Loading...
2018-08-20_Agenda Packet--Dossier de l'ordre du jourHr City of Saint John Common Council Meeting AGENDA Monday, August 20, 2018 5:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser I'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Regional Oversight Committee Meeting Overview (Recommendation: Receive 1 - 1 for information) 5.2 Proposed Purchase of Bunker Gear for Saint John Fire Department 2 - 4 (Recommendation in Report) 5.3 Contract Harbour Passage Extension Award of Tender 2018-081204T 5 - 7 (Recommendation in Report) 5.4 Sydney Street - Sidewalk Easement (Recommendation in Report) 8-20 5.5 City Market Lease with Kevin Goggan Art and Design Inc. (Recommendation in 21-45 Report) 5.6 Contract No. 2018-11 Crack Sealing 2018 (Recommendation in Report) 46-48 5.7 King Square South Upgrades (Recommendation in Report) 49-50 5.8 Proposed Public Hearing Date - 1655 Manawagonish Road and 1770 Sand 51-52 Cove Road (Recommendation in Report) 1 Pmdf3„rm 5.9 Update on Central Peninsula Neighbourhood Plan Adoption Timeline 53-56 (Recommendation: Receive for Information) 5.10 Amendment to Combined Loan and Grant Agreement - Canada Games Aquatic 57-87 Center Energy Efficiency Retrofit (Recommendation in Report) 5.11 Core IT Network and Server Equipment Contracts (Recommendation in Report) 88-90 5.12 2018-086501 P - Digital Imaging Equipment (Recommendation in Report) 91-94 5.13 Live Watermain Tapping Services - External Customers (Recommendation in 95-97 Report) 6. Members Comments 7. Proclamation 7.1 Prostate Cancer Awareness Month - September 2018 98-98 8. Presentations - 2018 City of Saint John White Paper - Presentation Times are Estimates Only 8.1 5:10 P.M. - 2018 City of Saint John White Paper Presentation 99-122 8.2 5:30 P.M. - Green Party of New Brunswick / Parti Vert du Nouveau - Brunswick (Speaker: David Coon) 8.3 6:00 P.M. - Liberal Party of New Brunswick / Parti Liberal du Nouveau -Brunswick 123-125 (Speaker: Rick Doucet) 8.4 6:30 P.M. - New Brunswick New Democratic Party / Nouveau Parti democratique du Nouveau -Brunswick (Speaker: Jennifer McKenzie) 8.5 7:00 P.M. - Progressive Conservative Party of New Brunswick / Parti 126-130 Progressiste-Conservateur du Nouveau -Brunswick (Speaker: Blaine Higgs) 8.6 Written Submissions from Candidates (Receive for Information) 8.6.1 Gerry Lowe - Response to 2018 Provincial Election White Paper 131 - 132 8.6.2 Kathleen Riley-Karamanos - Response to 2018 Provincial Election 133-134 White Paper 8.6.3 John MacKenzie - Response to 2018 Provincial Election White Paper 135-137 8.6.4 Doug James - Response to 2018 Provincial Election White Paper 138-140 9. Public Hearings 10. Consideration of By-laws 11. Submissions by Council Members K 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Buildings at 326 Sandy Point 141 - 172 Road (PID# 411678) 12.2 Demolition of Vacant, Dilapidated and Dangerous Buildings at 100-102 173-207 Winslow Street (PID# 363515) 12.3 Demolition of Vacant, Dilapidated and Dangerous Building at 363 Highland 208-242 Road (PID# 49734) 12.4 Demolition of Vacant, Dilapidated and Dangerous Building at 143 Guilford 243-277 Street (PID# 362152) 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Thomas Construction Limited - Misinformation provided at Rezoning 278-278 Application of 1003 Latimore Lake Road 15.2 United Way Kick -Off Lunch 279-279 15.3 Port Saint John - Maritime Kitchen Party Gala Celebration 280-283 16. Supplemental Agenda 17. Committee of the Whole 17.1 Canada Games Aquatic Center (CGAC) Financing 284-284 17.2 Recommendation for a Pension Under the Heart and Lung Act 285-285 18. Adjournment K3 City of Saint John Common Council Meeting Monday, August 20, 2018 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 8th Floor Boardroom, City Hall 1.1 Employment Matter 68(1)0) 1.2 Financial Matter 68(1)(c) 1.3 Employment Matter 68(1)0) 1.4 Land Matter 68(1)(d) C! Ville de Saint John Seance du conseil communal Lundi 20 aout 2018 17 h, Salle du conseil Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalitg ou en partie, peut faire l'objet d'une discussion en privg en vertu des dispositions prgvues a Particle 10 de la Loi sur les municipalites. Le conseil/comitg prendra une ou des decisions a cet ggard au cours de la seance publique 16 h, Salle de conference, 8e etage, h6tel de ville 1.1 Question relative a 1'emploi — alinea 68(1)j) 1.2 Question financiere — alinea 68(1)c) 1.3 Question relative a 1'emploi — alinea 68(1)j) 1.4 Question relative aux biens-fonds — alinea 68(1)d) Seance ordinaire 1. Ouverture de la seance 2. Approbation du proces-verbal 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Aper�u de la reunion du Comite de surveillance regional (recommandation : accepter a titre informatif) 5.2 Projet d'achat de tenues de feu pour le Service d'incendie de Saint John (recommandation figurant au rapport) 5.3 Contrat pour 1'agrandissement du Passage du port — Adjudication du contrat 2018-081204T (recommandation figurant au rapport) 5.4 Rue Sydney — Servitude de trottoir (recommandation figurant au rapport) 5 5.5 Bail conclu par le marche municipal et Kevin Goggan Art and Design Inc. (recommandation figurant au rapport) 5.6 Contrat ri 2018-11 — Calfeutrage des fissures 2018 (recommandation figurant au rapport) 5.7 Modernisation du carre sud King (recommandation figurant au rapport) 5.8 Date proposee de la tenue d'une audience publique relativement au 1655, chemin Manawagonish et au 1770, chemin Sand Cove (recommandation figurant au rapport) 5.9 Mise a jour sur le calendrier d'adoption du Plan de voisinage de la peninsule centrale (Recommandation : accepte a titre informatif) 5.10 Modification a 1'accord combine de pret et de subvention — modernisation de 1'efficacite energetique du Centre aquatique des Jeux du Canada (recommandation figurant au rapport) 5.11 Contrats lies a 1'equipement de base du reseau de la TI et du serveur (recommandation figurant au rapport) 5.12 2018-086501P — Appareils d'imagerie numerique (recommandation figurant au rapport) 5.13 Services de raccordement a une conduite d'eau operationnelle principale — clients externes (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Mois de sensibilisation au cancer de la prostate — septembre 2018 8. Presentations — livre blanc de la Ville de Saint John pour 2018 - Les temps de presentation ne sont que des estimations 8.1 17h10 Presentations du livre blanc de 2018 de la Ville de Saint John 8.2 17h30 Green Party of New Brunswick/Parti Vert du Nouveau -Brunswick (conferencier : David Coon) 8.3 18h Liberal Party of New Brunswick/Parti liberal du Nouveau -Brunswick (conferencier : Rick Doucet) 8.4 l8h30 New Brunswick New Democratic Party/Nouveau Parti democratique du Nouveau -Brunswick (conferenciere : Jennifer McKenzie) 8.5 19h Progressive Conservative Party of New Brunswick/Parti progressiste- conservateur du Nouveau -Brunswick (conferencier : Blaine Higgs) 8.6 Demandes ecrites de la part de candidata (accepte a titre informatif) 6 8.6.1 Gerry Lowe — reponse au livre blanc sur les elections provinciales de 2018 8.6.2 Kathleen Riley-Karamanos — reponse au livre blanc sur les elections provinciales de 2018 8.6.3 John MacKenzie — reponse au livre blanc sur les elections provinciales de 2018 8.6.4 Doug James — reponse au livre blanc sur les elections provinciales de 2018 9. Audiences publiques — 18 It 30 10. Etude des arretes municipaux 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Demolition des bdtiments vacants, delabres et dangereux situes au 326, chemin Sandy Point (NID 411678) 12.2 Demolition des bdtiments vacants, delabres et dangereux situes au 100- 102, rue Winslow (NID 363515) 12.3 Demolition des bdtiments vacants, delabres et dangereux situes au 363, chemin Highland (NID 49734) 12.4 Demolition des bdtiments vacants, delabres et dangereux situes au 143, rue Guilford (NID 362152) 13. Rapports deposes par les comites 14. Etude des sujets ecartes des resolutions en bloc 15. Correspondance generale 15.1 Thomas Construction Limited — renseignements errones fournis dans la demande de rezonage du 1003, chemin Latimore Lake 15.2 Lancement de la Journee Centraide 15.3 Port Saint John - Celebration du gala de la fete de la cuisine maritime 16. Ordre du jour supplementaire 17. Comite plenier 18. Levee de la seance N ROC Committee Meeting July 16, 2018 Overview SAINT JOHN • Approval of February 15, 2018 Meeting minutes • Approval of Directors of the ESJ Board to commence June 2018 • Approval of By -Laws 2018 11101111s Update Potential Entrepreneurs Start -Ups Existing Entrepreneurs Existing Business External Investors Strategic IIIPIII in Update What we heard Better Economic Performance Have Been too Reliant on Big Investments Need to Significantly Expand the Talent Pipeline Immigration is Key Need to Tell the Greater Saint John Story Leverage Infrastructure Areas of Focus: Workforce Development Strategic Inv. Attraction for Existing Business Tell the Greater Saint John Story Enhanced Business Start Up Culture 2018 targets Q2 Results 800 1,525 25 Start -Ups 14 Start Ups 45 jobs 17 Jobs 550 jobs Announced — 717 Hired TBA 250 jobs Announced— 450 Hired 250 ESJ needs to be: Champion of Economic Development for GSJ Advocate Coordinator/Facilitator Consensus Builder Around Regional Priorities Provide Economic Development Services Where Needed Tell the GSJ Story — Why Invest, Move, Live Here... What it will take: $2 Million in Unrestricted Funding $1 Million in Project Support Funding Regional Alignment and Coordination Commitment and Tenacity IIII iow Giir tlll /llll°°Illliii IIS Growth ceinairiii s for GSJ 2016 Current economic research and future forecasts by GNB estimate in a low -growth scenario Greater Saint John won't grow at all and in a high-growth scenario, it's growth of less than 1%. Both options are dismal and discussions showed there was unanimous support among municipal leaders to do something to change this outcome. IIID iiisc ssiii in & II11:::'ee Ill aclll There was good discussion on the direction of the Economic Development Plan and the resources and commitment required to implement. 1 COUNCIL REPORT M&C No. 2018-233 Report Date August 9, 2018 Meeting Date August 20, 2018 Service Area Public Safety Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Purchase of Bunker Gear for Saint John Fire Department OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Josh Hennessy Kevin Clifford m I Neil Jacobsen RECOMMENDATION It is recommended that Common Council adopt the following resolution: RESOLVED that the Mayor and Common Clerk authorize the Saint John Fire Department to purchase one hundred twenty sets (jacket & pants) of Starfield Lion Turnout Gear from Mic Mac Fire and Safety Source Ltd. at a cost of $281,340 plus HST over a four year period. EXECUTIVE SUMMARY The City of Saint John Fire Department requires the purchase of one hundred twenty sets (thirty sets per year for four years) of Turnout Gear to meet its operational needs. National Fire Protection Association (NFPA) 1971 specifies that all Turnout Gear have a maximum life cycle of ten years provided it does not become irreparable or contaminated prior to that mark. All SJFD personnel are issued one set of Turnout Gear and is part of the staff's Personal Protective Equipment. Turnout Gear is worn at all incidents and is the most universal frontline exposure protectant piece of equipment staff use on a daily basis. PREVIOUS RESOLUTION The City of Saint John Fire Department in years of high demand for outfitting personnel has purchased Turnout Gear through the Capital Budget. In 2017 the Fire Department started transitioning Turnout Gear purchases to the Operating Budget. K -2 - STRATEGIC ALIGNMENT Asset Management— "Develop an integrated asset management plan that aligns with PlanSJ to prioritize investment." Financial Health — "Develop long-term sustainable financial plans and budgets that align capital investment and fiscal capacity with service objectives." This proposal eliminates this asset from being purchased through the Capital Budget. On a go forward basis all Turnout Gear will be sustained through the Operating Budget decreasing the fiscal burden on the Capital Budget. Great Neighbourhoods — "Ensure that the delivery of efficient public safety services address the evolving needs of a growing community. " PlanSJ- Policy MS -56— "Provide police, fire, and emergency management services to residents and businesses in the City, as required to meet community needs, with particular emphasis on the risks involved with managing large scale industrial emergencies." SERVICE AND FINANCIAL OUTCOMES As discussed in the Executive Summary, the Saint John Fire Department requires the use of Turnout Gear to meet employment standards set forth by the NFPA to provide an effective, safe service. Turnout Gear has historically been purchased through the Capital Budget. The SJFD is actively working towards maintaining current asset levels through the Operating Budget. The department has implemented an equipment replacement program reflected in the 2018 Operating Budget which incorporates the asset life cycle across all assets. This will result in more consistent annual purchasing obligations to minimize fluctuations for the Operating and Capital Budgets. The following estimated purchase schedule will be supported by the following Annual Operating Budgets. Fiscal Year Turnout Gear Set Required Purchase Annual Cost 2018 30 $68,100 2019 30 $69,450 2020 30 $70,830 2021 30 $72,960 K3 -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated the Request for Proposal (RFP) process to solicit proposals for the replacement of Turnout Gear. As such, the RFP closed on Thursday, April 26, 2018 with the following four (4) Proponents responding by submitting proposals: K & D Pratt MicMac Fire & Safety Source Ltd. Nova Fire Equipment Ltd. Cumings Fire & Safety Equipment Ltd. A review committee, consisting of staff from the Saint John Fire Department and Materials Management reviewed the submissions for completeness and compliance with the RFP requirements and selection criteria consisting of the following: 1. Quality and Completeness 2. Proponent's Experience 3. Specifications 4. Delivery 5. Cost Following the evaluation of the technical proposals, the financial proposals were opened and evaluated. The four Proponents were then invited to submit trial sets for a wear test evaluation period of six (6) weeks. At the conclusion of the wear test, it was clear that the product supplied by MicMac Fire & Safety Source Ltd. (Starfield Lion) outperformed the other trial sets. Additionally, the proposal submitted by MicMac Fire & Safety Source Ltd. was ranked the highest and represents the lowest cost to the Saint John Fire Department. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS CI 1 41 COUNCIL REPORT M&C No. 2018-239 Report Date August 13, 2018 Meeting Date August 20, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Contract Harbour Passage Extension Award of Tender 2018-081204T OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Marc Doucet Michael Hugenholtz m I Jeff Trail RECOMMENDATION It is recommended that Contract No. 2018-081204T: Harbour Passage Extension be awarded to the low Tenderer, Terraex Inc, at the tendered price of $284,000.00 (excluding HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2018- 081204 Harbour Passage Extension Tender to the low Tenderer. PREVIOUS RESOLUTION October 2, 2017; 2018 General Fund Capital Program Approved REPORT I*.&T005e1109111►U1 The approved 2018 General Fund Capital Program includes funding for the extension of Harbour Passage from it's current southeastern terminus at the Marco Polo Cruise Ship terminal up to the corner of Sydney and Broad Streets. This extension of Harbour Passage will be located along the southern side of Lower Cove Loop and Broad Steets. The work involves the installation of the "Cranberry Trail", park furnishings, light standards and landscaping to match the 61 -2 - existing portions of Harbour Passage. The work also includes the installation of a unique public art piece at corner of Charlotte and Broad Streets. TENDER RESULTS Tenders closed on July 27t", 2018 with the following results, excluding HST: TERRAEX MAGUIRE ICR GENERAL CLASSIC SPECTRUM INC. EXCAVATING CONTRACTORS CONSTRUCTION ENTERPRISES Total LTD. LTD. (2012) LTD. LTD. $284,000.00 $417,774.03 $349,000.00 $349,175.00 $318,800.00 ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS To minimize project costs some portions of the project management and materials supply have been directly engage by City Staff. These project costs will be in addition to the above reviewed tender costs. Saint John Energy $5,144 Site lighting $65,000 Site furnishings $10,009 Glenn Group Consulting $65,000 Total $145,153 The Contract includes work that is charged against th 2018 General Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 550,000.00 Project net cost $ 447,546.48 Variance (Surplus) $ 102,453.52 C.1 -3- POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES This extension of Harbour Passage around the South Central Peninsula aligns with both Plan and Play SJ and has also been hightlighted as a priority in the South Central Peninsual Neighbourhood Plan, This project will be completed within the original approved budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A r� 1 41 COUNCIL REPORT M&C No. 201.11..238 Report Date August 13, 2018 Meeting Date August 20, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Sydney Street - Sidewalk Easement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Holly Young Jacqueline Hamilton m I Jeff Trail RECOMMENDATION The City Manager recommends that: 1. Common Council approve as per the attached Easement Agreement (M&C 2018-238) an Easement in and through the lands at civic #10 Sydney Street (bearing PID #55184006, 55202923, 00009522, 55178776, 55020747, and 00010470); and 2. The Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. EXECUTIVE SUMMARY As the Irving Oil Home Office project, located at King Square South, moves forward with construction, the finalization of the streetscape and landscape plans are also underway. To compliment the adjacent properties at King's Square and the Loyalist Burial Ground, Irving Oil Limited (IOL) has proposed a streetscape to