The URL can be used to link to this page

2015-06-01_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, June 1, 2015 6:00 pm Council Chamber 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 de la greffiere communale au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of section 10 of the Municipalities Act and Council /Committee will make a decision(s) in that respect in Open Session: 4:00 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Employment Matter 10.2(4)0) 1.3 Legal Matter 10.2(4)(f,g) 1.4 Legal Matter 10.2(4)(g) 1.5 Financial Matter 10.2(4)(c) 1.6 Financial Matter 10.2(4)(c) 1.7 Financial Matter 10.2(4)(c) 1.8 Guidelines for Common Council Referrals Update 1.9 Employment Matter 10.2(4)0) 1.10 Legal Matter 10.2(4)(f) 1.11 Employment Matter 10.2(4)0) 1.12 Land Matter 10.2(4)(d) 1.13 Legal Matter 10.2(4)(f) Regular Meeting 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of May 11, 2015 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Designation of By -Law Enforcement Officer and Inspection Officers (Recommendation in Report) 5.2 Saint John Taxicab By -Law Information Sessions June 3, 2015 (Recommendation: Receive for Information) 5.3 Proposed Public Hearing Date — 27 Cliff Street (Recommendation in Report) 5.4 Letter from C. Henderson re: Parking Ban on Bayside Drive (Recommendation: Refer to City Manager) 6. Members Comments 7. Proclamation 7.1 Shriners International Day and Shriners Week — June 1St to June 7th, 2015 7.2 Paramedic Services Week — May 24th to May 30th, 2015 7.3 Disability Awareness Week — May 31 st to June 6th, 2015 7.4 SIDS Awareness and Memorial Day — May 23rd, 2015 7.5 World Refugee Day — June 20th, 2015 8. Delegations / Presentations 9. Public Hearings — 6:30 pm 9.1 Proposed Municipal Plan Amendment and Rezoning — 170 Ashburn Lake Road — Staff Presentation 9. 1.1 Planning Advisory Committee report Recommending Municipal Plan Amendment and Zoning ByLaw Amendment 9.1.2 Proposed Municipal Plan ByLaw Amendment and Zoning ByLaw Amendment for 170 Ashburn Lake Road (1St and 2nd Reading) 9.1.3 Objection — Brenton Kean on behalf of Citizens Against Urban Quarries 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Council Certificates (Councillor Fullerton) 11.2 Canada 150 (Councillor Fullerton) 12. Business Matters — Municipal Officers 12.1 One Stop Development Shop Project Update 12.2 Transportation Strategic Plan — MoveSJ — Phase 1: Community Engagement Plan 12.3 Replacement — Data Storage System for City IT and Police Services 12.4 Use of the Saint John Community Brand 13. Committee Reports 13.1 Saint John Community Arts Board Letter — Canada 150 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Letter from The Saint John Taxi Owners & Operators Association Ltd. re: Taxi Meter System 15.2 East Coast Music Week 2017 Committee Request to Present 16. Supplemental Agenda 16.1 Lifeguard Services — City Beaches 16.2 Energy East Ltd. Project Council Update on the NEB Process 16.3 189 Prince William Street — Federal Surplus Property 16.4 Request to Conduct a Surface Remote Sensing Survey of City Land at Vulcan Street — PIDs 0002444 and 55147482 16.5 Committee of the Whole: Recommended Appointment to a Committee 16.6 Uptown Saint John Request to Present (Councillor Reardon) 17. Committee of the Whole 17.1 Emera New Brunswick Field — Shamrock Park (the "Project ") 17.2 Job Evaluation and Compensation Review (Management /Professional Staff) 17.3 Atlantic Potash Option Renewal 17.4 Peel Plaza Surplus Buildings 17.5 Saint John City Market — Surrender of Lease Stall "E" and Lease of Space Stall "A" 18. Adjournment The City of Saint John Seance du conseil communal Le lundi 1" juin 2015 18 h Salle du conseil Comit6 pWnier 1. Ouverture de la seance Si vous souhaitez obtenir des services en franrais pour une r6union du Conseil communal, veuillez communiquer avec le bureau du greffier communal 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 ou le comit6 prendra une ou des d6cisions a cet &gard au cours de la s6ance publique : 16 h Salle de conf6rence, 8e 6tage, h6tel de ville 1.14 Approbation du proc6s- verbal - paragraphe 10.2(4) 1.15 Question relative a 1'emploi - alin&a 10.2(4)j) 1.16 Question juridique - alin&as 10.2(4))g, g) 1.17 Question juridique - alin6a 10.2(4)g) 1.18 Question financiere - alin6a 10.2(4)c) 1.19 Question financiere - alin6a 10.2(4)c) 1.20 Question financiere - alin6a 10.2(4)c) 1.21 Directives pour les renvois du conseil communal - Mise a jour 1.22 Question relative a 1'emploi - alin6a 10.2(4)j) 1.23 Question juridique - alin6a 10.2(4)/) 1.24 Question relative a 1'emploi - alin6a 10.2(4)j) 1.25 Question relative aux biens -fonds - alin&a 10.2(4)d) 1.26 Question juridique - alin&a 10.2(4)j) Seance ordinaire 1.Ouverture de la seance, suivie de la pri6re 2. Approbation du proces- verbal 2.1 Proc6s- verbal de la s6ance tenue le 11 mai 2015 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 Nomination d'un agent d'ex&cution des arr&&s municipaux et d'agents des inspections (recommandation figurant au rapport) 5.2 Tenue des seances d'information sur 1'Arr&6 de Saint John r6glementant les taxis le 3 juin 2015 (recommandation : accepter a titre informatif) 5.3 Date pr6vue d'une audience publique relativement au 27, rue Cliff (recommandation figurant au rapport) 5.4 Lettre reque de C. Henderson relative a l'interdiction de stationnement sur la promenade Bayside ( recommandation : transmettre au directeur g6n6ra1) 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Journ&e internationale des Shriners et Semaine des Shriners du ler au 7 juin 2015 7.2 Semaine des services param&dicaux du 24 au 30 mai 2015 7.3 Semaine de sensibilisation a la situation des personnes handicap&es du 31 mai au 6 juin 2015 7.4 Journ&e a la m6moire des victimes du syndrome de mort subite du nourrisson (SMSN) et de sensibilisation au syndrome de mort subite du nourrisson le 23 mai 2015 7.5 Journ6e mondiale des r6fugi6s le 20 juin 2015 8. D616gations et pr6sentations 9. Audiences publiques —18 h 30 9.1 Projet de modification du plan municipal et de rezonage visant le 170, chemin Ashburn Lake — Pr6sentation du personnel 9. 1.1 Rapport du Comit6 consultatif d'urbanisme recommandant la modification du plan municipal et de 1'Arret6 de zonage 9.1.2 Projet de modification du plan municipal et de 1'Arret6 de zonage visant le 170, chemin Ashburn Lake (premiere et deuxi6me lectures) 9.1.3 Objection — Brenton Kean au nom des citoyens oppos&s aux carri&res en milieu urbain 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.1 Certificats du conseil (conseillere Fullerton) 11.2 Fonds Canada 150 (conseill &re Fullerton) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Le point sur le projet de guichet unique en mati &re d'am6nagement 12.2 Plan strategique en matiere de transport — EnMouvementSJ — Phase 1 : Plan de mobilisation communautaire 12.3 Remplacement — Syst &me de stockage des donn6es pour les services des TI et les services de police de la Ville 12.4 Utilisation de la marque communautaire de Saint John 13. Rapports d6pos6s par les comit6s 13.1 Lettre revue du Conseil d'administration des arts de la communaut6 de Saint John — Fonds Canada 150 14. Etude des sujets 6cart6s des questions soumises i I'approbation du conseil 15. Correspondance g6ndrale 15.1 Lettre revue de la Saint John Taxi Owners & Operators Assoc. Ltd. concernant le syst &me de compteurs pour les taxis 15.2 Demande de pr6sentation du comit6 organisateur de la Semaine de musique de la c6te Est 2017 16. Ordre du jour suppl6mentaire 16.1 Services de sauvetage — Plages municipales 16.2 Projet Energie Est — Mise a jour du conseil sur le processus de 1'Office national de 1'6nergie (ONE) 16.3 189, rue Prince William — Propri6t6 f6d6rale en surplus 16.4 Demande en vue de mener une Etude par t616detection de la surface du terrain municipal de la rue Vulcan — NID 0002444 et 55147482 16.5 Comite plenier : Recommandation de nomination pour si6ger a un comit6 16.6 Demande de Uptown Saint John de se presenter devant le conseil (conseill &re Reardon) 17. Comit6 pldnier 17.1 Terrain Emera New Brunswick du parc Shamrock (le « projet )>) 17.2 Evaluation du rendement et examen de la r&muneration (direction/personnel professionnel) 17.3 Atlantic Potash Corporation — Option de renouvellement 17.4 Bdtiments excedentaires de la place Peel 17.5 Marche municipal de The City of Saint John — Cession de bail relativement a fetal ri « E » et location de fetal ri « A » 18. Levee de la seance 99- COMMON COUNCIL /CONSEIL COMMUNAL MAY 11, 2015/LE 11 MAI 2015 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MAY 11, 2015 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, and Reardon Regrets: Councillor Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Growth and Community Development; A. Poffenroth, Deputy Commissioner Growth and Community Service; N. Jacobsen, Commissioner of Strategic Services; K. Clifford, Fire Chief; P. Ouellette, Executive Director; J. Taylor, Common Clerk; P. Anglin, Deputy Common Clerk. Call To Order Mayor Norton called the meeting to order. K. Clifford, Fire Chief was called upon to share a moment of reflection on behalf of Peter K. Saab, District Fire Chief, Saint John Fire Department, whose death occurred on May 4`h, 2015. 2. Approval of Minutes 2.1 Minutes of April 13, 2015 On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on April 13, 2015, be approved. Question being taken, the motion was carried. 2.2 Minutes of April 27, 2015 On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the minutes of the meeting of Common Council, held on April 27, 2015, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Recommended Appointments to Committees — Saint John Energy; 16.2 Public Information Session — Milford Sewer Separation; 16.3 Provincially Designated Highways — 2015 Improvement Program; 16.4 Contract No. 2015 -02 Sewer Cross Connections — Supply and Install Check Valves; 16.5 2015 Traffic Safety — Flow Projects and Maintenance; 16.6 2015 Fleet Replacement Policy; 17.1 Destination Marketing Agreement - Renewal; 17.2 Water & Sewer Utility Accounts Receivable; 17.3 Train Whistling Cessation; and 17.4 Substandard Properties Appeal Board. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Councillor Lowe declared a conflict with item 12.4 Proposed Saint John Taxicab By -law. 5. Consent Agenda 99- COMMON COUNCIL /CONSEIL COMMUNAL MAY 11, 2015/LE 11 MAI 2015 5.1 Refer to 14.1 5.2 That as the report M &C 2015 -92: 2015 Roadway Construction Project be received for information. 5.3 That as recommended by the City Manager in the submitted report M &C 2015- 94: Access to Haymarket Square from Waterloo Street, the scope of the future project on Waterloo Street (from Castle Street to Haymarket Square) to renew water and sewer and reconstruct the street include a feasibility review of extending Waterloo Street to Haymarket Square to allow "right -out' traffic flow. 5.4 That the report M &C 2015 -91: 2015 General Specifications Revision be received for information. 5.5 That as recommended by the City Manager in the submitted report M &C 2015- 83: Engineering Services: Union St/Saint Patrick St Intersection and Sydney St/King Square North Intersection - Traffic Light Renewals, the proposal from exp Services Inc. for engineering design and construction management services for the Union Street/Saint Patrick Street Intersection and Sydney Street/King Square North Intersection - Traffic Light Renewals project in the amount of $153,743.28 including HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.6 That as recommended by the City Manager in the submitted report M &C 2015- 88: Contract No. 2015 -11: Lancaster St (Winslow to Charlotte) - Watermain and Sanitary Sewer,the contract be awarded to the low Tenderer, Midi Construction Ltd., at the tendered price of $371,332.13 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.7 That as recommended by the City Manager in the submitted report M &C 2015- 90: Licence for Saint John Adventures Inc. to Operate Zip Line at Fallsview Park, the City of Saint John grant a five (5) season Licence to Saint John Adventures Inc. under the terms and conditions, as contained in the document attached to M &C 2015 -90; and that the Mayor and Common Clerk be authorized to sign the Licence. 5.8 That the letters received from various citizens regarding the Prayer at Common Council meetings, be received for information. On motion Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 14 Consideration of Issues Separated from Consent Agenda 14.1 Letter from H. Sauerteig re Liaison Plans of Local Pipeline Companies to secure the Participation of First Responders in Emergencies On motion of Councillor Fullerton Seconded by Councillor MacKenzie RESOLVED that item 5.1 Letter from H. Sauerteig re Liaison Plans of Local Pipeline Companies to secure the Participation of First Responders in Emergencies be referred to the Fire Chief for a response. Question being taken, the motion was carried with Deputy Mayor Rinehart and Councillor McAlary voting nay. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Police Week - Week of May 10 to May 16, 2015 9 99- COMMON COUNCIL /CONSEIL COMMUNAL MAY 11, 2015/LE 11 MAI 2015 The Mayor proclaimed the week of May 10 -16, 2015 Police Week in the City of Saint John. 7.2 International Day Against Homophobia and Transphobia - May 17, 2015 The Mayor proclaimed the weekend of May 17, 2015 International Day against Homophobia and Transphobia in the City of Saint John. 8. Delegations /Presentations 9. Public Hearings 6:30 P.M. 9.1 Staff Presentation - Proposed Section 39 Amendment - 15 Depot Court 9.1.1 Planning Advisory Committee Report Recommending Section 39 Amendment 9.1.2 Proposed Section 39 Amendment regarding 15 Depot Court The Common Clerk advised that the necessary advertising was completed with regard to amending the Section 39 conditions imposed on the January 31, 2005 rezoning of the property located at 15 Depot Court, also identified by PID No. 55220271, to permit a portion of the required landscaping adjacent to Westmorland Road to be reduced in width from 6 metres to approximately 5 metres. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its April 21, 2015 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 Mr. John Wheatly, East Point Inc. presenting. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that, pursuant to Section 39 of the Community Planning Act, the conditions governing the development and use of the parcel of land with an area of approximately 4003 square metres, located at 15 Depot Court, also identified by PID No. 55220271, imposed by Common Council on January 31, 2005 be amended as follows: a) Amend condition e), as follows, to permit a reduced setback of 5 metres in the vicinity of the garbage enclosure: e) The developer must extend curb and sidewalk along the entire Westmorland Road frontage of the site not occupied by buildings, driveways, walkways, parking or loading areas, including a minimum of 6 metres inside the front property line abutting Westmorland Road, which can be reduced to a minimum of 5 metres in the vicinity of the garbage enclosure as generally illustrated on the drawings submitted by the applicant; and the required landscaping must extend onto the City street right -of -way to the edge of the City curb /sidewalk. Question being taken, the motion was carried 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Saint John Multicultural and Newcomers Resource Centre Presentation (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Farren 11 99- COMMON COUNCIL /CONSEIL COMMUNAL MAY 11, 2015/LE 11 MAI 2015 RESOLVED that item 11.1 Saint John Multicultural and Newcomers Resource Centre Presentation be referred to the City Manager for a presentation during open session. Question being taken, the motion was carried. 11.2 The Canada 150 Fund (Mayor Norton) On motion of Councillor Merrithew Seconded by Councillor MacKenzie RESOLVED that item 11.2 The Canada 150 Fund, be referred to the City Manager, to forward to the Cultural Affairs Office and the Hardman Group for coordination. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Demolition of the Open, Vacant, Dilapidated, and Structurally Unsound Buildings at 53 Parks Street Extension On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report entitled, M &C 2015 -093: Demolition of the Open, Vacant, Dilapidated, and Structurally Unsound Buildings at 53 Parks Street Extension, Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the buildings at 53 Parks Street Extension (PI D# 00031310), in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 12.2 2015 Asphalt Pavements Work On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -85: 2015 Asphalt Pavements Work, the report be received for information. Question being taken, the motion was carried. 12.3 Contract 2014 -17: Waterloo St., Richmond St. and Paddock St. - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -87: Contract 2014 -17: Waterloo Street, Richmond Street and Paddock Street - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction, the tender be awarded to the low tenderer, Terraex Inc., at the tendered price of $2,143,396.43 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. (Councillor Lowe withdrew from the meeting) 12.4 Proposed Saint John Taxicab By -Law A. Poffenroth presented the proposed Taxi By -law highlights and outlined the involvement of the Taxi Bylaw Review Committee, the Taxi Advisory Committee, the stakeholder / public / taxi / consultation process in 2011 and the feedback received, and continuing liaison with the Committee and stakeholders. Key initiatives include the 5 99- COMMON COUNCIL /CONSEIL COMMUNAL MAY 11, 2015/LE 11 MAI 2015 introduction of metered rates, mandatory driver clearance checks, better insurance, clean, knowledgeable drivers and setting the maximum age of a taxi vehicle at 7 years. On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -82: Proposed Saint John Taxicab By -Law: 1. Common Council give first and second reading to the submitted Saint John Taxicab By -law; 2. Common Council task the Taxicab Advisory Committee with making a recommendation to Common Council within one years' time regarding the curriculum and implementation of a basic taxicab driver training program that utilizes external providers at little, if any, additional cost to the City; 3. Common Council task the Taxicab Advisory Committee with reviewing license fees and other Taxicab By -law fees in two years' time and annually from that point onward and making a recommendation to Common Council if any changes are recommended; 4. Common Council task the Taxicab Advisory Committee with reviewing metered rates annually and making a recommendation to Common Council if any changes are recommended. Question being taken, the motion was carried. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number M -12, A By -Law Respecting the Regulation and Licensing of Owners and Operators of Taxicabs in The City of Saint John ", which incorporates a number of reforms including the calculation of fares by meters; standardized meter rates; vehicle age not to exceed seven years; driver training; enhanced insurance coverage; and increased fines for by -law offences, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "By -Law Number M -12, A By -Law Respecting the Regulation and Licensing of Owners and Operators of Taxicabs in The City of Saint John." On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the by -law entitled, "By -Law Number M- 12, A By -Law Respecting the Regulation and Licensing of Owners and Operators of Taxicabs in The City of Saint John ", which incorporates a number of reforms including the calculation of fares by meters; standardized meter rates; vehicle age not to exceed seven years; driver training; enhanced insurance coverage; and increased fines for by- law offences, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "By -Law Number M -12, A By -Law Respecting the Regulation and Licensing of Owners and Operators of Taxicabs in The City of Saint John." Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that Common Council directs the Taxi By -law Review Committee as follows: • Within 30 days, to hold a meeting open to the public / taxi owners / taxi drivers / stakeholders to provide information on the proposed Taxi By -Law; • To notify Council of the dates for the public information session; and, X 99- COMMON COUNCIL /CONSEIL COMMUNAL MAY 11, 2015/LE 11 MAI 2015 • To complete the public / stakeholder information session and report back to Council before third reading. Question being taken, the motion was carried. (Councillor Lowe re- entered the meeting) 12.5 Building Permit Application - Henderson Lake Area On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -84: Building Permit Application — Henderson Lake Area: 1. The applicant, Dale Russell, be permitted to address Common Council regarding the application and to answer any questions that Council may have regarding the matter; 2. Common Council deny the applicant's request to legalize the construction of an existing dwelling on a property located on the west side of Henderson Lake (PID # 00291278) in accordance with Section 2.7(2) of the Zoning By -law due to unsatisfactory arrangements for access to the site; 3. Should Common Council be satisfied with the applicant's proposal regarding the provision of services to the property, Common Council enter into an agreement with the applicant pursuant to Section 101 of the Community Planning Act setting out the following as outlined in the applicant's proposal: • the structure will be utilized as a seasonal camp; • the City of Saint John does not provide the full range of municipal services to the property including access via a Public Street, summer and winter roadway maintenance, and emergency response, and will not be providing these services to this property in the foreseeable future; • the applicant will retain a qualified professional to provide a written and stamped report demonstrating the building is structurally sound and meets the requirements of the National Building Code; and • the applicant will not hold the City of Saint John liable should it not be able to provide the required services, understanding that services available in this location are not equal to those on other parts of the City. Question being taken, the motion was carried. 13. Committee Reports 13.1 Lord Beaverbrook Rink: Request to Present On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the City Manager be directed to schedule the Lord Beaverbrook Rink: Request to Present in Committee of the Whole closed session. Question being taken, the motion was carried. 15. General Correspondence 15.1 L.W.F. Cuppens re: Poor State of Taxis in Saint John On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the letter from L.W.F. Cuppens re: Poor State of Taxis in Saint John be received for information. Question being taken, the motion was carried. 7 99- COMMON COUNCIL /CONSEIL COMMUNAL MAY 11, 2015/LE 11 MAI 2015 15.2 Rocmaura Nursing Home Foundation - Oktoberfest - 17th Annual Foundation Fundraising Dinner, Casino and Auction On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the item be referred to the Common Clerk to purchase a table for the October 3`d fundraising dinner. Question being taken, the motion was carried. 16. Supplemental Agenda 16.1 Recommended Appointments to Committees — Saint John Energy On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Common Council approves the following appointment to a committee: Power Commission of the City of Saint John: to appoint Ross Galbraith to a three year term from May 9, 2015 to May 9, 2018. Question being taken, the motion was carried. 16.2 Public Information Session - Milford Sewer Separation Phase III On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report, M &C 2015 -95: Public Information Session - Milford Sewer Separation Phase 111, the report be received for information. Question being taken, the motion was carried. 16.3 Provincially Designated Highways - 2015 Improvement Program On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -97: Provincially Designated Highways — 2015 Improvement Program Common Council adopts the following: 1. The Mayor and Common Clerk be authorized to execute the signature page on the submitted letter agreeing to participate financially in the amount of $293,000 plus non recoverable HST for the asphalt paving at following locations: • Route 100 (Fairville Boulevard) from Harding Street to Simms Corner, a distance of approximately 0.3 km; • Route 100 (Main Street) from Chesley Drive to Viaduct and from Viaduct to Union Street, a distance of approximately 0.9 km; • Route 100 (Station Street) from Smythe Street to City Road, a distance of approximately 0.5 km; • Somerset Street from Paradise Row to Barker Street, a distance of 0.4 km 2. Route 100 (Fairville Boulevard) from Harding Street to Simms Corner, asphalt paving, a distance of approximately 0.3 km and Route 100 (Station Street) from Smythe Street to City Road, asphalt paving, a distance of approximately 0.5 km be added to Contract 2015 -15 Asphalt Resurfacing 2015 at an amount of $241,000 based on estimated quantities. Question being taken, the motion was carried. n. 99- COMMON COUNCIL /CONSEIL COMMUNAL MAY 11, 2015/LE 11 MAI 2015 16.4 Contract No. 2015 -02: Sewer Cross Connections - Supply and Install Check Valves On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -96: Contract No. 2015 -02: Sewer Cross Connections — Supply & Install Check Vales, Common Council award the contract to the low Tenderer, Fairville Construction Ltd., at their tendered price of $53,945.07 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.5 2015 Traffic Safety - Flow Projects and Maintenance T. O'Reilly presented the report entitled, 2015 Traffic Safety - Flow Projects and Maintenance. On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -86: 2015 Traffic Safety - Flow Projects and Maintenance, the report be received for information. Question being taken, the motion was carried. 16.6 2015 Fleet Replacement Policy On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that as recommended by the City Manager in the submitted report M &C 2015 -99: 2015 Fleet Replacement Program Common Council approve the acquisition of vehicle and equipment as identified in the submitted Schedule 1 at an estimated cost of $3,635,000 plus applicable taxes. Question being taken, the motion was carried with Councillors Norton and Farren voting nay. 17. Committee of the Whole 17.1 Destination Marketing Agreement — Renewal On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole, having met on May 11, 2015, Common Council approve the 5 year agreement renewal between the City of Saint John and Saint John Destination Marketing Inc. for the provision of tourism marketing services. Question being taken the motion was carried. 17.2 Water and Sewerage Utility Accounts Receivable The City Manager commented on the public reporting of W &S Utility Accounts receivable. Mr. Woods stated that the current arrears is $1.25 million which is 3% of annual billings. The City's collection process consists of internal collection resources, external collection agencies, payment plans, notice of shut -off, and shut off. There is also a lien provision under section 189 of the Municipalities Act for overdue accounts over 60 days. The Commissioner of Finance stated that of the 17,000 accounts in total, 2,400 are delinquent. The delinquent accounts more than 60 days have statutory liens attached. On motion of Councillor Merrithew Seconded by Councillor McAlary 9 99- COMMON COUNCIL /CONSEIL COMMUNAL MAY 11, 2015/LE 11 MAI 2015 RESOLVED that the City pursue an aggressive collection with the delinquent accounts where there is no payment arrangement in place and keep council apprised of the accounts status during regular session every 30 days. Question being taken, the motion was carried. 17.3 Train Whistling Cessation On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the Committee of the Whole, having met on May 11, 2015, Common Council: 1. Authorize the City Manager to formally request NBSR to pursue a train whistling exemption for the Rothesay Avenue and Thome Avenue train crossings; and 2. Authorize the City of Saint John to execute the indemnities generally in the form as submitted on the condition that Transport Canada completes a final safety assessment of the Rothesay Avenue and Thorne Avenue train crossings and that the safety assessment concludes that it is appropriate to grant, without condition, a whistling exemption for those crossings. Question being taken, the motion was carried with Councillor Farren voting nay. 17.4 Substandard Properties Appeal Board — Revised Provisions On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that notwithstanding the recommendation from the Committee of the Whole, that the Saint John Substandard Properties Appeal Committee Terms of Reference be referred to the City Solicitor for advice and to prepare any necessary revisions to allow the committee chairs / lawyers to conduct hearings on a rotational basis. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor MacKenzie Seconded by Councillor Reardon RESOLVED that the Common Council meeting of May 11th, 2015 be adjourned. The Mayor declared the meeting adjourned at 9:20 p.m. Mayor / maire Common Clerk / greffier communal 10 REPORT TO COMMON COUNCIL OPEN SESSION M &C2015 -100 May 15, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Designation of By -law Enforcement Officer and Inspection Officers Designation of staff for entry on premises under the Community Planning Act BACKGROUND e City of Saint John From time to time, due to staff changes, it is necessary to designate appropriate individuals as By -law Enforcement Officers for the various by -laws enforced by Growth and Community Development Services. A new employee, Ms. Rachel Van Wart, has been hired to work with the Minimum Property Standards Program. It is necessary at this time to designate this individual as a By -law Enforcement Officer for the purposes of carrying out her duties by adopting the attached resolution. In doing so, Ms. Van Wart is designated and authorized to: • Lay informations in the Provincial Court of New Brunswick with respect to various property - related by -laws; • Issue Notices to Comply with respect to the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law and the Saint John Minimum Property Standards By -law and; • Issue POPA tickets for violations of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, the Saint John Minimum 11 M &C2015 -100 -2- May 15, 2015 Property Standards By -law and appropriate sections of the Municipalities Act. Additionally, Mr. Dennis Richard has been hired as an Assistant Building Inspector. At this time, it is necessary to appoint him as an Inspection Officer, so that he may conduct inspections pertaining to enforcement of the Saint John Minimum Property Standards By -law and the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law. It is also necessary at this time to authorize Ms. Van Wart and Mr. Richard for the right to enter on property for the purpose of making any inspection necessary for the administration of by -laws that fall within the scope of the Community Planning Act. These powers of entry are described in Section 92(1) of the Act and extend to the Saint John Building By -law, the Zoning By -law and the City of Saint John Flood Risk Areas By -law. RESOLUTION Your City Manager recommends that Common Council adopt the attached resolutions. Respectfully submitted, Amy Poffenroth, P.Eng., MBA Deputy Commissioner and Building Inspector Growth and Community Development Services Jacqueline Hamilton, MCIP, RPP Commissioner, Growth and Community Development Services Patrick Woods, CGA City Manager encl. 12 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, R.S.N.B 1973, c. M -22, and amendments thereto (the "Municipalities Act "), including the Saint John Minimum Property Standards By -law, By -law Number M -14, and amendments thereto (the "Saint John Minimum Property Standards By -law ") and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said by -law; AND WHEREAS subsection 14(1) of the Police Act, S.N.B. 1977, c. P -9.2, and amendments thereto (the "Police Act ") provides that a council may appoint persons as by -law enforcement officers for a municipality; AND WHEREAS subsection 23(1) of the Saint John Minimum Property Standards By -law provides that where a condition of a premise, dwelling, dwelling unit or structure does not comply with the Saint John Minimum Property Standards By -law, an officer appointed by council may notify the owner or occupier of a premise, dwelling unit or structure by notice in the form prescribed by Regulation; AND WHEREAS section 101 of the Municipalities Act provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that Rachel Van Wart is hereby appointed as a by -law enforcement officer with respect to the enforcement of the Saint John Minimum Property Standards By -law, effective immediately, and this appointment shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Rachel Van Wart is hereby appointed and authorized to notify owners and occupiers with respect to premises, dwellings, dwelling units or structures that do not meet the standards that are set out in the Saint John 13 -2- Minimum Property Standards By -law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Rachel Van Wart is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Minimum Property Standards By -law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 2. WHEREAS the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, including the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, By -law Number M -30, and amendments thereto (the "Saint John Unsightly Premises and Dangerous Buildings and Structures By- law "), and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said by -law; AND WHEREAS subsection 14(1) of the Police Act provides that a council may appoint persons as by -law enforcement officers for a municipality; AND WHEREAS subsection 190.01(3) of the Municipalities Act provides that an officer appointed by council may notify the owner or occupier of premises, a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to subsections 190.01(1), 190.01(1.1) or 190.01(2) of the Municipalities Act; AND WHEREAS section 101 of the Municipalities Act provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that Rachel Van Wart is hereby appointed as a by -law enforcement officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, effective immediately, and this appointment shall continue until she ceases to be an 14 -3- employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Rachel Van Wart is hereby appointed and authorized to notify owners and occupiers with respect to premises, buildings or structures that are unsightly; buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied; buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, as set out in the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Rachel Van Wart is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, effective immediately, and this designation and authorization shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 3. WHEREAS, the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, including the Saint John Dog Control By -law, By -law Number M- 13, Mobile Home Parks By -law, By -law Number M -20, , including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By -law; AND WHEREAS subsection 14(1) of the Police Act provides that a council may appoint persons as by -law enforcement officers for a municipality; AND WHEREAS section 101 of the Municipalities Act, provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: 15 -4- NOW THEREFORE BE IT RESOLVED, that Rachel Van Wart is hereby appointed as a by -law enforcement officer with respect to the enforcement of the Saint John Dog Control By -law and the Mobile Home Parks By -law, effective immediately, and this appointment shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Rachel Van Wart is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Dog Control By -law and the Mobile Home Parks By -law, effective immediately, and this appointment and authorization shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 4. WHEREAS subsection 100.2(x) of the Municipalities Act provides that offences under subsection 94.2(3) or 102.1(1.2) of the Municipalities Act or offences in respect of a by -law under subsection 94(1) or 94(3) or section 190 of the Municipalities Act, are prescribed offences for the purposes of section 9 of the Provincial Offences Procedure Act, S.N.B. 1987, c. P -22.1, and amendments thereto; AND WHEREAS subsection 100.2(b) of the Municipalities Act provides that a by -law enforcement officer appointed under section 14 of the Police Act, and designated by resolution of the council is an authorized person who may serve tickets in respect to offences referred to in subsection 100.2(x) of the Municipalities Act: NOW THEREFORE BE IT RESOLVED, that Rachel Van Wart is hereby designated and authorized as a person to serve tickets in respect to offences referred to in subsection 100.2(x) of the Municipalities Act, effective immediately, and this designation and authorization shall continue until she ceases to be an employee of Growth & Community Development Services of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 5. WHEREAS subsection 4(1) of the Saint John Minimum Property Standards By -law provides that Common Council may for the purposes of the administration and enforcement of the said by -law, appoint inspection officers who may exercise such powers and perform such duties as may be set out in the said by -law and /or the 16 - 5 - Residential Properties Maintenance and Occupancy Code Approval Regulation — Municipalities Act and /or the Municipalities Act: NOW THEREFORE BE IT RESOLVED, that Dennis Richard is hereby appointed as an inspection officer with respect to the enforcement of the Saint John Minimum Property Standards By -law which received first and second reading by Common Council on August 18, 2008 and third reading on September 2, 2008, being enacted upon approval by the Minister of Local Government, and /or the Residential Properties Maintenance and Occupancy Code Approval Regulation — Municipalities Act and /or the Municipalities Act, and these appointments shall continue until they cease to be employees of the Growth & Community Development Services of the City of Saint John or until it is rescinded by Common Council, whichever comes first. 6. WHEREAS the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Community Planning Act, R.S.N.B 1973, c. C -12, and amendments thereto, (the "Community Planning Act ") including the Saint John Building By -law, By- law Number C.P. 101, The Zoning By -law of the City of Saint John, By -law Number C.P. 110, and the City of Saint John Flood Risk Areas By -law, By- law Number C.P. 11 and amendments thereto for each of these By -laws, and it may from time to time be necessary to make inspections for the administration of these By -laws; AND WHEREAS subsection 92(1) of the Community Planning Act provides that a council may authorize persons to enter at all reasonable times upon any property within its jurisdiction for the purpose of making any inspection that is necessary for the administration of a by -law: NOW THEREFORE BE IT RESOLVED, that each of Rachel Van Wart and Dennis Richard, each of whom is a City Inspector, is hereby authorized to enter at all reasonable times upon any property within the territorial boundaries of the City of Saint John for the purpose of making any inspection that is necessary for the administration of the Building By -law, Zoning By -law, and the City of Saint John Flood Risk Areas By -law, effective immediately, and this authorization shall continue until he /she ceases to be an employee of Growth and Community Development Services of The City of Saint John or until rescinded by Common Council, whichever comes first. 17 REPORT TO COMMON COUNCIL OPEN SESSION M &C2015 -103 May 25, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Saint John Taxicab By -law Information Sessions June 3, 2015 e City of Saint John BACKGROUND As Council requested at its meeting of May 11, 2015, the Taxicab By -law Review Committee has scheduled Taxicab By -law information sessions to provide information on the proposed By -law. Two information sessions have been scheduled: one for the taxicab industry and one for the public and various organizations that represent regular users of taxicabs in the City. Taxicab Industry Wednesday, June 3, 2015 at 10 am Saint John Police Force Multi- Purpose Room ONE Peel Plaza Public / Organizations Wednesday, June 3, 2015 at 2 pm Saint John Police Force Multi- Purpose Room ONE Peel Plaza For the taxicab industry session, invitations have been sent by mail to all 314 licensed owners and operators and all have been personally telephoned. For the public /organizations session, 31 invitations have been sent by email and mail to organizations that represent the tourism and hospitality industry, business community, priority neighbourhoods, University, and various community groups. 