encompass the new building located on King Square South and Sydney Street. In order to achieve the desired streetscape design, an easement from IOL for a portion of the new sidewalk must be granted to the City of Saint John. The purpose and terms are as laid out in the Form of Easement. E:3 -2 - PREVIOUS RESOLUTION There are no previous resolutions related to this matter. STRATEGIC ALIGNMENT This matter aligns with the following Council priorities relating to land development: ■ Drive development in accordance with PlanSJ that creates density required for efficient infrastructure and services. ■ Promote Saint John as a community to live, work and play to grow the residential tax base. REPORT Through collaboration with City staff, the City supports the proposed streetscape design for this site. The general sidewalk areas will consist of granite curb, brick paving, concrete sidewalk, and trees in regularly spaced tree pits and grates. This design style is complimentary to other areas in the uptown. The proposed streetscape will be on King Square South and Sydney Street, adjacent to new IOL building. It will compliment both the area and the recent street reconstructions on Princess Street and Leinster Street. In order to achieve the desired streetscape effect, the proposed streetscape will require IOL to grant the City an easement adjacent to Sydney Street, from King Square South toward Princess Street for the purposes of a full width sidewalk. It is typical practice to have a pedestrian sidewalk located within the municipal right- of-way. By having an easement granted in favour of the City, the City and public will have the use and enjoyment of the full width of the sidewalk. The attached Easement sketch represents an approximation of the dimensions of the sidewalk (46.5 m). A Plan of Survey will be completed by IOL, at their cost, once the sidewalk is constructed by IOL. SERVICE AND FINANCIAL OUTCOMES All costs associated with the work and Plan of Survey are to be the responsibility of 685502 NB Ltd. -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS In the preparation of this report, input was received from the City Solicitor's Office (having prepared the attached Agreement), Growth and Community Development, Transportation and Environment, and Real Estate Services. ATTACHMENTS Easement Agreement Easement Sketch ito] Form 14 EASEMENT Land Titles Act, S.N.B. 1981, c.L-1.1, s. 24 Parcel Identifier(s) of Parcel(s) Burdened by Easement: 55184006, 55202923, 00009522, 55178776, 55020747,00010470 Parcel Identifier(s) of Parcel(s) Benefitting from Easement: Schedule A Grantor of Easement: 685502 N.B. Ltd. 10 Sydney Street Saint John, NB E21 -4K1 Grantee of Easement: City of Saint John (The) 8th Floor, City Hall Building 15 Market Square P.O. Box 1971 Saint John, NB E21-41-1 Description of Easement: See Schedule C Purposes of Easement: See Schedule C Diagram of Easement: See Schedule B The grantor grants to the grantee the described easement over or in the specified parcel(s) for the specified purposes for the benefit of the specified parcel. Date: August 12018 Per: And: Grantor of Easement: 685502 N.B. LTD. Grantee of Easement: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: SCHEDULE A ALL those certain lots, pieces or parcels of land situate, lying and being in the City of Saint John, in the County of Saint John, and Province of New Brunswick, known and distinguished as Sydney Street, being a public street, between King Square South and Princess Street. SCHEDULE B Plan of Survey of Easement SCHEDULE C The Description and Purposes of Easement ALL that portion of Parcel Identifiers 55184006, 55202923, 00009522, 55178776, 55020747, 00010470 situate in the City of Saint John, County of Saint John and Province of New Brunswick comprising approximately • sq. m. in the of Parcel Identifiers 55184006, 55202923, 00009522, 55178776, 55020747, 00010470 (hereinafter the "Easement Lands") as shown on the Plan of Survey attached hereto as Schedule "B". 1. Subject to the terms of this Easement, and at the cost, risk and expense of the Grantee, the Grantor does HEREBY GRANT, TRANSFER AND CONVEY to the Grantee, its successors and assigns, a non-exclusive easement and right-of-way for the ingress and egress of persons, equipment, materials and vehicles on, over, under, upon, across, in and through the Easement Lands, for the purpose of the use, maintenance, inspection, alteration, repair, replacement, removal, reconstruction of the sidewalk, and generally doing all acts necessary or incidental to the exercise of the rights and privileges granted herein. 2. The Easement Lands shall be used for the benefit, use and enjoyment of and by the general public, for all purposes necessary, useful or convenient in connection with or incidental to the exercise and enjoyment of the sidewalk as, of and from the date the sidewalk located on the Easement Lands is available for the Use (as hereinafter defined). 3. The Easement Lands shall be used for the purposes set out in paragraphs 1 and 2 herein (the "Use") and for no other purpose. 4. The Grantee shall give the Grantor reasonable notice of any removal, replacement, reconstruction, alteration or repair of the Easement Lands or any portion thereof that may impede the Use. 5. The Grantee shall maintain, inspect, alter, repair, renew and replace the Easement Lands and any fixtures installed thereon at its cost and expense in accordance with the Grantee's General Specifications, as may be amended from time to time. The Grantee shall ensure that the Easement Lands are kept free of hazards to persons using the Easement Lands in accordance with this Easement. 6. Notwithstanding any rule of law or equity, the Sidewalk shall remain the property of the Grantee notwithstanding that the same may be annexed or affixed to the freehold and shall at any time and from time to time be removable in whole or in part by the Grantee at its sole cost and expense. 7. In the event that the sidewalk is no longer situate on any part on the Easement Lands, the Grantor may provide notice to the Grantee of the termination of this Easement, and the Grantee shall promptly execute and provide the Grantor with such documents as the Grantor may reasonably require to effect the termination of this Easement. 8. The Grantor shall have the right to fully use and enjoy the Easement Lands for any lawful purpose, provided that such use does not interfere with the Use. 9. The Grantor, its affiliates, successors, employees, officers, directors and assigns are not liable or in any way responsible to the Grantee in respect of any loss, injury or damage suffered by the Grantee or any other person, howsoever caused, relating to or arising out of this Easement or the Use, save only to the extent directly caused by the negligence of the Grantor, its affiliates, successors or assigns, and in no event shall any of them be liable for any special, indirect, punitive or consequential damages. 10. The Grantee indemnifies and saves harmless the Grantor, its affiliates and without limitation, costs of defense, settlement and reasonable attorney's fees), except for those arising out of the negligence of Grantor, its affiliates, successors and assigns or those for whom Grantor may at law be responsible. The Grantee's obligations to indemnify pursuant to this paragraph 10 with respect to this Easement or any matter arising out of this Easement shall survive the termination of this Easement. 11. The Grantee shall register this Easement in the New Brunswick Land Titles Office (Saint John) (the "Land Titles Office"). Any costs associated with the registration of this Easement are for the account of the Grantee. Upon completion of construction of the sidewalk, the Grantor will prepare a plan of survey identifying the Easement Lands, at its cost and expense, for registration in the Land Titles Office in connection with this Easement. No compensation shall otherwise be payable with respect to this Easement. 12. The parties agree to make any such amendments to this Easement as may be required to enable the registration of this Easement in the Land Titles Office. 13. Any notice if personally given by hand on a business day in Saint John, New Brunswick is deemed to be received on delivery, and if not so given, then on the next business day in such City; if by prepaid mail or courier is deemed to be received the fifth (5th) business day after mailing or courier. In the case of disruption of postal or courier service, delivery of notice will not be made by such means. A party may change its address or other details respecting service by giving notice of the same as provided in this section. Any notice to be provided to the parties shall be addressed as follows: To Grantor: 685502 N.B. Ltd. Attn: Corporate Real Estate P.O. Box 1421 10 Sydney Street Saint John NB E21- 4K1 With a copy to: 685502 N.B. Ltd. Attn: Legal Affairs P.O. Box 1421 10 Sydney Street Saint John NB E21- 4K1 To Grantee: Attention: The Common Clerk, City Hall, 8th Floor, 15 Market Square, Saint John, New Brunswick, E21- 1 E8 With a copy to, The City Solicitor City Hall, 8th Floor, 15 Market Square, Saint John, New Brunswick, E21- 1 E8 14. If any provision of this Easement is invalid under any applicable statute or declared invalid by a court of competent jurisdiction, then it shall be deemed to be severed, provided, however that the remainder of this Easement shall continue in full force and effect. schedule hereto. The provisions of this Easement shall be construed as a whole according to their common meaning and not strictly for or against the Party. 16. This Easement shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable therein. 17. This Easement shall enure to the benefit of and be binding upon the parties thereto, their respective successors and assigns. [signature page follows] [signature page to Easement] SIGNED, SEALED & DELIVERED ) in the presence of: ) 685502 N.B. LTD. Per: Per: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c.L-1.1, s. 55 Deponent: Jonathan A. Taylor The City of Saint John P.O. Box 1971 Saint John, NB E21-41-1 Office Held by Deponent: Corporation: (Other Officer Who Executed the Instrument) Office Held by Other Officer Who Executed the Instrument: Place of Execution: Date of Execution: Common Clerk The City of Saint John W. Donald (Don) Darling The City of Saint John P.O. Box 1971 Saint John, NB E21-41-1 Mayor Saint John, New Brunswick 12018 I, Jonathan A. Taylor, the deponent, make oath and say: 1. That I hold the office specified in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me and the other officer specified above, as the officers duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by order of the Common Council of (The) City of Saint John; 4. That the instrument was executed at the place and on the date specified above. 5. The corporation has no shareholders. SWORN TO at the City of Saint John, in the County of Saint John, Province of New Brunswick on the day of August, 2018 BEFORE ME: Jonathan A. Taylor Susan K. Crossman Commissioner of Oaths Being a Solicitor Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c.L-1.1, s. 55 Deponent: Office Held by Deponent: Corporation: 685502 N.B. Ltd. (Other Officer Who Executed the Instrument) Office Held by Other Officer Who Executed the Instrument: Place of Execution: Saint John, New Brunswick Date of Execution: 12018 I, the deponent, make oath and say: 1. That I hold the office specified in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me and the other officer specified above, as the officers duly authorized to execute the instrument on behalf of the corporation; 3. That the corporation has no seal; 4. That the instrument was executed at the place and on the date specified above. 5. That the ownership of a share of the corporation does not entitle the owner thereof to occupy the parcel described in the attached instrument as a marital home. SWORN TO at the City of ) Saint John, in the County of ) Saint John, Province of New ) Brunswick on the day ) of August, 2018 ) BEFORE ME: ) Jane MacEachern Commissioner of Oaths Being a Solicitor PID 55184006 mm nr P, 'I 78 10 m 1 41 COUNCIL REPORT M&C No. 2018-230 Report Date August 07, 2018 Meeting Date August 20, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. City Market Lease with Kevin Goggan Art and Design Inc. OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille KevinFudge/lan Fagan Neil Jacobsen RECOMMENDATION 1. That the City enter into a Lease for Stall "E" in the City Market with Kevin Goggan Art & Design Inc., under the terms and conditions as set out in the Lease submitted with M&C 2018 — 230, and further; 2. That the Mayor and Common Clerk be authorized to execute any necessary documents. EXECUTIVE SUMMARY City staff and the owner/operator of Kevin Goggan Art and Design Inc. have reached an agreement that will have the business lease space within Stall "No. E" of the City Market. The term will be for five (5) years, commencing September 1, 2018 with an option to renew for an additional five (5) years. Rents will be at market value with the first two months of the term being rent free to offset space build out costs and its up -front investment into the space. The focus of the business will be an Art Gallery and Design Shop. The lease document as attached is standard and consistent with the leases granted to other tenants in the City Market. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT 21 -2 - Providing for entrepreneur opportunities in the City's Uptown Core aid in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT City staff has an agreement with a new tenant, Kevin Goggan Art and Design Inc. to operate in Stall "E" that would commence effective September 1, 2018. The business focus is an art gallery and design shop. The initial term is for 5 years with an option to renew for an additional 5 years. There are some renovations required to prepare the space for lease and also some time to set up the business. The attached lease will provide two months' rent free to offset the costs associated with establishing a new business. The lease document is standard and consistent with the leases granted to other tenants in the City Market. SERVICE AND FINANCIAL OUTCOMES The operation and presence of Kevin Goggan Art and Design Inc. within the City Market will add to the vitality as well as the arts and cultural offerings in the City's Uptown area. This Lease will generate a revenue of approximately $11,000.00 per annum. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff of the City Market and Facility Management has provided input into the preparation of this report and the City's Legal Department has prepared the Lease Agreement. ATTACHMENT Lease Agreement with Kevin Goggan Art and Design Inc. WA rorM ALY LEASE ,Vtantlard Forms ql'Conveyances Act, S.N.B. 1980, c. S-12, s.2 'The parties to this lease are: The City of Saint John, having its City IIall 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" Kevin Goggan Art & Design Inc., a body corporate, duly incorporated under the laws of the Province of New Brunswick, having its registered office at 171 Bradley Lake Road, Saint John, NB, E2S IB7, doing business under the name and style "Kevin Goggan Art & Design", the "Lessee" I'lie "Mules and Regulations- attached hereto as Schedule "D" and the Form attached hereto as Schedule "D 1"" form part ofthis Lease, T'he Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the following conditions:. Duration: Date of' Commencement: Date of Termination: Payment Dates: Place of Payment: 5 years and 0 months September 1, 2018 Aug 31, 2023 First day ofeach and every month during the term hereof commencing ug November 1, 2018 C'ashier's Office City 1-1x11 Saint John, NB 'This lease contains the covenants and conditions which are attached and set Out in Schedule "C", DATED 2018. SIGNED, SEALED & DELIVERED in the presence of - I I HF, CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution,- . ......... 12018 Kevin Goggan Art ,,Wbesig .� Inc, r. IP ILI M AJU !�J'A4 I CITV MARKET Kevin Goggan A rt & Design Inc, doing business under the name and style Kevin Goggan Art & Design SCHEDULE "C" DEFINITIONS 1101 Definitions In this lease: a) "Additional Rent" means all and any nionies 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 inean 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; Sectionni "Coniencenient Date" means a date determined in accordance with the provisions or 2 .0 3; d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in the City Market which from time to tirne are not designated or intended by the Lessor to be ]eased to tenants of the City Market, and those areas, facilities, utilities,. Improvements, equipment and installations which serve or are for the benefit ofthe 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 tile 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 improvernents 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 preventions, security and COMITILinication systems, columns, pipes, electrical, phuribing, drainage, any central system For the provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or services located therein or related thereto as well as the structures housing installations, including but not limited to all open and enclosed 'nails, courts and arcades, public seating and set -vice 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 systerris and any atrium seating/food court; e) "C.P.I." inearis the Consumer Price Index (All Items) for Canada (or any index published in substitution for the Consumer Price Index or any other replacement, index reasonably designated by the Lessor, if it is no longer published) published by Statistics Canada (or by any Successor thereof or any other governmental agency, including a provincial agency)" f) "Atrium Seating/Food Court" means those portions of the Common Areas designated by the Lessor froin time to time for use in support ofthe operations of any group of premises providing quick food service to customers of the City Market and includes. without: hiniting the generality of tile foregoing, public table and seating areas, waste collection facilities and other areas, facilities and equipment intended for such use,; g) -HST' means lian-nonized 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, rOXi0U5 Substance, toxic substance. hazardons wnqio - lla.oe 2 - hazardous, toxic, contaminants or pollutants in or pursuant to any applicable federal, provincial or municipal statute, by-law or regulation; i) "Lessor" includes the Lessor and its successors and assigns; J.1 "Lease" means this indenture of lease and includes any riders and schedules hereto and shall also include any agreements entered into wN�Jjjch have the effect of amending this indenture from tirne to tirne', 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 dernising walls, but rather are open to the ceiling of the City Market building, the boundaries of tile Leased Premises extend from the top surface of the structural subiloor to the, freight, of tile de rising walk; 1) "Lease Year" shall mean a period of time commencing on September 1, 2018 and ending oil August 31, 2019 of tile following year,, in) "Gross Rent" means the annual Gross Rent payable by the Lessee Pursuant to Section 3A]; it) "Operating Costs" means the total cost and expense incurred in owning, operating, maintaining, managing and administering the City Market and the Con"711lon 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 oil account of their interest in the City Market, in ail amount equitably allocated to tile City Market by the Lessor, gardening and landscaping charges; tile cost and expenses of taking Out tile insurance described in Section 9.03; cleaning,, snow removal, garbage and waste collection and disposal; lighting, electricity, public utilities, JOUd 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 supervisoryand other personnel employed in connection with the City Market and management office rent imputed to tile City Market by the Lessor, acting reasonably,, Management Fee, the cost of providing additional parking or other- Common Areas for the benefit of the City Market, whether such costs be faxes 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 Cornmon, Areas; the cost of the rental of any equipment and signs and the costs ()I' supplies used in the maintenance and operation of the City Market and the Common Areas: accounting and audit fees incurred in tile preparation of the statements required to be prepared and supplied by the Lessor under the terms of this Lease; hearing, 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 tricters, and all other fixtures, equipment, and facilities serving or comprising the City Market or the Common Areas; which are riot 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 iterns determined from time to time by tile Lessor in accordance with sound accounting principles; o) "Proportionate Share" means a ftaction, 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 ofthe Leased Premises" means tile area expressed in square feet ofall floors of the Leased Premises measured from; i. the exterior face of all exterior walls, doors and windows, ii. tile exterior face of all interior walls, doors and windows separating the Leased Preniuses from Common Areas; if any; and iii. the centre line of all interior walls separating tire Leased Premises frorn adjoining leasable premises. - Page 3 . 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 frorn the lease line, the area of such recess for all purposes lies within the Rentable Area of the Leased Premises. r) "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 [lie Lessor from tinle 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 dine to time acting reasonably, including, those listed on Schedule -D"; t) "City Market" means the lands and premises known by the civic address 47 Charlotte Street, Saint John, New Brunswick, as such lands and prernises may be altered, expanded or reduced from tirne to thrie and the buildings, improvements, equipment and facilities erected thereon or situate from time to time therein;. U) "'faxes" 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 L, 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 thc I...essor; v) "Lessee" means the party named as Lessee in this Lease; and w) "Terin" means the period referred to in Section 2.03. ARTICLE 11 CRANT, TERM AND INTENT 2.01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the cry C leases I part of the Lessee to be paid, observed and performed, the Lessor d ns s and lea s to the Lessee and the Lessee leases from the Lessor, the Leased Premises, The Leased Premises are presently designated as Stall "E" (331 ft"); and are shown on Schedule "A" attached hereto and contain a Rentable Area of approximately Three Hundred and Thirty-one Square Feet (331 ft') which is comprised of approximately Three Hundred and Thirty -One (331 ft') of leasable retail area_ 2.112Use 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 (ii-ne 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 September 1. 2018 and fully to be completed and ended on August 31, 2023 save as hereinafter provided for earlier termination. 2.04 Option to Renew 1 -he Lessee shall have the option to renew this Lease for a further one ( 1) term of five (5) years at [he then prevailing niarket rate by providing written notice of its intention to renew to 1he I cN4znr nn lqlr-r - Pa -e 4_. not agree on the then prevailing market rate, such rate may be deternifiled by a single arbitrator appointed by the agreement between the Lessor and the lessee or pursuant to the 4rbifi-ation 14ct,, PROVIDED -rHAT ifthere 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: a) sixty (60) days after the Lessor has delivered vacant possession, of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such sixty (60) day period, be completing its work. The Terms shall expire on the date set for such expiry in the first paragraph of this Section 2,031 subject always to earlier termination as provided for in this I -ease, PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take possession of the Leased Premises and shall occupy same for the PUt'POSC Of fixturing and installing its inventory, at its own risk, for a period of sixty (60) days after receipt of such notice 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, rnutatis mutandis. FURTHER PROVIDED THAT NOTWI'"fi-iSI'ANDIN(3ANY-f'FiNG TO THE CONTRARY, if the 1.,essor 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 Terin 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 data, 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 slial I execute an acknowledgement of same on Lessor's usual form. The Lessee shall pay all Gross Rent and Additional Rent Calculated on a per them basis, froni, the end of the 60 day resat-free/fixturing period to the last day of the month in which the Comillencemeni 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 3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Thirty -Four Dollars ($34.00) 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: � Square feet. Rate Total Retail 331 $34,0O $ I1 20 5 4.00 Promotiotial Fee 6% $675.24 Total _50,1111 $11,929,24 14ST $1,78939 J'otal $13,7 M63 Monthly $1,143,22 3.02 Rent Past Due - Page 5 - If the Lessee fails to pay, when the same is due arid payable, any Gross Rent, Addii ional Rent or other amount payable by the Lessee under this Lease, such unpaid arnOUJltS shall bear interest fi-orn the due date thereof to the date ot'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 tile 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 daniage arising from the breach by the Lessee of any provisions of this Lease. This right will not be cotistrued to limit the Lessor's other rights under this I -ease or at law or to firnit the amount recoverable by the Lessor for damages in respect of breaches by the Lessee of this Lease, I fille L,essor uses all or part of the deposit For the last month's Gross Rent as provided above, tile 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, "Fhe Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in tile City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further liability with respect to the deposit, The Lessee will not assign or encumber its interest in the deposit except in connection with a permitted Transfer, in which case the I-essee's interest in the deposit will be deemed to have been assigned to the permitted Transferee as of the date ofthe "Fransfer. 3.04 Pre -Authorized Payments The Lessee shall 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 cadi Lease Year in an amount equal to the Gross Rent and Additional Rent payable oil a monthly basis, and, if applicable, generally any amount payable provisionally pursuant to the provisions of this Lease oil an estimated basis, The Lessor shall sign a form of application which is the same or similar to Schedule -D -F, or as may be required by the Lessee's bank, credit union or other financial institution, 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 J,CSSee, Irlowever, 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 ofany such 'T'axes. 4.02 Taxes Payable by Lessee it) 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 Prernises:, 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 instalilients as same fall due during the ]-crin, together with interest on deferred payments, - C) In any Suit or proceeding of any kind or nature arisin,, , 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 tile '"faxes, showing that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as a hen 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 to— g by the Lessee hereunder. No such contest shall defer Ot- Suspend the Lessee's obligations to pay the faxes as herein provided pending the contest, but it' 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 L money equal to twice the amount of the faxes that are the subject of the contest, to be field by the Lessor as an indemnity to pay such 'faxes upon conclusion ofthe 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 HSI' Payable by Lessee The Lessee shall pay to the Lessor all I -IST on Rent and any other HST imposed by the applicable legislation oil the Lessor or Lessee with respect to this Lease, in the mariner 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 I..,essor 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 an'101,11"It to include FIST, 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 facilitie."', of the Lessee oil or in the Leased Premises; and b) every tax and license fee which is levied, rated, charged or assessed against or in respect of any business carried oil 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 tees are rated, charged or assessed by any federal, provincial, rrluniCiparl or other body, 101 liky I UTILITIES 5.01 Utilities The Lessee shall pay all utilities directly to the utility company, oil a metered basis. In the event that a Lessee leases cooler space with 1, he Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed, MEEUIWW MERCHANTS' ASSOC I ATIO,N 6.01 Merchants' Association If and when all association or corporation of' merchants or lessees (the "Assoc iati oil ") is formed comprising tenants of the City Market, the Lessee shall forthwith becoine a member of such Association or if Such air 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, regulation,,, by-laws, decisions, directions, dues and assessments of the Association. Such Association shall in no way affect tile rights of the Lessor and any by-laws, rules and regulations Of Such - Page 7 - 6.02 Promotion Fund The Lessee shall pay to the Lessor all amount equal to 6/4 of annUal Gross Rent to be paid ill twelve (12) monthly instalments each instalment payable on the I" day ofeach month during the Term, ARTICLE VII CONDUCT OF BUSINESS BY TENANT 7.01 Use of Leased Premises a) file Leased Premises shall be used continuously, actively and diligently for the sole purpose of an Art Gallery& Design Sbol) "file Lessee will riot use or permit or suffer the use of the Leased Premises or any pail 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 "Kevin Goggan Art and Design" and will not change the advertised name of the business to be operated in the Leased Premises without the prior written consent of tile Lessor, The Lessee shall riot :introduce new product lines, or offer new services to its customers without first obtaining tile 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 oil exclusive covenants granted by the Lessor. Z� Unless otherwise specifically set out ill 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 frorn the Leased Premises Pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing ally other premises in the City Market to any other tenants) carrying on a business which is similar in whole or in part, to the business pen-nitted to be carried on from the Leased Premises pursuant to this Section 7.01. b) 'file 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 tile City Market. The Lessee therefore covenants arid agrees that throughout the Term it will occupy the entire Leased Premises, comply strictly with the Provisions of Section 7.01 and riot vacate or abandon the Leased Premises at any time during the Terim The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon arid that the same is a 'material element inducing the Lessor to execute this Lease, "fhe he Lessee further agrees that if it vacates 01, 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 put -pose not specifically herein authorized and allowed, the Lessee will be in breach of'the Lessee's obligations under the Lease, and then, without constitutinc, 1 '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 wilict, it may have under this Lease or at law, to obtain an fikiunction requiring the Lessee to comply with tile 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 arid efficiency and maintain air adequate staff to - Page 8 - produce the maximum volume of sales frorn the Leased Premises consistent with good business practices; b) conduct its business in the I -eased Premises during such hours and on such days as the Lessor from time to time requires or permits and at no Other time. I lowever the Lessee is riot required or permitted to carry on its business during any period prohibited by any law regulating the hours of business. Ifthe 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 Prernises 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 fi-om 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 off -ice, clerical or other non -selling purposes except minor parts reasonably required for the Lessee's business it) the Leased Premises, e) abide by all rules and regulations arid general policies forrnulated by the Lessor, acting I reasonably, from time to time relating to the delivery of goods to the Leased Premises, fj 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 an), other lessee in the City Market or which unreasonably disturbs or interferes with or• annoys ally third party, or which may damage the City Market; g) not allow or cause to be done any act in or about the Cornmon 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; 11) 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 (..,eased. Premises any transmitter device nor erect any aerial or) 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 rernove 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 6riH66-4 ow, I e+wCcew ­­ ., 4, 4,*,-._.:-_ :0 - - Page 9 - in) 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 tile floors of the Leased Premises. Any such machinery, equipment, article or thing shall be subject to removal by the Lessor without notice at any time and such removal shall be done arid all damages as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; n) observe and comply with all federal., provincial or municipal laws pertaining to or of 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 tile 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 Probibited Activities a) The Lessee acknowledges that: it is only one of rnarly tenants in the City Market and that therefore the Lessee shall conduct its business in tile Leased Premises in a manner consistent with the best interests of the City Market as a whole; b) The Lessor shall have the right to cause the Lessee to discontinue and the Lessee shall thereupon forthwith discontinue the sale of any item, merchandise, commodity or the supply of any service or, the carrying on of any business, any of which is either prohibited by this Section 7.03 or which the Lessor, acting reasonably, determines is not directly related to the business Set IOUt in Section 7.01 , The Lessee will riot allow or cause the use of any pail of the Leased Premises for any of the following businesses or activities: i. the Sale of secondhand goods or surplus article,,, insurance salvage stock, fire Sale stock or bankruptcy stock; ji. the sale of goods, except as may be specifically permitted by the provisions of Section 7.01; iii. all auction, bulk sale (other than a bulk sale made to all assignee or sublessee pursuant to a permitted assignment or sublettim,L, 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 untavourably oil 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 a mail order business, save arid except for chilse 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 I -eased Premises and operate its business in a manner so that no part of tile 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 regulation,;. Further the Lessee hereby covenants and agrees to indemnify arid save harmless the Lessor and those for whom the Lessor is in law responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or contributed to by any Hazardous Substances which are at any time located, stored or incorporated in any part of the Leased Premises, The Lessee hereby agrees that the Lessor or its authorized representative,"., shall have the right at the Lessee's expense, payable as Additional Rent within fifteen ( 15) days of receipt of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem necessary for the purpose of ensuring compliance with this Section 7,04. The Lessee's obligations pursuant to this Section 7,04 shall survive the expiration or earlier termination of the'"Fenm 11 Page 10 - ARTICLE V111 FIXTURES, ALTERATIONS AND REPAIRS AND LESSOR'S CONTROL OF CITY MARKET 8.01 Installations by the Lessee All equipment, fixtures and iinprovements 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 rilay 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 oil 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 can the, Lessee's behalf Notwithstanding anything herein contained, the Lessee shall inake 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 oil the Lessee's behalf by agreement Linder this Lease shall immediately upon installation or affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor ,;hall be under no obligation to repair, inaintain 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 -file 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 I -eased Premises ill 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 ally exterior door, wall or window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of' the Leased Premises without first obtaining the Lessor's written approval and consent. The Lessee further agrees to, maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times, and in addition to the foregoing,, the Lessee shall maintain any signs or displays of its goods or wares which may be seen from the exterior of the Leased Premises in a manner which is in keeping with the character of the City Market of which the Leased Premises form a part and which is designed to enhance the business of the Lessee. 