0. M &C2015 -103 -2- May 25, 2015 Anyone interested in attending who has not received a formal invitation is more than welcome to attend the session. At the Information Sessions, participants will have an opportunity to hear more about the proposed changes to the By -law and to provide feedback by way of a short questionnaire. The Taxicab By -law Review Committee will then report back to Council on the sessions prior to third reading of the By -law. RESOLUTION Your City Manager recommends that Common Council receive and file this report entitled Saint John Taxicab By -law Information Sessions June 3, 2015. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Chairperson, Taxicab By -law Review Committee J. Patrick Woods, CGA City Manager 19 REPORT TO COMMON COUNCIL M &C- 2015 -105 May 26, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date — 27 Cliff Street =9y City of Saint John As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone St. Vincent's 27 Cliff Street CFM RC To permit the Apartments Inc. conversion of an additional portion of the former high school to apartments. RECOMMENDATION: That Common Council schedule the public hearing for the rezoning application of St. Vincent's Apartments Inc. (27 Cliff Street) for Monday, July 6, 2015 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Growth and Community Development Services JH/m 20 J. Patrick Woods, CGA City Manager RECE V ED May 14, 2015 VX 15 2015 Mayor Norton & Council Members --------------- City of Saint John P.O. Box 1971 Saint John, N. B. E2L 41_1 Dear Mayor Norton & Council members In 1975, 1 had my driving test at the Drivers Exam office (now Somerville Flooring )on Bayside Drive when there was not four -five lanes of traffic and everyone parked on the side of the road to run into the driving office. Times have changed and so should the parking laws that allow parking on the inside lane of Bayside Drive, especially between the Causeway and Kanes' Corner. Now that the One mile Interchange is complete and trucks are directed to use Bayside Drive and the traffic has increased dramatically, there has to be a ban on parking. Businesses have their own customer parking or if they do not have parking for customers maybe that building should be re -zoned to residential as I do believe any business is required to provide off road parking. ? ?? I use the example of driving down Rothesay Ave and stopping in front of Saint John Toyota and just leaving my car there on the inside lane while I go in to their office. There is no sign there that says No Parking but I am sure it is not allowed there and should not be allowed anywhere on Bayside Drive as there have been numerous occasions where people are pushed over into on- coming traffic as the vehicle in the inside lane has to push over as a car is parked in front of the suntanning /hair place or Chinese restaurant or Insurance company OR there are two cars driving in each lane heading to Kanes comer and a car stops and parks in front of the hair salon leaving the car behind it to suddenly stop and try to move over to the outside lane. I know there have been many close calls for accidents to happen, I don't have any figures of exactly how many have happened but I do believe someone will be killed there because of the increase in traffic and parking on the inside lane. Please change the parking law to BAN parking on Bayside Drive. I have collected a few signatures of people that agree to changing the panting law. I could get another couple hundred signatures if you like, or maybe let me know what else I can do or who else 1 can contact to have this request approved to have the parking law changed. Thank you Sincerely Carol Henderson 27 Hockey Street Saint John, N.B. 632 -1196 21 Supporters of a Parking Ban on Bayside Drive 22 Name: Phone Number 1 eef_- 2 CO 3 4 5 7 7 8 9 , ec- 10 11 ,{ 12 13 ILA ;11;;±L 14 �r " 16rm 17 18� 19 .02 Iez�-� 20 f 21 c� 22 !� 23 24 125 26 7 8 129 130 22 ■ �4 The Oty of &%Wjohn PROCLAMATION WHEREAS: Shriners International is a well -know, respected fraternity dedicated to fun, fellowship and philanthropy with hundreds of thousands of members who belong to 193 chapters throughout the world; and WHEREAS: members support Shriners Hospitals for Children®, a pediatric health care system that was founded by the Shriners fraternity and provides all care with no financial obligation to patients or their families; and WHEREAS: membership in the Shriners fraternity offers the invaluable opportunity to build camaraderie and lifelong friendships with other men of character and upstanding values; and WHEREAS: shriners international offers its members professional development and leadership opportunities in their local communities and internationally; and WHEREAS: it is fitting and appropriate to acknowledge and celebrate this wonderful fraternity and its rich history on June 6+h, Shriners International Day. NOW THEREFORE: I, Mayor Met Norton, of Saint John do hereby proclaim the day of June 6th and week of June 1st to June 7th, 2015 as Shriners International Day and Shriners Week respectively in Saint John and do encourage all of our citizens to learn more about Shriners international and celebrate its many impressive achievements over the past 141 years. In witness whereof I have set my hand and affixed the official seal of the Mayor of t'r .- City of Saint John. 23 i The [Icy of saM John PROCI AX4TION WHEREAS: Paramedic services is a vital public service; and WHEREAS: The members of paramedic services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS: Access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and WHEREAS: The paramedic services system consists of paramedics, emergency medical dispatchers, critical care flight nurses; and WHEREAS: The members of paramedic services teams engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS: It is appropriate to recognize the value and the accomplishments of paramedic services providers by designating Paramedic Services Week. NOW THEREFORE: I, Mayor Met Norton, John do hereby proclaim the week of May 24th to May Paramedic !Services Week in Saint John, New Brunswick. of Saint 30th, 2015 With the 2014 theme, Our family caring for yours, I encourage the community to observe this week with appropriate programs, ceremonies and activities. In Witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 24 ;w PROCLAMATION WHEREAS: the municipality of Saint John is committed to assisting citizens with disabilities to participate fully in our community, and WHEREAS: many persons living with disabilities face barriers in the areas of employment, access to information, transportation, housing, education, recreation, and other disability - related supports; and WHEREAS: we believe that more citizens with disabilities should have the chance to access disability related supports to improve their opportunities in New Brunswick; and WHEREAS: we support the theme "Independence Through Employment NOW THEREFORE: I, Mayor Mel Norton, of the City of Saint John do hereby request that citizens join in recognizing persons with disabilities and their potential role in our community by the observance of Disability Awareness Week, May 31"t to June 6th, 2015. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 25 A 7V The City of & t John PROCLAMATION WHEREAS as many as one of out of every 2,000 apparently healthy live born infants in Canada dies suddenly and unexpectedly due to Sudden Infant Death Syndrome {SIDS} WHEREAS Sudden Infant Death Syndrome remains both unpredictable and unpreventable, and WHEREAS the families of these infants require current, accurate information and emotional support to help them cope with the death of their child, and WHEREAS all Canadians should be concerned about the immense annual loss of potential which results from these unexplained deaths of our country's infants from SIDS; WHEREAS Baby's Breath, does tremendous work in raising awareness, however greater supports are needed; NOW THEREFORE: I, Mayor Mel Norton, of Saint John, do hereby proclaim May 23rd as SIDS Awareness and Memorial Day. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 26 4 The ChY of Saint John PROCLAMATION WHEREAS The United Nations High Commissioner for Refugees (UNHCR) is mandated by the United Nations General Assembly to lead and co- ordinate international action to protect refugees and find solutions to refugee problems worldwide; WHEREAS it is important to recognize that Canada has a long history of helping and protecting refugees, and is signatory to the 1951 United Nations Convention relating to the Status of Refugees and its 1967 Protocol; WHEREAS the United Nations General Assembly unanimously adopted on 4 December 2000, a resolution naming 20 June every- year as World Refugee Day to build awareness, empathy, support and respect; and WHEREAS World Refugee Day 2015 recognizes that refugees are ordinary people in extraordinary circumstances, each with a story- to tell, a person behind the statistic — doctor, poet, interpreter, son, mother, friend; WHEREAS The City of Saint John and its people continue to welcome refugees and make resources available for refugees and their families to have a dignified life; NOW THEREFORE: I, Mayor Mel Norton, of Saint John, do hereby proclaim June 20, 2015 as World Refugee Day. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. " 4L � , z -s hburn Lake Road Municipal Plan Amendment and Rezoning Community Planning & Development Growth & Community Development Services 'P. IWO V Rezi 41ways zoned �----,-Park and Watural- Area Resourc &I - Rye I i 'C'. L',� cc m ca c— V 3 �i _1 P, D 00CI 1896 M 5517^;% 1 —PROP11 El.lVARY +— PMKMRY OEVEL9PNENT AREA SOUNDARY (PDA) Q HEAVY INDUSTRIAL Q Ur HT INM.13MIM. URBAN RESEWE [PARx & NAlURAL AACAS [,[RURAL RESOURCE -rr r` I /" t i RR / % I f� ` 4 EyIS N PRIWARY DML(�PIIENT ARIA WUNDY PLAN A / PID � d�IBS.B PIO DU29EA22 GE4uY PROPOSE➢ PRIMUVRY PID 00BL7 j 41EVELOF'YA ERi AREA 'o • 1 RR DE9lY PO OM12B DOMIN14 PIt7 J DOLY I �� rte► ��' - r H1 v a PID{M-03BGdY' L"3 bEHLY L, 1�– r ♦ � as a p 1a LIEhT � p AuHRURN LAKE ROAD, SAINT JOHN PROJECT' FE— ZONING APPLICATION ASHBURN LAKE ROAD. tAINT JOHN. MB aw+wirxa MUNICIPAL PLAN AMENDMENT A BRUNSWICK E.nglneer rg & CAnwi[irg Ine soma e-� unre. KMJ O�JJA1 -MI5 11591'19 20;13.01 REV[°" 5KETCn s [L ' PeU IH fk i• f�•if —��1 V PPD55172M PIOCAwg3886Y IW tH P DaLy I Q_' 1` 0 � _�% F1Q oozam DEeLV P_ 00291338 QESLT Efl 6 Po s 9 45P r LAY/ t --- 1 PIk :z $CUE L'M WETW TOO 54 0 100 2.@D No PIDSB297299 'ID CORRIDOR GOMMERCAL EGNE (CC) + esnrr� PITS & QUARRIES ZONE (PO) - FU7UF E DEVELOPMENT ZONE (FQ) PD f- r HEAR INDUSTRIAL ZONE (IN) �� MEDIUM RnUSTRiAL ZON£ (0d) LIGHT INDUSTRIAL ZONE (11_) NEIGHS URING COMMUNITY FACILRY ZONE (CFN) RIPAL Z ^NE IPW A3RBURN LAKE ROAD, SAINT JOHN Q_' 1` 0 � _�% F1Q oozam DEeLV P_ 00291338 QESLT Efl 6 Po s 9 45P r LAY/ t --- 1 PIk :z $CUE L'M WETW TOO 54 0 100 2.@D No 'ID 4S29�a9 >aaaesta PD f- r �� A3RBURN LAKE ROAD, SAINT JOHN RE—ZONING APPLICATION ASHBURN LAKE ROAD, SAINT JOHN, NH. 4 wl.0. PROPOSED RE— ZONING PIoS bbl i28, OONO }7. 94292..13 & 0D2961 &2 BRUNSWICK X81 E%ir� g. L. lisutit7g If1e. �oM��Rae rob .!aFa 4a GILAitfA 6 ". tW1'E KMJ 08 -JJO1 -2-075 SCALE PRO_ccrw.: 1 :5oCQ 2805.01 REVISION SKETCH 1 1 0 t �J. U �s � An nip. M � n I� Proposed PDA Boundary Rural Resource Heavy Industrial Urban Reserve I Proposed PDA Boundary Pit and Ouarry (PQ) Heavy Industrial (IH) Medium Industrial (IM) 9 170 Ashburn a e Road a Recommendation • Common Council deny the proposed Municipal Plan Amendment and Rezoning Los• Approve staff recommendation Subject to Section 39 condition Community Planning & Development Growth & Community Development Services 9 170 Ashburn a e Road a 0 ;w 1 "* 15 TM ." __- PAC Decision • Approved proposed variance • Recommended Alternate Recommendation • Subject to Section 39 conditions Community Planning & Development Growth & Community Development Services Alternate Recommendation: Approve applicants proposal, with conditions: Section 39 Conditions: 1. Limit the uses 2. Site plan illustrating the location of the proposed plant 3. Site improvements on the approved site plan completed within one year of the approval of the building permit for the use. 4. Proposed stormwater pond be constructed, as generally illustrated on the applicant's Stormwater Plan, within one year of the rezoning of the subject site w i Proposed PDA Boundary Rural Resource Heavy Industrial f Map 2a - Future Land Use: Alternate Recommendation Griiiw Resources Inc. -'170 Ashburn Lake FVad 0 w Proposed PDA Boundary Pit and Qua" (PQ) Heavy Industrial (F) w ap 2b - Rezoning: Alternate Recommendation & Resources Inc. - 170 Ashburn Lake R$Sd PLANNING ADVISORY COMMITTEE May 21, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Municipal Plan Amendment and Rezoning 170 Ashburn Lake Road On April 27, 2015 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 20, 2015 meeting. The City of Saint John Stephen Perry of Brunswick Engineering, representing Debly Resources Inc., the applicant, appeared before the Committee and expressed some concerns with staff recommendation. Mr. Perry stated that considering the nature of the quarry business, it is difficult to determine where any proposed boundary between industrial operations and quarry operations should be. Further, Mr. Perry explained that Debly Resources Inc. is requesting the Heavy Industrial (IH) zone in the southern portion of the site as the company needs to have the appropriate zoning on the property to be able to bid on any future projects that may come forward involving a concrete plant. A concrete plant is not a permitted use in the Pit and Quarry (PQ) zone, which would require the applicant to seek a rezoning in the future if they wish to locate this facility onsite. Mr. Perry stated that the time required to go through the rezoning process would create a significant delay and inhibit the applicant's ability to successfully bid on contracts requiring onsite concrete mixing. The Committee asked staff if the Heavy Industrial (IH) zone is best suited for areas specifically inside the Industrial Parks or if they could be sited in other areas of the City. Staff responded that a heavy industrial use should be reviewed and analyzed, regardless of the proposed location, to ensure that the potential impacts of the proposed use do not negatively impact the surrounding community. Page 1 of 4 44 Debly Resources Inc. 170 Ashburn Lake Road May 21, 2015 The Committee further asked staff if the two recommendations in the staff report were linked. Staff responded that the two recommendations are separate and are not intended to be linked in any way. The first recommendation is staff recommendation, while the other recommendation reflects the desire of the applicant with several proposed Section 39 conditions. The Committee asked staff if the proposed rezoning to Pit and Quarry (PQ) would address the existing issues on the subject site with regards to the identified encroachments. Staff responded that the encroachments relating the quarry operation would be located inside the Pit and Quarry (PQ) zone if the proposed rezoning were approved, which would require these areas, as well as the rest of the site located in the Pit and Quarry (PQ) zone, to be regulated by the standards of the Zoning By -law that were intended to regulate a quarry operation. Staff added that the applicant is required to get a Flood Risk Area permit for the southern portion of the site where stockpiling has been occurring for several years, and would continue to be required in the event that the proposed rezoning is approved by Council. Staff clarified with the Committee that the alternate recommendation is not recommended by staff, but is meant to be an alternate consideration to the recommendation presented by staff. Further, staff cannot support a rezoning to Heavy Industrial (IH) without any relevant plans to review the proposed use. Much like the existing asphalt plant on the subject site, the proposed concrete plant should be required to go through a public review process and its location scoped tightly on the site to better mitigate and control any impacts. Majid Debly of Debly Resources Inc., the applicant, appeared before the Committee and stated that he believes the zoning that was applied to the southern portion of the site as a result of the ZoneSJ process, which is Medium Industrial (IM), is a downgraded zone from what was on the site under the previous By -law. Staff commented that the existing Medium Industrial (IM) zone is of equal intensity as the previous "1 -2" Heavy Industrial zone, including a large number of similar permitted uses, and that a concrete plant was also not permitted under the previous zoning category and would have required a rezoning. Mr. Perry addressed the Committee again to explain that a concrete plant does not have the same level of impacts as an asphalt plant, which currently exists on the subject site. The Committee discussed the two separate recommendations, and considered the need for private business to operate without impediments, but also expressed concern with regard to the subject site having a large area zoned for heavy industrial uses with no specific plans to review. The Committee suggested that Page 2 of 4 45 Debly Resources Inc. 170 Ashburn Lake Road May 21, 2015 they were comfortable with the alternate recommendation, although had some reservations about the possible scale of industrial activities that could be located onsite in the future if rezoned to Heavy Industrial (IH). After considering the report and the comments made by the applicant, the Committee granted the requested variance and recommended approval of the Plan amendment and rezoning of the property, subject to the conditions set out below. RECOMMENDATION: That Common Council redesignate, on Schedule A of the Municipal Development Plan, a parcel of land with an area of approximately 70 hectares, located at 170 Ashburn Lake Road, also identified as PID Nos. 00305128, 00298422, 00297333, and 00298182 from Rural Resource Area (outside of the Primary Development Area), Urban Reserve and Employment Area (within the Primary Development Area) to Rural Resource Area (outside the Primary Development Area) and Employment Area (within the Primary Development Area); 2. That Common Council redesignate, on Schedule B of the Municipal Development Plan, the same parcel of land, from Rural Resource (outside of the Primary Development Area), Urban Reserve and Heavy Industrial (within the Primary Development Area) to Rural Resource (outside of the Primary Development Area) and Heavy Industrial (within the Primary Development Area); 3. That Common Council rezone the same parcel of land from Rural (RU), Future Development (FD), Medium Industrial (IM), and Heavy Industrial (IH) to Pit and Quarry (PQ) and Heavy Industrial (IH); 4. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 30 hectares, located at 170 Ashburn Lake Road, also identified as PID No. 00305128 and a portion of PID No. 00298422, shall be subject to the following conditions: a. That the rezoning of the subject site to Heavy Industrial (IH) be limited to the following uses: i. A concrete plant ii. Asphalt plant iii. Medium industrial use iv. General contractor service v. Scrap or salvage yard vi. Service and repair, industrial vii. The existing non - conforming quarry operation, subject to the requirements of Section 12.4 of the Zoning By -law. b. That prior to establishing a concrete plant or asphalt plant on the subject site, the applicant must submit a site plan illustrating the location of the proposed plant, the placement of all site equipment, Page 3 of 4 46 Debly Resources Inc. 170 Ashburn Lake Road May 21, 2015 landscaping, storage and buildings, subject to the Development Officer prior to the issuance of a building permit. c. All required site improvements on the approved site plan shall be completed within one year of the approval of the building permit for the use. d. That the proposed stormwater pond be constructed, as generally illustrated on the applicant's Stormwater Plan, within one year of the rezoning of the subject site, to the satisfaction of the City's Chief Engineer or his designate. Respectfully submitted, Eric Falkjar Chair Attachments Page 4 of 4 47 Date: To: From: May 15, 2015 Planning Advisory Committee Community Planning and Development Growth and Community Development SUBJECT Applicant: Brunswick Engineering & Consulting Inc. (on behalf of Debly Resources Inc.) Owner: Debly Resources Inc. Location: 170 Ashburn Lake Road Existing Designation: Heavy Industrial, Rural Resource and Urban Reserve Proposed Designation: Heavy Industrial and Rural Resource Existing Zoning: Medium Industrial (IM), Rural (RU) and Future Development (FD) Proposed Zoning: Heavy Industrial (IH) and Pit and Quarry (PQ) Application Type: Municipal Plan Amendment, Rezoning and Variance Power of Committee: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, June 1, 2015. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. Applicant: Debly Resources Inc. I Location: 170 Ashburn Lake Road Page 11 SUMMARY The applicant is seeking to amend the Municipal Plan by adjusting the Primary Development Area (PDA) and rezone the subject site in order to expand the existing quarry to the northern part of the site. In addition, the applicant is seeking to rezone the southern portion of the site from the existing Medium Industrial (IM) to Heavy Industrial (IH) inside the PDA in order to facilitate the placement of a concrete plant in this area at some point in the future. There are two options laid out in this report for the Planning Advisory Committee and Council's consideration: 1. Staff Recommendation: The first portion of the staff recommendation relates to the operations of the existing quarry on the subject site. Staff recommend that the proposed Plan amendment and rezoning to Pit and Quarry (PQ) be approved, and include both the area in the northern part of the subject site that is currently vacant land, as well as the area in the southern part of the site where the existing quarry operation has been active for several years. The active quarry on the subject site has had a legal non - conforming status since the creation of the Pit and Quarry (PQ) zone in 2001. Rezoning this area to Pit and Quarry (PQ) is in keeping with staff recommendation for other existing pit and /or quarry sites when the opportunity arises to bring them into conformity with the standards of the Zoning By -law. The policies in the By -law reflect community standards and expectations that facilitate the proper regulatory environment for establishing high impact land uses, such as pits and quarries, in a controlled manner that helps mitigate any potentially negative impacts. An active quarry should be regulated by the standards established in the Pit and Quarry (PQ) zone to ensure that the site is operated in a responsible manner that meets community expectations. Rezoning the site to Pit and Quarry (PQ) in the areas proposed by staff would place the portions of the site that have encroached into adjacent zones into the appropriate zoning category addressing current compliance issues and ensuring the impacts of quarry operations are mitigated. The second portion of staff recommendation relates to the existing and proposed industrial uses onsite. Staff do not support the rezoning of the southern portion of the site to Heavy Industrial (IH), as proposed by the applicant (see "Map 2b" attached). The proposed rezoning is premature as no details for the proposed heavy industrial use have been submitted for review. Staff recommend that the location of a concrete plant in this area of the City be subject to future rezoning process when a detailed proposal comes forward to enable adequate analysis of the proposed plant, a site plan illustrating all site features, and a review of any other information in support of the proposed rezoning. This approach is consistent with the process to establish the existing asphalt plant in the Heavy Industrial (IH) zone on the subject site. A proposed concrete plant is a heavy industrial operation posing potentially negative community impacts given the site's proximity to an urbanised area. The rezoning process will ensure that any anticipated land use impacts can be evaluated and mitigated. Applicant: Debly Resources Inc. I Location: 170 Ashb rn Lake Road Page 12 Staff recommendation includes retaining the small portion of the site containing the Heavy Industrial (IH) zone that was established for the existing asphalt plant. This use was reviewed and approved with conditions in 2004 and remains in operation today. In addition, staff recommend that the area adjacent to the asphalt plant, which includes various operations that are more characteristic of medium industrial land uses, such as vehicle fueling station, repair shop, outdoor storage and offices, remain in the Medium Industrial (IM) zone. Maps 1a and 1b (attached) illustrate staffs recommendation for the Plan amendment and rezoning. 2. Alternate Recommendation: The second recommendation identified in this report is an "alternate" recommendation that reflects the applicant's request to rezone the southern part of the site from Medium Industrial (IM) to Heavy Industrial (IH) to facilitate the establishment of the above - mentioned concrete plant. Although staff do not recommend this rezoning request, several Section 39 conditions are proposed to facilitate more appropriate regulation of the site, should Council choose to approve the rezoning. This option would, however, permit the operational components of the quarry to remain non- conforming and not subject to the standards for regulation in the Pit and Quarry (PQ) zone. It would also establish Heavy Industrial (IH) zoning inside the PDA without a proposal, which is not in keeping with how a heavy industrial operation has typically been established in the past, as it diminishes the City's ability to evaluate and mitigate land use impacts of a heavy industrial use. RECOMMENDATION 1. That Common Council deny the proposed Municipal Plan Amendment and Rezoning as requested by the applicant. 2. That Common Council redesignate, on Schedule A of the Municipal Development Plan, a parcel of land with an area of approximately 61 hectares, located at 170 Ashburn Lake Road, also identified as PID Nos. 00298422, 00297333, 00298182 and a portion of PID No. 00305128, from Rural Resource Area (outside of the Primary Development Area), Urban Reserve and EmploymentArea (within the Primary Development Area) to Rural Resource Area (outside the Primary Development Area and Employment Area (within the Primary Development Area); 3. That Common Council redesignate, on Schedule B of the Municipal Development Plan, the same parcel of land, from Rural Resource (outside of the Primary Development Area), Urban Reserve and Heavy Industrial (within the Primary Development Area) to Rural Resource (outside of the Primary Development Area) and Heavy Industrial (within the Primary Development Area); 4. That Common Council rezone the same parcel of land from Future Development (FD), Rural (RU) and Medium Industrial (IM) to Pit and Quarry (PQ). 5. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 61 hectares, located at 170 Ashburn Applicant: Debly Resources Inc. I Location: 170 Ashbu0rn Lake Road Page 13 Lake Road, also identified as PID Nos. 00298422, 00297333, 00298182 and a portion of PID No. 00305128, shall be subject to the condition that the proposed stormwater pond be constructed, as generally illustrated on the applicant's Stormwater Plan, within one year of the rezoning of the subject site, to the satisfaction of the City's Chief Engineer or his designate. DECISION HISTORY In 1983 an application was made by Desourdy Construction & Stephen Paving (1982) Ltd. to amend the Municipal Plan and rezone the subject site from "RS-2" One and Two Family Suburban Residential to 1-2" Heavy Industrial. The purpose of the rezoning was to permit the re- establishment of a dormant quarry operation. The application included a proposed asphalt plant. At that time, the Community Planning Service recommended approval of the application (but for a reduced area); however, the Planning Advisory Committee recommended against the rezoning and it was subsequently denied by Council in February of 1984. A subsequent application was submitted in 1987 by Crestwood Holdings and Realty Ltd. to amend the Municipal Plan and rezone the same area to 1 -2" Heavy Industrial. Council approved the Plan amendment and rezoning for a reduced area consisting of approximately 60 acres, which included PIDs 00305128 and 00051706. In 1990, Crestwood made an application for rezoning of an additional 23 acres of land for a proposed expansion of the quarry area, which was also approved. The 1987 and 1990 rezonings were approved subject to a Section 39 agreement that, among other things, limit the use of the rezoned area to quarrying and concrete ready -mix operations. On March 8, 2004, Council approved a rezoning application to permanently establish the operations of an asphalt plant, stockpiling of aggregate and an industrial and quarry access road. Because an asphalt plant was not an identified use in any zone, "SZ -13" Special Zone 13 was created to accommodate this use. The rezoning was subject to the following Section 39 conditions: a) That the site shall not be developed except in accordance with a detailed site plan, to be prepared by the proponent and subject to the approval of the Development Officer, showing the location of all buildings, structures, equipment open storage areas and other site features, including the retention of the existing rock formation along the north and east sides of the site; b) Except for trucks providing asphalt for projects located on Rothesay Avenue, all loaded trucks must use Ashburn Lake Road and the Saint John Throughway for egress from the plant; Applicant: Debly Resources Inc. I Location: 170 Ash��rn Lake Road Page 14 c) That the proponent must obtain all necessary approvals from the N.B. Department of Environment and Local Government prior to commencement and such approvals must be maintained in good standing. ANALYSIS Site and Surrounding Area The subject site is located in East Saint John, between the Saint John Throughway and Rothesay Avenue, as illustrated on the attached location map. The area surrounding the subject site includes the Strescon operation located on the opposite side of Ashburn Lake Road and the Rothesay Avenue commercial corridor to the east. The undisturbed area of the site is largely forested with steep elevation, rising to over 60 metres at its peak. The boundary of the southern portion of the subject site is straddled by Marsh Creek, which is also located in the designated flood risk area. The operations of the existing quarry site include a stockpile area, machine repair shop, offices, rock crushing machinery, material storage areas, as well as other uses related to the operations of a quarry. The subject area abuts two residential properties, located in the Future Development (FD) zone. The properties front on Walsh Road, which is a predominantly private right -of -way that intersects with Rothesay Avenue. The closest of the two dwellings is approximately 170 metres from the eastern portion of the quarry operation where there is currently stockpiled materials on the site. The other residence is approximately 230 metres from the same area and is owned by the applicant. Proposal The applicant is seeking to expand the existing quarry operation on the subject site to include areas in the northern part of the property that are not currently zoned Pit and Quarry (PQ). The existing quarry is located in the Heavy Industrial land use designation and is zoned Medium Industrial (IM), which does not recognise a pit or a quarry as permitted uses. However, the existing quarry is recognised as a legal non - conforming use as the appropriate approvals to operate a pit and quarry were granted prior to the creation of the Pit and Quarry (PQ) zone. The applicant is also seeking to rezone PID 00305128 and a portion of PID 00298422 from Medium Industrial (IM) to Heavy Industrial (IH). The applicant has stated that there are a variety of land uses taking place in this area of the subject site, many of which are more compatible with the Heavy Industrial (IH) zone than the Pit and Quarry (PQ) zone. However, the only land use currently on the site that is exclusively identified in the Heavy Industrial (IH) zone is the existing asphalt plant, which was rezoned in 2004 to permit this use, and remains in the Heavy Industrial (IH) zone today. Applicant: Debly Resources Inc. I Location: 170 Ash�yn Lake Road Page 15 In addition, the applicant has stated that the establishment of a concrete plant on the subject site is a future possibility, and that this would not be permitted in the Pit and Quarry (PQ) zone, which would require the applicant to go through another rezoning process in the future. The properties subject to the current application are either vacant lands or parcels containing buildings and equipment related to the extraction, storage and processing of aggregate material. If approved, the proposed Plan amendment would include the relocation of the Primary Development Area (PDA) boundary, as illustrated on the attached "Sketch 4: Municipal Plan Amendment" map. The Municipal Plan restricts the establishment of a pit and /or quarry to areas in the Rural Resource land use designation on Schedule B of the City's Municipal Plan. Rural Resource is a land use designation located exclusively outside the PDA as the anticipated land uses in these areas involve resource extraction, and limited low density residential development, among other uses that do not require the extension of municipal services. These types of land uses often conflict with the more urban land uses that characterise the urban core. The applicant is seeking to relocate the PDA in order to place the proposed expanded area of the quarry operation outside the PDA in the Rural Resource land use designation. The applicant is also seeking a variance from the standards in the Zoning By -law, which require a minimum setback of 50 metres between a quarry operation and any other zone. Whereas the applicant is seeking to rezone the southern portion of the site Heavy Industrial (IH), if approved this area will abut the proposed Pit and Quarry (PQ) zone, resulting in the need to reduce the minimum setback to nil. Municipal Plan The City's Municipal Plan provides the policy context to evaluate proposals to amend the Plan as they are considered by staff and Common Council. These considerations are described in policy LU -4, which states that "Council shall not consider changing the designation of lands on the Future Land Use map (Schedule B) through a Municipal Plan amendment, unless the proposal: a. Is consistent with the general intent of the Municipal Plan and further advances the City Structure; b. Is necessary by virtue of a lack of supply of quality land already designated in the Municipal Plan to accommodate the development; c. Enhances the community and the quality of life offered to residents of the City; d. Efficiently uses available infrastructure; e. Does not negatively impact the use and enjoyment of adjacent lands and neighbourhoods; f. Is an appropriate use within the land use designation being sought for the property, and the proposal is consistent with the specific policies regulating development in the designation; and g. Adequately addresses and mitigates any significant environmental impacts." Applicant: Debly Resources Inc. I Location: 170 Ashb rn Lake Road Page 16 The merits of a proposed Plan amendment should be considered through the lens of these policies to help situate the proposal in the context of the goals established by the Municipal Plan. The application includes two separate amendments to the Municipal Plan. The first involves a proposal to adjust the boundary of the Primary Development Area, which currently divides the upper area of the site. The second is amending the Future Land Use designation of a portion of the site from Urban Reserve and Heavy Industrial to Rural Resource, and a portion of the site from Urban Reserve to Heavy Industrial. PDA Boundary adjustment and Rezoning The function of the Primary Development Area is to delineate the lands in the City that have water and wastewater services, or are intended to receive these services within the projected twenty -five year lifespan of the Municipal Plan. The vast majority of the existing or proposed operations occurring on the subject site relate to the extraction and processing of quarry materials. Some components of the proposed Plan amendments are more consistent with the intention of the Plan as it would effectively be moving the PDA to an area that is closer to the existing boundary for municipal water and wastewater services. The boundary currently runs through the middle of property with PID Number 00298422, and includes PID Number 00305128 within the designated serviced area The applicant is proposing to relocate the PDA to the area illustrated on Sketch 4 (attached), which effectively places approximately half of the subject site inside the PDA and half of the site outside the PDA. Staff do not anticipate municipal water or wastewater services being extended to any portion of the subject site during the course of the planning period as the area is not suitable in its current form for any type of development that would require municipal services. Staff can therefore support a boundary adjustment of the PDA. However, as discussed below, staff recommend that the PDA boundary be adjusted to place a much larger portion of the site in the Rural Resource land use designation to accommodate the existing quarry and its proposed future expansion. Amending the Future Land Use Designation The subject site currently has three separate land use designations: Urban Reserve, Rural Resource and Heavy Industrial (see "Map 4" attached). The applicant is proposing to re- designate approximately 34 hectares of these lands to Rural Resource in order to facilitate the expansion of the existing quarry operation, which will also require a rezoning to Pit and Quarry (PQ). The existing Heavy Industrial designation includes the lands subject to previous rezoning applications that allowed the operation of a quarry prior to the establishment of the "PQ" zone. However, under the policy framework of the new Municipal Plan, the operations of a pit or quarry cannot occur inside the PDA. In addition to the Heavy Industrial land use designation, the subject site also has a significant portion of land that is found in the Urban Reserve designation. The Plan identifies these lands as areas "not required to accommodate development demand over the planning period ". The Plan further states that "the intent of the Urban Reserve designation is to retain a supply of land that can be serviced with municipal water and Applicant: Debly Resources Inc. I Location: 170 Ash54urn Lake Road Page 17 wastewater services if required ". As stated above, the areas of the subject site containing this land use designation are unlikely to develop within the lifespan of the plan with land uses that require water or wastewater services. Further, a boundary adjustment of the PDA would effectively place the area currently containing the Urban Reserve land use designation outside the PDA. The Municipal Plan restricts the Urban Reserve designation to areas inside the PDA. If the PDA is adjusted, any areas outside the new location of the PDA with the Urban Reserve designation will have to be amended to Rural Resource. Discussion The applicant is seeking to rezone the majority of the area currently containing the Medium Industrial (IM) zone to Heavy Industrial (IH). The applicant is proposing that the existing quarry operations in this area also be rezoned to Heavy Industrial (IH), and retain their existing `legal non - conforming' status. However, these uses all relate to the operation of the quarry, and should therefore be appropriately regulated by being zoned Pit and Quarry (PQ). In discussions with the applicant, staff have agreed to retain the activities of the site that are not part of the quarry operation in the Medium Industrial (1M) zone. However, the remainder of the active area of the subject site, including the stockpile areas, crusher and washer locations, and the active face of the quarry, should all be placed in the Pit and Quarry (PQ) zone. The applicant has indicated that many of the operations in the southern portion of the site are better suited to heavy industrial zoning, which includes the maintenance of vehicles, storage areas and a fueling station, among other uses (see Map 8: "Land Use Identification "). The applicant has also stated that they would like to pursue the option of locating a concrete plant onsite in the future. However, the policy direction offered by the Municipal Plan states that consideration for a rezoning to Heavy Industrial (IH) shall consider "appropriate studies ... conducted by the applicant to satisfy Council that the proposed lands are located an appropriate distance away from incompatible land uses or it is demonstrated that appropriate mitigative measures can be implemented to address any community and /or environmental