8.04 Surrender of Leased Premises Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair, reasonable wear and tear only excepted, Without limiting the generality of the foregoing, at the expiration or earlier termination of the Term the Lessee shall surrender the Leased Premises in the sarne 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 }dent and shall inform the Lessor of all combinations oil locks, safes and vaults, if any, in the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, Such fixtures and personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or - Page I I - &05 Lessee to Discharge all Liens The Lessee will ensure that no construction or other lien or charge, or notice thereof, is registered or filed against: a) the City Market or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leasehold it 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 alter written notice from the Lessor, the Lessor may discharge it by paying the arnount claimed to be due into courl 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. 'I"'he Lessor reserves the right fi-orn 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 arrienclinents arid supplements, provided that no Rule or Regulation shall contradict any provision of this Lease. The Lessor shall not be responsible to the Lessee for rion-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 Miall 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, time fOUndations, exterior weather walls, subtloor, 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 oil demand as Additional Rent, the Lessor's costs for making Such maintenance or repairs, together with an administrative fee of fifteen percent ( 15",1) of such costs, 8-08 Control of City Market by Lessor 'rhe City Market and the Common: Areas are at all finies subject to the exclusive control and management of the Lessor. Without linliting time generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by time establishment of" rules and regulations and general policies with respect to the operation of the City Market or any thereof part It reof a t 9 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 ally 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 [lie 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 I'he areas and entrances arid the times in, through arid at which loading and unloading of goods shall be carried Out; control, supervise and generally regulate time delivery, or shipping of merchandise, supplies and fixtures to and from tire Leased Premises, and other portions of the City Market; designate and specify time kind of container to be used for garbage and refuse in the manner and the times and places at which sarne is to Lie placed for collection (ifthe 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 arid garbage instead of or in addition to the service provided by the IllUniCipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level, location, arrangement or use of time City Market or any part thereof; construct other buildings or improvements it) the City Market and make Charuges to any part thereof, construct other buildings or improvements it, the City Market and make changes to any part of the City Market; and do and perform othor Artz ill '4nrl tiro. 01- f';f- T14-1— - Page 12 - Notwithstanding anything g 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 mariner 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 I..,ease. 8.09 Lessor's Right to Enter Leased Premises a) It is not a re-entry or a breach of quiet enjoyment if the Lessor or its authorized representatives enter the Leased Premises at reasonable times to: i. examine thein; ii. make permitted or required repairs, alterations, improvernents or additions to the Leased Premises (including the pipes, conduits, wiring, ducts, columns and other- installations ffierinstallations in the Leased Premises) or the City Market or adjacent property; or iii. excavate ]arid adjacent or subjacent to the Leased Premises; in each case (to file extent reasonably possible in tile circumstances) Without unreasonably interfering with the Lessee's business operations in the Leased Premises, and time Lessor may take material into and on the I -eased Prernises for those purposes. Rent will not abate or be reduced while the repairs, alterations, improvements or additions are being made, I'lie I.,,essor will take reasonable steps to minimize any interruption of business resulting from any entry. b) At any time during the 7'erin, 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 ­Fo 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 tirne, 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 nlay 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. 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: 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 ornot less than the full replacement cost thereof; Comprehensive General Liability with minirnurn limits of at least Five Million Dollars ($5,000,000,00) or such higher limits as the Lessor may reasonably require frorn time to bine. 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) 'Fenan,Cs Legal Liability: - Page1;3- f) 13- Premises, Property and Operations; g) Completed Operations; 1)) 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 bine in form, in amounts and for insurance risks against which a prudent tenant would insure. b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certillicates 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 9.0 1, 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 irru-nediately 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 [net -ease in Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of prernium, for any insurance on the Leased Premises or the City Market or any part thereof above the rate for the least hazardous type ofoccupancy 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 ornissions of' the Lessee, the Lessee shall fiorthwith rernedy or rectify such use or occupation upon request to do so in writing by the Lessor, and if the Lessee shall fail to do sea within twenty-four (24) hours of such written request, the 1,essor 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 arnotint equal to the Gross Rent payable for a period of one (I) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which Inake tile fire insurance rate of the Leased Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at Such titnes 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 darnage to persons or property resulting from fire, explosion, failing 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 con'Ctriwtinn nr k%/ qni, ­ki�_ ­ ­Ll:rr. .- _1 l . . - Pagc 14 - ifinitation, any subrogation claims by the Lessor's insurers, In no event shall the Lessor be liable for any in ury to the Lessee, its servants, agents, employees, customers and invitees or I' r danlage to J 1� or any 1RjUry o 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 all interruption, SUSPCnSion 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 ornission 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, their the Lessee shall protect and hold it harrilless and shall pay all costs, expenses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation, ARTICLE X DAMAGE, DESTRUCTION AND EXPROPRIATION 10.01 Total or Partial Destruction of Leased Premises If, during the Term, the Leased Premises are expropriated or totally or, partially destroyed or darnaged by any cause ill respect of which the Lessor is insured, the following pr(-,)visioris shall have effect: 11) 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 unfilt for occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased Premises are rendered wholly unfit for occupancy by the Lessee the Rent hereby reserved shall be suspended in either event until the day following a reasonable period (,taking into account the extent of the Lessee's restoration) following completion of the Lessor's restoration-, b) Notwithstanding the provisions Of Subparagraph (a), if the Leased Premises in the opinion of` the Architect shah 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 darnage and in the event of such notice being so given this [..,case shall cease and become null and void from the date Of Such destruction or darnage and the Lessee shall immediately surrender the Leased Premises and all interest therein to the Lessor and tile Rent Miall 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 ofthis Lease; It' the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the 7 happening of such darnage or destruction or if within the period of thirty (30) days referred to in Section 10.01(b) die Lessor shall [lot 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 tile 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 ofthe 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 tile 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 'Fel"ll Of this Lease�sha 11 expire upon the third (3'6) day after such notice is given, and the Lessee shall , - pal -C 15 - Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X shall be limited to an amount equal to the arnount 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 a] I or part ofthe Leased Premises or the City Market, so that each may receive the maximum award that it is entitled to at law, To the extent, however, that a part of the City Market, other than the Leased Premises, is expropriated, the full proceeds that are paid or awarded as a result, will belong solely to the Lessor, and the Lessee will assign to the Lessor any rights that it may have or acquire in respect of the proceedings or awards and will execute the documents that the Lessor reasonably requires in order to give effect to this intention, ARTICLE XI STATUS STATEMENT, SUBORDINATION AND ATTORNMENT 11.01 Status statement Within fifteen ( l 5) days after request, the Lessee will sign and deliver to the Lessor a status statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any prepaid Rent or deposits held by the Lessor, whether there is any existing default and the partiCLJIUS, and any other inforniation required by the party requesting it. 11.02 Power of Attorney The Lessee hereby irrevocably appoints the Lessor as the attorney f6r 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 (1 S) days after the date of a written request by the Lessor to execute such instruments. ARTICLE X111 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 partnership, or partnership interest, where the partnership is a Lessee Under this Lease, (iii) a parting with or sharing of possession of all or partt 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 "affifiate" (as that lerria is defined on the date of this Lease under the Canada Business Corporalions 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 riot be unreasonably withheld. Notwithstanding any, statutory provisions to the contrary,. Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor refuses consent to a Transfer within twenty-four (24) months of either the Commencement Date or a previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective and no consent shall be given unless the following provisions have been complied with: There is no default of the obligations of the Lessee under this [-.ease; - Page 16 - 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; fli, 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, 'file Transferee, except in the case of a 'Transfer described in Section 12,0 1 (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 Lessec"s part to be performed or observed frorn 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, tile capability of the proposed Transferee in the Lessee's line of business, and the nature of the business practices of the proposed Transferee, 'File consent by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the Transferee, and apply the 'net amOU11t 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 oil' the Lessee or any Indemnifier from the further performance by the Lessee of covenants on tile part ofthe Lessee herein contained, Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall not be released from performing any of the obligations of the Lessee under this Lease. Any Transfer, if consented to by the Lessor, may at the Lessor's option be docurnented 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 docurnents reflecting the Lessor's consent to the Transfi*r shall be payable by the Lessee on demand as Additional Rent, 12.03 No Advertising of Leased Premises fhe 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 oil other grounds, any text or format proposed by the Lessee shall not contain any reference to the rental rate of the Leased Premises, ARTICLE X111 DEFAULT OF LESSEE 13.01 Right to Re -Enter When a) tile Lessee shall be in default in the payment of any Rent whether lawfully denianded or not and such default shall continue for a period of five (5) consecutive days; Or b) the Lessee shall be in detauh: of any of its covenants, obligations or agreements under this Lease or Cif any tern or condition of this Lease (other than its covenant to pay Rent) and such default shall continue lor a period of fifteen (15) consecutive days or Such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (3) months next ensuing shall immediately becorne 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 ,sane 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 I...ease and provided further that notwithstanding any such forfeiture the Lessor` may subsequently recover from, the Lessee damages for loss ,,r D .,,f - SK -.A 1, . , -, - __ -47.L:- I - - . - I. - . -Paw 17 - L 1102 Right to Re -Le( 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 ftom tirne 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 I -ease) and at such rental or rentaIs, and upon such other terms and conditions as the Lessor in its sole discretion may deern advisable, upon each re -letting all rentals received by the Lessor frorn such re -letting shall be applied, first, to the payment of any indebtedness other than rent due hereunder from tile 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 wrionth be less than that to be paid during that month by the Lessee hereunder, tile 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 Prernises, by the Lessor shall be construed as an election Oil 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 friary at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover fi-orn the Lessee all damages it may incur by reason of such breach, iuCklditlgthe COSt of recovering the Leased Premises, and including the worth at the time Of Such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the 'Term hereof Over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due, and payable from the Lessee to the I.,essor, In determining the Rent which Would be payable by the Lessee hereunder. Subsequent to default, the annual Rent for each year of the unexpired Terni 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 required. Z� 13-03 Legal Expenses In case suit shall be brought for recovery of"possession of the I -eased Promises, for the recovery of Rent or any other amount due under the provisions of this Lease, or because or the breach of ally 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 oil a solicitor and his client basis, 13.0Bankruptcy The Lessee covenants and agrees that if the Term, or any of the goods and chattels of the Lessee on the Leased Premises shall be at any time during the Term seized or taken in execution or attachment by any creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets or business of the Lessee or if the Lessee shall inake any assignment for the benefit of creditors or ally 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 Lip 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) clays, 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 thein or any of thern from the Leased Premises so that there would 'lot if' 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 nionth'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 tile 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 Terin shall, at the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lessee, become Forfeited and determined, and in every one of the cases above such accelerated Rent shall be recoverable by the Lessor in the same mariner 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 it) respect of this Lease, the Lessor may front time to time at its discretion, perforin or cause to be performed any such covenants or obli(-Yati on s. or ,inv nnrt thi-rpnf qnd Cnr ccu-t, ---- —.11 14- 11.1-11 .a,;...-- -- — Ir.... '.- ... I - Page 18 - All expenses incurred and expenditures, made by or oil 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 (tie week, time of day or night, method of entry, giving of notice, appraising of goods, or anything else, will render ally distress unlawful where the Lessee owes arrears of Rent at the time of the distress. 13.07 Remedies Cumulative No reference to nor exercise of any specific right or rernedy 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 rernedy, but the Lessor may from time to time exercise ally one or more of such remedies independently or in cornbinatrion. ARTICLE XIV MISCELLANEOUS 14.01 Overholding If the Lessee remains in possession of tile Leased Premises .after the end of the Term and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the, Term hereby granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee thorn month to month at monthly rent payable in advance on tile first day of each month equal to the surra of: i. one and one half (1 !/2) times the Gross Rent payable during the last rnonth ofthe Term, and one -twelfth of the Additional Rent payable by the Lessee For the Lease Year immediately preceding the last Lease Year of the Term; and otherwise upon the same terms and conditions as are, set forth in this Lease, except as to duration of Tom and any right of renewal mutatis mutandis, 14.02 Successors This Lease applies to the successors and assigns of the Lessor and, it"Article XII is complied with, the heirs, executors, administrators and permitted Successors and permitted assigns of the Lessee, If there is more than one party named as Lessee, they are jointly and severally liable under this Lease. 14.03 Waiver Failure by the Lessor to require performance of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained, The Subsequent acceptance of Rent hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee of any term, covenant or condition of this Lease, other than the failure of the Lessee to pay the particular rent so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such Rent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor, unless Such waiver be in writing by the Lessor, 14.04 Accord and Satisfaction No payment by the Lessee or receipt by the Lessor of' a lesser amount than the monthly Rent herein stipulated shall be deemed to be other than oil 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 all accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to tile Lessor's right to recover the balance of such Rent or pursue any other rernedy in this Lease provided, 14.05 Entire Agreement This Lease sets forth all the covenants, promises, agreements, conditions and underqlandin-4 - Page 19 - the said schedules and rider, if any, set forth. Except alteration, amendment, change or addition to this Lease unless reduced to writing and signed by them, 14.06 No Partnership as herein otherwise provided, no Subsequent shall be binding upon tire Lessor or the Lessee fhe Lessor does not, in any way or for any purpose, become a partner ofthe Lessee in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee. 14.07 For -cc Majeure In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature riot 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 riot 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, rior entitle the Lessee to compensation for an), inconvenience, nuisance or- discomfort thereby occasioned. 14.08 Notices Any notice herein provided or permitted to be given by the Lessee to tile Lessor shall be sufficiently given if delivered personally to the Common Clerk, or if transinitted by telecopier or if mailed in Canada, registered and postage preptiid, addressed to tire Lessor at: C/O The Common Clerk, The City ofSaint John, P. 0. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 41A, with a copy to Facility Management Division, 'File City of Saint John, 11. 0. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L], 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 171 Bradley Lake Road, Saint John, N.R., E2S I B7 Any such notice given as aforesaid shall be conclusively deerned to have been given on the day on which such notice is delivered or transmitted or on the third day that there is postal del'i'very 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 ftorn and after the giving of such notice the address therein specified shall be deemed to include any request, staternent 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 deerned 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 th-ne by notice in writing: currently to the Cashier's Office, City flat], P. 0, Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1. 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 tire case may be, shall be given in writing by the Lessor before sarne and shall be deemed to be effective. 14.11 Governing Law "I'he Lease is to be governed by and construed according to the laws of tile Province of New Brunswick. 114.12 Captions and Section Nurnbers, -rhe captions, section numbers and article numbers appearing in this Lease - 11a. -c 20 - 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 tern, 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 riot 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 T'irne shall be of the essence of this Lease, 14.16 Quiet Enjoyment 'Fhe Lessor covenants with the Lessee for quiet enjoyment. 14.17 Riders and Sebedules Schedules attached hereto form part of this Lease. 14.18 Basement Storage Space Where the Leased Prernises includes any area of basernent 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 arid 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 indemnif-tes 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. �',_'JVVLJJUEI" "0" RULES AND REGLJI.-,A'FIONS 1. All loading and unloading of goods shall be done only at such tinic,s, in the areas, and through the entrances, designated for such purposes by the Landlord. The deliver), or shipping of merchandise, supplies and fixtures to and frown the Leased Premises shall be subject to such controls as in tile judgment of tile Landlord are necessary for the proper operation ofthe Leased Premises and/or the City Market. 3, All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not be burned in or about the Leased Premises, 4, No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or connected Without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and Without such direction no boring or cutting for wires or pipes shall be permitted. 5, The Tenant will be required to remain open for business as tbllows: a. Stalls shall be open for business at all tintes while the market is open to the public, b. Year round stands shall be open for business at all times while tile 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.. T The Tenant shall use at the cost of the Tenant a nationally recognized pest extermination Contractor, 8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any wall's, 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 tile Tenant, its officers, agents, servants, employees, contractors, custorners, invitees or licensees for any purpose other than ingress to and egress from the Leased Premises, I L 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 sale 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'. Ail damage done to the City Market by moving or using any such safie, 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. 11 All persons entering and leaving the building in which the Leased Premises are Situated must do so during hours the CityMarket is staffed by City Market employees. 'File 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. I I , TheTenant shall not place or cause to be placed any additional locks upon any doors ofthe Leased Premises without the approval of the Landlord and subject to any conditions imposed by the Landlord. 14, No one Shall USC the Leased Premises for sleeping apartments or residential pUrPOSCS, 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 re2ulations are annexed u-, .-MUAV I U 3 PI Uv I U I I 4,L; zmw I YZI VRX, HIC i un at iL snati permit: winaow cicaners to clean. the windows of the Leased Premises from time to tirne and at reasonable times. 16. Any hand trucks, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require, 17. No animals or birds shall be brOLIght into the Leased Pret-nises 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 cif any food or beverage to the Leased Premises without the approval of the Land lord. 19, The Tenant shall not solicit business in the cornmon areas or distribute any handbills or other advertising matter in the comITIOn 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.. 21 The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord arid to place the garbage in the compactor. 24� 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 rneat hook bars. 27. Displays underneath the stands niust 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-illurninated plastic faced box signs will not be acceptable, Number of Signs: Each tenancy will be permitted one bench -top sign on each bench (T- 0" lengthy, 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 I to 2 inches above the top rail of the bench, and should display the business name, They will consist of 8" high by 6'-0" long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for signage over 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; Ternporary Signs: Any number of signs advertising goods for sale, specials, etc, shall i be permitted. They may not exceed 8.5" x I I" in size, and must not excessively obscure the view through the bench between the first and last rail above the bench, 1 41 COUNCIL REPORT M&C No. 2018-235 Report Date August 07, 2018 Meeting Date August 20, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2018-11 Crack Sealing 2018 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rod Mahaney Michael Hugenholtz/Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2018-11: Crack Sealing 2018 be awarded to the low Tenderer, Eastern Infrastructure Inc., at the tendered price of $64,860.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2018- 11: Crack Sealing 2018 to the low Tenderer. PREVIOUS RESOLUTION March 26, 2018 General Fund Operating Program Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. -2 - REPORT BACKGROUND The 2018 General Fund Operating Budget for Transportation and Environment Services includes a provision for the Crack Sealing of a number of streets in the City. Crack Sealing is an annual preventative maintenance activity applied to asphalt surfaces to preserve and extend their service life. The work consist generally of cleaning the asphalt pavement cracks by high velocity blowers and immediately filling the cracks with a hot rubberized joint sealing compound which adheres and seals cracks in the asphalt pavements. A sprinkle of cement or agricultural lime is then applied to prevent tracking of the sealant by vehicular traffic until the sealant cures. TENDER RESULTS Tenders closed on August 7, 2018 with the following results, including HST: 1. Eastern Infrastructure Inc., Elmsdale, NS $64,860.00 2. AVL Construction Group Inc., Drummond, NB $77,050.00 3. Road Savers Maritime Ltd., Chester, NS $78,200.00 4. Classic Construction (2012) Ltd., Saint John, NB $144,210.00 The Engineer's estimate for the work was $65,000.00 including HST. /_101FAW01161 The tenders were reviewed by staff and were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the General Fund Operating Budget. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. -3 - The analysis is as follows: Budget $ 65,000 Project net cost $ 58,800 Variance (Surplus) $ 6,200 POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. SERVICE AND FINANCIAL OUTCOMES Asphalt pavements are essential infrastructure which directly impacts the quality of life in our community. Roadway infrastructure is important to the economic health of the community and citizens expect these assets to be maintained to an acceptable standard. Proper and timely maintenance of all roadway assets will ensure public safety, extend service life of the asset, and achieve best value for the investment. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS N/a !E:3 1 41 COUNCIL REPORT M&C No. 2018-228 Report Date July 30, 2018 Meeting Date August 20, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: King Square South Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioners/Dept. Head City Manager Brian Keenan Mike Hugenholtz; Brent McGovern/Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Common Council approve reallocating the $200,000 budget surplus from the Leinster Street - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction project to establish a new 2018 project for upgrades to the watermain and sewermain on King Square South. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council reallocate surplus funds from the Leinster Street project to establish a new 2018 project for King Square South upgrades. PREVIOUS RESOLUTION October 2, 2017; 2018 Water & Sewerage Utility Fund Capital Program approved October 2, 2017; 2018 General Fund Capital Program approved REPORT Background The approved 2018 Water and Sewerage Utility Fund Capital Program and General Fund Capital Program included funding for the reconstruction of Leinster -2 - Street. The tender for Leinster Street Reconstruction closed on March 27, 2018 with a $200,000 budget surplus. Analysis As part of the Irving Oil limited (IOL) Headquarters building development at the corner of King Square South and Sydney Street, the developer IOL has agreed to supply and install granite curbing on King Square South between Sydney Street and the Imperial Theatre. In discussions with IOL, they have agreed to supply enough granite curbing to the City at no charge to complete the remainder of the curb on King Square South between the Imperial Theatre and Charlotte Street. Staff have included in the proposed 2019 Asphalt Resurfacing Program for the resurfacing of King Square South and for the installation of the granite curbing to be supplied by IOL. Prior to the installation of the granite curbing by the City on King Square South between the Theatre and Charlotte Street, the watermain (existing cast iron) and sewermain (existing terra cotta) in this section requires replacement. It is proposed to reallocate the $200,000 budget surplus from the Leinster Street project to the King Square South project to allow the watermain and sewermain to be replaced in advance of the surface work. The design work would be completed over the balance of 2018 and the construction work on King Square South would be tendered by the City for completion in 2019. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The $200,000 budget surplus from the Leinster Street project is an adequate amount of funding to replace the watermain and sewermain on King Square South between the Imperial Theatre and Charlotte Street. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Transportation and Environment Services, Saint John Water, Growth and Community Development and the City Manager's Office have coordinated their efforts resulting in this proposal for upgrades to King Square South. ATTACHMENTS N/A 6119] 1 41 COUNCIL REPORT M&C No. 2018-237 Report Date August 13, 2018 Meeting Date August 20, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date --1655 Manawagonish Road and 1770 Sand Cove Road OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Mark Reade Jacqueline Hamilton m I Jeff Trail RECOMMENDATION That Common Council reschedule the public hearings for the Section 59 Amendment applications of Caroline McAvity (1655 Manawagonish Road) and Brian Thorne and Sonya Dunn (1770 Sand Cove Road), for Monday September 24, 2018 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY The purpose of this report is to cancel the previously scheduled August 20, 2018 Public Hearings and reschedule them for Monday September 24, 2018. PREVIOUS RESOLUTION At its meeting of July 30, 2018 Common Council scheduled the public hearings for the Section 59 amendment applications of Caroline McAvity (1655 Manawagonish Road) and Brian Thorne and Sonya Dunn (1770 Sand Cove Road), for Monday August 20, 2018 at 6:30 p.m. in the Council Chamber, and referred the applications to the Planning Advisory Committee for a report and recommendation. REPORT At its meeting of July 30, 2018, Common Council scheduled the public hearings for the Section 59 Amendment applications of Caroline McAvity (1655 Manawagonish Road) and of Brian Thorne and Sonya Dunn (1770 Sand Cove 51 -2 - Road), for Monday August 20, 2018 at 6:30 p.m. in the Council Chamber, and referred the applications to the Planning Advisory Committee for a report and recommendation. As a follow-up to the Council meeting, staff determined that the incorrect date was included in the resolution. A revised resolution is proposed which satisfies all procedural timelines. Given this, rescheduling of the Public Hearing is required. The revised Public Hearing date is Monday September 24, 2018. Staff have reached -out to the applicants and apologized for the administrative error. STRATEGIC ALIGNMENT While the holding of public hearings for proposed rezoning and Section 59 amendments is a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approvals process works towards fulfilling key Council priorities including: • ensuring Saint John has a competitive business environment for investment, • supporting business retention and attraction; and • driving development in accordance with PlanSJ which creates the density required for efficient infrastructure and services. SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Service. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable ATTACHMENTS None 61 1 41 COUNCIL REPORT M&C No. 2018-245 Report Date August 14, 2018 Meeting Date August 20, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Update on Central Peninsula Neighbourhood Plan Adoption Timeline OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Jennifer Brown Jaqueline Hamilton/Phil Ouellette Jeff Trail RECOMMENDATION That Common Council, 1. Receive and file the attached report outlining the adoption timeline of the Central Peninsula Neighbourhood Plan. EXECUTIVE SUMMARY The Central Peninsula Neighbourhood Plan (the Plan) adoption was intended to be initiated at Council's August 20, 2018 meeting. Due to translation requirements, staffing constraints, and the necessity for increased legal review, the adoption timeline has been adjusted. The additional time will allow for more thorough review and testing of the regulatory framework resulting from the Plan and additional coordination with the Neighbourhood Action Team around implementation. Additionally, the adjusted timeline provides an opportunity for a more streamlined adoption process, allowing for full integration of amendments to the City's Heritage By-law. The coordinated approach will result in a cohesive final product which will be fully operational and implementable upon adoption, enhancing the City of Saint John's ability to deliver on expected outcomes of the Plan as it relates to residents, developers, and partners. 