impacts associated with the development ". Staff do not recommend rezoning a portion of the subject property to Heavy Industrial (IH) without the ability to analyze relevant plans, including the type of concrete plant, the scale of the operation, and the exact location of the proposed plant. These details are critical to help staff provide Council with the information needed to assess any potential impacts of a proposed development and safeguard the community's best interest. The subject site is adjacent to a Commercial Corridor and is highly visible from the Saint John Throughway. The sensitivities of the site location must be considered when contemplating any heavy industrial use, including a concrete plant. Absent any specific details outlining the plans to locate a concrete plant on the subject site, staff recommend that the proposed rezoning from Medium Industrial (IM) to Heavy Industrial (IH) be denied. Staff recommend that the applicant apply to have the appropriate area of the subject site rezoned to Heavy Industrial (IH) if and when further plans to locate a concrete plant on the subject site have been finalised. This approach is consistent with best management practices for heavy industrial land uses, and consistent with the established process for the existing asphalt plant when it was Applicant: Debly Resources Inc. I Location: 170 Ash��rn Lake Road Page 18 proposed to be located onsite in 2004. A cautious and deliberate process is recommended, given the urban location of the quarry. A small section in the south - western corner of the subject site includes uses that range from business offices, vehicle maintenance and repair shops, fueling stations, etc. Staff recommend that this area remain inside the PDA as the uses are medium industrial in nature. As such, staff recommend that the proposed boundary of the PDA be adjusted to include within the PDA the proposed Medium Industrial (IM) area as well as the small portion of the site that was rezoned to Heavy Industrial in 2004 to allow the establishment of an asphalt plant (see Map 1b: "Rezoning: Staff Recommendation "), placing the remainder of the site in the Rural Resource land use designation. Encroachments It should be noted that there have been compliance issues in three separate areas of the subject site where the quarry operation has encroached in unpermitted areas, which is reflected in comments from Bylaw Enforcement: The applicant has extended excavation onto areas of the property not zoned for the activity. Aerial photos show that this started sometime between 2006 and 2008. They were formally notified in February 2013. In May 2014, they were notified again that the active excavation area has extended into the adjacent zone, and asked that it be rehabilitated and that the top of the rehabilitated slope be not less than 15 metres from the zoning boundary. The applicant has been placing stockpiles of material from the quarry in the flood risk area (see attached Map 10: "Encroachment and Flood Risk Area ") without obtaining a Flood Risk Area Development permit. The applicant was notified of this violation in April 2011 and February 2013. As stated in the Background section, a portion of the subject site was rezoned to "I -2" Heavy Industrial under the previous Zoning Bylaw, which predated the existence of the Pit and Quarry (PQ) zone. At that time, a pit and /or quarry were permitted in the 1-2" zone, and were regulated under section 880 of the Bylaw. However, all areas outside the previous 1-2" boundary on the subject site were located in a residential zone and were never granted permission to operate a quarry. The proposed rezoning of this portion of the subject site to Pit and Quarry (PQ) would effectively address the existing zoning encroachment, and allow the applicant to operate in this area of the site. By -law Enforcement has indicated that any stockpiling within the Flood Risk Area must comply with the Flood Risk Area By -law. The applicant must consult with By -law Enforcement to ensure that sufficient compensatory storage is provided, or that the stockpiling is removed from the Flood Risk area. It should be noted that the applicant has stated that he is intending on constructing a stormwater pond in the south - eastern area of the site (see Sketch 10). Preliminary Applicant: Debly Resources Inc. I Location: 170 Ash �urn Lake Road Page 19 feedback from engineering staff suggests that a stormwater pond in this location could function well to enhance stormwater management for the area. However, final designs and approval would have to satisfy the standards set out in the Flood Risk Area By -law. Conclusion The applicant is seeking to amend the Municipal Plan and rezone the subject site in order to facilitate the expansion of the existing quarry, and zone the southern portion of the property to Heavy Industrial (IH) to facilitate the establishment of a concrete plant at some point in the future. This report contains two recommendations. First, staff recommend that the proposed Plan amendment and rezoning to Pit and Quarry (PQ) be approved, and include both the area in the northern part of the subject site that is currently vacant land, as well as the area in the southern part of the site where the existing quarry operation has been active for several years. Although the location is inside the PDA (urban area) adjacent to the Saint John Throughway and a busy Commercial Corridor, the subject site has been an active quarry for several decades. In addition to the vacant lands in the northern part of the site, Staff recommend that the proposed Pit and Quarry (PQ) zone be extended to all the areas of the subject site where the quarry operation is currently active (see "Map 1b" attached). This would effectively bring the existing quarry into conformance with the Zoning By -law, and allow the subject site to be regulated by a zone that was specifically created to mitigate ongoing enforcement issues as well as any potential negative impacts that may result from the operations of a pit and /or quarry site. Staff recommendation includes retaining the existing Heavy Industrial (IH) zone in the southern part of the site, which was rezoned in 2004 to facilitate the establishment of the asphalt plant. In addition, staff recommend that the area adjacent to the asphalt plant, which includes a variety of uses that are more characteristic of a "medium industrial" operation, be remain in the existing Medium Industrial (IM) zone. As stated in this report, staff do not recommend rezoning any further areas of the site to Heavy Industrial (IH) to facilitate the establishment of a concrete plant at this point. Staff do not have sufficient information regarding the proposed plant to recommend approval for the requested rezoning. Should the applicant wish to establish a concrete plant in the future on the site, they can apply for a rezoning application and go through a public review process, as any proposed industrial use would be required to do, and as the existing asphalt plant was required to do when it was established in 2004. The second "alternate" recommendation in this report includes the proposal to rezone the southern portion of the site to Heavy Industrial (IH) in order to facilitate the establishment of a concrete plant at some point in the future. Although staff do not recommend this alternative as it would allow a heavy industrial use to be established beside a Commercial Corridor without proper review of the proposal, staff have included several proposed Section 39 conditions as a part of the alternate recommendation, should Council choose to approve the proposed rezoning. Applicant: Debly Resources Inc. I Location: 170 As4 rn Lake Road Page 1 10 ALTERNATIVES AND OTHER CONSIDERATIONS The Committee may wish to recommend approval for the applicant's proposal to rezone the southern portion of the site to Heavy Industrial (IH) in order to facilitate the establishment of a concrete plant (see attached Sketch 2: "Proposed Re- Zoning "). The Committee may also wish to recommend additional conditions, pursuant to Section 39 of the Community Planning Act: 1. That the rezoning of the subject site to Heavy Industrial (IH) be limited to the following uses: a. A concrete plant b. Asphalt plant c. Medium industrial use d. General contractor service e. Scrap or salvage yard f. Service and repair, industrial g. The existing non - conforming quarry operation, subject to the requirements of Section 12.4 of the Zoning By -law. 2. That prior to establishing a concrete plant or asphalt plant on the subject site, the applicant must submit a site plan illustrating the location of the proposed plant, the placement of all site equipment, landscaping, storage and buildings, subject to the Development Officer prior to the issuance of a building permit. 3. All required site improvements on the approved site plan shall be completed within one year of the approval of the building permit for the use. 4. That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 61 hectares, located at 170 Ashburn Lake Road, also identified as PID Nos. 00298422, 00297333, 00298182 and a portion of PID No. 00305128, shall be subject to the condition that the proposed stormwater pond be constructed, as generally illustrated on the applicant's Stormwater Plan, within one year of the rezoning of the subject site, to the satisfaction of the City's Chief Engineer or his designate. And that the Planning Advisory Committee approve a variance to reduce the required minimum setback between an active quarry and the proposed Medium Industrial (IM) zone and the existing Heavy Industrial (IH) zone to nil, whereas the Zoning Bylaw requires a minimum of 50 metres. ENGAGEMENT Public - In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject site on May 6, 2015. The Public Hearing for the Municipal Plan Amendment and Rezoning was advertised in the Telegraph journal on Thursday May 7, 2015 and an additional advertisement will appear on Thursday May 28, 2015. Applicant: Debly Resources Inc. I Location: 170 Ash�urn Lake Road Page 111 SIGNATURES AND CONTACT Prepared by: J r, IP, RPP Planner Contact: Jody Kliffer Tel: (506)632 -6846 Fax: (506)658 -2837 E -mail: jody.kliffer @saintjohn.ca Project: 15 -029 Approved by: Stacey For , MCIP, RPP Deputy C mmissioner, Community Planning and Enrichment Applicant: Debly Resources Inc. I Location: 170 Ash��rn Lake Road Page 112 APPENDIX Site Mapping Map 1a: Staff Recommendation - Future Land Use Map 1b: Staff Recommendation - Rezoning Map 2a: Applicant's Proposal - Future Land Use Map 2b: Applicant's Proposal - Rezoning Map 3: Site Location Map 4: Future Land Use Map 5: Zoning Map 6: Aerial Photography Map 7: Topography Map 8: Land Use Identification Map 9: Encroachments and Flood Risk Area Site Photography Applicant's Submissions: Sketch 1: Pre - ZoneSJ Zoning Sketch 1a: ZoneSJ Zoning Sketch 2: Proposed Rezoning Sketch 3: Existing Land Use Plan Sketch 4: Municipal Plan Amendment Sketch 5: Existing Site Plan Sketch 6: Buffers and Setbacks Sketch 7: Cut Grades Sketch 8: Grading Plan Sketch 9: Site Sections Sketch 10: Stormwater Plan Sketch 11: Rehabilitation Sketch 12: Long Range Development Site Plan Applicant: Debly Resources Inc. I Location: 170 AshGbOurn Lake Road Page 113 Site Mapping Applicant: Debly Resources Inc. I Location: 170 Ashburn Lake Road 61 / ,, Proposed PDA Boundary Rural Resource Heavy Industrial Urban Reserve 41, . 11 A& - , - . 41 41- Cb Map "a - s=uture Land Use: Staff Recommendation Debly Resources Inc. - 170 Ashburn Lake Road 62 100 The City of Saint John - Date: May-14-15 0 L , M w Proposed PDA Boundary Pit and Quarry (PQ) Heavy Industrial (IH) Medium Industrial (IM) W 4 rte" Eta; 1.1b - Rezoning: Staff Recommendation � Debly Resources Inc. - 170 Ashburn Lake Road The City of Saint John - Date: May -14 -15 0 63 loom sj Proposed PDA Boundary Rural Resource Heavy Industrial' a. 1 1 4 • _ t 6 F'l Yom` A C s IF ? �� -, Map 2a - s=uture Lana Use: Alternate Recommendation Cib a Debly Resources Inc. -170 Ashburn Lake Road 64 oom The City of Saint John - Date: May -14 -15 0 ,1 me$ Map 2b - Rezoning: Alternate Recommendation . Debly Resources Inc. -170 Ashburn Lake Road 65 The City of Saint John - Date: May -14 -15 0 am eD O 0 CD iA � ■ :3 r-ok t; CD �r c) a o =r Cl) C� r ...�. X O 2) CL CD o ❑ (D p v iU � h �C- O > 0 3 0 n 0 x� 0 CL y0� �y -b P3 Q /ny � � Z �O 04 � Sd N �01a N °s •- M NI�Id FORDAV 0 D q 1 X S/tw so/v DR CC F� �O z ° a E(D (D 0 0 c 0 (D CA mn F a o rEP. Nr cr =r m nO (D CL CD ova CD Z 0 h C/) C- cy, LrI 0 O 9 CL 67 � C: CO) z Zt 9 ® n n n a -go mw v ,n Z 0 C, �7 r O n T m o 0 m Z 0 „ Q v :3 m l m 0 0 v = o 0 3 0 0 3 m 3 0 3 -t 1 3 ° m °o_ m 0 m R� � n n Z3 (0) 1 r �' m 3 m 3 O c n N � A C: _ = 0 v C 2 T < c i a m Z N 0 at N `m ° X ai 3 CD CD_ 0 c r ry Q 0 -� O � o m — ;u c C F 3 M (D N_ � 7 7 3 v N v (D �l n CD ,< �0 �Cl) — Cn _ L Cn cn O 7 3 W 3 D cfl 0 0 4 Q 0t 3 N G O� y z° m 0 A .. HWy loo GO � aco OG co 0 U _ A ._ < z `�2 Z --1�� Xg t- 7E1 ro 68 4 01, m Ai 0 too a M <• . l K ' H 100. ROiH rt!� m ✓ ! . , i., LSgy a CD Cl) mew m b MP, W04 K sCl t4 fACD cr 0 CD Cl) Al- 40 -�� = (DO � - - CD r CL - . _ _ - - Jam. • rf y } ..4i.. '�LSNS s { O rM Y (D / ♦ ~ CD tip cf) ca co tf.„ o C37 O %1 V„ �+ d r D es -e sv cD 70 a �G rMIL iCl m i N (Da �rMIL F P(a N S3" C i flt Ca 4 t11 Q `D 0 rb- fD 0 co ra v C- 0 C11� V 0 1 0 CDW z 0 EnEn CD0 0 0 CJ1 CD CD 0 a fb K 01 't 0 0 N MIS I" 71 b 0 0 CD N ti 0 El CD rD CL a 0 0 0 0✓ 0 0 N a 0 O A x A Sketches Submitted by Applicant Applicant: Debly Resources Inc. I Location: 170 Ashburn Lake Road 72 73 74 L�C z as s w m �a a` v_ ° FL Y . �gg190 �.: AD P�OOZ YB?• \ ..._ -� _+ ro> m IL �\ o ' \�- A, PIDS 202774 PID 00298141 , Mcaw57ER ORnIE / ° a s� rZ. a i i a a + I Z o N J F. U v � J (I W 40 = � } O" W N W Z W Z e f � O�° N w z O 2 ti O U N N IL M Q p C _Z oz j p 1 f � O = Z O N Of _ > F U W O t = 7::i Z K 75 /� ± § a- Alm ƒ ® ¥ ± z 2 tio «| k » | N K 2� ?/ �� / y z \ § SOD ; ac in § � § q |' ! ^ � �z�x � . . / . 2§ \ | § § !« � A�� « { )k � � � t ■ / © / 7j § \ � � � § i \ a � { 2 , - - - -- � 90 o . j■ m�� ` ( \ ` [ , I, !| � _« _mom 00 ) � \ % 2 x % : % ! \t m k � 4 ■ / k)§tk$§ w k { 4k. CL � � © - w 0Ir § § IL� 76 II ,` a� I a �. :gam I ri p1p 0�g8�90 0 �m r oW 1 a r � r r' 13 s I I I I f � ,w � h I i1 �j L aw y I 1 zOz`�i� ?so mv IL in m, >- I O — O r r 1� O O a a 77 M u'i; v a w so PID 00298141 a a 0 A a a a � I ,`,,: r� k Ott 0- �o �g MGLLISTER DRME wa o,%A rc m O j j y Q 0 K$ Z Z Ir M EL Q ac 0: w W [.7 K �I;¢00000 w 79 :1 L.*l = Zm Y C 1 0o f -y` J Z O U)CO U U w U, 0 V) m o a w C Z w W �� g 3 Z N z W W 9 y 1 Q] E 4 Q ty- Z Y{ m c7� a o 0 N O g� °o S I /r I � � I � I I I I I I I w I I = I I I I I O 0 1S3N -H1LON 1N3WNOfiV NOLLO3S lop Wo�N l d 0 o 0 � I 1 i o ti o w S � 1 V r s ) It —]Jr, S C� �1 C ti i d 0 I 1 i o � w l V l ) —]Jr, S L 0 1 \ / o \ z I w� N tJ t ( t + rt + 4 1 1 c 1 4 �I 1 t 1 � 1 / 1 / 1 / 1 i • v MCALLISTER DRRE m @i O 4 V� m Zx U C + + Li EM n ED H Zz m 0= U m o Q � O a w I Z O F 0 a J z J C �i� wo m w o a z Q¢° 0 D- 0 C Z m S o a w O D r Y Z W (D F Ix N a S Z Z En c $ o0 z 0 Q m Y n Nz Of m C r m I W uj E m = w m Z P m V) N 0 O w a o 3 ti rc > u � ti 0 N O� G \ on \ o �mo � o W 2 _ F m \ O n 2 N Z 1 n iJ ^ m N V N I I O.- Ori I 1 I 1� o_ sl I oN s� MCgLLISTER DRIVE O� s N = 2 O� x° w N N = O c� J / 17 °4 Q w� Q to O O�[ m F U Db083", Na08HSb & p li 0 I Li BY -LAW NUMBER C.P.106- A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 70 hectares, located at 170 Ashburn Lake Road, also identified as being PID Nos. 00305128, 00298422, 00297333 and 00298182, from Rural Resource Area (outside of the Primary Development Area) and Employment Area and Urban Reserve (within the Primary Development Area) to Rural Resource Area (outside of the Primary Development Area) and Employment Area (within the Primary Development Area) classification; 2 Amending Schedule B — Future Land Use, by redesignating the same parcel of land from Rural Resource (outside of the Primary Development Area) and Heavy Industrial and Urban Reserve (within the Primary Development Area) to Rural Resource (outside of the Primary Development Area) and Heavy Industrial (within the Primary Development Area) classification - all as shown on the plans 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. 2015 and signed by: ARRETE No C.P. 106 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a ddicte cc qui suit: L'arrete concernant le plan municipal de The City of Saint John decr&d le 30 janvier 2012 est modifie par: 1 la modification de 1'annexe A — Structure de la municipalite, afin de faire passer la designation dune parcelle de terrain dune superficie d'environ 70 hectares, situee au 170, chemin Ashburn Lake, et portant les NID 00305128, 00298422, 00297333 et 00298182, de secteur de ressources rurales (hors du principal secteur de developpement) et secteur d'emploi et secteur de reserve urbaine (daps le principal secteur de developpement) a secteur de ressources rurales (hors du principal secteur de developpement) et secteur d'emploi (dans le principal secteur de developpement) ; 2 la modification de Pannexe B — Utilisation future des sols, aim de faire passer la designation de la parcelle de terrain precitee de secteur de ressources rurales (hors du principal secteur de developpement) et secteur d'industries Lourdes et secteur de reserve urbaine (dans le principal secteur de developpement) a secteur de ressources rurales (hors du principal secteur de developpement) et secteur d'industries Lourdes (dans le principal secteur de developpement) ; - toutes les modifications sont indiquees sur les plans ci joints et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2015, avec les signatures suivantes : 0 Mayor Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisi6me lecture BY -LAW NUMBER C.P.111- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, 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 70 hectares, located at 170 Ashburn Lake Road, also identified as PID numbers 00305128, 00298422, 00297333 and 00298182, from Rural (RU), Future Development (FD), Medium Industrial (IM) and Heavy Industrial (III) to Pit and Quarry (PQ) and Heavy Industrial (IH) 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. 2015 and signed by: Mayor/Maire ARRETE No C.P.111- ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lars dune rdunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete de zonage de The City of Saint John, decrdtd le quinze (15) decembre 2014, est modifie par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 70 hectares, situee au 170, chemin Ashburn Lake, et portant les NID 00305128, 00298422, 00297333 et 00298182, de zone rurale (RU), zone d'amenagement futur (FD), zone d'industrie moyenne (IM) et zone d'industrie lourde (M) a zone de carrieres et de gravieres (PQ) et zone d'industrie lourde (IH) - toutes les modifications sont indiqudes 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 2015, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading Deuxieme lecture Third Reading Troisieme lecture IL Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 17.50 in. Sales Rep: Doug Thomson PROPOSED MUNICIPAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT IM 170 ASHBLXtN LAKE ROAD Public Notice is hereby glwn that the Common Council of The City of Saint john Intends . consider amending the rlunid l Development Plan and the Gny of 5aint john Zoning Ey-law at Its regular meetinrl to be held in the Council Chamberaa Mandy, June 1, 2015 at 6:30 it by: I, Redesignating, on ScheduleA of the Munidpal Development plan, a parcel of land with an area a! approximately 70 hectares, located at 170 Ashburn Lake Rcad, also identified as PIO No.- 00305129,0029542Z 00297333 and 00298182, as illustrated below, from Reef arsowitr Aura (outride of Uo. Prins -7 Deaelepmeeft Arm), Whom Reserve and u o) w mamsWArco IPurof Reremrr Arm (mislde of the Arital Derdepmmt Arne) and Employment Ana (wWsln the srtarary Derakpmaat Arep); 2. I signaling, on Schedale 8 al the Munidpal Development Plan, the same parcel of land, from Ream Resource (oust of the Pohnary oerefoyramt A—X UsOan R.twe and Heavy Arm ArdosOls)(tvlth ) A —1g Dmlapmed ) to Rmd R.ovroe (argaMr of thr Primary Deo lapmmt Area) and Heavy OrMnfra t (within the Felmary Dradopment Arm); 3. Rezoning the same parcel of land, from R—I (RU), Poll Development (IND), Medium IndusM.1 (IM) and Meal in -11=01 l to Pit and Quarry (Il and Heavy Industrid (IN). REASON FOR CHANGE: To permit the expansion of an existing quarry, and to permit future dcvelopmem of a portion of the parcel d land for heavy industrial uses. The proposed amendments mo• be inspected by an-- Interested person at the office of the Common Clerk, or In the c0ice of Growth and Community r` Development Services, City Hall i5 Market Square, !aint John' N .B. between the hours of 8:30 a.m, and ' 4:30 p.m., Mond, ihmugh Friday, Indusil holil excepted. Written objections to the amendments ma; besent to the undersigned at City Hall. It you require French services for a Common Council meeting, please car atacr the ail of the Common Clerk. Jonathan Ta•ior, Common Clerk 658 -2862 PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE E'ARYAlt DE ZONAGE OI t 170, CHEMIN ASHBURN LAKE Par Its pMsemes, on a 6 public est donne pm lequel le conseil munal de The GC• of Sant John indique son Intention de Inodil k plan d'amenageimnl nicipal at ParrAhs de mnage de The City d Saint John, lors de h r5union ordinaire qul se 9endra dans la wile du mrcell le low& 1 join 2015 A 1s In 30, an apporlant les rnodlOcalions suin des I. Modifier la ddsignatlon, A I'annexe A du damrinage rent municipal, dune p.—Ile de terrain dune supe-lide demiron 70 hectares, sil au 170, chemin Ashburn Lore, Lt pedant es NID 00305128, 00298422,00297333 at 00298182, comma iI est Indiqud Mil .tin de la faire parser de -ct— do naamrra navly (tors do prtucfpol suture• do dEvNappexrenrb rtseene arddnr d serxeas d'mvpbl (dons Ar yrlrx}d sadmrdo ddrrkppmnal I arctmr do reuowsrs taruai. (ha. du pr0ulpa) sneerer do drakppinrrmt) d a.reor d4mP+o1(dam k pdadool arrt.rr do dtrNappea l 2, i 1-oll b deslgnatioru A I'annese 8 du plan d'amenagamant municlpp 4 de la pnrcelle de terrain prfdt&, ahn de M faire prim de .act— de rermauz. raasi. @ors do plefadpd sestrur do d[rekppeosyrty siaesve srLaAre at sccteser d'hadmDNes hard. (dam J. pahwipat seateur do dl-e —s jell A rastsw do rrnourc. rarnhs (hen do prNdpel seateur do tut) at resteur dlia"Arfirs kardos (dam fe pdndpd sact— de tlfreloppenowt); 3. f iodifier le mnage de la parodle de terrain prii it .fin de la faire passer do zone ante (RU), zone d'amFOageavent futur (Ill mine Winduwie meyemre et mne d'Indastde lmrde (IN) A "no de carriii it et de gravel (PQ) at mne d'industrle noodle (IN). RAISON DE LA MODIFICATION Permettre 1'expanslon dune graviere�xistante, t de pe etrre Camenagement futur dune pard de la parcel le de terrain pour all utlllsations fndumn.11es Iourdes. Tool personae intill peat examiner les prokts de nsoddcation au bureau du grether c 3mmunal ou au bureau du service the la cmissanas at on developpement communaufiare A I'h6hl de villa au 15, Market Square, Saint John, N: 8., entre 8 h 30 at 16 h 30 du lundl an veraci ,soul les jours Ndes. WWII -talre part dews objections aux projets d- 411fication pr: posEs par &M A I'attention do soussigne A I'hBcel de vine. 51 vase avez besoin des servioes an fran"is pour une rEunlon de Conseil Communal, veuillea contacter le bureau du gref ier communal. Jonathan Taylor, grethe— mnwnal 658 -2862 Ad Number: 7714405R Ad ID: 7043275 Ad Legacy: 7714405 Current Date: Apr 29 2015 01:43PM Start Date: 5/7/2015 End Date: 5/28/2015 Color: CMY Client Approval OK ❑ • B Corrections ❑ Brenton • Kean DELIVERED BY HAND May 27, 2015 City of Saint John Office of the Common Clerk 15 Market Square Saint John, NB Attn: Jonathon Taylor Dear Mr. Taylor, WILLIAM C. KEAN Direct Dial: (506) 646 -7505 Direct Fax: (506) 693 -1166 E -Mail: wck(abrentonkeanxom MAY 2 l 2015 RE: Objection to the Proposed Municipal Plan Amendment and re- zoning for 170 Ashburn Lake Road, Saint John, NB The undersigned are solicitors representing the Citizens against Urban Quarries (the "CAUQ "). The CAUQ hereby formally objects to the proposed amendment to the municipal plan and rezoning of 170 Ashburn Lake Road, Saint John, NB. The application for amendment has being made by Brunswick Engineering & Consulting Inc., on behalf of Debly Resources Inc. (the "Applicant ") to amend the Plan SJ Municipal Plan (the "Municipal Plan ") for a portion of the above noted property from Rural Resource (outside the Primary Development Area) and Urban Reserve (within the Primary Development Area) to Rural Resource (outside of the Primary Development Area). The Applicant is seeking to expand the existing quarry operation of the subject site to include areas of the northern part of the site that are currently zoned as Rural and Future Development. In addition to the proposed amendment to the Municipal Plan the Applicant is seeking to re-zone PIDs 00297333, 00298182, a portion of PID 00298422 from Future Development, Medium Industrial and Rural to Pit and Quarry. The Applicant is also seeking to re -zone PID 00305128, and a portion of 00298422 from Medium Industrial to Heavy Industrial. There are four other properties (PIDs 00051706, 00298455, 55202774 and 00298307) which are adjacent to the properties in question and are owned by the Applicant for which a re- designation is not being requested. Notably, the application does not apply to PID 00051706 which is the access road to the current quarry located. on PID 00305128 (the "Quarry Property "). Business Address: 75 Prince William Street, 4eh floor, Saint John, N.B. Canada E2L 2B2 Mailing Address: P.O. Box 6907 Saint John N.B. Canada E21. 4S3 Telephone: (506) 633 -2556 Facsimile: (506) 633 -5902 •N Brenton ' Kean Page 2 I P. VVfERS E.VCC!.TS Furthermore, the Applicant requires a variance of the zoning by -law to reduce the required minimum setback from a quarry site to nil, whereas the zoning by -law currently requires a minimum setback of 50 metres. The Applicant has filed an application with the City of Saint John (the "City ") for the above noted amendments (collectively the "Application ") which was presented to the planning advisory committee (the "Committee ") of the Common Council of the City on Wednesday, May 20, 2015 in the Council Chamber, Lobby Level, City Hall and the Committee's report is to be presented at the regular meeting of Common Council for the City on Monday June 1, 2015 in the Council Chamber, Lobby Level, City Hall. 1. Municipal Plan (i) Current Application of the Municipal Plan In 2012 the City adopted the Municipal Plan for the current and future development of the City. The purpose of the plan is: "The Municipal Plan presents a new direction £or development and investment in the City, and is based on the aspirations of Saint Johners to grow the City in a more compact and sustainable manner. It is rooted in the City's many assets, placing a stronger emphasis on quality of life and the development of a more urban City in the future... " The Municipal Plan is intended to focus growth and development in the City to guide, inter alia: land use decisions, zoning by -law updates, environmental stewardship, strategic planning of city programs and detailed neighbourhood planning. The Municipal Plan acknowledges that the current state of the development of the City is disjointed, leading to properties being underserviced and a large number of properties with incompatible uses lying adjacent to one another. The Municipal Plan is in large part designed to avoid incremental changes to zoning like that proposed in the Application and to stop the type of spot zoning which has led to the current disjointed zoning throughout the City. Section 27 of the Community Planning Act, RSNB 1973, c C -12 (the "Act "), strongly supports the supremacy of the Municipal Plan and is a clear legislative directive that developments and undertakings which aim at defeating the purposes of a Municipal Plan should be avoided. Indeed, section 27.1 of the Act unambiguously confirms even if Council ratified by -laws which direct conflicted with the Municipal Plan, the Municipal Plan prevails. The Application contemplates the incremental creep of zoning from one small parcel into a much larger parcel. In the past, this type of incremental zoning has been permitted in Saint John. The Municipal Plan directs that this approach to zoning must stop. The Municipal Plan is designed to 91 Brenton • Kean Page 3 ." `Al Y 7. R 5 AY0 A I S stop developments such as that proposed by the Applicant in an effort to promote : consistent approach to land use planning. One of the clear policy statements in the Municipal Plan is contained in Policy LU -4 (Municipal Plan, page 51). Policy LU -4 directs that amendments to the Municipal Plan only where certain key conditions are met. The Application is lacking many of these key criteria. Of particular relevance to this Application is the directive that an amendment to the Municipal Plan should only occur where it "is necessary by virtue of a lack of supply of quality land already designated in the Municipal Plan to accommodate the development". The Municipal Plan clearly identifies that pits and quarries can only be developed in areas designated as Rural Resource on the Future Land Use Map. All Rural Resource land lies outside of the Primary Development Area (the "PDA "), whereas the bulk of the properties subject to this Application are located within the PDA. There is a very large amount of land which lies outside of the PDA which is already designated as Rural Resource that could be developed as a quarry without requiring an amendment to the Municipal Plan. Under the framework of the Municipal Plan, the operation of a pit and quarry cannot occur within the PDA. Although the location in question is inside the PDA and has been an active quarry for several decades, Council either knew or ought to have known that the land was used for such purpose at the time the new Municipal Plan was developed. Yet, Council included the subject properties in the PDA. Council should maintain the integrity of the Municipal Plan, which was only recently implemented. An amendment of this nature so soon after implementation sets a precedent which directly undermines both the intention and legitimacy of the Municipal Plan. Furthermore, the rezoning requested in the Application fails to meet the requirements as stated in Policy LU -96 (Municipal Plan, page 96). In the alternative, the Applicant has failed to provide enough information which confirms that the Applicant shall satisfy the requirements stated therein. The Future Land Use map identifies that the Quarry Property is intended to be a mix of Heavy Industrial and Urban Reserve. The Undeveloped Properties are likewise designated as a mix of Urban Reserve and Heavy Industrial, with a small portion of PID 0029733 (located the farthest distance away from the current quarry operation) identified as Rural Resource. The Applicant has requested that the current future use of the property be entirely changes to Rural Resource. As noted, the portion of the subject properties which is designated under the Municipal Plan as Rural Resource is not the portion of land currently being mined and is the only portion of the subject properties that lies outside of the PDA. The Municipal Plan designates some portion of the subject properties (primarily the current Quarry Property) as appropriate for future Heavy Industrial. This is consistent with the current use of properties located on Ashburn Lake Road near the throughway. It is notable that, 92 Brenton • Kean Page 4 1. AIV .: R S t.VU AT notwithstanding the existence of the current quarry, the Municipal Plan does not designate that land as Rural Resource. In addition, a large portion of the land is reserved in the Municipal Plan for Urban Reserve. Urban Reserve land is specifically set aside for future development beyond the temporal scope of the Municipal Plan (i.e. more than 25 years in the future). That the Municipal Plan labels a significant portion of the subject properties as Urban Reserve demonstrates a clear intention to prevent the expansion of the Applicant's quarry operation. Policy LU -92 of the Municipal Plan outlines this point: "Council shall: Strongly discourage development in the Urban Reserve designation and only permit limited low density residential uses, resource uses excluding extraction activities such as pits and quarries, and other appropriate uses which no not impede future urban development. The Zoning bylaw shall establish the necessary controls for the development of land within this designation. " The fact that a large portion of the property is labeled Urban Reserve indicates that the intention of the Municipal Plan was to provide a buffer around the existing mine and to preserve a large portion of the land for possibly future commercial development consistent with the remainder of the Rothesay Avenue Corridor. The Municipal Plan clearly does not contemplate the strip mining of approximately 60 hectares of property at that location. The Applicant's proposed change to the Municipal Plan is also inconsistent with the ongoing development of infrastructure for transportation. The Ashburn Lake Road entrance /exit from Route One was designed to support the expansion of the McAllister Drive retail area (identified by the Municipal Plan as a significant priority for consumer /retail development). The federal and provincial governments have made a significant financial investment to create the One Mile House interchange for the purpose, in part, of diverting heavy truck traffic out of the Rothesay Avenue corridor and away from the McAllister Drive retail area. The Municipal Plan envisages the realignment of the Ashburn Lake Road and Retail Drive (Policy TM -33) for the purposes of increasing the flow of traffic for retail purposes throughout the Regional Retail Centre. The increased trucking along Ashburn Lake Road that will accompany a large -scale expansion of the quarry will be inconsistent with the primary use of that interchange for consumer and retail users. Any possible increase in large truck traffic on the subject road would have negative consequences on the flow of retail /consumer traffic and possibly interfere with the priority development of the Primary Retail Centre. The development which has occurred in the Rothesay Avenue 1 Ashburn Lake Road area over the last 10 -15 years has been predominantly consumer driven. This is recognized at page 42 of the Municipal Plan which states: 93 Brenton • Kean Page 5 AWYERS AVOCATS Rothesay Avenue/City Road have historically served as a service corridor for industrial uses requiring access to the Saint John Throughway or rail lines. As the nature of industry has changed in the City, many of the former industrial uses have transitioned or relocated to the City's Industrial Parks. The Municipal Plan supports the continued transition of this area into a higher quality automobile oriented Commercial Corridor for development that benefits from locations near the Saint John Throughway... " The presence of a strip mining of approximately 60 hectares is inconsistent with (and incompatible with) the retail/consumer development of the area. There is a potential that large scale expansion of the quarry could depress the market value of adjacent properties (who wants to eat at a restaurant that overlooks a strip mine). A considerable amount of time and financial resources have been expended by a large number of businesses to develop, upgrade and improve the Rothesay Avenue area for consumer driven businesses. The Municipal Plan clearly recognizes that quarrying operations conflict with those types of investments. The Application, which is contrary to the Municipal Plan, and contrary to the interests of the retailers and consumers who are properly the focus of the development plans in that area. The Municipal Plan provides for a transition away from the current use of the Quarry Property, not the expansion of the non - conforming operation to approximately 60 hectare strip mine. The intension of the Municipal Plan (s. 12.3.1, page 244) is for existing land which currently supports non - conforming uses, to be transitioned to uses compatible with surrounding properties and infrastructure over the life of the plan. In part, this is intended to avoid the random development of a patchwork of properties with incompatible uses within the PDA, such as occurred under the 1973 Municipal Plan. The Applicant's intention of converting the entirety of the subject properties over to strip mining flies in the face of the Municipal Plan's intent to transition away from such incompatible and conflicting uses of land (see policy statement, Municipal Plan, page 49). (ii) Proposed Application of Municipal Plan The Applicant is seeking to re -zone PID 00305128, and a portion of 00298422 from Medium Industrial to Heavy Industrial. The Applicant asserts that the only land use currently on the subject site that is exclusively identified in the Heavy Industrial zone is the existing asphalt plant. The Applicant brings the Application for re- zoning without a clear intension to actually develop the land in question and is merely seeking re- zoning in order to possibly construct a concrete plant in the future. Given that the Applicant shows no clear intent to construct the concrete plant and such re- zoning is allowing the variance of the zoning on the land in question for the possible establishment of a 01 Brenton - Kean Page 6 LA WYE RS A, -O " OTS concrete plant at the subject site is inconsistent with the direction which the Municipal Plan is clearly focused. According to chapter 3.8 "General Land Use Policies" under the heading "Non- Conforming Uses" (Municipal Plan, page 98) generally development proposals that do not conform to the land use policies set out in the Municipal Plan are not permitted. While it is not possible to force the relocation of facilities which exist in locations that may not may not be appropriate under best practices in land use planning today the Act sets out a process to address these non- conforming uses (also known as `grandfathered uses') as they relate to reconvening the same use. According to Policy LU -127 (Municipal Plan, page 100) the City shall continue to allow grandfathered uses to carry on with their operations in accordance with the relevant requirements of the Act. However, the City will encourage the relocation of incompatible uses to more appropriate locations. It is clear that the nature and substance of the Municipal Plan is to bring conformity and consistency between adjoining land uses. The Applicant is already in a state of non- compliance with the Municipal PIan regarding three separate areas of the subject site. Therefore, the establishment of a concrete plant would perpetuate pre - existing non - conforming uses and create an additional non - conforming use. As stated above, there exists a very large amount of land outside of the PDA which could be developed without requiring an amendment to the Municipal Plan. Approving the Application would set a precedent for encouraging non - compliance with the Municipal Plan and for rewarding disregard for its zoning by -laws. Furthermore, the land in question is currently not designated as Heavy Industrial and the Municipal Plan states, at Policy LU -79 (Municipal Plan, page 83), that Council shall generally prohibit the designation of land as Heavy Industrial which is not located in an Industrial Park specifically designed to accommodate such uses. Re- designation of the subject site to Heavy Industrial cannot be done without an amendment to the Municipal Plan, given that the purpose is incompatible with the surrounding land uses, fails to ensure appropriate mitigation measures are provided and does not ensure that the transportation needs can be accommodated. Furthermore, the Application with respect to the concrete plant is wholly inconsistent with how the land in the City should be developed in the future and does not provide adequate detail in order to determine the impact of the proposed development, thus, Council cannot adequately safeguard the community's best interest. Therefore, the Application is inconsistent with Policy LU -4 (Municipal Plan, page 51), in the following respects: i. It does not correspond with the general intent of the Municipal Plan and do not advance the City Structure; ii. It does not enhance the community and the quality of life offered to residents of the City; iii. It negatively impacts the use and enjoyment of adjacent lands and neighborhoods; 95 Brenton • Kean A w! E s A'-(,,:.'