6V -2 - PREVIOUS RESOLUTION On July 9, 2018, Common Council resolved to: Receive and file a report outlining the final phase of engagement for the Central Peninsula Neighbourhood Plan. STRATEGIC ALIGNMENT As a priority related to a Vibrant, Safe City and Growth and Prosperity, focusing strategic investment in the City's core will accelerate urban growth, reduced urban sprawl, and encourage a more compact, livable, and fiscally sustainable community. REPORT Adoption of the Central Peninsula Neighbourhood Plan (the Plan) was intended to be initiated at the August 20, 2018 meeting of Council. The adoption was to be phased with amendments to the Municipal Plan, Zoning By-law, and Heritage By-law to be considered over several months with final adoption of the plan documents to occur by early 2019 and Heritage By-law amendments to be finalized by mid -year 2019. Staff believes there is sufficient reason to extend the timeline which will result in a stronger product for citizens, developers and partners. Some of the primary reasons behind extending the timeline include: • Additional time to fulfill the translation requirements and public participation and adoption of the Plan under the Community Planning Act and Official Languages Act; • Allow for full integration of the Heritage By-law amendments into the Plan adoption process; • Ensure the City is prepared to fully integrate the new expectations set by the Plan into its operations; • Allow time to work with the Neighbourhood Action Team on framing implementation and the go -forward governance structure; a key to the Plan's future success; • Provide opportunity for more thorough legal and practical review of the regulatory and design components of the Plan; • Allow for better alignment between the Plan and the City's 10 year Financial Plan; • Develop clear and concise communique with citizens, developers and partners on the intended impact of the plan and projected outcomes. 6'i! -3 - The objective is to have the Plan and all associated amendments and materials adopted by mid -year 2019 in preparation for construction season. This adjusted timeline considers inclusion of necessary steps to ensure the documents are fully operational by adoption; facilitating a seamless transition to implementation. The Process The Council adoption process contains multiple opportunities for public comment and Council input. There are currently four remaining decision points in addition to a decision point with the Planning Advisory Committee. These milestones are summarized below and are likely to be initiated in early 2019 and completed by mid -2019. • Council Decision Point – Initiate Adoption – Council will be asked to consider initiating the adoption process for the Plan and associated Municipal Plan and Zoning By-law amendments. This will initiate a 30 day public comment period as required under the Community Planning Act. • Council Decision Point – Referral to Planning Advisory Committee – Council will review the feedback received from the 30 day comment period. Should they choose to, Council will be given the opportunity to refer the Plan and associated Municipal Plan and Zoning By-law amendments to the Planning Advisory Committee and schedule the Public Hearing. • Planning Advisory Committee Meeting —At a special meeting date set by Council, the Planning Advisory Committee will consider the Plan and associated Municipal Plan and Zoning By -Law amendments, and make a recommendation to Council. • Council Decision Point– Public Hearing, First and Second Reading– Council will hold the Hearing and, satisfied with the public feedback and process, will proceed with first and second reading of the Plan, and Municipal Plan, Zoning and Heritage By-law amendments. • Council Decision Point –Third Reading– Concluding the adoption process, Council will consider Third Reading of the Neighbourhood Plan. Once Third Reading is complete, the Neighbourhood Plan will be registered and become legally binding. A sincere thank you is due to the residents and stakeholders who continue to express passion and ownership of the Plan. Their commitment to the neighbourhoods within the Central Peninsula has shaped the Plan into a focused, action -oriented plan with realistic, community supported goals. As the plan moves through the adoption process and into implementation, the community's collective confidence in their neighbourhoods will propel the plan forward, setting the stage for positive sustainable growth in the City's centre. 6191 -4 - SERVICE AND FINANCIAL OUTCOMES Neighbourhood planning provides a framework for enhanced service, building community capacity and encouraging re -investment in targeted neighbourhoods. Capital funding has been allocated to the implementation of the Central Peninsula Neighbourhood Plan which will be used to leverage private investment in key areas as directed by the plan. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Preliminary Draft of the Central Peninsula Neighbourhood Plan is reflective of substantial input from the community and stakeholders. The Neighbourhood Action Team has been pivotal in the development and vetting of the attached documents. Their insight and connection to the community will inform the ongoing engagement and carry the suite of documents through to implementation. Members of the Neighborhood Action Team include: • Kay Gillis; • Anne McShane; • Ben Appleby; • Councilor Donna Reardon; • Councilor Gerry Lowe; • Jeff Roach; • Lauchlan Ough; • Melissa Wakefield; and, • Milad Pirayegar. ATTACHMENTS 1►•[7iT� 67� 1 41 COUNCIL REPORT M&C No. 2018-229 Report Date August 03, 2018 Meeting Date August 20, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Amendment to Combined Loan and Grant Agreement- Canada Games Aquatic Center Energy Efficiency Retrofit OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Samir Yammine Kevin Fudge m I Jeff Trail RECOMMENDATION It is recommended that the City enter into an "Amending Agreement" with the Federation of Canadian Municipalities which will have the effect of amending Contract No. GMF10098- Canada Games Aquatic Centre Energy Efficiency Retrofit, dated July 27, 2011 in the form and upon the terms and conditions as attached; and, further, that the Mayor and Common Clerk be authorized to execute the said Amending Agreement. EXECUTIVE SUMMARY The purpose of this report is to seek Common Council's approval to enter into an amendment to the Combined Loan and Grant Agreement with the Federation of Canadian Municipalities for the Canada Games Aquatic Centre Energy Efficiency Retrofit (Contract No. GMF 10098). PREVIOUS RESOLUTION In July 27, 2011, the City (M&C 2011-159) entered into the Combined Loan and Grant Agreement with the Federation of Canadian Municipalities for the Canada Games Aquatic Center Energy Efficiency Retrofit. REPORT The Amending Agreement is consistent with all the terms and conditions of the original agreement with the exception of the interest rate for the loan amount and project completion date. The interest rate for the loan amount will increase 6'tl from 2.00% to 3.41 % for 10 years due to a change in Section 2.05 (c) of the Combined Loan and Grant Agreement, which indicates that the interest rate is based on the 10 year benchmark bond yield plus 0.9% per annum, however the rate shall not be lower than 3.41 % per annum. The original agreement stated that the rate shall not be lower than 2.00% per annum. The reason for the amendment is the original agreement had expired, meaning it was not disbursed within 3 years of original signature and was beyond the completion date that had been provided with when FCM drafted the original agreement. ANALYSIS The agreement will provide the City with access to the following grant and loan amount: • A grant in the amount of up to $233,356 of eligible costs; and • A low interest loan in the amount of up to $1.5 million. The loan and grant funding will be used toward the installation cost of the following energy retrofit measures and asset renewal. The majority of these measures have been completed with the exception of the Domestic Hot Water System upgrade, which should be completed in September 2018: • Installation of two high efficiency boilers • Installation of high efficiency lighting system (LED) in the competition and leisure pools area • Upgrading the HVAC control system • Installation of the two main air handling units for the competition and leisure pools • Installation of new domestic hot water system • Installation of Variable Frequency Drives (VFD) for the various pumps • Installation of low flow shower heads These measures will result in the following benefits to the community and the City: • Reduce the Aquatic Centre's energy and operating costs by approximately $250,000 annually; • Reduce the City Infrastructure deficit by over $2 Million through investment in asset renewal; • Improve the indoor air quality of the building through the installation state of art technologies for HVAC, lighting, heat recovery system; • Improve customer service and reliability of asset performance thus minimizing risks associated with assets failure; and 6'1:3 -3- • Meet lighting standard under the Illuminating Engineering Society (IES) recommended guideline for light level of national competition. STRATEGIC ALIGNMENT The Canada Games Aquatic Centre will align with the following Council's Priorities: Vibrant, Safe City: • Invest in arts, culture and recreation experiences that create a sense of community pride. Asset Management Policy & Strategy: • Improve the decisions related to the management of the City's assets • Improve the management of the City's exposure to risks of reduced service delivery • Implement asset management activities to define and quantify asset lifecycle needs based on risk, lifecycle cost (including the cost of greenhouse gas emissions) and service provision. SERVICE AND FINANCIAL OUTCOMES The City will receive a total grant up to $233,356 and a low interest loan up to $1.5 million toward the total cost of the Canada Games Aquatic Centre Renovation Project. This fund will help to reduce the City's operating and capital costs. Most of the proposed energy efficiency measures have been completed and were charged to the general fund capital budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Finance and Administrative Services and Legal Departments have reviewed the attached Agreement and are satisfied with the recommendation as they pertain to their respective areas of services. ATTACHMENTS 1- Amendment to Combined Loan and Grant Agreement For GMF 10098 - Canada Games Aquatic Center Energy Efficiency Retrofit 6'1%] President PrLsidente JO)my Grba;i Depot,v ma,,�Or Ofy cf Wfnnipog, tIB Fkst Vice-PresWent Preniev Oce-pr6sident &11 Par's I Rer, 4 cy i,a Municipahty, NIS Second Vice -President Deuxierne vice-president Gailh F�ineeH CIDTwin sr C I I y V, c 6,r r.) 7 q E? Vice-Prestident at Large Vice-prosident hors cadre EdWRouiei�U ('Ae dc? Ccwv"O, (,f a Pllt,t President President Sor�tar)t -yaw ir, fllor Regional Hunicipai�',y «A Halu�.)n, CYN Chief Execotive Officer Cher de da direcflon Bro,,-, k CmHun C)tta.vva 0�,,,i MaMng address/ adresse Postale, 24, 1 ue C lar onro Sreet, 3 522� 1 6E3 241 74/0 vvw w t( r n ca fW0 May 17, 2018 Mr. Scott Brittain Solicitor City of Saint John IS Market Square Saint John, NB E21, 4L I RE: Amendment to Combined Loan and Grant Agreement for GNIF 10098 — City of Saint John Canada Games Aquatic Centre Energy Efficiency Retrofit The City of Saint John entered into a 'combined loan and grant agreement with the Federation of Canadian Municipalities ("FCM"), dated July 27, 2011, for its City of Saint John Canada Games Aquatic Centre Energy Efficiency Retrofit (the ""Combined Loan and Grant Agreement"), FCM and the City of Saint John want to amend the Combined Loan and Grant Agreement, By this amending letter agreement (the "Letter Agreement") FCM and the City of Saint John want to confirm amendments to sections 1.01, 2.03, 2.04, 2.05 (c)�, Schedule 8 and Schedule 3 of the Combined Loan and Grant Agreement, effective as of the date of this Letter Agreement, FC.M, and.. the City of Saint John acknowledge and agree that: 1. Section 1.01 Definitions of the: Cornbined Loan and Grant Agreement, which reads as follows; "Term" shall begin on the Disbursement Date and end on such date which is 240 months after the Disbursement Date; Is now deleted and replaced with the following (the highlighted wording identifies the change) "Term" shall begin on the Disbursement Date and end on such date which is 120 months after the Disbursement Date; I. Section 2.03 of the Combined Loan and Grant Agreement, which reads as 'hollows: (7MF]0098;LetierAmeiid`rihgAgrce,ni�nt Ais] May 17 Page I ti,.r 14 AI Project CoMpletion Date. The Municipality anticipates that the Project will be Substantially Performed by no later than the 30"' day of December, 2016 (the "Project Completion Date"), As contemplated by Section 5.03 the Municipality shall inform FCM as soon as it becomes aware that the Project is not likely to be Substantially Performed by such date. Is now deleted and replaced with the following (the highlighted wording identifies the change): Pr9dect Completion Dante. The Municipality anticipates that the Project will be Substantially Performed by no later than the 31" day of December, 2018 (the "Project Completion Date"). As contemplated by Section 5.03 the Municipality shall inform FCM as soon, as it becomes aware that the Project is not likely to be Substantially Performed by such date. 3. Section 2.04 of the Combined Loan and Grant Agreement, which reads as follows: Loan Expiration Date. If the Municipality fails to meet the conditions of Disbursement set forth in Article 3, and/or fails to request the Disbursement as provided for in Section 2,0,5 within three (3) years from the date of this Agreement, then FCM may, at its sole and absolute discretion and on notice to the Municipality, forthwith terminate this Agreement, Is now deleted and replaced with the following (the highlighted wording identifies the change): Loan Expiration Date. If the Municipality fails to meet the conditions of Disbursement set forth in Article 3, and/or fails to request the Disbursement as provided for, in Section 2.05 within seven (7) years five (5) months frorn the date of this Agreement, then FCM may, at its sole and absolute discretion and on notice to the Municipality, forthwith terminate this Agreement. 4. Section 2.05 (c) of the Combined Loan and Grant Agreement, which reads as follows: (c) on such date which is fifteen (15) Business Days prior to the Disbursement Date, confirm to the Municipality and NBMFC the annual interest rate applicable to the Nl3MFC Loan, which shall be the same as the FCM Loan, that is equal to the higher of, (i) (A) the average of the GoC ten (1(1),year benchmark bond yield and the long-term GoC benchmark bond yield both in effect sixteen (16), Business Day's immediately preceding the Disbursement Date (which yields will be shown on the website of the Bank of Canada at www.bankofcanada.ca) minus (B) one point fifty percent (1 .50%) per annum; and (ii) two percent (2.00%) per annum. Is now deleted arid replaced with the following (the highlighted wording identities the change): 04HOO98, kiln A mendingApeemeni! May 0 Ngc .04 I'M M (c) on such date which is fifteen (15) Business Days prior to the Disbursement Date, confirm to the Municipality and NBMFC the annual interest rate applicable to the NBMFC Loan, which shall be the saine as the FCM Loan, that is equal to the higher of: (i) the sum of. (A) GoC ten (10) year benchmark bond yield in effect sixteen (16) Business Days immediately preceding the Disbursement Date (and which yield will be on, the website of the Bank of Canada at www.bankofcanada.ca) plus (B) zero point nine percent (0.90%) per annum; or (ii) three point forty one percent (3.41%,) per annurn. 5. Sc hed u le B of the Combined Loan and Grant Agreement, is deleted and replaced with the foil owing �: SCHEDULE B Form of Request for Loan Disbursement and/or Grant Contribution [LETTERHEAD OF THE MUNICIPALITY] 90 Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K IN 513 Attention: Ms. Nathalie Lapointe Project Officer Ladies and Gentlemen: Re: Green Municipal Fund — Project No. 10098 Loan and Grant Agreement between the Federation of Canadian Municipalities (as Trustee') and the Corporation of the City of Saint John ("Municipality") (the "Agreement") FVM1 the Municipality is requesting the Disbursement and First Grant Contribution and that the Municipality has satisfied each of the conditions of disbursement listed in this table. I am placing a check mark to the left of each row 'to demonstrate that the Municipality has met each condition, by providing the required confirmation, information or documentation. The Municioalitv would like to receive the funds on GMMOC98, Leller Arneniffing Apeement May 1 7, 2018 Page 3 of 14 ARI UMFIMY-M LelverAmndingAgeevnew May 17, '20'18 Page 4 of14 JJ/[. . . . . . . . . . . . . The Municipality would like the funds to be disbursed to the following account. Narne- New Brunswick Municipal Finance Corporation Naine of Bank: Royal Bank Address of Bank: 504 Queen Street, Fredericton, NB E3B 561 Telephone no. of Bank: XXX-XXX-XXXX Bank SWIFT no.: leX. NOSCCATTOTTI Bank no.: 003 Transit no.: 00884 to the credi!t of NBMFC's Account no.122-853-5 ■ 21il I ...... . . 