.TS Page 7 iv. It does not come with adequate reports which addresses /mitigates any significant environmental impacts. As you are aware, the City has gone through a meticulous process of preparing its new Municipal Plan which came into force in late 2014. In the process of developing its Municipal Plan, there were a series of public consultations that took place where members of the public were given the opportunity to participate in the development of the Municipal Plan. As a result of the consultation process, the Municipal Plan was created dividing the City into different zones. At this point in the development process, it would be inconceivable to amend the Municipal Plan in such a significant way. 2. Zoning The Quarry Property is currently not zoned to support a quarry operation. It is zoned I -2 (Heavy Industrial), with a small portion of the property zoned SZ -13 (Special Zone) to permit operation of an asphalt plant, aggregate stockpile area, storage yards and shops. The quarry is, therefore, a non - conforming use on the Quarry Property. The remainder of the three PIDs that are the subject of the Application (the "Undeveloped Properties ") are zoned a mix of I -2 (Heavy Industrial) and RS -2 (Residential). The Applicant has requested that the current zoning of the Quarry Property and the Undeveloped Properties be changed to Pits & Quarries. The Applicant asserts that these properties have supported an established quarry operation. While the Quarry Property has supported a quarry as a non - conforming use for many years, the Undeveloped Properties have never supported any mining or quarrying operation. The Applicant should not be permitted to allow the Applicant to open new quarries on the Undeveloped Properties. Any assertion that the expansion of the quarry limits with the rezoning and Municipal Plan amendment will not equate to an increase in production at the quarry, as operations and production is directly related to market demand and the local economy is somewhat suspect as the current market demand suggested in the Application would not require the requested rezoning of the entirety of the Undeveloped Properties. Furthermore, any estimate as to the life expectancy of the quarry is questionable due to the need of supporting evidence (market studies or other metrics) are required as a general assertion of life expectancy should not be taken on blind faith. The Applicant likewise does not adequately address the potential for an increase in demand that could dramatically increase the size and scale of the quarry operation. The information provided to the public is also worryingly silent on the final size of the project and its future impact on the areas adjacent. Indeed, given that the Applicant has a history of encroachment it is reasonable to conclude that increasing the size of the project shall only Brenton • Kean Page 8 E A W Y }_ k C, 1V(' Cf ", 17 proliferate the ongoing negative effects on the adjacent areas, land owners and the community at large. Furthermore, the Council should not be seen as rewarding non - compliant behaviour given that the Applicant has extended excavation onto areas of the property not zoned for such activity, thus illustrating the Applicant's willful disregard to the zoning by -laws. It is clear that, at a minimum, this Application is designed to allow a rapid expansion of the quarry in the event of a market demand increase. The rezoning of the property to a Pits & Quarries designation would open the possibility for the Quarry to be expanded to encompass the entirety of the approximately 60 hectares of land comprising the Property. It is inappropriate to rezone the entirety of the Undeveloped Properties, as that would permit the expansion of the current small operation into a potentially large scale strip mine within the City limits. While there is a permitting process contemplated under the Pits & Quarries zoning provisions, those provisions would grant the City only limited control over the mining operation, especially the size of the strip mine. The clear intention of the Application is to permit the Applicant to remove all of the aggregate from the Undeveloped Properties. At best, the "plan" to develop the land for commercial purposes is an afterthought. It is clear that the Municipal Plan adopted in 2012 intended for the Undeveloped Properties to largely act as a buffer to be reserved for future urban and industrial development. If the subject properties are all rezoned Pits & Quarries, the thin buffers contained in the Zoning By -law will not accomplish this goal. There are a large number of residential properties and non - industrial properties adjacent to the Property. These properties would be adversely impacted by this proposed development. In addition, the Applicant seeks to remove the 50 meter setback if the southern portion of the site is rezoned to Heavy Industrial due to its abutment with the proposed Pit and Quarry zone, resulting in the need to reduce the minimum set back to nil. Given that the Council should not approve such rezoning, so too should it deny the reduction of the minimum setback. The 50 meter setback applies to the entire perimeter of land and cannot be removed. We urge Council to recognize the ongoing negative impacts experienced by adjacent landowners as a result of the continued encroachment and a potential for the serious ramifications which will result from expansion. A nonexistent buffer between any of the existing properties and an active strip mine would be wholly inadequate. The mining operations will have a significantly detrimental impact on existing adjacent and nearby landowners and businesses, as well as the potential for future development in the subject area. 97 Brenton • Kean LAM' E R S. 3. Environmental Page 9 As has been discussed above there is a very real concern that the current operation which is a small non - confirming use quarry could potentially become a large scale strip mine. Such an operation could have dramatic environmental impacts, including but not limited to; increased dust and noise, change of topography and resulting damage or pollution to Marsh Creek, as well as the effect on to the adjacent flood plain. Section 7.3 of the Municipal Plan (page 152) commits the City to reducing conflicts between industry and air quality. The Application does not adequately address the potential air quality impact of increased dust from an expansion of the quarry, or the construction and operation of a cement plant. The Municipal Plan, in Policy NE -32 (page 157), identifies that a priority is to reduce flooding in the McAllister Regional Retail Centre. The subject properties are located on or adjacent to the Marsh Creek Flood plain area and therefore consideration must be paid to the City's Flood Risk Area By -Law. It appears that Applicant has not obtained an environmental impact assessment to consider the effect of the expansion of the quarry or the creation of the proposed stormwater pond and how these project will impact the flood plain. The Flood Risk Area By -law requires such measures. The Application also does not address the design that will be implemented for the proposed stormwater pond and any related safety considerations which may be applicable to a large water catch basin located in a heavily populated area in which there is a large volume of consumer traffic. Furthermore, the Applicant has in the past shown disregard to the Flood Risk Area By -law as the Applicant has been notified in April 2011 and February 2013 that it has been placing stockpiles of material from the existing quarry in the flood risk area without obtaining a Flood Risk Area Development permit. To allow the quarry to significantly increase in size would only perpetuate the Applicants disregard for the importance of such remedial measures and puts the neighbouring properties at a greater risk to flooding. The Municipal Plan specifically states in Policy NE -34 (Municipal Plan, page 157) that one of its significant purposes is to support of the Marsh Creek Restoration Initiative proposed by the Atlantic Coastal Action Program (ACAP). NE -34 also limits development in flood plains. The subject properties lie adjacent to both Marsh Creek and a flood plain. No real attention is paid to the potential effects that an approximately 60 hectare strip mine could have on these two significant ecological features of East Saint John. Brenton - I {ean L -` W Y" is S A'`0 TS 4. Failure to Provide Notice Page 10 Although the City has given sufficient notice of this meeting of Council, the fact that the meeting of the Committee, which was held on May 20, 2015, was not made public and the fact that the Committee's findings at such meeting have not been made public in time for this submission causes our client great concern. Accordingly, we submit that without malting the outcome of the Committee meeting known, prior to the deadline for malting submissions, the notice requirements under the Act have not been met. As previously stated, the Committee meeting was held on Wednesday, May 20, 2015. Notice to neighboring properties was not issued until May 6, 2015. Notice to the public was not issued at all. An advertisement was published in the Telegraph Journal on May 7, 2015 advertising only of the Council's meeting scheduled for June 1, 2015. Leading up to its meeting the Committee relied on subsection 68(7) of the Act as justification for issuing notice to neighboring property owners. However, section 68 of the Act relates to Council meetings specifically, not to Committee meetings. By exercising the option in subsection 68(7) of the Act the Committee has attorned itself to the full application of section 68 of the Act. In order to rely on subsection 68(7) of the Act the Committee should have first provided public notice in the manner as stated in subsection 68(1)(b)(i) of the Act, which it did not. Subsection 68(1) of the Act reads as follows: (1) With respect to a by -law under this Act other than a by -law mentioned in paragraph 67(1) (a), the council shall (a) by resolution, fix a day and place for the consideration of objections to the proposed by -law, and (b) subject to subsection (7), (i) if a daily newspaper is circulated in the municipality, publish twice a notice in the form described in subsection (2) of its intention of considering the enacting of the by -law, the first of such notices to be published not less than twenty -one and not more than thirty days before the day fixed pursuant to paragraph (a), and the second not less than four days and not more than seven days before such day, The Committee failed to provide public notice in the first instance, yet opted out of its obligation to provide a second form of notice to the public. Therefore, Committee did not comply with section 68 of the Act when providing notice of the Application. .. Brenton • Dean Page 11 LAWY�R.S , 1'OP'.ATS In the past CAUQ, which is formed by members of the public, has raised serious issue with re- zoning in this area of the City. Given that the Committee held a meeting which it deemed to be a "public hearing" according to its notice issued directly to neighboring property owners, and given that the recommendations made by the Committee are persuasive when Council renders its decision, it is reasonable to suggest that CAUQ and the public generally, should have been properly notified of the Committee's meeting and would be directly affected by the Committee's recommendations to Council. The Committee's failure to affect proper notice inhibits the public from truly being informed and removes its right to properly express any objection to the Application. As a result, the Committee's report was provided to Council under the false pretence that the public was truly informed of the Application. In the alternative, if the notice contained in the Telegraph Journal on May 7, 2015 is deemed to be notice of the Committee meeting, the Committee is still in violation of both the method and the time frame in which notice was to be issued (i.e. to the public first and then directly to neighbouring parties and with not less than 21 days notice) as prescribed by subsection 68(1)(b)(i) of the Act. 5. Conclusion When assessing the merits of the Application through the lens of the policies contained in the Municipal Plan in the context of the goals established by the Municipal Plan the amendments and rezoning proposed by the Applicant are clearly at odds with the overall purpose of the Municipal Plan and its policy directives. The Application would permit a large -scale expansion of an existing non - conforming use that is incompatible with the overall area in which it is located. We urge the City to support the goals of the Municipal Plan as a vital guide to the future strength and vitality of the City. The Municipal Plan has been created with a considerable amount of forethought into the future of the City and how to best guide development of prosperity for all citizens, individual and corporate, who reside here. If we incrementally ignore the Municipal Plan it will create a pattern of disregard for the future and the renaissance of the City. It is our understanding that in its report to the Committee, the staff recommended against the approval of the proposed development. As a member of the Canadian Institute of Planners, planning professionals have an obligation to make recommendations based on what is in the best interest of the community. Accordingly, it is clear that in their view, such a development is not consistent with sound principles of planning. Council must bear in mind that, if approved, such a modification would set a dangerous precedent for future amendments to the Municipal Plan. We urge Council to reject the current Application in its entirety. The subject properties should be reserved for future uses that are compatible with the existing area, as the Municipal Plan clearly 100 Brenton • Kean 8, V'I „:_i S AV 0,-. ArS Page 12 intended. if the existing quarry is no longer feasible because all of the land on the existing Quarry Property has been exhausted, then rejection of the Application will only hasten the transition of the Quarry Property toward a more appropriate use, as directed by the Municipal Plan. Yours very truly, BRENTON KEAN William C. Kean WCK/lgl 101 May 27, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Council Certificates Background Currently, the Mayor's office provides certificates for birthdays, anniversaries and retirements from the reserves. Sometimes recognition certificates are also given, for example to a citizen that was part of a Canadian Senior Curling Team that won the World Championship in Scotland. The certificates are given out at the direction of the Mayor; there are no protocols or regulations surrounding this. I think that awarding these certificates will encourage people to keep on doing great things, including community clean -ups, planting beautiful gardens, repainting shabby houses etc. etc. , and I think that these are all things which will improve the look of our community, something to which we all aspire. Finally, that we consider inviting approximately ten "Councillor's Award" recipients per month into a Council meeting with a light agenda and presenting the certificates in person. It would go very fast, but I think that the publicity around it would generate good feelings with citizens, and hopefully would cause more to do good things. Motion: That the Common Clerk's office be directed to design and supply certificates which Councillors may present. These are for special events, achievements or "thank you for your community service ", clean -ups, beautification awards and the like but also including birthdays, anniversaries and anything else that a Councillor thinks deserves an award. Respectfully Submitted, (Received via email) Susan Fullerton Councillor —Ward 3 City of Saint John l� - VU 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 102 May 27, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Canada 150 Motion: That Bernard Cormier's email (attached) be considered and a plan be put in place to celebrate this important event. Respectfully Submitted, (Received via email) Susan Fullerton Councillor — Ward 3 City of Saint John / SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L 4L1 103 Evans, Richard To: Taylor, Jonathan Subject: RE: Jon, Please put this on the agenda for the next Council Meeting. Thank you. Susan Front: Cormier, Bernard [ mailto: bernard.cormier(d)saintjohn.ca] Sent: Thursday, May 21, 2015 10:38 AM To: 'Susan Fullerton` Subject: CANADA 150 Dear Councillor Fullerton, Thank you for your email and telephone conversation wherein you inquired about Canada 150 and asked what I would recommend we do to have Saint John take full advantage of the $210 million the Federal Government has designated for the country's sesquicentennial in 2017. Here are my recommendations: 1) That a Saint John Canada 150 Committee be established, appointed by Common Council. The Committee would act as a catalyst to inspire local Canada 150 projects and engage the community, but at the same time act as an overall coordinator for the legacies, events, and activities that would take place in 2017 within our municipality. Other municipalities across Canada have already been organized to prepare for this Canadian milestone. Saint John is Canada's first incorporated city, therefore, is a logical choice for receiving part of the $210 million currently budgeted for 2017. 2) Identify prominent champion to lead the Saint John Canada 150 Committee. 3) 1 would recommend the Mayor convene a meeting of the top 10 corporations in Saint John to convince them to be involved with Canada 150 by setting aside a defined amount of support funding for the next three years (2015, 2016, & 2017) for celebrations and projects that would take place in Saint John... rather than wait for a larger ask in 2017. This approach would be beneficial in attracting and leveraging greater Federal funding and would show that the community is organized and ready to go! A "buy in" from the business community is crucial. 4) The City must identify what significant legacy projects it would like Canada 150 federal funding for e.g. Partridge Island, Fort LaTour, Fort Howe, Marco Polo, etc. Just my two cents worth. Regards, Bernard J. Cormier Cultural Affairs Officer, City of Saint John (506) 649 -6040 Twitter: BernardCormier 404 M &C 2015 —104 May 26, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councilors: Subject: One -Stop Development Shop Project Update Background On February 16, 2015, the One -Stop Development Shop team presented Council with a Final Service Delivery Model that included 61 service enhancements designed to achieve the vision of the One -Stop project, as outlined in the four guiding principles endorsed by Council in May 2014: • Innovation and Continuous Improvement; • Predictability and Clarity; • Facilitated and Streamlined; and • Customer and Community Focused. The model was developed based on national best practice research, service area gap analyses, site visits to neighbouring municipalities, stakeholder feedback and the vision outlined above. At that February 2015 Council meeting, Council adopted the One -Stop Development Shop Final Service Delivery Model recommended options; "The Essential Package" and "The Enhanced Compliance Package" (as outlined in M &C 2015 -023) and directed staff to proceed with implementation. The Essential Package The Essential Package provides 58 service level enhancements, significantly improving the level of service while maintaining existing staffing levels. The package proposes a variety of improvements that enhance customer service, streamlines the development processes, supports economic development, increases information sharing with the Community and improves the efficiency of the development service. 105 M &C2015-104 2 May 26, 2015 The Enhanced Compliance Package The Enhanced Compliance Package provides 3 service level enhancements that will provide an opportunity to; pilot several compliance programs with the goal of creating a stronger culture of compliance with development - related by -laws and contributing to reduced liability risks through improved enforcement. It should be noted that all 61 service level enhancements are being completed within Council approved budgets. Since the February 16, 2015 Council milestone, the One -Stop team has been focused on the implementation of The Final Service Delivery Model and the team is pleased to present Council with an update on the implementation, an overview of the project status and project next steps. Project Status Improved Website with Instructional & Supportive Materials Phase I of the improved website is nearing completion, meaning all development related applications have been updated, a comprehensive schedule of fees for all development related service areas created, the website rewritten and updated and all applications and the schedule of fees will be made available on the City's website in both official languages — before the start of summer. In addition, to facilitate and streamline the permit application process some instructional and supportive materials have been updated. For instance there is a newly updated Growth & Community Development Services — Permits brochure that details what information is necessary when applying for specific permits as well as a Residential Driveway Culverts brochure that provides specifics on the process and the requirements associated with the construction of a residential driveway culvert. In addition, drawings that are to accompany applications are also being updated and made available online. All instructional and supportive materials are also being made available on the City's website in both official languages. The updating and availability of these materials online will help customers prepare plans and submit applications with relative ease and the improved guidance will assist in ensuring that applications are not missing important pieces of information - improving operational efficiency. Phase II of this project which will commence during the summer of 2015 will involve expanding the inventory of instructional and supportive materials by adding new pamphlets and brochures to detail the various applications and processes of the development service, and creating detailed application packages with instructional information /detailed checklists and formal 106 M &C2015-104 3 May 26, 2015 application and submission standards. Phase II will also include the addition of Permit Activity Reports that will outline active permits on the Growth and Community Development Services website to provide the Community with information on current and upcoming projects in the City. New Online Services The purchase of Click2Gov, a software extension of one of the City's SunGard NaviLine (HTE) enterprise solutions is complete. This software solution will provide public facing services for users such as the ability to track their permits and schedule inspections online. Work is currently underway by the One -Stop team, the City's IT resources and SunGard's implementation team in planning and preparing for the installation and setup of the new program. Once complete, an internal testing phase will begin in the fall to familiarize staff with the program and online services will be made available to applicants beginning in early 2016. A Single Front Counter Experience The renovations that are necessary to fully merge the Community Planning, Building Inspection and Infrastructure Development service areas into one public facing new One -Stop front counter have been identified and the planning associated with the work is underway. These minor renovations will include the construction of a new front counter on the 10th floor within the Growth and Community Development Services area during the summer of 2015 to improve the customer experience. An Efficient, Consistent & Seamless Process The improved building inspection scheduling pilot for one and two unit buildings began April 1, 2015. Once fully operational, the new building inspection scheduling system will help to ensure that the inspection service is efficient while delivering a consistent level of service. Procurement is completed and the City now has a new large format scanner /plotter which will play an integral role in reducing turnaround times for approvals. A technology review was undertaken and completed for the tablets that will be part of a pilot project that is scheduled to occur during the summer of 2015. The pilot is meant to identify efficiencies that will come with the use of tablets by inspectors. The pilot will be assessed at the end of 2015 and provided the efficiency gains are realized, there will be full roll out of tablets to all inspectors in early 2016. 107 M &C2015-104 4 May 26, 2015 To reduce application turnaround times and improve operational efficiencies the digitization of files for the Infrastructure Development and Community Planning service areas has been underway and is scheduled to be completed during the third quarter of 2015. By -Law Revisions Central to the One -Stop shop is a suite of modernized development by -laws. The Subdivision and Building by -laws are being rewritten in 2015 to improve clarity and predictability for development while ensuring community standards set out in PlanSJ are met. The by -law updates will implement many of the new features of the One -Stop Development Shop including stormwater management and improved enforcement. The team will host targeted engagement with stakeholders in June 2015 in a series of small focus groups, with a broader One -Stop event scheduled for fall. The target for first and second reading of the revised by -laws is December 2015. Project Next Steps The One -Stop team will continue with implementation of the more than 60 service improvements in preparation for the 2016 launch of the One -Stop Development Shop. Engagement of key stakeholders will continue throughout the project, particularly in conjunction with by -law drafting. The One -Stop team will continue to update Council on progress of the project on a quarterly basis, at a minimum, along with keeping its stakeholders updated through quarterly bulletins. The next bulletin will be issued during the first week of June 2015. Recommendation It is recommended that Common Council receive and file this report. Respectfully Submitted, Brent McGovern, P. Eng. Project Manager, One -Stop Development Shop Growth & Community Development Services Jacqueline Hamilton, MURP, MCIP, RPP Commissioner, Growth & Community Development Services J. Patrick Woods, CGA City Manager HE rt.E OR � TO COP�_�r�O�� COUNCIL M &C -2015 -107 May 26, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Transportation Strategic Plan — Move SJ Phase 1: Community Engagement Program BACKGROUND The City of Saint John On November 24, 2014 Common Council awarded Phase 1 of the Transportation Strategic Plan to IBI Group. The Transportation Strategic Plan, MoveSJ, will guide investment in and development of the City's transportation network over a 25 -year planning horizon, implementing a vision for a transportation system that integrates with the City's land use development vision established in PlanSJ. The overall plan will identify the required investment decisions to create a balanced transportation system that focuses on the movement of people and goods. Promotion of a broader variety of travel modes including walking, cycling and transit to promote travel choice beyond the private automobile is also an important consideration of the plan. Phase 1 of the project, the first of three phases, involves the establishment of a Community Vision for the City's transportation network. To do this, stakeholder and community consultation will take place in June and a summary of findings will be brought back to Common Council in in late- summer. The following is an overview of the upcoming community engagement plan. ANALYSIS Community and stakeholder engagement in Phase 1 `ocuses on soliciting input from the community regarding their vision for future development of the Page 'I of 5 109 M & C — 2015 — 107 May 26, 2015 transportation system. The Consultant will use five approaches to solicit feedback including face -to -face interviews, workshops, open houses, a telephone survey and on -line engagement: 1. Public Engagement Sessions 2. On -line Digital Engagement 3. Telephone Survey 4. Agency 1 Stakeholder Engagement 5. In- person Council Interviews Public Engagement Sessions During the initial phase of the project, the consultants will seek community input regarding the future development of the City's transportation network through two open houses. Each open house will be held between 4:30 PM and 7:00 PM and will allow attendees to review information at their own pace, ask questions of the Project Team and present their ideas for the team to consider. OPEN HOUSE DATE TENTATIVE LOCATION #1 Wednesday, June 17 Hillcrest Baptist Church — 476 Lancaster Avenue #2 Thursday June 18 Community Meeting Room — One Peel Plaza At this initial stage of the project, the focus of the community engagement is to provide an opportunity for stakeholders and members of the public to comment on the direction for the transportation strategy they feel is important, overall goals for improving the system, and current issues relating to the transportation system. Later phases of the project, where improvement strategies are developed for specific transportation modes such as transit and parking, will involve a broader community outreach program with additional open houses. These sessions will be advertised in local media including the newspaper and on the City's website. Di ital Engagement In conjunction with the open houses, the project will use a digital engagement platform developed by Metroquest to solicit feedback from the general public on Page 2of5 - 110 M &C- 2015 -107 26, 2015 the future direction of the City's Transportation Network. For this phase of the project, the digital engagement will focus on the following: A ranking of the respondents' priorities for development and investment in the transportation system. Respondents' personal preferences and habits relating to their transportation system priorities. An interactive map that allows respondents to identify areas of concern with the transportation system. Telephone Travel Demand Survey To help plan the future development of the City's transportation network, a telephone -based household travel survey will be conducted during June and July to provide an understanding of daily travel patterns in the City and region. The last time this data was collected was in 1999 as a part of the last major transportation study. It is important to note that this is not an opinion -based survey but a survey focused on gathering data on respondents' daily travel patterns, percentages of travel by the various transportation modes and demographics including: • Travel mode - such as walking, cycling, automobile, public transit • Time of travel - including morning or afternoon peak hour periods and off- peak hours • Trip purpose - including work, shopping and school trips • Trip origins and destinations — where trips begin and end on the transportation network • Household data - including location, household size and automobile ownership • Demographic data - age, gender, employment 1 student status, occupational category. This random survey of about 2,300 City and area households will take no more than about 10 minutes to complete and provide an understanding where people are coming from and where they are going when they use the City's roadway network. This is critical baseline data for Phase 2 of the project which will focus on the development of strategies and options to build an inclusive transportation system that serves all users in the community through a variety of travel choices. The reliable data and understanding of travel patterns provided by the survey are important in guiding future transportation investments to serve the movement of people and goods by transit, walking, cycling and vehicles and providing insight into current levels of cycling, transit ridership and commuting. Page 3 of 5 111 M & C- 2015-107 May 26, 2015 Agency/ Stakeholder Engagement Agency and stakeholder engagement involves targeted consultations with organizations that have a specific interest in the City's transportation network. These agencies and groups play an important role as they represent users of the network. Their input and involvement is important in promoting a more balanced transportation system. Input from these groups focused on: How well the transportation system currently moves people and goods Ways the system could be improved to better move people and goods. Required changes to the City's transportation system in order to move people and goods in the future. To obtain an understanding of the broader transportation issues within the community from the perspective of a diverse range of groups, the consultant has met with three broad stakeholder groups during the week of May 19: Economic/ Business Sector - This includes the port, airport, rail and ferry providers, The Chamber, Enterprise Saint John, Saint John Industrial Parks and Uptown Saint John. Environment & Community Sector - This includes the established community groups and neighbourhood associations, and groups such as such as the City's ability advisory committee, CNIB, ACAP, Active Transportation Saint John and the Senior's resource centre.. Municipal /Agency Sector - This includes external municipalities, NBDTI and Route 1 Gateway representatives. Council Interviews In association with the planned open houses, interviews will be held with individual Common Council members at City Hall during the latter part of the week of June 15th. The interviews will focus on obtaining input similar to that obtained from the stakeholder workshops and allow members of Common Council to provide their ideas regarding the transportation issues, challenges and needs facing Saint John now and over the next 25 years. Councillors will be notified through the Common Clerk's office regarding scheduling of the interviews. Page 4 of 5 112 M &C- 2015 -107 Summary Report 26, 2015 A summary report of the public and stakeholder consultations will be prepared, focusing on the messages received and brought back to Council in late- summer. This document will help guide the Goals Statement for the Transportation Strategic Plan, a key next step in the process. The Goals Statement and Vision along with other Phase 1 deliverables including a preliminary review of truck routes and speed limits in the City, guidelines for incorporating transportation issues into neighbourhood and structure plans and considerations for maintenance of the travel demand model will be presented to Council in September. RECOMMENDATION That Common Council receive and file this report. Respectfully submitted, V d Mark Reade, P.Eng., MCIP, RPP Senior Planner, Community Planning & Development Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer, Transportation and Environment Services Jac0bline Hamilton, MURP, MCIP, RPP Con1missioner, Growth & Community Development Services Wm. Edwards P.Eng. Commissioner, Transportation and Environment Services J. Patrick Woods, CGA City Manager Page 5 of 5 113 3 1`2, REPORT TO COMMON COUNCIL May 27h, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors; City of Saint John SUBJECT: Replacement — Data Storage System for City IT and Police Services Purpose The purpose of this report is to authorize the purchase of a replacement Storage Area Network (SAN) system that is core to the City of Saint John's Information Technology (IT) systems and protective services (Police) operations. Background The City operates complex information technology infrastructure that must meet constantly evolving and increasing internal and external (public) service demands and expectations. The City and its protective services operations increasingly rely on access to reliable historic and real -time data in an effort to support evidence -based decision making. As such, our IT network and applications require secure, high performance, high availability and high capacity data storage systems. The Community's increasing interest in both open data and big data applications will further intensify our requirement for robust medium to longer -term data storage solutions. A key component of our IT infrastructure is data storage as provided through our SAN systems. SAN systems provide fast, reliable, highly redundant, flexible, and expandable data storage for core IT services such as email, file shares, databases, Police records, and additional virtual server infrastructure. The SAN system that currently powers and enables the City's Police operations has reached its capacity and is at the end of its reliable operational lifespan. The system was originally purchased in 2010 with 4.8 TB of raw storage, and has been upgrades to over 28 TB of storage over the past five years. This rapid increase in data storage requirements is reflective of the increasing reliance on data for reporting and decision - making processes, as well as the proliferation of large data formats such as high resolution photography and videos, digital documents, and the increasing use of multi -media content used for both Police evidence and City operations. 114 The nature, sensitivity and confidentiality of the applications now running on our core City IT infrastructure supports a renewed investment in a robust, high capacity SAN system that will function securely and reliably on a 7 day, 24 hour basis. Given the sensitivity and confidentiality of our data and information storage requirements, particularly with respect to the Police Force, building internal data storage capacity was deemed as our immediate priority. External data storage options will be considered in the future. In late 2014 Council authorized the purchase of network and server equipment (see Figure 1). This purchase focused on replacing our network core, which had also effectively reached its technology end -of -life. Enhancing and replacing our SAN data storage systems is the next step in upgrading the overall performance, capacity and reliability of our core IT network and systems, with the objective of maintaining high availability IT services now and into the future. The goal was to design and implement a new core that would: • Power and securely enable the City's information technology, operational and connectivity needs over the next five years. + Reduce the risk of single site or component failure, enabling the City's IT Department to provide high availability for critical systems. • Leverage our existing investments in data center equipment, private fibers and associated network technology. • Provide flexibility in responding to possible future City Hall facility and location changes. 115 ' a3 V Core ro (PHQ) M p c t50 heals ^t Web g 4" W U d. V) Physical email; ? euty Physical servers City Servers � - 5erver5 Cisco Uf5 U 7 Databases Financial Documents N [) Servers moving between locations V 0 SAN Data yore (PHQ) SAN Data Store (CH) Figure 1: Illustration depicting the network cores and SAN Systems that will enable critical City servers and services to run in either the City Hall or Saint John Police Headquarters locations. Critical services will be able to move automatically in the event of a planned or unplanned outage, providing high availability IT services. 115 The recommended SAN purchase will further enable and enhance these goals. The larger capacity SAN will meet current service requirements while allowing for expansion over its service life. The new SAN will also be able to deliver data 3 times faster than the current SAN, enhancing system performance and reliability for all City services, including email, saintjohn,ca, financial systems, etc. Furthermore, the current SAN will be retooled and leveraged for approximately 3 years for backups, test environments, and other non- critical systems. In this way the City will enhance core systems while continuing to leverage its previous investments. Financial Implications The total capital cost of the recommended upgrade to the PHQ SAN is $160,000 + HST, and was anticipated and budgeted for within the previously approved 2015 IT capital budget. The EMC2 VNX5400 SAN with 35TB of storage is recommended, which can be purchased through an existing Government of New Brunswick supply agreement. By leveraging the Province's existing IT vendor agreements, the City will save over $150,000 (or 49 %) over the list price of the specified equipment. The City can call for competitive bids or exercise its rights under the Public Procurement Act of the Province of New Brunswick and purchase the equipment it needs through existing provincial government vendor supply agreements, which go to tender on a regular basis. Based on the nature of the equipment being sourced through this project, coupled with direct vendor discussions and access to the Province's existing IT vendor supply agreements, staff recommend that Council waive the tender requirement for this purchase in favour of leveraging the Province's existing standing offer purchase agreements. The standing offer agreements provide good value for the City of Saint John by way of leveraging the Province of New Brunswick's much larger purchasing power and associated standing offer pricing. Input from Other Sources The City's Purchasing Agent has reviewed this request and is supportive of the recommended approach in replacing / upgrading core IT network and server equipment. Conclusion The City's IT Department recommends a strategic investment in a Storage Area Network (SAN) system in an effort to maintain high availability IT services; add greater system redundancy, reliability and capacity; and replace aging and obsolete hardware. 116 The recommended solution reflects careful a n partners, and leverages the Province of New ensuring good value for the City and its citizens. Recommended Resolution alysis and planning with the City's technology Brunswick's existing vendor supply agreements, 1. To approve the purchase of a EMC VNX SAN System from Softchoice at a total cost $160,000 + HST. Respectfully submitted, Brian Woods, M.Sc. Information Technology, Manager �C J. ,a Fick Woods, C.G.A. City Manager Neil Jacobsen, M Commissioner of Strategic Services 117 REPORT TO COMMON COUNCIL May 27, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Use of the Saint John Community Brand BACKGROUND: =9y City of Saint John On July 21, 2014, Saint John Common Council referred to Enterprise Saint John the question of whether and how a third party might develop and sell merchandise bearing the Saint John Community Brand Mark (also known as "the Explorer logo ") to the public. Last fall, communications staff from Enterprise Saint John met with communications staff from Discover Saint John and the City of Saint John to discuss the matter. The Explorer brand belongs to the five municipalities which together form the Saint John Community: Grand Bay - Westfield, Saint John, St. Martin's, and Rothesay.l It represents the common values that bring these municipalities together as one community. Since its adoption in 2003, the Explorer brand has gained credibility with the public as an indicator that a particular initiative flows from one or several of the municipalities, in service to the community. Councils in Grand Bay Westfield, Rothesay, Quispamsis and St Martin's all agreed to use the brand. Agencies, boards and commissions (ABCs) were encouraged to adopt the logo as well. Over the years, the Explorer brand has been used to identify municipal services and staff (i.e., Transportation and Environment Services, etc.) and by the development agencies (i.e., on Saint John Transit buses, Discover Saint John, Enterprise Saint John, Saint John Industrial Parks, etc.). It has also been used for PlanSJ, P1aySJ, One Stop Development Shop, and True Growth 2.0 initiatives. Citizens now trust that workers, vehicles, and endorsements bearing this logo are present on account of an activity sanctioned by their city, town or village. This 1 The five municipalities, represented by Enterprise Saint John, adopted the Explorer Brand Mark in 2003: per Enterprise Saint John Board of Directors minutes, May 22, 2003. 118 Sm May 27, 2015 has been particularly apparent in Saint John. The informal Saint John Community Brand Book developed in 2003 says, All newly formed public and non-profit organizations and initiatives which serve the Saint John Community are asked to incorporate the Explorer brand and brand standards into their logo design. This provides for ready -made brand recognition, demonstrates cohesion and cooperation in the community and solidly positions the organization or initiative in Saint John, with shared values to other community partners. The Explorer brand was not intended for use by vendors to drive the sale of merchandise. It would potentially dilute the brand's value proposition and compromise quality control in various contexts. Enterprise Saint John reached out to nearby municipalities — including Fredericton, Moncton, and Halifax — to learn how they regulate their community brands. Fredericton, Moncton, and Halifax do not allow vendors to use their logos. Vendors are free to develop other merchandise bearing the city or community's name; a wide variety of examples are already being sold successfully in local stores and markets. By allowing the sale of Explorer branded clothing or any other merchandise there is risk of confusing the public, and diluting the equity and recognition that the City has built into the brand. Indeed, this very concern was raised in correspondence in 2003 when the brand was being adopted, in which the City expressed worry about possible confusion between the Saint John Coat of Arms and the Explorer brand. The two were kept distinct. Brand Integrity Use of the Explorer brand by vendors may also compromise quality control over the brand — one of its essential elements. The Corporate Graphics Standards Manual states, Whether used for corporate communications, promotion, marketing, signage or vehicle identification, the new Saint John identity must be faithfully and consistently applied. The Saint John Community Brand Book further states, The correct use of the community brand, the Explorer, is critical to achieving cohesion and consistency in our communications efforts. 119 -3- May 27, 2015 If vendors are permitted to use the brand, it will become very difficult, if not impossible, to maintain quality assurance and/or to "police" improper use. Neither the City nor the economic development agencies have the staff or the expertise to engage in this kind of regulatory activity. Left unchecked, the brand could very easily be redistributed, possibly for unapproved use. Plans are already in place to enhance the community's brand in 2015, through the True Growth Integrated Community Communications Plan and related confidence- building initiatives. ('nnrhlsinn Based on current practices and research, staff at Enterprise Saint John believe it would be imprudent to allow for -profit vendors to develop and sell merchandise bearing the Explorer brand. Enterprise Saint John has recommended to limit use of the Explorer brand within the five municipalities and directly affiliated initiatives. Recommendation That Common Council hear directly from Enterprise Saint John prior to any change in the use of the Explorer Logo. Respectfully submitted, Nancy Moar Manager Communications Neil Jacobsen Commissioner of Strategic Services J. Patrick Woods City Manager 120 Saint Jahn Community May 26, 2015 B 0 A B D Mayor Mel K. Norton and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor and Council, C 0 N S E I L I am writing on behalf of the members of the Saint John Community D'ADMINISTRATION DES ARTS Arts Board. At our regular monthly meeting held May 26, 2015, the subject of Canada's 150th anniversary in 2017 was discussed, and de la communaute de Saint John whether or not the City had developed a plan to participate in the national celebrations as well as take advantage of the significant Barb Crawford, P.Eng. Federal funding opportunities already announced through the Chair/ President Department of Canadian Heritage. Vacant Canada's sesquicentennial offers tremendous legacy possibilities for Vice- Chair/ Vice- president Saint John as Canada's first incorporated city. Development of Stephen Carson Partridge Island, Fort La Tour or Fort Howe, were just a few projects 2r11 Vice - Chair /Vice- president that were raised at our meeting. The East Coast Music Association Bernard J. Cormier Conference and Tall Ships also are keen to be held in Saint John in Secretary /secretaire (Ex- Officio) 2017. The year also marks the 175th anniversary of the New Cultural Affairs Officer, City Hall Brunswick Museum, the Catholic Diocese of Saint John's 175th, and David Adams St. Vincent's High School's centennial (which is expected to open in Immediate Past chair (Ex- officio) 2017 as a new apartment complex). Jean Breau In light of the above information shared at our meeting, the Board Joanna Everett, Ph.D. adopted the following motion: MOTION: (Michael Wennberg / Joanna Everitt) "that the Saint John Wen Gao Community Arts Board write to the Mayor and Common Council to Signe Gurholt lend its support to any plans the City of Saint John may initiate with regards to Canada's 150th anniversary in 2017, and request the City Dr. Peter Magee ensure the Board is represented on any organizing committee Stephany Peterson formed." Carried. Carolyn Radcliffe The Board truly believes the City of Saint John is deserving and should not miss out on significant legacy funding, celebration John Rocca funding, and programming grants from the Canadian Government Stephen Tobias for this milestone anniversary. Yours very truly, Michael Watkins Michael D. Wennberg Ba Crawford, Eng. P.O. Box/ C. P. 1971 Chair Saint John, NB / N -B E2L 4L1 Copy: Members of the Saint John Community Arts Board (506) 649 -6040 culturalaffairs @saintjohn.ca Logo based on City Hall sculpture "Progression" by 121 Claude Roussel, CM, ONB, RCA �r The Saint John Taxi Owners & Operators Association Ltd. (Founded in 1980) May 24, 2015 To: Saint John Common Council & Common Clerk RE: Taxi Meter System We, the Saint John Taxi Owners & Operators Association Ltd., request permission to appear in front of common council for the third reading of the taxi by -law. We are holding a meeting on Sunday, May 31, 2015 at which time a delegate will be elected to appear. I can be contacted at 652 -8686. Thank You, f � Kenneth Steeves 122 May 27, 2015 Mayor and Common Council City of Saint John PO Box 1971 Saint John, New Brunswick E2l_ 41-1 RE: East Coast Music Week 2017 Presentation Dear Mayor and Common Council: I am requesting to present an East Coast Music Week presentation to Common Council on June 22, 2015. The event is currently scheduled to visit New Brunswick in 2017, and I will be requesting Council to support our bid to host the event in Saint John. East Coast Music Week is an international event that attracts delegates from around the world, creating substantial business opportunities for artists throughout the East Coast. It generates millions of dollars for the local host economy, and leaves a legacy for artists and industry professionals throughout the region. We have received resounding support from Music New Brunswick to host the event, and the response from the local music and business community is overwhelmingly positive. The event was last hosted by Saint John in 2002, and has since visited Fredericton (2008) and Moncton (2012). It would be great to host the event in Canada's oldest incorporated city as we head into the 150th anniversary of our country. I look forward to presenting and discussing this opportunity with you. Sincerely, Chuck Teed Chair - East Coast Music Week 2017 Committee (506) 214 -3488 123 REPORT TO OM CO CIS M &C 2015 -110 May 28, 2015 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Lifeguard Services — City Beaches BACKGROUND: Who 'Me Ci[y of Saint John For the 2015 and 2016 beach seasons, the decision was made to issue a Request for Proposals (the "RFP ") to solicit the marketplace for competitive bids, the intent being to ensure the City is obtaining the best value for its citizens. This RFP included an option for the City of Saint John to renew the approved service contract for a third year if performance is satisfactory and budget resources allow for the service to continue. An RFP was issued to prospective proponents and closed on Tuesday, May 26, 2015. Three compliant proposals were received as follows: Canada Games Aquatic Centre Saint John, NB Maritime Day Tripping Inc. Saint John, NB Groupe S.D.S Lifeguard Services Quebec, P.Q A proposal selection committee, consisting of representatives from Transportation and Environment Services and Materials Management reviewed the proposals and was tasked with the role of reviewing each qualified proposal against the proposal evaluation rated criteria and pricing as defined in the RFP. These rated criteria and pricing consisted of the following: 1. Quality and Completeness — Has the proposal addressed all of the needs raised? Is the proposal presented in an organized and professional manner? 2. Proponent's Experience— Has the proposal demonstrated a level of expertise with the requirements of the RFP? 3. Experience and Qualification of Lifeguards — Has the proponent demonstrated the ability to provide trained and qualified lifeguards, holding all necessary certifications? 4. Cost — Cost will be a factor, however not the only factor to be considered in the evaluation of the proposals. In accordance with the terms and conditions of the RFP, separate assessments of the technical proposals and financial proposals were undertaken by the proposal evaluation committee members. 124 Report to Common Council 2015 Lifeguard Services — Award of Contract M &C 2015 -110 Page 2 of 3 At the conclusion of the evaluations of the technical and financial proposals, the proposal evaluation committee unanimously rated the proposal submitted by the Canada Games Aquatic Centre as the highest ranked proponent based on the evaluation stages set out in the RFP and is now required to enter into a contract in accordance to the terms and conditions contained in the RFP . The above process is in accordance with the City's Policy for the Procurement of Goods, Services and Construction which supports the recommendation being put forth. FINANCIAL CONSIDERATIONS: The cost to the City of Saint John for lifeguard services provided by the Canada Games Aquatic Centre for the 2015, 2016 and 2017 beach seasons are listed in the following table, plus HST. 2015 $154,121 2016 $158,744 2017 (Optional) $163,506 An amount of $120,663 was included in the 2015 Operating Budget for the provision of lifeguard services. Due to school district scheduling the beach season will be required for a longer period in 2015 than in past years, resulting in increased costs for this service. It is anticipated that the additional required funding can be found from within the total approved Parks budget envelope. RECOMMENDATION: It is recommended that the proposal for the provision of lifeguard services for the 2015 and 2016 beach seasons with an optional one year extension for 2017, as submitted by Canada Games Aquatic Centre at the pre -tax cost of $154,121 for 2015, $158,744 for 2016 and $163,506 for 2017, be accepted. In addition, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, _01V/7� Michael Hugenholtz, P.Eng. Deputy Commissioner, Transportation and Environmental Services trick Woods, CGA City Manager 125 Wm. Edwards, P.Eng. Commissioner, Transportation and Environmental Services M&C- 2015 -106 June 1, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Energy East Ltd. Project Council Update on the NEB Process The City of Saint John The purpose of this report is to provide an update to Council with respect to where the Energy East Ltd. project proposal is in the National Energy Board (NEB) review process, and the efforts to -date of the interdisciplinary Energy East project team. BACKGROUND The Energy East Ltd. project application was filed with the National Energy Board (NEB) in October 2014. In February 2015, the City made application to participate as an intervener in the NEB application review process. In early April 2015, the project proponents announced they would no longer be pursuing construction of the proposed marine terminal and oil storage facility in Cacouna, QC. Instead, they would be actively reviewing and considering alternatives for these proposed facilities as part of a revised scope to the original application (see appendix A). ANALYSIS This change to the project scope has meant a delay in terms of the NEB review process and the anticipated construction and in- service dates. At this time, the proponent has indicated they are undertaking further analysis and consultation to assess the viability of other options to accommodate the second marine terminal and oil storage facility and anticipate filing an amendment to the original application in the last quarter of 2015. Given this, a decision has not yet been released by the Page 1 of 4 126 M & C — 2015 —106 June 1, 2015 NEB with respect to which applicants have been approved for intervener status or what the actual hearing process for this pipeline project (the Hearing Order) will be. This information will not become available until after the Board has reviewed the anticipated amendment and made a decision with respect to the completeness of the Energy East Ltd. application. In terms of the impact on the projects expected construction schedule, the anticipated amendment has meant a delay by an estimated 12 —18 months. This means that should the project ultimately receive approval from the NEB, the proposed construction date could be early 2018 with an in- service date of 2020. DISCUSSION This is the largest interprovincial pipeline project ever proposed in Canada. In terms of the New Brunswick component, there is a significant amount of new pipeline and heavy industrial infrastructure to be accommodated across the province and specifically here in Saint John. Given the scale and the importance of this project to the future of this community and the province, the city has formed an interdisciplinary Energy East project team that includes staff from across the organization as well as community leaders from our socio- economic agencies and organizations. This group is now moving ahead with formalizing membership and continuing its work with research and information gathering to ensure an integrated and holistic approach is taken to evaluating the broad range of community considerations. The key issues being reviewed at this time include the NEB regulatory process, public safety and emergency service delivery, heavy industrial land use and risk management best practices, and the opportunity to leverage strategic community benefits. The team will also be attending the inaugural East Coast Energy Connection conference being hosted by the Saint John Region Chamber of Commerce on June 9 -10 (invitation attached in Appendix B). FINANCIAL CONSIDERATIONS On -going research and information gathering efforts as well as active participation by the City of Saint John in the NEB Energy East hearing process (potentially in 2016) require significant internal resource commitments and a coordinated and thoughtful approach by the senior leadership team. Outside expertise may be required to advance discussions and/or support the city's position as this process moves ahead over this year and into 2016. Should outside expertise become a need as this project advances, recommendations for the retaining of expertise to augment City resources will be brought to Council for their consideration. Page 2 of 4 127 M &C -2015 -106 CONCLUSION June 1. 2015 The Energy East Ltd. proposal is a national project with the potential for significant new investment to be made across New Brunswick and specifically here in Saint John. The interdisciplinary Energy East project team will continue to advance their research into the NEB process and community best practices and monitor this process for developments. The team remains committed to providing regular updates to Council as per the original resolution. RECOMMENDATION That Council receive and file this report. Respectfully submitted, Jacqueline Hamilton, MURP, MCIP, RPP Neil Jacobsen, MBA Commissioner, Commissioner, Growth & Community Development Services Strategic Services Kevin Clifford, 1313A, CFO John Nugent Fire Chief I Director SJEMO Senior Solicitor City of Saint John City of Saint John Stacey Forfar, MBA, MCIP, RPP Steve Carson Deputy Commissioner Enterprise Saint John Growth & Community Development Services Stephanie Rackley- Roach, P.Eng, PMP nag Corporate Services J. Patrick Woods, CGA Manager Page 3 of 4 128 I -wg� M &C- 2015 -106 Attachments June 1. 2015 Appendix A: Notice of future application amendment re: Cacouna Facilities (TransCanada) Appendix B: Invitation to the East Coast Energy Connection Conference (June 9 -10) Page 4 of 4 129 E April 2, 2015 National Energy Board 517 Tenth Avenue S.W_ Calgary, Alberta T2R OA8 Attention: Ms. Sheri Young Secretary of the Board Dear Ms. Young: TransCanada In business to deliver 450 - 1 Street SW Calgary, Alberta T2P 5H1 Tel: (403) 920 -2161 Fax: (403) 920-2409 Email: kristine delkus@transcanada,com Filed Electronically Re: Energy East Pipeline Ltd. (Energy East) TransCanada PipeLines Limited (TransCanada) Energy East Project and Asset Transfer Applications (together, the Application) National Energy Board (Board) File OF- Fac- Oil -E266- 2014 -01 02 Future Amendment of Application re Cacouna Facilities Energy East and TransCanada (together, TransCanada) wish to advise the Board of an amendment to the Application that we anticipate filing in the last quarter of 2015. The amendment will relate to the proposal for a marine terminal and oil storage facilities in Quebec. The Application filed on October 30, 2014 included a marine terminal and oil storage facility to be located adjacent to the existing port of Gros Cacouna in the Province of Quebec (Cacouna Energy East marine terminal). Waters off of Gros Cacouna are included within the designated critical habitat for the St. Lawrence Estuary population of beluga whales. In November 2014, the Committee on the Status of Endangered Wildlife in Canada ( COSEWIC) recommended the re- designation of this whale population from a threatened to an endangered species. TransCanada immediately announced the suspension of investigative work related to the Cacouna Energy East marine terminal in order to assess the implications of the COSEWIC recommendation for those facilities. In its Supplemental Report No. 1 dated January 2015, TransCanada confirmed that it had made a decision to stand down from any work at Cacouna to enable further evaluation and stated that an update as to its intentions would be provided at the end of the first quarter 2015. The evaluation has now been completed and the decision made to not proceed with the Cacouna Energy East marine terminal. 130 April 2, 2015 Page 2 Further analysis and consultation is required to assess the viability of other options for the siting of a marine terminal and oil storage facility. Once that analysis is complete, TransCanada will advise the Board of its decision along with the timeframe for filing of the required amendment. At this time, we anticipate filing the amendment in the last quarter of 2015. In the meantime, TransCanada will continue to provide information to complete its evidence according to the schedule that is set out in Supplemental Report No.2, filed with the Board by- way of a separate filing of today's date. TransCanada asks that the Board continue its consideration of the Application so that a determination of completeness may be made as soon as possible after the amendment is filed. If the Board has questions about the matters raised in this letter, please contact me or TransCanada's representatives listed in the Application. Yours truly, Energy East Pipeline Ltd. and TransCanada PipeLines Limited Original signed by Kristine Delkus Executive Vice- President and General Counsel cc. Carolyn Pharand, Senior Operations Officer, Major Projects Management Office 131 ENERGY CONNECTION '.Mwe ereriy caner ti74the: 132 East Coast ENERGY CONNECTION Where energy comes together The Saint John Region Chamber of Commerce is preparing to lead a powerful conversation this summer. From June 9 -10, the Port City wil be hosting the inaugura' East Coast Energy Connection conference at the Saint John Trade and Convention Centre. The East Coast is well positioned to seize opportunities as an emerging regional player in the global energy marketplace. The combination of connections on the East Coast is unique. We have storage and distribution, gems ration and trEmsmission, cruda and refinec{ Products, connections to the sector, to the industry, to the business community, and to the world. 133 Businesses in our region z;'c pol_ed to benefit from a rapidly evolvi,ig global energy sector and emerging major energy projects on t.)e East Coast of Canada and the United States. This conference is a unique op aortunity to learn how we can prepare ourselves for success. East Coast Energy Connection — presented in conjunction with Port Days — will include sessions from experts on Global Energy Markets, Energy & Business, Energy & Society, and m:jch more. To fina out mwc- M:sit, ++ WW.TheChambarS.f_com East Coast ENERGY CONNECTION Where energy comes together Saint John Region Chamber together with Energy Stakeholders launch new initiative that focuses on East Coast energy potential May 6, 2015 —Saint John, NB —The Port City will be a gathering place for business and community leaders from across the region to participate in the inaugural East Coast Energy Connection conference. The conference will take place June 9 -10 at the Saint John Trade and Convention Centre, in conjunction with Port Days. "Our region is an energy powerhouse," says Pedro Boyra, Canaport LNG's General Manager. "World energy markets are evolving quickly, and the whole Eastern Seaboard is poised to be a major player. This conference is a unique opportunity to learn how we can prepare ourselves for success." East Coast Energy Connection will feature distinguished speakers from organizations such as Shell, the Department of Natural Resources Canada, the U.S. Chamber of Commerce's Institute for 21st Century Energy, Emera, PENN State - Marcellus Institute for Outreach and Research, University of Calgary, Cape Breton University, Nalcor, NB Power, the Oil and Gas Journal, Lorneville Mechanical, Innovatia, Opportunities New Brunswick, Trans Canada and many more. "The East Coast is an emerging regional player in the global energy marketplace," says Grant Kimball, Chair of the conference task force and incoming Chair of the Chamber. "Our unique combination of energy connections includes refining, generation, storage, distribution, and transmission infrastructure with connections to the sector, to the industry, to the business community, and to the world." Topics to be covered: How the North American and global energy sector is increasingly impacting our region • Regional major energy project investment overview • Emerging supply chain development opportunities • How energy infrastructure investments will transform the international northeast region • How the energy sector and major energy projects support economic diversification, innovation, and the creation of new business opportunities for our region • Exploring engagement and partnership best practices while facilitating responsible energy development East Coast Energy Connection's task force includes the Atlantica Centre for Energy, City of Saint John, Emera New Brunswick, Enterprise Saint John, EY, Government of New Brunswick, Irving Oil, Port Saint John, Shred Guard and the University of New Brunswick. "This event is a true collaboration by many partners," says David Duplisea, CEO of the Chamber. "It speaks to our united belief that our region is emerging as a global energy player. The conference is also 134 an opportunity to celebrate and highlight the many innovative energy facilities and businesses we have here" Sponsors to date include Atlantica Centre for Energy, Canaport LNG, City of Saint John, Emera New Brunswick, EY, Progress Media, National PR, Port Saint John, Shred Guard, and the University Of New Brunswick. To register for the East Coast Energy Connection conference, and to find out more, please visit: http: / /www.theChamberSJ.com/ The Saint John Region namber of Commerce is a nationally accredited business or dedicated to fostering an economic dimate that enhances growth, prosperity, and an improved quality of fife in the community. With dose to 1000 businesses, representing the interests of 37,000 people, The Chamber is a dynamic advocate and the prrnC►pal voice for the business Community of Greater Saint John. It offers a variety of programs, activities, services, and networking opportunities designed to enhance the business prospects of members and the overall business dimate of the area. For more information contact: Patrick Beamish (506) 609 -1119 pbeamish @thechambersi.com -30- 135 REPORT TO COMMON COUNCIL M &C-- 2015 -102 May 20, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: 1$9 Prince William — Federal Surplus Property BACKGROUND: 7it City of Saint john The Federal Government has deemed the land and building located at189 Prince William Street, Saint John, NB as surplus to its needs. As protocol they have made the building available to the City of Saint John prior to calling for public interest. The building is approximately 100,000 square feet comprising 7 stories. The building sits on about 30,000 square feet. The asking price for the building is set at $3 million. The building does have some inherent issues which were disclosed by the vendor; The HVAC system is in poor condition and may need replacement. v The building cladding needs repair estimated at up to $2 million. r The building has no vapor barrier thus has no humidification system within. The City has no apparent or obvious need to own this building based on current priorities and the criteria set for space requirements for such initiatives as City Hall. The purpose of the report is to ensure Council was aware of the offering as all decisions regarding real estate and real property are that of Council's. 136 M &C- 2015 -102 -2- May 20, 2015 RECOMMENDATIONS That staff be directed to thank the Federal Government (Public Works) for the offer and decline the opportunity to purchase 189 Prince William St. Respectfully submitted, riar�-- Ir�i�g� B Manager Re Estate nS Eck Woods, CGA City Manager J. /Womans, CPA, CGA, MBA Fit*ncVand Administrative Services 137 REPORT TO COMMON COUNCIL M &C --2015 -108 May 27, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Request to Conduct a Surface Remote Sensing Survey of City Land at Vulcan Street — PIDs # 0002444 & 55147482 BACKGROUND City of Saint John Staff has been approached by Gracme F. Somerville with a request to conduct a surface remote sensing survey of a parcel of City owned land in the South end in order to determine whether or not there is an unregistered historic cemetery present at this location. Although Mr. Somerville's letter only references PID # 0002444 as the site for investigation, the southerly adjacent PID # 55147482 is also owned by the City, & is also part of the locus that he wishes to have surveyed. A copy of Mr. Somerville's letter is attached to this report. The land in question is bounded by the East side of Charlotte St, the South side of Vulcan St., the West side of Sydney St., and the North side of CNR land . It measures 10,570 square metres + / -, was the site of the boiler house of the former sugar refinery, and is currently a vacant lot. It was acquired by the City in 2003 from Lantic Sugar Limited. It was contaminated land at that time. It was subsequently remediated and is now deemed appropriate for slab on grade commercial purposes. More recently it was tied into the Atlantic Potash Corporation land option. Staff have reviewed Mr. Somerville's request and would recommend its approval provided that: 1) sufficient insurance & indemnities are provided by Mr. Somerville and his consultant(s), and, 2) the surface of the land is not disturbed during the survey(s), 138 M & C — 2015 —108 Vulcan Street Land PIDs # 0002444 & 5147482. May 27, 2015 RECOMMENDATIONS That the City of Saint John give permission and license to Graeme F. Somerville, his agents and contractors, to enter upon City lands designated by PID Nos. 2444 and 55147482 to conduct a surface remote sensing survey of the said lands (the Project) provided that during the Project the surface of the said lands is not disturbed; that prior to entry upon the said lands to carry out the Project Mr. Somerville obtains commercial general liability insurance for the Project in the amount of $2,000,000.00 with the City as an additional insured and agrees that he shall have no claim against the City for loss or damage and will indemnify and save the City harmless and that the Project will be completed by July 31, 2015; 2. And that the Mayor and Common Clerk are authorized to execute a Licence for the Project. Respectfully submitted, Paul Wilson, BBA Real Estate Officei eomans, CPA, CGA, MBA C is oner of Finance an A inistrative Services Attachments PWW /p 139 �/—:ffaffrvzng BBA Manager Real Estate Patrick Woods, CGA City Manager -2- Description of Plan: Vulcan / Sydney / Charlotte Street Area N PID: 0002444 & Portion of Former Lantic Sugar Refinery k 55147482 Site A PAN: 01619705 Date: 27 May, 2015 140 Mr. Patrick Woods, City Manager, City of Saint John P. O. Box 1971, Saint John, NB E2L 4L 1 Dear Mr. Woods, 84 Beach Crescent, Saint John NB, E2K 2E4 May 4, 2015 i re: Lot south of Vulcan Street PID 0042444 This letter is a request to conduct a surface remote sensing survey of the above vacant lot which, I understand, is owned by the City of Saint John. Based on extensive research, I believe that there is very likely an unregistered historic cemetery at this location. There are many reasons to believe the lot was used as a graveyard for upwards of sixty years following the landing by the Loyalists who settled here in 1783, and possibly was a graveyard prior to that date. The reasons are as follows: (A) About 1793 the British forces established fortifications in the south end of the City one of which, at the intersection of Vulcan and Charlotte Streets, was named the `Graveyard Battery'. (B) In 1830 a petition was placed before the City Council because the military had erected a fence across Sydney St. and posted a sentry there thus restricting the citizens having access to the nearby beach and cemetery. (C) In 1895 nine pine coffins were discovered, apparently of pre- Loyalist vintage, while excavating for a foundation just a bit south of the Graveyard Battery site. (D) Finally, the Loyalist Burial Ground did not open until the fall of 1785 and the winter living conditions in Saint John in 1783/1784 and 178411785 were such that many deaths occurred. It is probable the burials took place in the `Battery Graveyard'. In an effort to the identify this graveyard, as well as determining the extent thereof, I am prepared to engage the services of archeologists and geophysicists with the Fredericton office of Amec Foster Wheeler, who are eminently qualified for this type of work. The archeologists and geophysicists at Amec Foster Wheeler are proposing a two phase approach, neither of which will involve the physical penetration of the surface of the lot, other than the temporary placing of some survey stakes which will be removed at the completion of their work. Each phase will take one day in the field, The first phase will be to conduct an electromagnetic (EM) survey of the entire lot. This survey would indicate broad differences in the sub - surface soils and may indicate where on 141 The second phase, if deemed necessary, will involve the use of ground penetrating radar (GPR), which could potentially identify the location of individual interments. It will be a significant historical discovery if the graveyard can be identified and especially if the presence of grave markers (possibly of stone or iron) can be located. I believe that it is in the City's best interests to know of the existence of this unmarked historic military and civilian cemetery on City property. This work will not involve the City in any way, other than granting permission for the survey. Nor will it create any liability upon the City. The cost of Amec Foster Wheeler's work will be my responsibility. As a researcher and publisher, and with an interest in the City's history, I am extremely keen in locating this documented heritage resource. I will gladly share the results of the remote sensing surveys with the City. We wish to conduct the surveys in June or July of this year. Therefore, I hope that approval of this request can be received in May of this year. Upon receipt of your approval, Amec Foster Wheeler will procure the required archaeological research field permit from the provincial regulator to conduct these field investigations. If the coarse grass proves to be an impediment to the EM and GPR surveys the coarse grass will have to be mowed and the cuttings removed. this will be done by a qualified Saint John landscaping company. There will be no expense to the City for this. I reiterate that these remote sensing investigations will have no physical impact on the property, other than the use of a few temporary survey stakes to aid in conducting the surveys. Should you need additional information I can be reached at 632 -2020. I look forward to hearing from you in the near future. Sind ely, Graeme . LSomerMvillc cc: Councillor D. E. Reardon cc: Darcy J. Dignam, Senior Archaeologist, Amee Foster Wheeler 142 May 25, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Recommended Appointments to Committees The Committee of the Whole, having met on March 16, 2015, adopted the following resolution: "RESOLVED that as recommended by the Nominating Committee, having met on March 2, 2015, the Committee of the Whole recommends the following appointments to committees: Harbour Station Commission: to appoint Gary MacDonald to a three year term from May 27, 2015 to May 27, 2018." Sincerely, --101�10001 Mel Norton Mayor SAINT JOHN P.O. Box 1971 5aintjohn, NS Canada E2L4L1 wwwsairtiohn.ca C.P. 1971 Saint John, N.-B. Canada E2L4LI 143 /Jl 'rho CIW oPsohgohn May 25, 2015 Deputy Mayor Rinehart and Councillors, Subject: Committee of the Whole: Recommended Appointments to Committees The Committee of the Whole, having met on March 16, 2015, adopted the following resolution: "RESOLVED that as recommended by the Nominating Committee, having met on March 2, 2015, the Committee of the Whole recommends the following appointments to committees: Harbour Station Commission: to appoint Gary MacDonald to a three year term from May 27, 2015 to May 27, 2018." Sincerely, --101�10001 Mel Norton Mayor SAINT JOHN P.O. Box 1971 5aintjohn, NS Canada E2L4L1 wwwsairtiohn.ca C.P. 1971 Saint John, N.-B. Canada E2L4LI 143 The City of Saint John May 29, 2015 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Uptown Saint John Request to Present Motion: That the City Manager be directed to schedule a brief presentation from Uptown Saint John with respect to an overview of the entity and its operations. Respectfully Submitted, Donna Reardon Councillor - Ward 3 (received via email) q� %, AIK'T;9. --VN P.O. [fix 1971 Sal "3 Juhn, N-R �1 2nAka FAAL7 � �,viv�pes�ir� #jK�hrz.�a � I -T. 1971 Saint John, NA. Canada 114LI 144 f 4 r" The City of saint John June 1, 2015 Deputy Mayor and Councillors Subject: Emera New Brunswick Field - Shamrock Park (the "Project ") The Committee of the Whole, having met on June 1, 2015, made the following recommendation: RESOLVED that Common Council authorize the Commissioner of Finance to release to Gulf Operators Ltd. holdback funds respecting already completed work on the Emera New Brunswick Field at Shamrock Park in the amount of $53,392.50 respecting Contract No. 2014 - 085101 T. Sincerely, Mel Norton Mayor -SMNT ;011N P.O. Rox I97J Slain t john, NK Canada E2L 4L1 I Vvvvwsainti ohmca I CA 1971 Saint Join, NA. Canada E2L 4Li i 145 t i The City of Saint John June 1, 2015 Deputy Mayor and Councillors Subject: Job Evaluation and Compensation Review (ManagementlProfessional Staff) The Committee of the Whole, having met on June 1, 2015, adopted the following resolution: RESOLVED that the Committee of the Whole recommends that Common Council: 1. Approve a 1 % economic increase for all Management and Professional Staff retroactive to 1 January 2015. 2. Adopt the Hay recommendations, and replace the existing City of Saint John Management I Professional job classification system, salary grid and salary administration procedures with: a) A new salary ladder chart (as referenced in slide 7, Attachment C); b) A new salary grid that reflects both the external market as well as internal changes in the job ranking system (as referenced in slide 10, Attachment C), and; c) New City of Saint John Management 1 Professional salary administration guidelines (as referenced in Attachment B). 3. Direct the City Manager, in cooperation with the Human Resources Department and Senior Management, to: a. Advise each Management 1 Professional Employee of his or her placement within the new salary administration structure; b. Move each employee whose salary is between steps in the recommended Hay salary structure to the next highest step in the new salary grid, effective July 1, 2015; c. Implement the appropriate salary administration guidelines and procedures required to introduce and maintain the new Hay Job Classification and Salary Administration systems for all City of Saint John Management and Professional Staff. d. Establish an ongoing process to maintain job evaluation and job grading going forward, and; e. Re- assess overall salary competitiveness on an annual basis. 4. As per the original December 9, 2013 resolution, Council request the City Manager to return with any recommended changes to the Terms and Conditions of Employment for Management i Professional Personnel and related human resource management policies. Sincerely, _-i� Mel Norton D @ or -.; SAA-N,T SOILNT P.O. PK)x 1971 ain't. jIMo, NR � �s pia ".e1_.4LI � wvv4 .