51 The Municipality satisfied the following additional conditions, imposed by the FCM board of directors: no tions imposed I am attaching to this request for disbursement (check all): 0 a copy of the Certificate of Incumbency and Authority in the form of Schedule C. -71 a Legal Opinion (external or internal) in the form of Schedule D, C1 a copy of the Authorizing Resolution as required by Article 5 of the Agreement. 0 a document, prepared by a qualified professional (e.g. engineer, architect) confirming that the Project was Substantially Performed on 0 confirmation of compliance with Section 6.0 1 (k)(jv) of the Agreement. n an updated Part 3 of'Schedule A that shows the final sources of funding as it relates to the total project costs provided above. UMFIMY-M LelverAmndingAgeevnew May 17, '20'18 Page 4 of14 AYA CiMNOM Lever Amending Agicement M" V?, 2018 Patte 5 of 14 Cl f fire Financial Audit in the form of Schedule E (Audit Report and Statement of Expenses). a a Project oject Completion Report in the form of Schedule G, that FCM can post on its public website, which does not infringe a third party's copyright and does not contain any Confidential Information OR two Project Completion Reports (one that contains Confidential Information and the other one that can be posted on FCM's public website') at least one photo demonstrating that the Municipality posted Signage in accordance with Schedule 1. The Municipality has obtained, or has made other arrangements satisfactory to FCM for obtaining, all approvals, consents, authorizations and licences that are required under the laws of the Province of New Brunswick and of Canada in order for tile Municipality to enter into and cornply with this Agreement and to undertake and complete the Project. The representations and warranties confirmed or made in the Agreement with respect to the Municipality will be true on and as of the Disbursement Date (date that the New Brunswick Municipal Finance Corporation advances the loan to the Municipality) and First Grant Contribution Date (same date as the Disbursement Date) with the sarne effect as though such representations and warranties have been made oil and as of the Disbursement Date and, FirstGrant Contribution Date, All covenants and other obligations of the Municipality in the Agreement to be performed or complied with as of the Disbursement Date and First Grant Contribution: Date have been performed or complied with as of the Disbursement Date and First Grant Contribution Date. No act or event does or may materially and adversely affect the Project or the ability of the Municipality to perform its obligations under the Agreement and the Project or any of its other obligations that are material to the Municipality has occurred, No Event of Default with respect to the Municipality has occurred and is continuing. All of the conditions contained in Article 6 of the Agreement, to be performed or satisfied by the Municipality on the Disbursement Date and First Grant Contribution Date have been performed or satisfied. If any confirmation, information or documentation provided with this table is not true and: correct as of the Disbursement Date and First Grant Contribution Date, the Municipality will immediately notify FCM prior to the making of the payment by FCM. The Municipality agrees that all of the conditions listed in this table must be completed to the satisfaction of FCM and that all capitalized, terms have the meaning attributed to them in the Agreement Date. CiMNOM Lever Amending Agicement M" V?, 2018 Patte 5 of 14 C:1'] 5. Schedule J Is now deleted and replaced with the following (the highlighted wording identifies the change): 041FUNUvWX NBMFC Steps This borrowing process agreement is dated November 24 , 2017, and is between the FEDERATION OF CANADIAN MUNICIPAt,iTIES, a federal corporation (-FCM-) and the NEW BRUNSWICK MUNICIPAL FINANCE CORPORATION ("MFC"), a body corporate established by the New Brunswick Municipal P"inance COrporation Act, Chapter N-62 of the Revised Statutes, of New Brunswick (the "Act"). FCM is the trustee of the Green Municipal Fund ("GMF"), established by the Government of Canada to assist municipalities in Canada with municipal environmental projects. MFC provides financing for Municipalities and municipal enterprises in New Brunswick through a central borrowing authority. FCM has agreed to provide GMF loans to MFC', to enable MFC to lend the funds to New Brunswick municipalities and municipal enterprises,, which have been approved for GMF funding, FCM will provide GMF grants directly to New Brunswick municipalities and municipal enterprises without involving MFC. The parties agree as follows: 1. Application to Municipal Capital Borrowing Board ("MCBB") Prior to submitting an, application to FCM, a New Brunswick municipality, or a New Brunswick municipal enterprise as defined in the Act (collectively the "Municipality" or "Municipalities"'), shall submit an application for authorization to borrow to the MCBB, The Municipality shall indicate in its submission to the MCBB, the amount it is seeking in the form of a loan and any grant it might also be requesting from FCM. The City of Faint John is exempt from MCBB approval. 2. Application to FCM Once the authorization has been received frorn the MCBB, the Municipality shall submit an application to FCM. The authorization by the MCBB must be included in the application submitted to FCM. fAIF10048 LetwAnviding Agreement MAY 17, 2018 Page 6 of 14 hill 71 3. Letter of funding approval from FCM FCM will send MFC, for information only, a copy of the letter that FCM sends to the mayor of each Municipality that it agrees to fund. The letter willl specify the amount of the loan and, if applicable, the amount of the grant, 4. Project agreement with FCM A project agreement between FCM and the Municipality (the "Agreement") will be signed for a project that has been approved for GMF funding. The Agreement will include the amount, term and conditions of the loan and, if applicable, of the grant. All documents required to be submitted with respect to the loan and, if applicable, of the grant, will also be noted in the Agreement. 5. Application to FCM by a Municipality for disbursement of" the loan When the project is completed, the Municipality will submit to FCM a request for disbursement of the loan accompanied by evidence that it has satisfied all the conditions of disbursement of the loan set out in the Agreement. Within 30 days of receiving a request for disbursement of the loan, FCM will verify whether the Municipality satisfied all of the conditions of disbursement of the loan set out in tile Agreement and if it has, FCM will calculate tile exact amount of the loan (the "Principal Amount of the Loan"), based on the eligible costs that the Municipality incurred for the project, FCM will then send a letter to the Municipality confirming the term and Principal Amount of the Loan, FCM will send a copy of the letter to the Director Community Finance, Department of Local Government, Province of New Brunswick and to tile Managing Director Banking and Cash Management, New Brunswick Municipal Finance Corporation. The sole purpose of sending a copy of the letter to MFC is to provide MFC with the amount and term of the approved loan. 6. Application by Municipality to MFC At least twice a year, MFC will contact all the Municipalities for which FCM has given a letter to MFC (in accordance with section 5) to request that these Municipalities submit their applications for financing to MFC before a date: specified by MFC. 7. Notice of MFC's intent to disburse to the Municipality MFC will inform FCM in writing of the date that it will' advance the Principal Amount orthe Loan to the Municipality or Municipalities, as applicable (the "Disbursement Date"). For greater clarity, the Principal Amount of the Loan for each Municipality will be the sarne as the one contained in the letter referred to in section 5. FCM will require a 30 -day notice of the Disbursement Dale and will acknowledge the Disbursement Date in writing to MFC, 8. Determinationof interest rate by FCM (a) For ten (10) year loans, the applicable interest rate will be the greater of: (i) the suras of. (A) Go,C ten (10) year benchmark bond yield in effect sixteen (1 6) Business Days immediately preceding the Disbursement, Date (and which yield will be on CJM F 1 W98 Le lle; Arn-ndmg AgroanwM May 17,2W8 Page Id 14 rAl 977ATMM i— . "Y MMITIRM M -M, percent (0.N0+) per annum; or (ii) three point four one percent (3.41%) per annum. (b) For twenty (20) year loans, the applicable interest rate will be the, greater of (j) the sum of: (A) the yield that is the average of (a) the GoC ten (10) year benchmark bond yield and (b) the long-term GoC benchmark bond yield (both in effect sixteen (16) Business Days immediately preceding the Disbursement Date and on the website of the Batik of Canada at www.bankoficanada,ca) plus (B) one point three rive percent (1.35%) per annum; or (ii) four percent (4,M%) per annum. (c) FCM's policies for calculating interest rates may be subject to change at the discretion of' FM In the event that MFC considers the policies as inappropriate for determining the interest rate for a particular teen for a loan, MFC will notify FCM in writing to that effect, (d) The applicable interest rate(s) will be communicated in writing to MFC on the date the base rate(s) are posted on the Bank of Canada website, MFC will confirm in writing to FCM its acceptance or rejection of the rate(s) within one Business Day of receipt of the communication, MFC will reject the interest rates) only if FCM makes an error when determining the applicable interest rate(s) and will give FCM notice of such error. Upon receiving such notice, FCM will recalculate the applicable interest rate(s) and communicate them in writing to MFC. 9. Determination of the maturity schedule by MFC MFC will prepare a maturity schedule based on the effective interest rate provided by FCM, as described in section 8, and send a draft to FCM as soon as possible. MFC will send a final maturity schedule to FCM, as described in section I O. 10. Conditions of disbursement FCM shall remit the Principal Amount of the Loan on the Disbursement Date subject to MFC providing to FCM, at least two Business Days before the Disbursement Date: (a) a copy of the MFC resolution and of the Order of the Lieutenant -Governor in Council, as set out in section 16; (b) a letter indicating the PrincipalAmount of the Loan to be disbursed to each Municipality (the "Letter") in the form of Schedule A; and (c) a debenture in the amount of the Principal Amount of the L,oan payable to FCM, issued by MFC and guaranteed by the Province of New Brunswick (the "Debenture") in GMF 1 (099'Lever Amd,V, Apmerseril May 17, 2018 Nge 9 0 14 rAE, I NO consideration of the fund's to be received, in the forin of'Schedule B. The Debenture will include the maturity schedule referred to in section 9. 11. Transfer of procceds by FCM to MFC Subject to all the documentation described in section 10 having been received by FCM from MFC and having been found satisfactory by FCM, on the Disbursement Date, FCM wi I I transfer the Principal Amount of the Loan in consideration of the Debenture, to the bank account of MFC at: Narne of Bank: Royal Bank of Canada Address of Bank: 504 Queen Street, Fredericton, New Brunswick E3B 561 Batik no.: 0003 Transit no.: 00884 to the credit of MFC's account no.: 122-8�53-5 and the loan reference no.: GMF XX FCM will continue to transfer funds to the same bank account unless advised of an alternate bank account by MFC in writing at least five (5) Business Days in advance of a disbursement. 12. Release of funds to Municipalities On the Disbursement Date, subject to confirmation of the receipt of the correct Loan arnount from FCM MFC shall transfer to each Municipality the Principal Arnount of the Loan, less the standard MFC administrative fee charged by MIC. MFC shall' not require the Municipality to pay a higher interest rate than the interest rate that MFC will pay to FCM, as determined pursuant to section 8. MFC shall require that the interest paid by the Municipality be calculated, accrued and paid half -yearly not in advance, from the Disbursement Date, until the loan has been repaid in full. 13. Principal and interest payments by MFC to FCM (a) Payments of principal and interest due to FCM under this bon -owing process agreement shall be made by MFC to FCAI's credit at: Name of Bank: Royal Bank ofCanada Address of Bank: 90 Sparks Street, Ottawa, Ontario, K I P 5T6 Bank no.: 003 Transit no.: 00006 to the credit of FCM"s account no.: 102-427-2 and the Loan reference no.: GMF XX or as FCM may otherwise designate from time to time by notice to MFC, such notice to be given at least five Business Days before the date that a payrnent is due from MFC - GMF 10098, Low, Annnd,ng Atpcmem Ma� � 7, 2018 Page, 9 of 14 WA (b) Interest at the rate determined under section 8 shall be calculated and accrued half -yearly, not in advance, from the Disbursement Date until the loan has been repaid in full as indicated in the, maturity schedule. (c) MFC shall pay FCM interest half -yearly in two equal arnounts, not in advance, cornmencing, on the date that is six months subsequent to the Disbursement. Date and will continue to pay interest half -yearly., not in advance, until the loan has been repaid in full as indicated in the maturity schedule. (d) MFC' shall repay FCM the loan in yearly installments as indicated in the maturity schedule, commencing on the first (1 ") anniversary of the Disbursement Date. (c) MFC shall transl"er interest and principal payments electronically to the bank account of FCM in the manner and in the amounts set forth in the maturity schedule. MFC will continue to transfer interest and principal payments to the same bank account unless advised of an alternate bank account by FCM in writing at least five Business Days in advance of a payment due date. Electronic transfers will be used for interest and principal payments unless another form of payment is agreed to by MFC and FCM. (1) Where any payment to be made or obligation to be performed under this borrowing process agreement falls on a day that is not a Business Day, the payment will be made or the obligation will be performed on the next succeeding Business Day. 14. Repayment of principal and interest by Municipalities Municipalities will make interest and principal payments on their debentures to MFC in the same manner as they do for all other debenture issues. 15. Return of Cancelled Debenture to MFC When MFCs Debenture has been repaid in full, FCM will cancel the Debenture and return it to MFC. 16. Evidence of authority to enter into the borrowing process agreement and issue MFC debentures MFC represents and warrants that, is has the authority to enter into this borrowing ng process agreement and to issue Debentures to FCM. MFC confirms that prior to the issuance of Debentures to FCM, resolutions will be properly passed, by its Board of Directors approving the issuance and sale of said Debentures. Each Debenture will be a direct, unsecured obligation of MFC that will rank equally and ratably with all other Debentures of MFC. MFC confirms, that all Debentures issued by MFC are valid and legally binding obligations of MFC and are enfbrceable. GMN0048 Letter Arnendlng AgreemenT May 17, 2D19 Ngv 'E0 of 14 N-11 Wel The principal of and interest on the Debentures is guaranteed by the Province of New Brunswick. MFC shall request that the Lieutenant -Governor in Council approve the guarantee prior to the issuance of tile Debentures to FCM. 17. Interest in the event of default If MFC defaults in the payment of any sum due in tile manner and in the amounts set forth in the maturity schedule, MFC shall, until such overdue principal and/or interest amount(s) has,/have been paid in full, pay to FCM interest on the Principal Amount of the Loan and/or interest thereon then outstanding at all annual rate that equals: (a) the annual rate provided for in section 8 plus (b) two percent (2.00%) per annum, calculated frorn the date of such default. Any payment received by FCMfrom MFC following default in the, payment of any sum due for the Principal Amount of the Loan or interest thereon by MFC: shall be applied, first, to the interest incurred pursuant to this section 17 in respect of such overdue principal and/or interest amount(s), secondly, in respect of the interest on the overdue Principal Arnount of the Loan and, thirdly, in respect of the overdue Principal Amount of tile Loan. This section does not apply if the failure by MFC to pay is beyond its reasonable control including such events as technical difficulties such that the banks are unable to transfer funds, 18. Guarantee If MFC defaults in the payments of any sum due in the manner and in the amounts set forth in the maturity schedule, FCM will contact the Minister of Finance, Province of New Brunswick to request payment of the arnount owing under the guarantee unless: (a) MFC makes the payment that is due on the same Business Day that FCM notifies MFC of the late payment, if such notification is made before 4:00 pm Fredericton local th-ne; or (b) MFC makes the payment that is duc on the Business Day following the day that FCM, notifies MFC of the late payment, if such notification is made after 4:00 pm Fredericton local th-ne, This section does not apply if the failure by MFC to pay is beyond its reasonable control including such events as technical difficulties such that the banks are unable to transfer funds, Should' FCM be required to retain legal counsel to effect payment under the Debenture including tile, Debenture guarantee,, MFC will rein-iburse FCM for reasonable legal costs. 