�.,A1 kA1F).CJ � L..1: 1977 Saint John, N_-B. Canada EA 4U] 146 Committee Of The Whole - 6 - ATTACHMENT A: Table I - Costs Associated With Implementing the City Manager's and Hay Group Recommendations Cost Component Base Employer Total Salary Contributions Cost Expense and Benefits (Including Pension_ ) 2014 payroll for all Management F $8.1 $3.5 $11.6 Professional positions covered by this study. Million Million Million 1% economic adjustment to bring 2014 $81,000 $35,000 $116,000 payroll to 2015 (retroactive to January 1, 2015). Estimated annualized cost of implementing $70,000 $29,000 $99,000 the Hay recommendation to place each Management / Professional Employee at the next highest step on the new salary grid (effective July 1, 2015). Estimated 2015 cost of implementing the $35,000 $14,500 $49,500 Hay recommendation to place each Management / Professional Employee at the next highest step on the new salary grid (effective July 1, 2015). Total estimated 2015 costs associated with $116,000 $49,500 $165,500 implementing a 1% economic adjustment (effective January 1, 2015) and the introduction of the Hay salary grid (effective July 1, 2015). Percentage impact on salary and total 1.4'% 1.4% 1.4% compensation costs in 2015 for all impacted Management / Professional employees. Percentage annualized impact on salary and 1.9% 1.9% 1.9% total compensation costs for all impacted Management / Professional employees. 147 Committee Of The Whole - 7 - ATTACHMENT B: Supporting Salary Administration Guidelines for Management J Professional Staff 1. The Development Zone is to be used in situations where the incumbent in the role does not possess to full qualifications that would be expected in the role, or is developing in the role, both in term or learning skills or working to improve performance. 2, The Exceptional Zone is to be used in situations where incumbents consistently exhibit exceptional performance, have exceptional skills or background, or to address attraction and retention issues in the face of severe and sustained market pressure. Employees whose salary is within the Development should receive discretionary annual increases based on each situation, although a typical increase would be 2.5% plus the annual economic increase, if applicable. It should be noted that once the employee is no longer developing in the role, their salary should be raised to Step 1. Likewise, if an employee whose salary is within the Exceptional Zone and ceases to exhibit the conditions that justified the salary placement in the zone, their salary should be frozen until the range catches up and the employee's salary is within the step structure again. 4. The hiring rate should be Step 1 or Step 2 for an incumbent who meets the requirements of the role. 5. Progression through the steps should occur on an annual basis, subject to satisfactory performance. 6. Employees should receive, annually, a step increase (if eligible and subject to satisfactory performance) as well as an economic increase applied to the overall salary structure. Economic or overall salary grid increases are set annually based on local market conditions, and require approval by Common Council. Economic increases typically range between 1 % and 2 %, In certain situations where performance is deemed exceptional, an increase equivalent to 2 steps could be granted to an employee. 7. Upon promotion to a new position with a higher job grade, the incumbent is eligible to progress to a level no greater than one step higher than their current equivalent step in the higher job grade. Promotional increases typically range from 5% and 10 %, but could be higher for senior management roles. 8. Acting pay should be provided as a separate premium to regular pay for the duration of the acting role. Acting pay should then be cancelled when the acting role ends. Acting pay would be the equivalent step in the range that corresponds to the acting role. 9. Upon implementation of the proposed structure, employees' salaries will be placed on the next higher step of the new structure. M. Committee Of The Whole - 8 - 10. Employees with a salary below the minimum should receive an immediate increase to at least the minimum (of the Development Zone). For those employees as well as all employees landing within the Development Zone, individual consideration should be given to determine whether their placement in that zone is appropriate or whether they should be moved immediately to Step 1. 11. Employees with a salary above the maximum will be frozen until the range catches up (red - circling). Employees whose salary lands within the Exceptional Zone will also receive individual consideration to determine whether their being in that zone is appropriate. If not, their salary should be frozen until the range catches up. 149 HayGroiTr HayGroW Sections • Background • Introduction ■ Summary of recommendations ■ Job evaluation review & ladder chart • Custom market findings • Proposed salary structure • Salary administration guidelines • Summary of Hay Group findings • City Manager's response • Proposed next steps • Questions and answers 151 © 2015 Hay Group. All Rights Reserved 3 5 6 7 8 10 11 12 13 14 15 HayGroiTr 36� IF *A MJV7 1 430 k- 1 73000 Offices in 49 countries -- ,). All Rights Reserved Employees worldwide 152 International clients I HayGmTr An employee -owned global management consulting firm that works with leaders to transform strategy into reality. Our core business is helping organizations work, and we stay true to this concept in practice We have a unique understanding of how organizations and people work. Our 50 years of experience working with organizations ranging from Global 100 companies to organizations in the broader public sector means that we never underestimate the value of "market practice" and "corporate governance" We have the most comprehensive pay database in Canada and the world, extensive experience working in the broader public sector, and are backed by the world's leading methodology of determining the true complexity of roles We access emerging global trends through our international network and local country research, and have unparalleled experience with and insight into rewards programs in organizations around the world 153 © 2015 Hay Group. All Rights Reserved HayGmTr ■ Hay Group is pleased to have been retained by the City of Saint John ( "City ") to: Conduct a job ranking exercise using the Hay method of job evaluation - Perform a market compensation study to review the City's market competitiveness against its peers - Develop a salary structure to reflect changes internally and to stay competitive with the market ■ For the purpose of the job evaluation review, we: Evaluated all jobs in scope using the Hay method of job evaluation Developed a ladder chart to reflect current ranking structure ■ For the purpose of the market review, we: Conducted a custom market survey comprising a pre - selected peer group of 8 organizations primarily municipalities and within the broader public sector) for 21 benchmark jobs within the City - Benchmarked the City's compensation against the following broader markets from the Hay database: (i) national general industry and (ii) national broader public sector, both adjusted geographically for New Brunswick © 2015 Hay Group. All Rights Reserved HayGroW ■ Job evaluation -- We evaluated all roles within the scope of this review and recommend the adoption of the new ladder chart - Continue to provide same pay opportunity for male and female jobs, regardless of the number of job incumbents ■ Compensation market review We recommend the implementation of a new salary grid to reflect the external market as well as internal changes in the job ranking system - We also recommend revising the salary administration guidelines to support the new structure © 2015 Hay Group. All Rights Reserved HayGmTr A City Manager /Chief Administrative Officer E Assistant Comptroller B City Solicitor Deputy Common Clerk Commissioner Growth & Community Development Services Manager Corporate Communications Commissioner of Finance & Admin Services Manager of Employee & Labour Relations Commissioner Strategic Services Manager of Materials Management Manager, Fleet Management Commissioner, Saint John Water Manager, Infrastructure Development Commissioner, Transportation and Environment Manager, Real Estate Fire Chief Manager, Risk Management F Access & Privacy Officer C Chief Building Inspector and Deputy Commissioner, Growth & Community Development Services Energy Manager Common Clerk Intergovernmental Affairs Manager Manager of Safety and Policy Comptroller Municipal Engineer Deputy Commissioner, Parks & Public Spaces Municipal Engineer- Infrastructure & Development Deputy Commissioner, Planning & Development Operations Manager, Environmental Protection Deputy Commissioner, Saint John Water Operations Manager, Parks Deputy Commissioner, Saint John Water Operations Manager, Saint John Water Operations Manager, Sports and Recreation Facilities Deputy Commissioner, Transportation and Environment Service Operations Manager, Transportation and Environment Services Deputy Fire Chief Operations Manager, Water and Sanitary Systems Engineering Manager (Dep. Commissioner of Engineering) Operations Manager, Water Treatment & Instrumentation Executive Director Recreation & Program Manager Senior Manager, Human Resources Senior Heritage Planner Senior Planner D Deputy Building Inspector Senior Technical Services Engineer Division Chief, Fire Prevention & Investigation Division /Platoon Chief Traffic Engineer and Operations Manager Division Chief, Fire Training and Special Operations G Administrative Officer Division Chief, Safety, Standards and Emergency Management Communications Officer Corporate Planning Officer Manager of IT GIS Manager Manager, Corporate Planning Human Resources Officer Manager, Emergency Management Real Estate Officer Manager, Facility Management Systems Manager H Manager, Water Use Management Platoon Chief Planner Solicitor Technical Services Engineer— Junior 156 © 2015 Hay Group. All Rights Reserved HayGmTr The following 8 organizations participated in the custom market survey (13 organizations were invited, 5 declined to participate): - Bell Aliant - Cape Breton Regional Municipality - Charlottetown, City of - Fredericton, City of - Moncton, City of - Halifax Regional Municipality - NB Power Saint John Energy ■ Participants matched their data to the City's on a "job match" basis. Summary job descriptors were provided for each role in the survey tool for this purpose ■ The data was analyzed for each of the 21 benchmark jobs ■ Results were organized on an aggregate basis 157 © 2015 Hay Group. All Rights Reserved HayGmTr ■ The graph below outlines the trendline for the City against the market. Data is plotted using the revised evaluation of each benchmark job, assuming that the evaluation for each benchmark role is the same for the market and for the City ■ Overall, the base salary at the City of Saint John is competitive against the market. © 2015 Hay Group. All Rights Reserved $250,000 $200,000 $150,000 a $10ap00 $50,000 City of Saint John us. Market - ''Actual Base Salary" 1M1, A Sa'inl Iohn $o 0 500 1000 1500 2000 2500 Job Evaluation Total Points HayGmTr ■ Overall, the City's salaries were found to be competitive compared to the external market ■ Hay Group recommends the following salary structure to ensure that the City stays competitive with the external market and maintains internal equity © 2015 Hay Group. All Rights Reserved Grade A (CAO) Developmental Step Structure zone ..� Step 1) $150,800 $165,900 $170,000 $174,200 . . .. zone ..0 above $178,600 $183,100 $201,400 B $116,500 $128,100 $131,300 $134,600 $138,000 $141,400 $155,500 C $93,500 $102,900 $105,500 $108,100 $110,800 $113,600 $125,000 D $81,400 $89,500 $91,700 $94,000 $96,400 $98,800 $108,700 E $75,400 $82,900 $85,000 $87,100 $89,300 $91,500 $100,700 F $70,100 $77,100 $79,000 $81,000 $83,000 $85,100 $93,600 G $64,600 $71,100 $72,900 $74,700 $76,600 $78,500 $86,400 H $60,100 $66,100 $67,800 $69,500 $71,200 $73,000 $80,300 1 $54,700 $60,800 $62,300 $63,900 $65,500 $67,000 $73,700 © 2015 Hay Group. All Rights Reserved HayGmTr ■ Development Zone: development, learning, performance improvement zone ■ Exceptional Zone: exceptional circumstances, high demand skills, attraction and retention issues in the face of market pressure, extraordinary scope ■ Normal hiring rate: Step 1 or Step 2 for an incumbent who meets the requirements of the role ■ Progression through the steps should occur on an annual basis, subject to satisfactory performance ■ All steps increase by a maximum of 2.5% ■ Upon implementation of the proposed structure, it would be expected that employees' salaries be placed on the next higher step of the new structure ■ Employees whose salary falls outside the range will be addressed on a case -by -case basis 160 © 2015 Hay Group. All Rights Reserved HayGroW ■ Job evaluation Adopt the new salary administration chart ■ Compensation market review Implement the new salary grid to reflect the external market as well as internal changes in the job ranking system - Revise the City's salary administration guidelines to support the new structure Process Establish an ongoing process to maintain job evaluation and job grading going forward - Re- assess overall salary competitiveness on an annual basis © 2015 Hay Group. All Rights Reserved HayGmTr We underwent a comprehensive review process that resulted in an objective, third party analysis of our Management / Professional salary system. Adopting the Hay Group recommendations will provide: • Fairness in our salary administration process, ensuring internal equity • Pay that is competitive with the external market • An objective process to place jobs in a salary grade system that is in line with the principles of internal equity and pay equity • A reasonable adjustment process that will bring all salaries in line with the new process: Each employee will be met with to discuss his or her current placement in the new salary administration structure 2. An employee whose salary is between steps in the range will be moved to the next highest step in the salary grid on July 1, 2015 3. A strategy will be developed for each salary outside the range to bring it in line with the recommended structure © 2015 Hay Group. All Rights Reserved .lyL 4- The City of Saint John June 1, 2015 Deputy Mayor and Councillors Subject: Atlantic Potash Option Renewal The Committee of the Whole, having met on June 1, 2015, adopted the following resolution: RESOLVED that the Committee of the Whole recommends that Common Council approve the submitted Option Agreement with Atlantic Potash Corporation for parcels with PIDs 370429, 337386, 55192207, 55220107, 55220099 and 55220172 in the McAllister Industrial Park and that the Mayor and Common Clerk be authorized to sign all related documents. Sincerely, Mel Norton Mayor F ;OWN P.O. -Sax,, 971 SAA "lain, N'S C<��ml �L�iLY� .,.�. ^fsa�is�t��lirz.ca I L:..9' `197 `d Saint Ja�Eir�, N--9- C'An�a�ia f�1,4L1 165 q � REPORT TO COMMON COIJNCIL May 15, 2015 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Atlantic Potash Option Renewal City of Saint John The current option agreement with Atlantic Potash Corporation (APC) has expired. APC is still actively pursuing the project and are confident that the construction of a Potassium Nitrate facility in the McAllister Industrial Park will proceed. Atlantic Potash has now invested $2.5M in the project for the EIA, site evaluation, and base engineering requirements at the McAllister location. They have requested a new option or extension be put in place to allow sufficient time for a final determination to be made. The current status of the project is as follows; The planned build out includes the construction of a Potassium Nitrate facility in three phases of 50,000 tonnes each. The projected impact on job creation, municipal property taxes and economic spin -offs is set out in Table A. The construction of a separate Urea Plant is dependent on global pricing/demand and a firm decision has yet to be made regarding this facility. The Millstream deposit is under evaluation. Initial borehole results and seismic testing for potential reserves have proven positive. Development of a commercial mining operation is a capital intensive undertaking that will take several years to develop and will depend entirely on the financial viability of the project. Construction of the Potassium Nitrate plant is not dependent on the Millstream venture. The potash supply for the project can come from domestic sources or off shore from Belarus. The Environmental Impact Assessment document has now been filed with the Province. The review is expected to take a minimum of 9 -12 months before the Minister's Certificate of Determination is issued. The review will give careful consideration of the environmental, transportation and public safety impacts of the project. Public meetings will be held this spring as part of the EIA review to inform the community of the nature of the project and to solicit feedback. Re- zoning of the property must now proceed and is an integral requirement of the EIA. The re- zoning process will provide an opportunity for Council to hear 166 directly from the community on the related land use considerations. It will also be necessary to finalize a street closing as part of the process. The City Engineer has advised that grey water from the Waste Water Treatment Plant can be used as a source of supply for the facility. Discussions have begun with staff on the specific terms and conditions (rate, capital costs, amortization etc) of a supply agreement. The Company is pursuing various alternatives to secure an affordable energy supply for the Nitrate project. The recent slump in crude oil prices has changed the competitiveness of the various options and has created new opportunities for low cost energy supplies. Analysis The City's primary interest is to have a timely and responsible development of the Nitrate facility that will yield new investment, new jobs, new tax revenues and new opportunities for the community. Likewise the City does not want to forfeit significant development opportunities on the site during the option period. Atlantic Potash needs to know that it has a secure contract in place to acquire the site as it continues to make substantial investments in the EIA process, engineering, safety planning etc to bring the project to fruition. The following terms, designed to address these fundamental interests, are proposed for a new option agreement; Key provisions — I. Option fee $75,000 for up to 12 months — non - refundable if the project does not proceed — equivalent to property tax yield on over $2.75M of development, 2. Eliminated references to need for water, gas, rezoning etc — APCs responsibility is to secure all needed approvals, 3. Carrying costs for property taxes etc — to APCs account, 4. Trigger point for the options is the issuance of the Minister's Certificate of Determination as opposed to a set number of months, 5. Option — option must be exercised at the earlier of 120 days following issuance of Certificate of Determination or 12 months (purpose of 12 month cap is to avoid delay in fulfilling the EIA process requirements) from date of option, 6. Al2 month extension can be sought for an additional $75K if circumstances warrant subject to Council approval, 7. Option fees are applied to the purchase price or forfeited if the project does not proceed, 8. Street Closure — still needs to be completed but can be done concurrently with the Re- Zoning process, 9. Down Payment - $100,000 at time of exercise of option 167 J. _ , 10. Construction — once option is exercised APC has 18 months to commence construction, 11. City retains option to buyback property at $18,000 per acre if no construction (City exposed to lost opportunities if property is tied up for additional 2 years and nothing happens. Reduced buyback rate provides additional $99K to City if exercised.), 12. Construction is defined as installation of footings and foundation for the main processing facility, 13. Remediation — APC is responsible to rectify any site issues should project not proceed The full text of the agreement is attached for Council's consideration. The option is structured to intent APC to satisfy the EIA requirements on a timely basis and to make a decision on the project subsequent to the outcome of the EIA within 120 days. The option fee(s) and the buyback option compensate the City for any lost opportunities that may have arisen during the option period should the project not be realized. The scope and scale of the proposed development is significant and has the potential to offer additional downstream industrial opportunities. It is also a complex development that involves international financing and dynamic market conditions. There is an element of risk associated with providing an option on a large piece of land in the industrial park however on balance the potential benefits of a major new investment in the community warrant continued support of the development. Recommendation That Common Council approve the attached Option Agreement with Atlantic Potash Corporation for parcels with PIDs 370429, 337386, 55192207, 55220107, 55220099 and 55220172 in the McAlister Industrial Park and that the Mayor and Common Clerk be authorized to sign all related documents. Respectfully submitted, J. Patrick Woods, CGA City Manager 168 —6t OPTION Parcel: 99 acres (approximately) of land in McAllister Industrial Park comprising all of the lands designated by PID #370429, #337386, #55192207, #55220107, #55220099 and #55220172, all as shown outlined in green on Schedule "A" hereto (the "Parcel "). Owner: The City of Saint John 15 Market Square P.O. Box 1971 Saint John, New Brunswick E2L 4L1 Purchaser: Atlantic Potash Corporation 72 Charlotte Street P. 0. Box 6789, Station A Saint John, New Brunswick E21, 4S2 Project: The construction and operation on the Parcel of a urea production facility capable of producing 220,000 tonnes per annum of urea (the "Urea Plant ") and /or a potassium nitrate fertilizer production facility capable of producing 160,000 tonnes per annum of potassium nitrate fertilizer (the "Nitrate Plant "). NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of Seventy -Five Thousand Dollars ($75,000.00) of lawful money of Canada, plus HST, if applicable, now paid by the Purchaser to the Owner and is not refundable, the receipt whereof is hereby acknowledged, the Owner hereby gives to the Purchaser an exclusive Option, irrevocable within the time limited herein for exercise to purchase the Parcel together with the appurtenances thereto. 1. This Option is, subject to the conditions set out in clause 2 hereof having been satisfied, exercisable by the Purchaser from the date this Option is executed by the Owner and the Purchaser until the earlier of (i) 4:30 p.m., local time, on or before the one hundred and twentieth (120+0 day following the issuing of the Certificate (see 2(i) below), or (ii) until but not after 4:30 169 2- p.m., local time, on April 30th, 2016 (the "Option Period "). The Purchaser may, upon giving notice to the Owner prior to the expiry of the Option Period, extend the Option Period until but not after 4:30 p.m. local time on April 30, 2017 upon the same terms and conditions contained in this Option, provided that: i. the Purchaser can demonstrate to the Owner that it continues to use commercially reasonable efforts to obtain the Certificate (see 2(i) below) and to advance its consideration of the Project; and ii. on the giving of the said notice the Purchaser pays to the Owner an additional amount of Seventy -Five Thousand Dollars ($75,000.00) plus HST, if applicable, which amount shall not be refundable. 2. Exercise by the Purchaser shall be in writing to the attention: The Common Clerk and delivered by hand, with a copy delivered by hand to the City Solicitor, provided: i. that the Purchaser has received a "Minister's Determination - Conditions of Approval Pursuant to Regulation 87 -83 under the Clean Environment Act in accordance with section 6(6) of the Regulation (the "Certificate "); a copy of which is to be delivered to the Owner by the Purchaser within ten (10) days of its issuing; ii. in the event that the portion of McIlveen Drive running through the Parcel is stopped up and closed, it being understood that the City of Saint John is neither implicitly nor explicitly obligated to enact any by -law or amendment thereto to stop -up and close any portion of McIlveen Drive, the Purchaser shall, at its sole cost and in accordance with engineering plans approved by the Chief City Engineer, relocate to the satisfaction of the Owner all municipal infrastructure located within the limits of the closed street and provide registered easements to accommodate such relocation in favour of the Owner, in form and content acceptable to the Owner; and iii. that the Purchaser shall enter into an Option with the Owner to purchase the former Sugar Refinery site located on Charlotte Street, in the said City of Saint John. 170 .3- All expenditure of monies by the Purchaser to satisfy such conditions precedent are to the account of the Purchaser and there shall be no recourse by the Purchaser against the Owner. 3. The Owner hereby appoints the Purchaser to be the authorized agent of the Owner for the purpose of an application to amend the City's Zoning By- Law. 4. The Owner shall, upon receipt of a plan of survey from the Purchaser, in form and content satisfactory to the Owner, set a date for the Public Hearing to consider the enactment of a by -law to stop up and close that portion of Mcllveen Drive described in clause 2(ii) and shall authorize the publication of a notice of its intention to consider the passing of such by -law. All costs incurred to effect the passing of such by -law, including but not limited to survey, translation, publication and registration, shall be paid by the Purchaser. In the event that a street closing is effected, the lot of Iand thereby created shall be conveyed to the Purchaser, at a cost of ($19,000.00) Dollars (Canadian funds) per acre, plus HST, the Owner and the Purchaser shall each bear their respective cost related to the transaction. 5. During the Option Period all real property taxes levied and incurred in respect to the Parcel by the Owner (the "Costs ") shall be to the account of the Purchaser and shall be paid to the Owner by the Purchaser within thirty (30) days of the date of the invoice to the Purchaser for same. 6. Prior to exercise, and if exercised thereafter until Closing, the Purchaser, by its authorized representatives, with such equipment as may be necessary has a right of access to, in and upon the Parcel at any time provided such right is exercised with as little disturbance as possible to the Owner and does not unduly interfere with the Owner's use of the Parcel at such times and for such purposes to allow the Purchaser to carry out such inspections, surveys, testings and environmental audits as the Purchaser shall deem necessary; any entry by and on behalf of the Purchaser shall be at its and their risk, cost and expense and the Purchaser shall make good any and all damages caused to the Parcel; the Purchaser shall not exercise any access in, to and upon the Parcel until the Purchaser shall deliver to the Owner a Certificate of Insurance naming the Owner as an additional insured, evidencing a policy of commercial general liability coverage on an occurrence basis and containing a cross liability clause, which policy must have an inclusive limit of not less than Five Million ($5,000,000-00) Dollars. The aforesaid Certificate of Insurance must provide that the coverage shall stay in force and not be amended, cancelled or allowed to lapse without thirty (30) days prior written notice being given to the Owner. The aforesaid insurance coverage must remain in full force and effect during the entire term of this 171 Option; the Purchaser for itself and its authorized representatives hereby indemnifies and saves harmless the Owner from and against all matters arising by reason of the exercise by the Purchaser or by its authorized representatives of the rights given by this clause, the Purchaser shall forthwith upon receipt provide to the Owner copies of any and all reports, letters, memos and any other documentation written or electronic, received in respect of all inspections, surveys, testings and environmental audits. 7. During the term of the Option, the Owner shall have the right to freely utilize the Parcel but shall not interfere with the right of access hereinbefore given to the Purchaser. B. This Option is not assignable without the prior written consent of the Owner. The Owner will not enter into negotiations with a third party for the sale of the Parcel during the Option Period. 9. In the event that the Purchaser exercises this Option as hereinbefore provided, it is hereby agreed that a binding Agreement of Purchase and Sale (the "Agreement of Sale ") is hereby constituted between the Owner and the Purchaser, whereby the Owner shall sell and the Purchaser shall purchase the Parcel, in accordance with and subject to the terms and conditions contained herein. The Purchase Price for the Parcel is Nineteen Thousand ($19,000.00) Dollars (Canadian funds) per acre of the Parcel, plus HST, title to which will be conveyed upon payment in full which shall be as follows: i. The sum of One Hundred Thousand ($100,000.00) Dollars paid to the Owner at the time of exercising the Option; ii. All sums paid by the Purchaser to the Owner upon execution of the Option and upon any extension of the term of the Option, shall be credited to the Purchase Price; and iii. The balance of the Purchase Price, plus applicable taxes, on Closing. 10. Harmonized Sales Tax (HST) payable in respect of this transaction shall be in accordance with the Excise Tax Act (Canada). 11. In the event that the Purchaser has exercised the Option and defaults on Closing all monies paid by the Purchaser shall be forfeited to the Owner. 172 -5 12. The Purchase Price shall be paid as stipulated herein and subject to normal adjustments, upon the Owner's delivery to the Purchaser of a Transfer of title in registerable form the effect of registration to be free from all encumbrances save and except: The overriding incidents set out in section 17(4) of the Land Titles Act, S.N.B. 1981, c. L -1.1; ii. Restrictive covenants currently registered on title; iii. Easements currently registered on title; iv. Any easements required from the Parcel for municipal services and public utilities; V. Any public street and /or Land for Public Purpose requirements required from the Parcel; vi. An Option, irrevocable within the time Iimited for acceptance to purchase free from encumbrances and restrictions other than encumbrances and Parcel restrictions existing at Closing, which Option shall arise eighteen (18) months following the Closing, the Parcel, if, at that time the Purchaser has not commenced construction of the project upon the Parcel; this Option shall be open for acceptance in writing pursuant to clause 17 herein for thirty (30) days following the date of its arising at the price of Eighteen Thousand Dollars ($18,000.00) per acre of the Parcel, plus applicable taxes, payable at the Closing of the repurchase not later than thirty (30) days following acceptance, such Closing shall take place at the City Solicitor's Office. "Commencement of the project" means the completion of the installation of the footings and foundation for the construction of the main processing facility for either the Urea Plant or the Nitrate Plant. All expenditure of monies or otherwise by the Purchaser between the Closing and the exercise of this Option and its Closing are to the account of the Purchaser and there shall be no recourse by the Purchaser against the Owner. 13. The Owner shall have good and marketable title to the Parcel free and clear of all encumbrances save and except such as are enumerated in clause 12. The Purchaser shall not call for production of any title deeds, abstracts, surveys, building location certificates, or other evidence of title except such as are in the possession of the Owner. Up to the date of the enactment of the 173 Zoning By -Law Amendment, the Purchaser may examine the title to the Parcel at its own expense. If within that time a valid objection to title is made in writing by the Purchaser to the Owner, which the Owner shall be unable or unwilling to remove within ten (10) days of notification of the said objection or objections and which the Purchaser will not waive, this Agreement shall notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Owner shall not be liable for any of the Purchaser's costs or damages. Save as to any valid objections so made within such time the Purchaser shall be conclusively deemed to have accepted the title of the Owner to the Parcel. 14. The Purchaser's solicitors are hereby appointed Agents of the Owner for the purposes of migration of the title to the Parcel to the Land Titles System and the Purchaser's solicitors shall at the sole expense of the Purchaser, apply for the required PID Approval, certify title to the Lands for the purpose of migration to the Land Titles System and migrate the Lands to the Land Titles System. The Purchaser shall forward to the Owner's solicitors at least five (5) business days prior to the closing date an Application for First Registration (Form 1) and the Owner's solicitors shall forthwith return to the Purchaser's solicitors an Affidavit of Applicant (Form 2) and a Certificate of Notary under the Land Titles Act. 15. All adjustments of interest, rents, taxes, rates and insurance premiums shall be made to the date of closing which shall be on or before 4:00 p.m. (local time) the sixtieth day following the exercise of the Option, on which date the Purchaser shall be entitled to possession of the specified parcel. 16. Vacant possession of the specified parcel and the right to enter, occupy and enjoy the same shall be delivered by the Owner to the Purchaser on the closing. 17. Any notice required shall be in writing and delivered by hand, in the case of the Owner shall be given to the Owner: Attention: The Assistant Common Clerk, City Hall, 8th Floor, 15 Market Square, Saint John, New Brunswick, E2L 1E8 and to the Purchaser Attention: Atlantic Potash Corporation, 44 Chipman Hill, Suite 1000, Saint John, New Brunswick E2L 2A9. 18. Time shall be of the essence. 19. The laws of New Brunswick shall govern. 174 -7- 20. During the Option Period, the Purchaser may terminate this Option in its entirety upon thirty (3 0) calendar days' prior written notice to the Owner. 21. In the event that the Purchaser terminates this Option pursuant to clause 20, the Owner shall be entitled to receive payment of all real property taxes levied and incurred in respect to the Parcel up to the date of termination. 22. The Owner and the Purchaser shall attempt to negotiate all disputes in good faith. 23. In the event the Owner and the Purchaser are unable through good faith negotiations to mutually resolve any dispute, controversy or claim arising out of, in connection with, or in relation to the interpretation, performance or breach of this Option and /or the Agreement of Sale, such dispute, controversy or claim shall be referred to dispute resolution in accordance with Schedule B. 24. This Option shall be read with all changes of gender or number as required by the context. 25. This Option and any Agreement of Sale arising here from shall extend to and be binding upon and enure to the benefit of the Owner and the Purchaser, their successors and assigns. [Balance of page intentionally left blank.] 175 9 .011 DATED at Saint John, New Brunswick on this — day of 2015. [Witness] OWNER: PURCHASER: The City of Saint John Mel Norton, Mayor Jonathan A. Taylor, Common Clerk Common Council Resolution: April 2015 Atlantic Potash Corporation Keith Attoe, Director I have authority to bind the Purchaser 176 Scheduie "A" McAilister Industrial Park Parcel 177 10- Schedule "B" Dispute Resolution Procedure A. Referral to Senior Managemen 1. All disputes arising out of, or in connection with, this Option and /or the Agreement of Sale, or in respect of any legal relationship associated with or derived from this Option and /or the Agreement of Sale, shall within two (2) business days be referred for resolution to the City Manager and the authorized representative of the Purchaser. 2. If the City Manager and the authorized representative of the Purchaser are not able to resolve the dispute referred to them under this section A within seven (7) business days following such referral, the matter shall be referred for resolution by way of mediation upon the willingness of the parties. B. Mediation 1. Despite an agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. 2. If the parties resolve to mediate the dispute referred to them under subsection A -2, the parties shall invoke the following mediation process: (a) Either party shall immediately declare an impasse and provide written notice to the other party within seven (7) business days thereof (or such other period as the parties mutually prescribe) declaring that such party wishes to proceed to mediation and setting out in reasonable detail the issue(s) to be resolved, the proposed time and a list of at least three (3) and not more than five (S) proposed mediators. Each of the proposed mediators shall be an individual: (i) with at least ten (10) years' experience working in an executive capacity or representing clients in the area of public disputes, and (ii) unless otherwise agreed by the parties, with no prior connection, affiliation or other formal relationship with either party. 178 -11- (b) Upon receipt of such notice, the notified party shall have two (2) business days to select one of the proposed mediators as the mediator, failing which the party providing notice shall select one of its proposed mediators as the mediator. Within ten (10) business days following selection of the mediator the matter shall be heard by the mediator. (c) The mediator shall be entitled to establish his or her own practices and procedures. Each party shall co- operate fully with the mediator and shall present its case to the mediator orally and /or in writing within ten (10) business days following the mediator's appointment. The mediation shall not be in the nature of arbitration as contemplated by the Arbitration Act (1992), New Brunswick, and the mediator's decision shall not be binding upon the parties, but shall be considered as a bona fide attempt by the mediator to judiciously resolve the dispute. The decision of the mediator shall be rendered in a written report, not to exceed two pages in length, delivered to the parties within ten (10) business days following the last of such presentations. The fees of the mediator shall be shared equally by the parties. 3. The mediation shall be terminated: (a) By the execution of a settlement agreement by the parties; or (b) By a written declaration of one or more parties that the mediation is terminated; or (c) By a written declaration by the mediator that further efforts at mediation would not be useful. 4. The place of mediation shall be the City of Saint John and Province of New Brunswick. C. Arbitration 1. In the event that the parties are unwilling to mediate their dispute or that the dispute between the parties remain unresolved after mediation has been attempted in good faith, then either the Owner or the Purchaser, upon written notice to the other, may refer the dispute for determination to a Board of Arbitration consisting of 179 -12- three persons, one chosen by and on behalf of the Owner, one chosen by and on behalf of the Purchaser and the third chosen by these two. 2. In case of failure of the two arbitrators appointed by the parties hereto to agree upon a third arbitrator, such third arbitrator shall be appointed by a judge of the Court of Queen's Bench of New Brunswick. 3. No one shall be appointed or act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of either party. 4. Notwithstanding the provisions of the Arbitration Act (1992), New Brunswick, the Board of Arbitration, upon such terms as are deemed by it to be appropriate, may allow a party to amend or supplement its claim, defence or reply at any time prior to the date at which the parties have been notified of the arbitration hearing date, unless the Board of Arbitration considers the delay in amending or supplementing such statements to be prejudicial to a party. The Board of Arbitration will not permit a party to amend or supplement its claim, defence or reply once the arbitration hearing has been scheduled. 5. The Board of Arbitration may encourage settlement of the dispute and, with the written agreement of the parties, may order that mediation, conciliation or other procedures be used by the parties at any time during the arbitration proceedings to encourage settlement. 6. If, during the arbitration proceedings, the parties settle the dispute, the Board of Arbitration shall, upon receiving confirmation of the settlement or determining that there is settlement, terminate the proceedings and, if requested by the parties, record the settlement in the form of an arbitration award on agreed terms. 7- Subject to subsection C -8, any determination made by the Board of Arbitration shall be final and binding upon the parties and the cost of such determination shall be apportioned as the Board of Arbitration may decide. 8. Either party may appeal an arbitration decision to the Court of Queen's Bench of New Brunswick: (i) on a question of law; or (ii) on a question of fact; or (iii) on a question of mixed fact and law. HE -13- 9. The place of arbitration shall be the City of Saint John and Province of New Brunswick and the provisions of the Arbitration Act (1992), New Brunswick, shall apply to the arbitration. 181 The City of saint John June 1, 2015 Deputy Mayor and Councillors Subject: Peel Plaza Surplus Buildings The Committee of the Whole, having met on June 1, 2015, made the following recommendation: RESOLVED that the City of Saint John enter into an Option Agreement with Saint John Non Profit Housing Inc. under the terms and conditions as contained in the document attached to M &C 2015 -101; and that the Mayor and Common Clerk be authorized to sign the agreement. Sincerely, Mel Norton Mayor tvA K "1' f9g!" ?:l. ULv., 1 971 y3 Cart z I; E2; -ew" I tvvmvls,ahi; kn.Gl I C=.R 1971 S„ta,f %n, N-A. 011a-114- I -1,40 ri 182 I The Ciay of Saint John June 1, 2015 Deputy Mayor and Councillors Subject: Saint John City Market — Surrender of Lease Stall "E" and Lease of Space Stall "A" The Committee of the Whole, having met on June 1. 2015, made the following recommendation: RESOLVED that Common Council: 1) Approve the Surrender of Lease for the Stall "E" in the City Market with Cindy Christie as set out in the Surrender of Lease submitted with M &C 2015 -111, and; 2) Approve the lease of space for stall "A" in the City Market with The Butcher's Daughter Gift Shoppe Inc. (682766) under the terms and conditions as set out in the Lease submitted with M &C 2015 -111, and further; 3) That the Mayor and Common Clerk be authorized to execute the documents. Sincerely, Mel Norton Mayor s &1 %, �' X, xFUN i P.O. Rox ! 971 -S a -W ie w7., NS Cx!L 1l UL ;II CY 1971 Sabit. i1 hn, N. -K Gmada EA 4L1 - 183 Form A19 LEASE Standard Forms of Conveyances Act, S.N.S. 1980, c. S -12, s.2 The parties to this lease are: The City of Saint John, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, the "Lessor" - and — The Butcher's Daughter Gift Shoppe Inc., having its registered office at 47 Charlotte Street, Saint John, New Brunswick, E2L 2H8, a corporation under the laws of the Province of New Brunswick, the "Lessee" The "Rules and Regulations" attached hereto as Schedule "D" and the Form attached hereto as Schedule "D -1" form part of this Lease. The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the following conditions: Duration: 5 years Date of Commencement: June 1, 2015 Date of Termination: May 31, 2020 Payment Dates: First day of each and every month during the term hereof Place of Payment: Cashier's Office City Hall Saint John, NB This lease contains the covenants and conditions which are attached and set out in Schedule DATED X2015. SIGNED, SEALED & DELIVERED In the presence of: HE THE CITY OF SAINT JOHN Mayor Assistant Common Clerk Common Council Resolution: 2015 THE BUTCHER'S DAUGHTER GIFT SHOPPE INC. WJA a ix, President I = 0 Co 3 N I Y � iD U J M O J N U ? I 0 3 Y N U C x 'i .J m G) I O N O J U OUTSIDE Window — 13' -3" STALL A Al 404 sq. ft. 13' —DY4" Lease Line Face Y2" of Concrete 8. -11 PEDESTRIAN AISLE COMMON HALLWAY m _ � v {p o r J � Colum x I io �1 1 U Gac D� O Lease Line -- Exterior Wall c UPPER LEVEL O1 — I 0 N A2 y o T X m 162 sq. ft. �+ W Lease Line —Face of Glass MARKET AREA Upper Level No= °nd "lld°" of spar City Market, Stall A Saint John, N.B. 1 hereby certify that the rentable area as shown above is Ground Floor Upper Level 404 Square Feet 1$2 Square Feet Date: May 7. 2015 Scale: 1 w =5' HUGHES SURVEYS & CONSULTANTS INC. Saint John. N-B. Jab M~. Y12 -727 CW Crawkw5wi1 4 OW 2012JM 1 Graven W. KSA I Arne: G/Ga —MCMI) Ground Floor LEASE FOR STALL SPACE CITY MARKET THE BUTCHER'S DAUGHTER GIFT SHOPPE INC. SCHEDULE "C" ARTICLE I DEFINITIONS 1.01 Definitions In this lease: a) "Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor under or pursuant to the terms of this Lease, save only for Gross Rent; b) "Architect" shall mean the architect from time to time named by the Lessor or at the option of the Lessor, the Lessor's general contractor. Any certificate provided by the Architect and called for by the terms of this Lease shall be final and binding on the parties hereto; c) "Commencement Date" means a date determined in accordance with the provisions of Section 2.03; d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in the City Market which from time to time are not designated or intended by the Lessor to be leased to tenants of the City Market, and those areas, facilities, utilities, improvements, equipment and installations which serve or are for the benefit of the City Market whether or not located in, adjacent to or near the City Market and which are designated from time to time by the Lessor as part of the Common Areas. Without limiting the generality of the foregoing, Common Areas includes all parking areas, all entrances and exits thereto and all structural elements thereof, access roads, truck courts, driveways, truckways, delivery passages, the roof; exterior weather walls, exterior and interior structural elements and bearing walls in the building and improvements comprising the City Market, package pick -up stations, loading and related areas, pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage service and janitor rooms and galleries, fire prevention, security and communication systems, columns, pipes, electrical, plumbing, drainage, any central system for the provision of beating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or services located therein or related thereto as well as the structures housing installations, including but not limited to all open and enclosed malls, courts and arcades, public seating and service areas, corridors, furniture, first aid and/or information stations, auditoria, conference rooms, nurseries, childcare play areas and related kitchen and storage facilities, escalators, elevators, public washrooms, music systems and any atrium seating/food court; e) "C.P.I " means the Consumer Price Index (All Items) for Canada (or any index published in substitution for the Consumer Price Index or any other replacement index reasonably designated by the Lessor, if it is no longer published) published by Statistics Canada (or by any successor thereof or any other governmental agency, including a provincial agency); 0 "Atrium Seating/Food Court" means those portions of the Common Areas designated by the Lessor from time to time for use in support of the operations of any group of premises providing quick food service to customers of the City Market and includes, without limiting the generality of the foregoing, public table and seating areas, waste collection facilities and other areas, facilities and equipment intended for such use; g) "HST" means harmonized sales taxes, value -added taxes, multi-stage taxes, business transfer taxes or other similar taxes however they are characterized and any taxes in lieu thereof; h) "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to be hazardous, toxic, contaminants or pollutants in or pursuant to any applicable federal, provincial or municipal statute, by -law or regulation; W Leme for Stan Space — City Market The Butcher's Daughter Gift Shoppe Inc. Schedule "C" - Page 2- i) "Lessor" includes the Lessor and its successors and assigns; j) "Lease" means this indenture of lease and includes any riders and schedules hereto and shall also include any agreements entered into which have the effect of amending this indenture from time to time; k) "Leased Premises" means the premises leased to the Lessee as referred to and described in Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises shall extend from the top surface of the structural subfloor to the bottom surface of the structural ceiling. If the Leased Premises have no ceiling abutting the demising walls, but rather are open to the ceiling of the City Market building, the boundaries of the Leased Premises extend from the top surface of the structural subfloor to the height of the demising walls, 1) "Lease Year" shall mean a period of time commencing on June V and ending on May 31'r of the following year; m) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section 3.01; n) "Operating Costs" means the total cost and expense incurred in owning, operating, maintaining, managing and administering the City Market and the Common Areas, specifically including without limiting the generality of the foregoing, any capital or place of ownership taxes levied against the Lessor or any owners of the City Market on account of their interest in the City Market, in an amount equitably allocated to the City Market by the Lessor; gardening and landscaping charges; the cost and expenses of taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and waste collection and disposal; lighting, electricity, public utilities, loud speakers, public address and musical broadcasting systems and any telephone answering service used in or serving the City Market, and the cost of electricity and maintenance for any signs designated by the Lessor as part of the Common Areas; policing, security, supervision and traffic control; salaries and benefits of all supervisory and other personnel employed in connection with the City Market and management office rent imputed to the Gity Market by the Lessor, acting reasonably; Management Fee, the cost of providing additional parking or other Common Areas for the benefit of the City Market, whether such costs be Taxes or other type of costs; the costs and expenses of environmental site reviews and investigations, removal and/or clean -up of Hazardous Substances from the Common Areas; the cost of the rental of any equipment and signs and the costs of supplies used in the maintenance and operation of the City Market and the Common Areas; accounting and audit fees incurred is the preparation of the statements required to be prepared and supplied by the Lessor under the terms of this Lease; heating, ventilating and air conditioning of the Common Areas; all repairs and replacements to and maintenance and operation of the City Market and the Common Areas; depreciation or amortization of the costs, including repair and replacement, of all maintenance and cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities serving or comprising the City Market or the Common Areas; which are not charged fully in the Lease Year in which they are incurred, from the earlier of the date when the cost was incurred or the Commencement Date, at rates on the various items determined from time to time by the Lessor in accordance with sound accounting principles; o) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the Leased Premises and the denominator of which is the Rentable Area of the City Market; p) "Rent" means all Gross Rent and Additional Rent payable pursuant to the terms of this Lease; q) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors of the Leased Premises measured from: i. the exterior face of all exterior walls, doors and windows; ii. the exterior face of all interior walls, doors and windows separating the Leased Premises from Common Areas; if any; and iii. the centre line of all interior walls separating the Leased Premises from adjoining leasable premises. The Rentable Area of the Leased Premises includes all interior space whether or not occupied by projections, structures or columns, structural or non-structural, and if the store front is recessed from the lease line, the area of such recess for all purposes lies within the Rentable Area of the Leased Premises. 187 Lease for Stall Space— City Market 'file Butcher's Daughter Gift Shoppe Inc. Schedule "C" - page 3 - "Rentable Area of the City Market" means the area in square feet of all rentable premises in the City Market set aside for leasing by the Lessor from time to time, except for any occupancy as designated by the Lessor for which there is no Gross Rent payable. Provided however that the Lessor shall credit to Operating Costs any contributions received in respect of such Operating Costs from the occupants of any of the areas excluded from the Rentable Area of the City Market in accordance with this definition. Provided further that in determining the fraction that is the Lessee's Proportionate Share, if the Leased Premises consists of any of the foregoing excluded categories, the Rentable Area of that category will be included in the Rentable Area of the City Market; s) "Rules and Regulations" means the rules and regulations adopted and promulgated by the Lessor from time to time acting reasonably, including those listed on Schedule "D '; t) "City Market7' means the lands and premises known by the civic address 47 Charlotte Street, Saint John, New Brunswick, as such lands and premises may be altered, expanded or reduced from time to time and the buildings, improvements, equipment and facilities erected thereon or situate from time to time therein; u) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time to time levied, assessed or imposed upon the City Market or any part thereof or upon the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall also include any penalties, late payment or interest charges imposed by any municipality or other taxing authority as a result of the Lessee's late payments of any taxes or instalments thereof. For greater certainty "Taxes" shall exclude any penalties or interest incurred by the Lessor as a result of its failure to pay Taxes in a timely manner, except Taxes shall include any interest in respect of a deferral of payment in accordance with sound accounting practices if permitted by statute or pursuant to an agreement with the taxing authority; and (ii) income, profit or excess profits taxes of the Lessor; v) "Lessee" means the party named as Lessee in this Lease; and w) "Term" means the period referred to in Section 2.03. ARTICLE H GRANT, TERM AND INTENT 2.01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the Lessee leases from the Lessor, the Leased Premises. The Leased Premises is presently designated as Stall "A" (404 ft) and is shown on Schedule "A" attached hereto and contains a Rentable Area of approximately Four Hundred Four Square Feet (404 ft=) as well as approximately one hundred sixty-two square feet (162ft2) of basement mezzanine space. 2.02 Use of Common Areas The use and occupation by the Lessee of the Leased Premises shall entitle the Lessee to the use in common with all others entitled thereto of the Common Areas, subject however, to the terms and conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by the Landlord 2.03 Term of Lease TO HAVE AND TO HOLD the Leased Premises for and during the term of Five (5) years to be computed from June 1, 20115 and fully to be completed and ended on May 31, 2020 save as hereinafter provided for earlier termination. PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a third party as of the date of this Lease, the Commencement Date shall be the earlier of. a) thirty (30) days after the Lessor has delivered vacant possession of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such thirty (30) day period, be completing its work; or b) the opening by the Lessee to the public of its business in the Leased Premises. HE Lease far Stall Space— City Market The Butcher's Daughter Gift Shoppe Inc. Schedule "C" - Page 4- Notwithstanding any change in the Commencement Date calculated in accordance with the preceding provisions hereof, the Terms shall expire on the date set for such expiry in the first paragraph of this Section 2.03, subject always to earlier termination as provided for in this Lease. PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased Promises are available for the commencement of the Lessee's Work, the Lessee shall immediately take possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its inventory, at its own risk, for a period of thirty (30) days after receipt of such notice or until the Lessee opens for business to the public in the Leased Premises, free of the payment of Gross Rent, and Additional Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the Leased Premises during the period of such fixturing, and shall during the period from the giving of such notice until the Commencement Date be a tenant in the Leased Premises subject to the same covenants and agreements as are contained in this Lease, mutatis mutandis. FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason, including but not limited to the holding over or retention of possession of any other lessee or occupant, or the lack of completion of any repairs, improvements or alterations required to be completed before the Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall be extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective obligations hereunder be affected. However, if the Lessor does not give vacant possession of the leased Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option, terminate this Lease by written notice to the Lessee and in such event this Lease shall be null and void and of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or deduction, and neither party shall have any further liability to the other. Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the Lessee shall execute an acknowledgement of same on Lessor's usual form. The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis, from the end of the rent -free period to the last day of the month in which the Commencement Date occurs and thereafter all payments of Rent shall be made on the first day of each month throughout the Term unless otherwise specified herein. ARTICLE III RENT AND DEPOSIT 3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Thirty -Three Dollars and Fifty Cents ($33.50) per square foot of leaseable retail area of the Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance. According to the following schedule: Rate Retail Space Cooler Space Mezzanine Space Basement Space 1 $32.50 $0 $5.31 $0 2 $33.00 $0 $5.31 $0 3 $33.50 $0 $5.31 $0 4 $34.00 $0 $5.31 $0 5 $34.50 $0 $5.31 $0 Year Retail §22ac e Cooler Space Mezzanine Space Basement Space 404 0 162 0 Year Month Year Month Year Month Year Month 1 $13,130.00 $1094.17 $0 $0 $860.22 $71.69 $0 $0 2 $13,332.00 $1,111.00 $0 $0 $860.22 $71.69 $0 $0 3 $13 534.00 $1,127,83 $0 $0 $860.22 971.69 $0 $0 4 $13,736.00 $1,144.67 $0 $0 $860.22 $71.69 $0 $0 5 $13938.00 $1161.50 $0 $0 $860.22 $71.69 1 $0 $0 ow Lease for Stall Space — City Market The Butcher's Daughter Gift Shoppe Inc. Schedule "C" - Pap 5- 3.02 Rent Past Due If the Lessee fails to pay, when the same is due and payable, any Gross Rent, Additional Rent or other amount payable by the Lessee under this Lease, such unpaid amounts shall bear interest from the due date thereof to the date of payment, compounded monthly at the rate equal to four (4) percentage points in excess of the Prime Rate. 3.03 Deposit The Lessor acknowledges receipt of Zero Dollars ($00.00) which it will apply towards the payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or part of the amount retained for application towards the last month's Gross Rent as compensation for any loss or damage arising from the breach by the Lessee of any provisions of this Lease. This right will not be construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of the deposit for the last month's Gross Rent as provided above, the Lessee will, upon notification by the Lessor, pay to the Lessor the amount required to reimburse it for the amounts so applied. The Lessor will not be required to pay interest to the Lessee on any of the amounts paid to the Lessor or retained by it under this section, The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in the City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further liability with respect to the deposit. The Lessee will not assign of encumber its interest in the deposit except in connection with a permitted Transfer, in which case the Lessee's interest in the deposit will be deemed to have been assigned to the permitted Transferee as of the date of the Transfer. 3.04 Pre- Autherized Payments The Lessee shalt participate in a pre- authorized payment plan whereby the Lessor will be authorized to debit the Lessee's bank account each month from time to time during each Lease Year in an amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable, generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. The Lessor shall sign a form of application which is the same or similar to Schedule "D -1 ", or as may be required by the Lessee's bank, credit union or other financial institution. ARTICLE IV TAXES 4.01 Taxes Payable by the Lessor The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with any statute, law, by -law, regulation or ordinance in connection with the levying of any such Taxes in each case to the fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Taxes. 4.02 Taxes Payable by Lessee a) The Lessee shall during the Term pay, without any deduction, abatement or set -off whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises; b) In the case of assessments for local improvements or betterments which are assessed or imposed during the term and which may by law be payable in instalments, the Lessee shall only be obligated to pay such instalments as same fail due during the Term, together with interest on deferred payments; c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the Lessee to keep any covenant contained in this Article, the certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing that the tax, assessment or other charge affecting the Leased Promises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as a lien or charge against the Leased Premises or that it has been paid as such by the Lessor; d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such manner as the Lessee in its opinion shall deem advisable (which proceedings or other steps taken by the Lessee shall be conducted diligently at its own expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed upon or against the Leased Premises or Taxes in lieu thereof required to be paid by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations 190 Lease for Stall Space —City Market The Butcher's Daughter Gift Shvppe Inc. Schedule "C" Page 6 - to pay the Taxes as herein provided pending the contest, but if by law it is necessary that such payment be suspended to preserve or perfect the Lessee's contest, then the contest shall not be undertaken without there being first deposited with the Lessor a sum of money equal to twice the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be imposed upon the Lessor or the Leased Premises. Any costs associated with an appeal undertaken by the Lessor, the Lessee shall pay their proportionate share of such costs; The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills for Taxes which bills after inspection by the Lessor shall be returned to the Lessee. 4.03 HST Payable by Lessee The Lessee shall pay to the Lessor all HST on Rent and any other HST imposed by the applicable legislation on the Lessor or Lessee with respect to this Lease, in the manner and at the times required by the applicable legislation. Such amounts are not consideration for the rental of space or the provision by the Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the same remedies for and rights of recovery of such amounts as it has for recovery of Rent under this Lease. If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as consideration for a modification of this Lease, and the applicable legislation deems a part of the deposit or amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that the Lessor will receive the full amount of the forfeited deposit or other amount payable without encroachment by any deemed HST portion. 4.04 Business Taxes and Other Taxes of Lessee The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable: a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or assessed against or in respect of all improvements, equipment and facilities of the Lessee on or in the Leased Premises; and every tax and license fee which is levied, rated, charged or assessed against or in respect of any business carried on in the Leased Premises or in respect of the use or occupancy thereof whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed by any federal, provincial, municipal or other body. ARTICLE V UTILITIES 5.01 Utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed. ARTICLE VI MERCHANTS' ASSOCIATION 6.01 Merchants' Association If and when an association or corporation of merchants or lessees (the "Association') is formed comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or if such an Association has already been formed, the Lessee shall forthwith become a member thereof and the Lessee shall retain its membership in such Association during the entire Term and shall abide by all rules, regulations, by -laws, decisions, directions, dues and assessments of the Association, Such Association shall in no way affect the rights of the Lessor and any by -laws, Hiles and regulations of such Association shall at all times be subject to the prior approval of the Lessor. 191 Lease for Stall Space — City Matket The Butcher's Daughter Gift Shoppe (no. Schedule "C" . Page 7 - 6.02 Promotion Fund The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in twelve (12) monthly instalments each instalment payable on the I' day of each month during the Term. ARTICLE VII CONDUCT OF BUSINESS BY TENANT 7.01 Use of Leased Premises a) The Leased Premises shall be used continuously, actively and diligently for the sole purpose of a gift shop for the sale of local and Canadian tine crafts and art together with a variety of imported gifts of like quality. The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof for any other business or purpose. In connection with the business to be conducted by the Lessee on the Leased Premises, the Lessee shall only use the advertised name "The Butcher's Daughter Gift Shoppe" and will not change the advertised name of the business to be operated in the Leased Premises without the prior written consent of the Lessor. The Lessee shall not introduce new product lines, or offer new services to its customers without first obtaining the written consent of the Lessor. The Lessee acknowledges that it would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of such product line or service would compete with the business of other tenants in the City Market or infringe on exclusive covenants granted by the Lessor. Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other premises in the City Market to any other tenant(s) carrying on a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises pursuant to this Section 7.01. b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the regular conduct of business therein are of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases therein, the efficient and economic supply of services and utilities, and in the character and quality of other tenants in the City Market The Lessee therefore covenants and agrees that throughout the Term it will occupy the entire Leased Premises, comply strictly with the provisions of Section 7.01 and not vacate or abandon the Leased Premises at any time during the Term. The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business therein, or uses or permits or suffers the use of the Leased Premises for any purpose not specifically herein authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor. The Lessor will have the right, without prejudice to any other rights which it may have under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the provisions of this Section 7.01(b). 7.02 Conduct and Operation of Business The Lessee shall occupy the Leased Premises from and after the Commencement Date and thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall: a) operate its business with due diligence and efficiency and maintain an adequate staff to properly serve all customers; own, install and keep in good order and condition free from liens or rights of third parties, fixtures and equipment of first class quality; and carry at all times such stock of goods and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premises consistent with good business practices; 192 terse for stall Space— City Market The Butcher's Daughtet Gift Shoppe Inc. Scbedule "C" - Page 8 - b) conduct its business in the Leased Premises during such hours and on such days as the Lessor from time to time requires or permits and at no other time. However the Lessee is not required or permitted to carry on its business during any period prohibited by any law regulating the hours of business. If the Lessee fails to open on the Commencement Date or during the days and/or hours required by the Lessor, then in addition to all other amounts of Rent payable under this Lease the Lessee shall pay as Additional Rent to the Lessor upon demand as liquidated damages and not as a penalty, an amount equal to two hundred fifty dollars ($250.00) per day for each and every day that the Lessee is in default. When not open for business the security of the Leased Premises is the sole responsibility of the Lessee; c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and keep the display windows and signs (if any) in the Leased Premises well -lit during the hours the Lessor designates from time to time, acting reasonably; d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale from the Leased Premises, and not use any portion of the Leased Premises for office, clerical or other non - selling purposes except minor parts reasonably required for the Lessee's business in the Leased Premises; e) abide by all rules and regulations and general policies formulated by the Lessor, acting reasonably, from time to time relating to the delivery of goods to the Leased Premises; f) not allow or cause to be committed any waste upon or damage to the Leased Premises or any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the City Market or which unreasonably disturbs or interferes with or annoys any third party, or which may damage the City Market; g) not allow or cause to be done any act in or about the Common Areas or the City Market which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's flow of traffic in any way, obstructs the free movement or parties doing business in the City Market; h) not allow or cause business to be solicited in any part of the City Market other than the Leased Premises, nor display any merchandise outside the Leased Premises at any time without the prior written consent of the Lessor; i) use the name designated for the City Market by the Lessor from time to time and all insignia or other identifying names and marks designated by the Lessor in connection with the advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (i); j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on the roof of any building forming part of the City Market or on any exterior walls of the Leased Premises or in any of the Common Areas. Any such installation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical devices in a manner so that they can be heard or seen outside of the Leased Premises without the prior written consent of the Lessor. If the Lessee uses any such equipment without receiving the prior written consent of the Lessor, the Lessor shall be entitled to remove such equipment without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; 1) not install or allow in the Leased Premises any equipment which will exceed or overload the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which the Lessor has not approved. if the Lessee requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if they are available elect to install them at the Lessee's expense and in accordance with plans and specifications to be approved in advance in writing by the Lessor; m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the Leased Premises or overload the floors of the Leased Premises. Any such 193 tease for Stall Space— City Market The Butcher's Daughter Gift Shoppe Inc. Schedule "C" , Page 9- machinery, equipment, article or thing shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damages as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; observe and comply with all federal, provincial or municipal laws pertaining to or affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Leased Premises, and the regulations of any insurance underwriters in respect of the insurance maintained by the Lessor in respect of the City Market, and carry out all modifications to the Leased Premises and the Lessee's conduct of business or in use of the Leased Premises which may be required by any such authorities. 7.03 Prohibited Activities The Lessee acknowledges that it is only one of many tenants in the City Market and that therefore the Lessee shall conduct its business in the Leased Premises in a manner consistent with the best interests of the City Market as a whole; The Lessor shall have the right to cause the Lessee to discontinue and the Lessee shall thereupon forthwith discontinue the sale of any item, merchandise, commodity or the supply of any service or the carrying on of any business, any of which is either prohibited by this Section 7.03 or which the Lessor, acting reasonably, determines is not directly related to the business set out in Section 7.01. The Lessee will not allow or cause the use of any part of the Leased Premises for any of the following businesses or activities: i. the sale of secondhand goods or surplus articles, insurance salvage stock, fire sale stock or bankruptcy stock; ii. the sale of goods, except as may be specifically permitted by the provisions of Section 7.01; iii, an auction, bulk sale (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder), liquidation sale, "going out of business" or bankruptcy sale, or warehouse sale; iv. any advertising or selling procedures which would, or any sale or business conduct or practice which would, because of the merchandising methods or quality of operation likely to be used, in either case in the Lessor's opinion, tend to lower the character of the City Market or harm or tend to harm the business or reputation of the Lessor or reflect unfavourably on the City Market, the Lessor or other tenants in the City Market or tend to confuse, deceive, mislead or be fraudulent to the public; or v. a mail order business, save and except for dulse and maple products or a department store, junior department store or variety store. 7.04 Hazardous Substances The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture, refine, treat, transport, store, handle, dispose of, transfer, produce or process any hazardous Substance, except in strict compliance with all applicable federal, provincial and municipal statutes, by -laws and regulations, including, without limitation, environmental, land use and occupational and health and safety laws, regulations, requirements, permits, statutes, by -laws and regulations. Further the Lessee hereby covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or contributed to by any Hazardous Substances which are at any time located, stored or incorporated m any part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives shall have the right at the Lessee's expense, payable as Additional Rent within fifteen (l5) days of receipt of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant to this Section 7.04 shall survive the expiration or earlier termination of the Term. ARTICLE VIII FIXTURES, ALTERATIONS AND REPAIRS AND LESSOR'S CONTROL OF CITY MARKET 194 Lease far Stall Space —City Market The Butcher's Daughter Gift Shoppe Inc. Schedule' C" - Page to - 8.01 installations by the Lessee All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in form, content and such detail as the Lessor may reasonably require for such work at the time approval is sought The Lessee covenants that any work that may be done in respect of the Leased Premises by or on behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural nature or that would lessen the value or Rentable Area of the Leased Premises or the City Market, or would interfere with the usage of the Common Areas. All alterations, decorations, additions and improvements made by the Lessee or made by the Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or improvements. Such alterations, decorations, additions and improvements shall not be removed from the Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shall remove all such alterations, decorations, additions and improvements and restore the Leased Premises as required by the Lessor. 8.02 Maintenance and Repair by the Lessee The Lessee will at all times keep the Leased Premises (including exterior entrances and all glass and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition and repair (including periodic painting or redecorating and preventative maintenance as determined by the Lessor and including such repairs or replacements as are required to keep the Leased Premises in good repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality and class equal to the original work or installations. 8.03 Signs, Awnings, Canopies The Lessee will not place or suffer to be placed or maintained on any exterior door, wall or window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Leased Premises without first obtaining the Lessor's written approval and consent. The Lessee farther agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times, and in addition to the foregoing, the Lessee shall maintain any signs or displays of its goods or wares which may be seen from the exterior of the Leased Premises in a manner which is in keeping with the character of the City Market of which the Leased Premises form a part and which is designed to enhance the business of the Lessee. 8.04 Surrender of Leased Premises Subject to Article 16.01, the Lessee will leave the Leased Premises in good repair, reasonable wear and tear only excepted. Without limiting the generality of the foregoing, at the expiration or earlier termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only excepted, and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for the payment of pent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in the Leased Premises. Should the Lessee fail to remove its Bxcures and personal property, such fixtures and personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or earlier termination of the Term of this Lease. 8.85 Lessee to Discharge all Liens The Lessee will ensure that no construction or other lien or charge, or notice thereof, is registered or filed against: a) the City Market or any part of it; or 195 Lease for Stall Space — City Market The Butchers Daughter Gift Shoppe Inc- Schedule "C" - Page 11- b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the Leased Premises. by any person claiming by, through, under or against the Lessee or its contractors or subcontractors. If such a lien or charge or notice thereof is registered or filed and the Lessee fails to discharge it within five (5) days after written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to be due into court or directly to the claimant and the Lessee will pay to the Lessor as Additional Rent on demand all costs (including legal fees) incurred by the Lessor in connection therewith, together with an administrative overhead charge of fifteen percent (15 %) thereon. 8.06 Rules and Regulations The Lessee will comply with the Rules and Regulations. The Lessor reserves the right from time to time to amend or supplement the Rules and Regulations. Notice of such amendments and supplements, if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and observe all such amendments and supplements, provided that no Rule or Regulation shall contradict any provision of this Lease. The Lessor shall not be responsible to the Lessee for non - observance or violation of any of the provisions of such Rules and Regulations by any other tenant of the City Market or of the terms of any other lease of premises in the City Market and the Lessor shall be under no obligation to enforce any such provisions. All Rules and Regulations shall be enforced against the Lessee in a non - discriminatory manner. 8.07 Maintenance and Repair by the Lessor The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be maintained and repaired, the structure of the City Market, including without limitation, the foundations, exterior weather walls, subfloor, roof, bearing walls and structural columns and beams of the City Market. If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such maintenance or repairs, together with an administrative fee of fifteen percent (150/0) of such costs. 8.08 Control of City Market by Lessor The City Market and the Common Areas are at all times subject to the exclusive control and management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by the establishment of rules and regulations and general policies with respect to the operation of the City Market or any part thereof at all times throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems; provide supervision and policing services for the City Market; close all or any portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the City Market; obstruct or close off all or any part of the City Market for the purpose of maintenance, repair or construction, employ all personnel, including supervisory personnel and managers necessary for the operation, maintenance and control of the City Market; use any part of the Common Areas from time to time for merchandising, display, decorations, entertainment and structures designed for retail selling or special features or promotional activities; designate the areas and entrances and the times in, through and at which loading and unloading of goods shall be carried out; control, supervise and generally regulate the delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in the manner and the times and places at which same is to be placed for collection (if the Lessor for the more efficient and proper operation of the City Market provides or designates a commercial service for the pickup and disposal of refuse and garbage instead of or in addition to the service provided by the municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level, location, arrangement or use of the City Market or any part thereof, construct other buildings or improvements in the City Market and make changes to any part thereof; construct other buildings or improvements in the City Market and make changes to any part of the City Market; and do and perform such other acts in and to the City Market as in the use of good business judgment the Lessor determines to be advisable for the more efficient and proper operation of the City Market. Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its rights as set out in this Section 8.08, the Common Areas are diminished or altered in any manner whatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease. 8.09 Lessor's Right to Enter Leased Premises a) It is not a r&-entry or a breach of quiet enjoyment if the Lessor or its authorized representatives enter the Leased Premises at reasonable times o: 196 Lease for Stalt Space— City Market The Butcher's Daughter Gift Shappe Enc. Schedule'C' - Page 12 - i. examine them; ii. make permitted or required repairs, alterations, improvements or additions to the Leased Premises (including the pipes, conduits, wiring, ducts, columns and other installations in the Leased Premises) or the City Market or adjacent property; or iii. excavate land adjacent or subjacent to the Leased Premises; in each case (to the extent reasonably possible in the circumstances) without unreasonably interfering with the Lessee's business operations in the Leased Premises, and the Lessor may take material into and on the Teased Premises for those purposes. Rent will not abate or be reduced while the repairs, alterations, improvements or additions are being made. The Lessor will take reasonable steps to minimize any interruption of business resulting from any entry. b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective purchasers and during the six (6) months prior to the expiration of the term of this Lease, the Lessor may exhibit the Leased Premises to prospective tenants and place upon the Leased Premises the usual notice `To Let' which notice the Lessee shall permit to remain where placed without molestation; c) If the Lessee shall not be personally present to open and permit an entry into the Leased Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Lessor or the Lessor's agents may enter the same by a master key, or may forcibly enter the same, without rendering the Lessor or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease; d) Nothing in this Section contained, however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the City Market or any part thereof, except as otherwise in this Lease specifically provided. ARTICLE IX INSURANCE AND INDEMNITY 9.01 Lessee's Insurance a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full force and effect the following insurance: i. All -risk insurance upon property owned by the Lessee or for which the Lessee is legally liable (including, signs and plate glass) and which is located within the City Market in an amount of not less than the full replacement cost thereof; u. Comprehensive General Liability with minimum limits of at least Two Million Dollars ($2,000,000.00) or such higher limits as the Lessor may reasonably require from time to time. This policy shall include: a) The City added as an Additional Insured; b) Inclusive limits for bodily injury and property damage; c) Personal injury liability; d) Tenant's Legal Liability; e) Contractual Liability with respect to this Lease; f) Premises, Property and Operations; g) Completed Operations; h) A Cross Liability Clause; i) A Thirty (30) days written notice of Cancellation shall be given to the City of Saint John. iii. The Lessee shall also provide any other form of insurance as the Lessee or the Lessor may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would insure. 197 Lease for Stall Space — City Market The Butcher's Daughter Gift Shoppe Inc. Schedule "C" - Page 13 - b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable after the placing of the required insurance. All policies shall contain an undertaking by the insurers to notify the Lessor in writing not less than thirty (30) days prior to any material change, cancellation or termination thereof, c) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance referred to in this Section 9.01, or should any such insurance not be approved by the Lessor and should the Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee, the Lessor has the right without assuming any obligation in connection therewith to effect such insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of the Lessor under this Lease. 9.02 Increase in Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. If the Lessee is in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance policies taken out or maintained by the Lessor, or if any insurance policy upon the leased Premises or the City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the Lessor, and if the Lessee shall fail to do so within twenty-four (24) hours of such written request, the Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at its option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in full to the date of such determination of the Lease, and together with an amount equal to the Gross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rite, shall be conclusive evidence of the several items and charges which make the fire insurance rate of the Leased Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount thereof shall be deemed to be and be paid as Additional Rent 9.03 Loss or Damage The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage results from the negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi - public work All property of the Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, without limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply of any utilities to the Leased Premises. 9.04 Indemnification of the Lessor The Lessee will indemnify the Lessor, and save harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased premises, the occupancy or use by the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses HE Lem for Stall Space — City Maticet The Butcher's Daughter Gift Shoppe Inc. Schedule "C" - Page 14 - and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation. ARTICLE X DAMAGE, DESTRUCTION AND EXPROPRIATION 10.01 Total or Partial Destruction of Leased Premises If, during the Term, the Leased Premises are expropriated or totally or partially destroyed or damaged by any cause in respect of which the Lessor is insured, the following provisions shall have effect a) If the Leased Premises are rendered partially unfit for occupancy by the Lessee, Gross Rent only shall abate in part only, in the proportion that the part of the Leased Premises rendered unfit for occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased Premises are tendered wholly unfit for occupancy by the Lessee the Rent hereby reserved shall be suspended in either event until the day following a reasonable period (taking into account the extent of the Lessee's restoration) following completion of the Lessor's restoration; b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the Architect shall be incapable of being rebuilt and/or repaired or restored with reasonable diligence within 180 days of the happening of such destruction or damage, then the Lessor may at its option terminate this Lease by notice in writing to the Lessee given within thirty (30) days of the date of such destruction or damage and in the event of such notice being so given this Lease shall cease and become null and void from the date of such destruction or damage and the Lessee shall immediately surrender the Leased Premises and all interest therein to the Lessor and the Rent shall be apportioned and shall be payable by the Lessee only to the date of such destruction or damage and the Lessor may re -enter and repossess the Leased Premises discharged of this Lease; If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the happening of such damage or destruction or if within the period of thirty (30) days referred to in Section 10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's restoration) complete the restoration of the Leased Premises. The certificate of the Architect shall bind the parties as to the (i) extent to which the Leased Premises are unfit for occupancy, (ii) time required to rebuild and/or repair or restore the Leased Premises; and (iii) due completion of repairs. 10.02 Total or Partial Destruction of City Market In the event that a substantial portion of the City Market shall be expropriated or damaged or destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the Term of this Lease shall expire upon the third (P) day after such notice is given, and the Lessee shall vacate the Leased Premises and surrender the same to the Lessor. 10.03 Abatement of Rent Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X shall be limited to an amount equal to the amount which the Lessor collects under any rental income insurance. 10.04 Expropriation Awards The Lessor and the Lessee will co- operate with each other if there is an expropriation of all or part of the Leased Premises or the City Market, so that each may receive the maximum award that it is entitled to at law. To the extent, however, that a part of the City Market, other than the Leased Premises, is expropriated, the full proceeds that are paid or awarded as a result, will belong solely to the Lessor, and the Lessee will assign to the Lessor any rights that it may have or acquire in respect of the proceedings or awards and will execute the documents that the Lessor reasonably requires in order to give effect to this intention. 199 Lease for Stall Space — City Market The Butcher's Daughter Gift Shoppe Inc. Schedule "C" - Page 15 - ARTICLE XI STATUS STATEMENT, SUBORDINATION AND ATTORNMIENT 11.01 Status Statement Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the conunencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any prepaid Rent or deposits held by the Lessor, whether there is any existing default and the particulars, and any other information required by the party requesting it. 11.02 Power of Attorney The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power and authority to execute and deliver in the name of the Lessee any instruments or certificates required to carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen (15) days after the date of a written request by the Lessor to execute such instruments. ARTICLE XII TRANSFERS BY LESSEE 12.01 Transfer Defined "Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture (floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under this Lease, (iii) a parting with or sharing of possession of all or part of the leased Premises, and (iv) a transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that term is defined on the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change in the effective voting control of the Lessee. "Transferor" and "Transferee" have meanings corresponding to the definition of "Transfer" set out above, (it being understood that for a Transfer described in clause (iv) the Transferor is the person that has effective voting control before the Transfer and the Transferee is the person that has effective voting control after the Transfer). 12.02 Consent Required The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in each instance which consent may not be unreasonably withheld. Notwithstanding any statutory provisions to the contrary, Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor refuses consent to a Transfer within twenty-four (24) months of either the Commencement Date or a previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective and no consent shall be given unless the following provisions have been complied with: i. There is no default of the obligations of the Lessee under this Lease; ii. The Lessee shall have given at least thirty (30) days' prior written notice of the proposed Transfer and the effective date thereof to the Lessor; iii. A duplicate original of the documents affecting the Transfer shall be given to the Lessor within thirty (30) days after the execution and delivery thereof, iv. The Transferee, except in the case of a Transfer described in Section 12.0l(iv), shall have assumed in writing with the Lessor the due and punctual performance and observance of all the agreements, provisions, covenants and conditions hereof on the.Lessee's part to be performed or observed from and after the effective date of the Transfer. The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the Lessor, the financial background, business history and the capability of the proposed Transferee in the Lessee's line of business, and the nature of the business practices of the proposed Transferee. The consent by the Lessor to any Transfer shall not constitute a waives of the necessity for such consent to any subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the Transferee, and apply the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or 200 lease for Stall Space— City Market The Butcher's daughter Gift Shappe Inc. Schedule "C" - Page 16 - any Indemnifier from the further performance by the Lessee of covenants on the part of the Lessee herein contained Notwithstanding any Transfer, the Lessee shall remain folly liable under this Lease and shall not be released from performing any of the obligations of the Lessee under this Lease. Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the Lessor or its solicitors, and any and all legal costs and the Lessor's then - standard fee with respect thereto or to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand as Additional Rent. 12.03 No Advertising of Leased Premises The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the foregoing, unless the complete text and format of any such notice, advertisement or offer is first approved in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any text or format on other grounds, any text or format proposed by the Lessee shall not contain any reference to the rental rate of the Leased Premises. ARTICLE MH DEFAULT OF LESSEE 13.01 Right to Re -Enter When a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after fivc (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re-enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding , provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided farther that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Lease. 13.02 Right to Re-let Should the Lessor elect to re- enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re-let the Leased Premises, and re-let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon each re- letting all rentals received by the Lessor from such re- letting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor; second, to the repayment of any reasonable costs and expenses of such re- letting, including brokerage fees and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the same may become due and payable hereunder. If such Rent received from such re- letting during any month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re- letting without termination, the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the 201 Lease for Stall Space -- City Market The Butcher's Daughter Gift Shoppe Inc. Schedule "C" - Page 17 - Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Terns hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if requited. 13.03 Legal Expenses In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable solicitors' and counsel fees on a solicitor and his client basis. 13.04 Bankruptcy The Lessee covenants and agrees that if the Tern or any of the goods and chattels of the Lessee on the Leased Premises shall be at any time during the Term seized or taken in execution or attachment by any creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the Leased Premises shall without the written consent of the Lessor become and remain vacant for a period of fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt to abandon the Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or my of them from the Leased Premises so that there would not in the event of such abandonment, sale or disposal be sufficient goods on the Leased Premises subject to distress to satisfy the Rent above due or accruing due, then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent Shall immediately become due and be paid and the Lessor may re-enter and take possession of the Leased premises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises were holding over after the expiration of the Term and the Term shall, at the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and determined, and in every one of the cases above such accelerated Rent shall be recoverable by the Lessor in the some manner as the Rent hereby reserved and if Rent were in arrears and the said option shall be deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein. 13.05 Lessor May Perform Lessee's Covenants If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of the Leased Premises or any part thereof as the Lessor may consider requisite or necessary. All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, together with an administrative fee equal to fifteen (15 %) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional Rent 13.06 Waiver of Exemptions from Distress Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress; and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night, method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful where the Lessee owes arrears of Rent at the time of the distress. 13.47 Remedies Cumulative No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or preclude the Lessor from exercising or invoking any other remedy in respect thereof, whether allowed at law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Lessor may from time to time exercise any one or more of such remedies independently or in combination. 202 [rase for Stall Space — City Market The Butcher's Daughter Gift Shoppe Inc. Schedule "C" _ Pap Ia_ ARTICLE XIV MISCELLANEOUS 14.01 Overholding If the Lessee remains in possession of the Leased Premises after the end of the Tenn and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Term hereby granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from month to month at monthly rent payable in advance on the first day of each month equal to the sum of i. one and one half (I '/3) times the Gross Rent payable during the last month of the Term; and u. one - twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately preceding the last Lease Year of the Tenn; and otherwise upon the same terms and conditions as are set forth in this ,Lease, except as to duration of Term, and any right of renewal mutatis mutandis. 14.02 Successors This Lease applies to the successors and assigns of the Lessor and, if Article ?III is complied with, the heirs, executors, administrators and permitted successors and permitted assigns of the Lessee. If there is more than one party named as Lessee, they are jointly and severally liable under this Lease. 14.03 Waiver Failure by the Lessor to require performance of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. The subsequent acceptance of Rent hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee of any term, covenant or condition of this Lease, other than the failure of the Lessee to pay the particular rent so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such Rent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor, unless such waiver be in writing by the Lessor. 14.04 Accord and Satisfaction No payment by the Lessee or receipt by the Lessor of a Iesser amount than the monthly Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement or any cheque or any letter accompanying any cheque or payment as Rent be deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided. 14.05 Entire Agreement This Lease sets forth all the covenants, promises, agreements, conditions and understandings between the Lessor and the Lessee concerning the Leased Premises and there are no covenants, promises, agreements, conditions or representations, either oral or written, between them other than are herein and in the said schedules and rider, if any, set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee unless reduced to. writing and signed by them, 14.06 No Partnership The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee. 14.07 Force Majenre In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other payments required by the terms of this Lease, nor entitle the Lessee to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 203 Lease for Stall Space — City Market The Butcher's Daughter Gift Shoppe Inc. Schedule "C" - Page 19 - 14.08 Notices Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessor at: CIO The Common Clerk, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 4LI, with a copy to Facility Management Division, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 4LI, and any notice herein provided or permitted to be given by the Lessor to the Lessee shall be sufficiently given if delivered personally to the party being given such notice or to a responsible employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessee at Its registered office at 47 Charlotte Street, Saint John, New Brunswick, E2L 2118. Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or transmitted or on the third day that there is postal delivery following the day on which such notice is mailed, as the case may be. Either party may at any time give notice in writing to the other of any change of address of the party given such notice and from and after the giving of such notice the address therein specified shall be deemed to include any request, statement or other writing in this Lease provided or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there is more than one party named as Lessee, notice to one shall be deemed sufficient as notice to all. 14.09 Place for Payment of Rent The Lessee shall pay the Rent. Including all Additional Rent, at the office of the Lessor specified in Section 14.08 or as such place or places as the Lessor may designate from time to time by notice in writing: currently to the Cashier's Office, City Hall, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4LI. 14.10 Approval in Writing Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given in writing by the Lessor before same and shall be deemed to be effective. 14.11 Governing Law The Lease is to be governed by and construed according to the laws of the Province of New Brunswick, 14.12 Captions and Section Numbers The captions, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles or of this Lease, nor in any way affect this lease. 14.13 Partial Invalidity If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be separately valid and enforceable to the fullest extent permitted by law. 14.14 No Option The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereof by the Lessor and the Lessee. 14.15 Time To Be of the Essence Time shall be of the essence of this Lease. 14.16 Quiet Enjoyment The Lessor covenants with the Lessee for quiet enjoyment. 14.17 Riders and Schedules Schedules attached hereto form part of this Lease. 204 Lease for Stall Space— City Market The Butcher's Daughter Gift Shoppe Inc. schedule "C" - Page 20 - 14.18 Basement Storage Space Where the Leased Premises includes any area of basement storage space, notwithstanding any provision herein contained, the Lessee acknowledges and agrees that water and sewer lines are located within the basement area of the Leased Premises and that there is a possibility that water and/or sewage may escape from the lines as a result of breakage, blockage, overflow or other cause, and may cause damage to anything stored in the basement area of the Leased Premises. The Lessee acknowledges and agrees that if it chooses to store anything, whether belonging to it or to others, in the basement area of the Leased Premises, it does so at its own risk and the Lessee hereby releases and indemnifies and saves harmless the Lessor from and against any and all manner of actions, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or arising out of breakage, blockage, overflow or other problem of the water or sewage lines. 14.19 Renovations In addition to the Gross Rent, the Lessee shall pay to the Lessor an additional amount of Six Dollars and Seven Cents ($6.07) per square foot per annum, in lieu of renovation costs for the duration of the term. The Lessee shall pay this amount on the first day of each and every month in equal monthly installments, monthly in advance, according to the following schedule; Every year during the tern hereof - $204.36 month $(6.07 per square foot). 205 SCHEDULE "D" RULES AND REGULATIONS All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by the Landlord. 2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such contrals as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises andlor the City Market. 3. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not be burned in or about the Leased Premises. 4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or connected without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and without such direction no boring or cutting for wires or pipes shall be permitted. 5. The Tenant will be required to remain open for business as follows: a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. 6. The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Tenant. 7. The Tenant shall use at the cost of the Tenant a nationally recognized pest extermination contractor. S. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or iron without the written consent of the Landlord. 9. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit any cooking in the Leased Premises without the written consent of the Landlord. 10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for any purpose other than ingress to and egress from the Leased Premises. 11. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees shall not bring in or take out, position, construct, install or move any safe or other heavy equipment or furniture without first obtaining the consent in writing of the Landlord. In giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platforms to distribute the weight thereof, All damage done to the City Market by moving or using any such safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. The moving of all equipment and the furniture shall occur only during those hours when the City Market shall not be open for business or any other time consented to by the landlord. 12. All persons entering and leaving the building in which the Leased Premises are situated must do so during hours the City Market is staffed by City Market employees. The Landlord at its sole discretion may determine the hours the City Market is staffed. Tenants shall register in books if so required by the Landlord when accessing the Market "after Market hours ". The Landlord is under no responsibility for failure to enforce this rule. 13. The Tenant shall not place or cause to be placed any additional locks upon any doors of the Leased Premises without the approval of the Landlord and subject to any conditions imposed by the Landlord. 14. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for the purposes permitted by the lease to which these rules and regulations are annexed. 206 SCHEDULE "D" RULES AND REGULATIONS Page 2 I5. Subject to the Landlord's providing such service, the Tenant shall permit window cleaners to clean the windows of the Leased Premises from time to time and at reasonable times. 16, Any hand trucks, carryaHs or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 17. No animals or binds shall be brought into the Leased Premises except as permitted by the lease to which these rules and regulations are annexed. 18. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit the delivery of any food or beverage to the Leased Premises without the approval of the Landlord. 19. The Tenant shall not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parked in the parking areas. 20. The Tenant may only sell merchandise that is approved by the Landlord through their lease or otherwise. 21. The Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas adjacent to the Leased Premises. 22. The Tenant shall not use or permit any of the Leased Premises to be used in such a manner as to cause annoying noises or vibrations or offensive odours. 23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor. 24. A set of plans must be presented and the approval must be given by the landlord for any improvements or painting, etc. to the stands (including signs). 25. Merchandise, displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on each stand. 26. No solid dividers are to be placed between the top and bottom meat hook bars. 27. Displays underncatb the stands must be set up 6" off the floor on legs or wheels so the floor can be swept and washed down properly. 28. Covers are not to be placed over merchandise on stands without the prior approval of the Landlord. 29. Signage is to be in keeping with the historic character of the City Market and must meet the following criteria: Materials: Wood and metal are considered to be appropriate materials. Plastic may be used provided that it looks like one of the acceptable materials. Internally- illuminated plastic facet) box signs will not be acceptable; Number of Signs: Each tenancy will be permitted one bench -top sign on each bench (T- 0" length), or one projecting sign on each aisle -side that identifies the business by name and type; Bench -top Signs: These signs are the preferred primary form of signage. They must be located lto 2 inches above the top rail of the bench, and should display the business name. They will consist of a 8" high by 6'4' long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering out into the material and painted a contrasting colour. The rear may not be used for signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two -sided signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide. Only one per tenancy per aisle side shall be permitted as Business identifications; Lighted Signs: Not permitted; Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be permitted They may not exceed 8.5" x 11" in size, and must not excessively obscure the view through the bench between the first and last rail above the bench. 207 SCHEDULE[" Pre -Authorized Die Wng Form Formulsirrd3agto tio� :de. Name 1 Nom : r.�1�e� eat �finraiace,autRm:. vt� The City of Saint John is pleased to be able to The City of Saint Johm estheurrcuse d'offrir offer City Market Tenants a monthly debiting aux locataires du marchE municipal, payment option for payment of City Market rent. Poption de payer par pr6l6vement baacaire / Vr71e : mensuel automatique leur loyer du march6 municipal. We hope that the form is self -explanatory, Nous espdrons quo ce formulaire eat clair, however, please call us if you have any questions. toutefois si vous avez des questions, The City of Saint Jahn, Whdaitez p as 6. anus appeler. (506) 652.1960 (506) 652 -1.967 Please fill in and return this form to The City Veuillcz rumrplir et mtou raer le pr6sent formulaire of Saint John Hi9jap and Collections office au bureau de la facturation et de la perception with a VOID cheque (for account vedfiication de The City of Saint John aver un cheque pastant la purposes). mention aANNUTA, (am fins de v6rificatmn du compte). We, 1 Je/nora, Name 1 Nom : Address / Adresse : Province: Postal Code / Vr71e : / Code ekreeeekekkrkkkekrrkrkrewrrrreeer sere *err w+ errrtt�e+► reanra ..►�rrw�wr�rerr+rk+trta+,r AUTHORIZE AUTORIBIUAUTORISONS rrrrrrrr ikill ekiMlFlYietYh► 1kwiHeRwleYMxk ltaYrwtifF,►eryNHeis.,k.r l rrNwiel rrsf►rt�5ewkrk+krfklrerei -kht The City of Saint Jahn, The City of Saint John, P.O, Box 1971, Saint John, NB, E2L 4L1, C.P. 1971, Saint John, NB., E2L 4L1, to debit nrylour secounk A dalter mowimtro compte Account # IWda compte held at / do l4 sw=sale : Braaab Address / Adrow de In succursale Tranaii for the purpose of payment of Market rent sux fins du paieramt meamel du layer du mareh6 payable mosti r. municipal. We Dave read and understood the terms Pai/nmu aeons In et eompris lea tamer of this authorization. de la outor adorn. S' Date *S' Date *For joint accounts, ail depositors most sign if mare than one signature is squired on cheques issued against the account. Non: If a copy of this completed farm is required, please iafor:mu our office. **Please see over** o *En cc qui eons= lea comptea cogjoints, si plus dune sigmare eat rwidw my lee cheques 6mis de ee compw, ions lea ftosants doivent signer. Note : Si vous d6simz obteair one copk do pr&wt 6ormulme dUment rempli, veuffi= en aviser notre bureau ** Voir an Vem** TERMS AND CONDITIONS Me will notify The City of Saint John Billing and Collections office, in writing, of any changes in the account information or termination of this authorization at ]east thirty (30) days prior to the next payment date. I/We understand that termination of this authorization does not affect mylour obiigatien to pay for goods or services cord acted fodwith The City of Saint John. My/4ur financial institution will treat each debit as if Uwe had penonaily issued a written direction authorizing The City of Saint John to debit the amount (s) specified to my /our account and need not verify that payments ate drawn in accordance with this authorization. I/We understand that any debits cbarged to mylom account will be ro-imburaed if; MODALfftS ET CONDITIONS J'aviserai/nous aviselona, par 6cri1, le bureau do la facturation at de la permptiou de The City of Saint Jobn, de taut dmgement appo M aux renseignements le Cowie ou, de Is rdsiliation de owe autorisatien, au moins tr ente (30) jours avant In date du prochein paiemem. Je comprendslnous comprenons quo is rbsiliation de raft autorisation n'a aucune incidence sur mou/notra obligation de payer les produits on. lee services sous ccmtrat pour ou avoc The City of Saint John. Mom/notre institution fmanciZre Irancra cheque provement banpire comme si favais/nous WAM persoanellement 6mis une directive 6mite autolww The City of Saint Jahn i1 46biter le(s) t(s) d6termin6(s) do monhwft compte at alto n'aura pas i vdrifier que les payments sort perVus conforn ement i.Caft snteQisatiaa. Je compmads/nous comprenons que Lout pr6Wnment baoceim do moWnobv compie sera rombours6 si Q this debit was not drawn in accordance with this Q ce pitltvement n'a pas 66 eff tn6 conform6ment i rate autorisation • this authorization has been terminated; or 0 cette autorisatiou a"r silide ; ou • this debit was posted to the wrong account due to l] ce prtlbvammt a 10 effectu6 du naumis compte en invalid/Wamect account information supplied by raison de renseignements sur le compte invalides ou the Billing & Collections office, The City of Saint incorr %. fournis par le bureau de la 1bclnetion et de Is J om de The City of Saint John, by giving notice in writing to mylour branch of account within ninety (90) days of the debit to my /our account The City of Saint John will charge $10.00 for each tramactkm retuned for Non sufficient Funda en dumaant un avis 6crit i ma/notre succursak baneaire, dabs les Watre -vingt dix (90) jours smvaat Is retrait de mmdnotre compto. The City of Saint John facaucra 10 $ poor cbaque transaction retoun6a en raison d'insuffisance de fonds. VWe aclmowledgs that delivery of this authorization Je reconnais/mus mconnsissons queen accordant cello to The City of Saint John constitutes delivery to autorisation i The City of Saint John, je I'aecmdo'now my financial institution. I'accordons a monlaotre institution financike. I/We warrant that ail persons whose signatures are required to sip up on this account have signed this authorization. ** Privacy ** The City of Saint John DosS NOT share or sell its client lists. Any information provided herein will be used only for the above -noted purpose, and for no other purpose. Your signature on this form is your authorization for The City of Saint John to record this information. If you have any questions about this statement, please do not hesitate to call 652 -1960 or the City Solicitor's Office at (506) 658 -2860. 209 Je garantiMmous garaatissons qua routes les penosom dont la signanue est require sur cc eompte ont sign6 le pr6sente autorisaticm. 'r* Protection de la vie priv6e ** The City of Saint John NE partage pas at ne vend pas sa liste de clients. Toute information foumie darts ce forimulaire sera utilis6e uniquement aux fns d6crites ci- dessus. Votre signature sur ce formulaire reprlstente votre autorisation it ce que The City of Saint John emgistrt V infomlation qui y est contenue. Si vous avez des questions a propos de cette affirmation, iiUktez pas & composer le 652 -1967 ou A appeler le bureau de Pavocat municipal an (506) 658 -2860. PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Cindy Christie, of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. That I am the President of The Butcher's Daughter Gift Shoppe Inc., the Lessee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. That The Butcher's Daughter Gift Shoppe Inc. does not have a corporate seal. 3. That the signature "Cindy Christie" subscribed to the said instrument is my signature and I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the aCl— day of 2015. SWORN TO before me at the City of Saint John, in the County of Saint John and Province of New Brunswick, this _ day of 2015. Commissioner of Oaths Being a Solicitor / S O'Cunno� Conan► of oaths MY Commission Expires December 31, 2019 210 r '0 ( 6- r' �n y Cindy Christie This Indenture made this day of '2015. BY AND BETWEEN: Cindy Christie, of 62 Honeysuckle Drive, Saint John, New Brunswick, E2M 5S1, doing business as The Butcher's Daughter Gift Shoppe, the "Lessee" OF THE ONE PART - and — The City of Saint John, having its head office at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Lessor" OF THE SECOND PART WHEREAS by a Form, A19 Lease dated February 1, 2012, the demise of a Rentable Area of approximately 337 square feet in the City Market, 47 Charlotte Street, Saint John, New Brunswick (the "Leased Premises "), became vested in the Lessee, and WHEREAS the Lessee has agreed to surrender the Leased Premises to the Lessor in order that her estate, term and interest therein may be merged and extinguished; NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of the sum of One Dollar ($1.00) of lawful money of Canada paid by the Lessor to the Lessee, the receipt and sufficiency whereof is hereby acknowledged, the Lessee hereby assigns and surrenders to the Lessor, its successors and assigns, the Leased Premises to the intent that the unexpired residue of the demised term may merge and be extinguished, and the said Lessee for herself, her heirs, executors, administrators, successors and assigns, hereby covenants with the Lessor, its successors and assigns, that she has good right, full power and absolute authority to assign and surrender the Leased Premises in the manner aforesaid and that she has not, at any time, done or executed any act, deed, matter or thing whereby the unexpired residue of the term is, shall or may in any wise be charged or encumbered. IN WITNESS WHEREOF the parties have executed this Surrender of Lease as of the day and year hereinbefore first written. SIGNED, SEALED & DELIVERED) In the presence of: ) Cindy �Cknstie 211 The City of Saint John Mayor Common Cleric Common Council Resolution: .2015 212 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, _� 'K" 6 "--q _ , a Notary Public in and for the Province of New Brunswick, by Royal Authority, duly appointed, commissioned and sworn, residing and practising in the said Province, DO HEREBY CERTIFY that on the 9 1TI.- day of 2015 at the City of Saint John, in the County of Saint John and Province of New Brunswick, before me, personally came and appeared Cindy Christie, the Lessee named in the foregoing instrument and acknowledged that she signed, sealed, executed and delivered the same as and for her act and deed to and for the uses and purposes therein expressed and contained. IN TESTIMONY WHEREOF I, the said Notary Public, have hereunto set my hand and affixed my Notarial Seal at the City of Saint John aforesaid the day and year herein above written. NOT Y P LIC PROVINCE OF NEW B SWICK �,�►SAW, �INNF a ..Y' ¢�: d�fi�Y .... a 213