19. MFC's financial commitments tinder this, borrowing process agreement MTC's sole commitment is to borrow the funds from FCM and issue a Debenture(s) in respect thereof, to advance the funds to the Municipalities and to make payments of the amounts due and payable under the Debenture(s). For certainty, MFC will not be responsible or liable for ensuring that Municipalities meet their obligations or commitments to FCM. Any arrangements or agreement between a Municipality and FCM regarding, among other things, the use of funds to be loaned by MFC to the Municipality are solely between FCM and the Municipality. GMH 0098 LeHK Am,ndmg Agarnl May 17,2WF Page 11 of 14 FCM E-1191 E -11I 20. Addresses for notices Any communication required to be provided in writing may be sent by e-mail with subsequent confirmation from the recipient that the information was received. Any notices or communications to MFC should be given to the following address: New Brunswick Municipal Finance Corporation c/o Treasury Division, Department of Finance Province of New Brunswick 670 King St., P,O. Box 6000 Fredericton, New Brunswick E3B 5H I Attn: Managing, Director Banking and Car'911 Management E-mail Address: Catherinejnosher&Lnb.ca Any notices or communications to FCM should be given to the following address: Federation of Canadian Municipalities 24 Clarence Street Ottawa, Ontario K IN 5P3 Attn: Finance Manager E-mail Address-, pgilIen&fcm,ca 21, Term and Termination This borrowing process agreement shall continue in force and effect for a five (5) year term from the date hereof, but may be terminated by either party upon the provision of sixty (60) days, advance written notice to the other party. For certainty, tennination of this borrowing process agreement will not aft. "ect MFC's obligation to make payment of the amounts due and payable tinder all the Debentures issued by it prior to the date of termination. 22. Business Days For the purposes oft is borrowing process agreement, a Business Day is any day not falling oil a week -end or oil a public holiday under the laws of Brunswick or Ontario. 23, Assignment "this borrowing process agreement shall be binding upon arid inure to the benefit of the parties hereto and their respective successors and assigns, with the: prior written consent of the other party. Notwithstanding the foregoing, ICM shall have the right to sell or transfer, the Debenture or Debentures, as applicable, that it will receive from MFC, withoutthe consent of MFC. GWIM98 Leve, Arm v,Wmg Agm—ni May 17, 2018 Page 12 of 14 E:ic3 24. Amendment Any amendment of any provision of this borrowing process agreement, including the schedules, must be in writing and signed by both parties, IN WITNESS WHEREOF the parties hereto have executed this agreement as of the date first written above. NEW BRUNSWICK MUNICIPAL FINANCE CORPORATION By. original signature On file Mr. Leonard Lee -White Vice -President, New Brunswick Municipal Finance Corporation I have iauthorily to bind A1FC here in FEDERATION OF CANADIAN MUNICIPALITIES By: original signature on file Mr. Chris Boivin, Managing Director Green Municipal Fund I have audiority, to bind CCM herein Notwithstanding the foregoing and for greater certainty, any waiver of, or consent to depart from, the requirements of any provision of the Combined Loan and Grant Agreement shall be effective only in the specific instance and for the specific purpose for which it has been given by the FCM. No failure on the part of the FCM to exercise, and no delay in exercising, any right under the Combined Loan and Grant Agreement shall operate as a waiver of that right. Unless specifically modified by this Letter Agreement, all other terms and conditions of the Combined Loan and Grant Agreement shall remain unamended and in full force. Capitalized terms not otherwise defined herein have the meanings attributed thereto in the Agreement,. 'rhe undersigned shall promptly do, make, execute, deliver or cause to be done, made, executed or delivered, all such further acts, documents, directions, payments and things as the other parties hereto may require, acting reasonably, from time to time for the purpose of giving effect to this Letter Agreement and shall Use reasonable efforts and take all such steps as may be reasonably within its power to implement to the full extent the provisions of this Letter Agreement, CAfF 1098 Lovei Amondmg Agreenhem Mny 17, 20 18 Page 13 or 1 I E-Im This Letter Agreement is binding, upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. This Letter Agreement shall be construed in accordance with the laws of province of Ontario and the laws of Canada applicable therein. This Letter Agreernent may be executed in several counterparts arnd each of which, so executed shall be deemed to be an original and such counterparts together shall be but one and the same instrument,. A copy of this Letter Agreement executed by any party and transmitted by facsimile shall be binding upon the parties in the same manner as an original executed copy and delivered in person. Yours truly, Per: W - Chris Boivin, N-TaMaging Director, GMF Date: I have azilhority to bind FVMherein. CCTV OF SAINTJOHN Per: Mr. Don Darling, Mayor Date. I have outhority, to bind the City (?I SaintJohn het GMH0099 Lenei AnwndmgAgrecmew May 37 2019 Page R4 of 14 FCM E:Yl 1 41 COUNCIL REPORT M&C No. 2018-214 Report Date August 15, 2018 Meeting Date August 20, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Core IT Network and Server Equipment Contracts OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Robert James Stephanie Rackley -Roach Neil Jacobsen Jeff Trail RECOMMENDATION The City Manager recommends that the Mayor and Common Clerk authorize staff to leverage the provincial government's vendor supply agreements to draft new contracts for Core IT Network and Server Equipment, exercising the City's right under the Public Procurement Act of the Province of New Brunswick. EXECUTIVE SUMMARY The City has leveraged provincial contracts for core IT Network and Server equipment which have expired. The province has since awarded new contracts. Many pieces of network and server equipment that are at the core of the City's information technology systems and opertations is at or past end of life and requires replacement as it is no longer supported by the vendors. This equipment provides the basis for many municipal services and operations. In order to provide functional, secure and reliable infrastructure for these services, equipment must be updated, maintained and supported by the vendors. As before, these new agreements provide good value for the City of Saint John in purchasing required equipment by leveraging the Province of New Brunswick's much larger purchasing power and associated standing offer pricing. PREVIOUS RESOLUTION N/A REPORT E:1:3 -2 - Previous agreements for Cisco network equipment and server equipment was held under one contract with Bell Aliant which expired March 31, 2018. An agreement for Dell/EMC storage with Unis Lumin (Softchoice) expired on October 31, 2017. The province has awarded new separate contracts for Cisco network equipment to Onx Enterprise Solutions Ltd. and Cisco server equipment to IMP Solutions as well as a new contract for Dell/EMC storage to IMP Solutions. Examples of the savings these three new contracts provide the City for equipment to be purchased as show below: Service Savings Cisco Switches and Firewalls 58% off CAD list prices Cisco Branded Smartnet Support 38% off CAD list prices Cisco Branded Service Provider Smartnet Support 75% off CAD list prices Cisco UCS Blade Chassis and Servers 71% off CAD list prices VNX and Unity Storage solutions 45% off CAD list prices Appendix A provides some detail around anticipated purchasing under these agreements. STRATEGIC ALIGNMENT As outlined in Council Priorities, the City is looking for strategic approaches to financial management, including leveraging collaborative procurement opportunities. The City can leverage the same pricing for IT equipment that was negotiated by the Province of New Brunswick, providing good value for the City and its citizens. SERVICE AND FINANCIAL OUTCOMES The purchase of the equipment on these contracts will come from the Technology Reserve Fund approved as part of the 2018 capital budget. The purchase of the equipment will ensure the security and reliability of the City's information technology infrastructure in order to continue providing the network functionality. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Materials Management department is supportive of proceeding with the contracts. E-lue -3 - ATTACHMENTS Appendix A - Overview of equipment to be purchased from contracts. Provincial Contract # P802815818 Component Description Budget Year 2018 2019 2020 2021 2022 2023 Cisco UCS Blade chassis for housing $15,000 $15,000 $30,000 $25,000 $25,000 $15,000 Chassis and connecting blade Switches servers Cisco UCS Blade Servers confirgured $35,000 $35,000 $120,000 $25,000 $70,000 Blades for virtual server Cisco Wireless environment and $30,000 $30,000 $30,000 $30,000 EMC Enterprise backup $200,000 $200,000 $200,000 $200,000 replacement solutions Total handhelds in parking, $50,000 $50,000 $150,000 $25,000 $0 $85,000 Provincial Contract # P802815218 Component Description Budget Year 2018 2019 2020 2021 2022 2023 EMC additional Storage to support $25,000 $25,000 $25,000 $25,000 $25,000 $70,000 disk storage growing virtual server Switches environment for Cisco SmartNet applications as well as Support storage for increased Cisco Wireless data $30,000 $30,000 $30,000 $30,000 EMC Replacement of End of $200,000 $200,000 $200,000 $200,000 replacement Life SAN systems SAN Stroage handhelds in parking, Total 1 1 $25,000 1 $225,000 1 $225,000 1 $225,000 1 $225,000 1$70,000 Provincial Contract # P802818618 Component Description Budget Year 2018 2019 2020 2021 2022 2023 Cisco Firewalls Provide Secure $200,000 $113,000 $60,000 $60,000 $225,000 $325,000 Cisco Network network connectivity Switches in and between City Cisco SmartNet facilities. Support Cisco Wireless Provide Internal wifi $30,000 $30,000 $30,000 $30,000 Access Points for laptops, data for mobile devices, handhelds in parking, stores and Police property control. Also provides public wifi and ESJ Smart and Connected Communities project. Total 1 $200,000 1 $143,000 1 $90,000 1 $90,000 1 $255,000 1$325,000 0191 1 41 COUNCIL REPORT M&C No. 2018-231 Report Date August 03, 2018 Meeting Date August 20, 2018 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2018-086501P — Digital Imaging Equipment OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadActing City Manager Sarah Ranson Evelyn Hatfield Stephanie Rackley -Roach Neil Jacobsen RECOMMENDATION The City Manager recommends that the Mayor and Common Council award the proposal for the establishment of a supply and service agreement for Digital Imaging Equipment to the lowest cost and most fully compliant bid as submitted by Xerox Canada Ltd., and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to award the supply and service agreement for Digital Imaging Equipment for a 60 month term with an additional twelve (12) months extension to Xerox Canada Ltd. PREVIOUS RESOLUTIONS 2011 - That as recommended by the City Manager in the submitted report M&C 2011- 187: Digital Imaging Equipment, Council accept the offer submitted by Konica Minolta, for the supply of digital imaging machines, as per the prices and conditions contained in their proposal for a term of 60 months and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 2016 - That as recommended by the City Manager in the submitted report M&C 2016- 239: Extension of the Multifunctional Printer Agreement with Konica Minolta, the City extend the Multi functional Printer (MFP) agreement with Konica Minolta for the supply and maintenance of Multi functional Printers for a period of 14 months. 021 -2 - REPORT The City of Saint John utilizes a fleet of digital imagining equipment that print, copy and scan documents. The current contract, which is based on a cost per copy charge, was in place since 2011 including two separate extensions to the original contract. The extensions were sought as releasing an RFP was on hold while other strategic initiatives were evaluated or being undertaken, such as the relocation of City Hall. However, some of the units have exhausted their lifecycle and were becoming prone to requiring service. A requirements exercise allowed for current requirements to be determined, increased standardization (include units that were billed outside of the agreement), and allowed us to partner with the City of Moncton and explore new technology and features. It is anticipated that additional cost savings and efficiencies will be achieved through pairing new technology and features with process improvement. STRATEGIC ALIGNMENT A robust requirements and procurement process supports the organization in being fiscally responsible by striving for operational efficiencies. Additionally, Council's Priority of Valued Service Delivery is demonstrated by the Saint John — Moncton Partnership to jointly procure the supply and service of digital imaging equipment. SERVICE AND FINANCIAL OUTCOMES While various costing options were requested and submitted, Xerox Canada Ltd. has offered the City the following pricing for a 60 month cost per copy lease, which is the lowest price bid and has been deemed by the evaluation team to be the term most favourable to the City; • 0.0342 cents per black and white copy for the first 605,940 copies per year • 0.0054 cents per black and white copy for any copies over 605,940 per year • 0.0794 cents per colour copy for the first 591,024 copies per year • 0.0520 cents per colour copy for any copies over 591,024 per year This price schedule, based on the previous 12 months experience, translates into the following annual total cost projection: *1,491,588 copies of black and white and 591,024 copies of colour ON -3- 1,491,588 black and white copies 605,940 copies @ 0.0342 (guaranteed copies) = $ 20,723.15 885,648 copies @ 0.0054 (overage copies) _ $ 4,782.50 Total Yearly spend for B/W Copies $ 25,505.65 591,024 colour copies 591,024 copies @ 0.0794 (guaranteed copies) = $ 46,927.31 0 copies @ 0.0520 (overage copies) _ $ 0.00 Total Yearly Spend for Colour Copies $ 46,927.31 Total cost/yr = $ 72,432.95** * Based on 2017 usage ** This represents an approximate savings of $12,315.52 in the current annual cost. Digital Imaging costs are provided for within departmental operating budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Materials Management facilitated the publically advertised proposal call for the City of Saint John as well as the City of Moncton. Request for Proposal (RFP) No. 2018-086501P was issued on April 23rd, 2018 and closed on May 24t", 2018. Responses were received from the following five companies: COMPANY'NAME, LOCATION Konica Minolta Saint John, NB Xerox Canada Ltd. Saint John, NB Sharp Electronics of Canada Ltd. Mississauga, On Infolaser Maritimes Moncton, NB Office Express Saint John, NB A cross service area evaluation committee including staff from Materials Management, Information Technology, Administration Representative and the Police Commission, as well as representatives from the City of Moncton, reviewed the submissions for completeness and compliance with the RFP requirements (a requirements exercise was undertaken to develop the RFP deliverables with all service areas participating) and scored the proposals on the following criteria: 1. Quality and Completeness 2. Qualifications and References 3. Proposed Project Approach and Roll-out Methodology/Schedule 4. Technical Ability — Hardware, Software and Security 5. Ability to Provide Service 6. Value Added 019] -4 - Technical evaluations of the proposals were completed with Xerox Canada Ltd. scoring considerably high. At this point, the financial proposals were opened and final scores were calculated. The committee ranked Xerox Canada Ltd. the highest as they met all the requirements set forth in the RFP, received the highest evaluation score and were the lowest bid price. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. Moncton's City Manager is scheduled to make the some recommendation at the City of Moncton's Council Meeting of August 20, 2018. ATTACHMENTS None. OL! 1 41 COUNCIL REPORT M&C No. 2018-246 Report Date August 15, 2018 Meeting Date August 20, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Live Watermain Tapping Services - External Customers OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Acting City Manager Kendall Mason Brent McGovern I Neil Jacobson RECOMMENDATION That Common Council adopt the following resolution: RESOLVED that The City of Saint John offer live tapping services to owners and operators of private or public water infrastructure in return for the payment of a fee, in accordance with the fee structure outlined in this M&C No. 246, and on the condition that those receiving the live tapping service sign a Release and Indemnity drafted by the City Solicitor." EXECUTIVE SUMMARY Saint John Water currently delivers a specialized service to its customers which allows Saint John Water Staff to install branch connections on live watermains. The installation of a branch connection on a live watermain utilizing specialized equipment is referred to as live tapping a watermain. The live tap process is quick, efficient and safe with minimal impact to customers. Saint John Water would like to provide this specialized service to external customers as a revenue generating opportunity as well as to provide this efficient and safe service to contractors so as to minimize disruptions to our customers. This service is not presently provided by any external contractors. Staff are seeking Council approval to move forward with this service enhancement and revenue generation opportunity. PREVIOUS RESOLUTION N/A OR -2 - STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery as this customer -focused service will use technology and innovation. The report also aligns with Fiscal Responsibility by leveraging an opportunity to generate alternative revenue sources. REPORT The purpose of this report is to request Council's approval to provide live tapping services to external customers at a price point that would fully recover the Utility's costs (Utility Fund) plus also generate a return to the General Fund. Saint John Water currently delivers specialized live watermain tapping services to its own Customers which allows Staff to install branch connections on live watermains without shutting down the watermain. The installation of a branch connection on a live watermain utilizing specialized equipment is referred to as live tapping a watermain. This process is quick, efficient and safe with minimal impact to Customers. This service is not provided by contractors. The City delivers water through its water system piping to hospitals, restaurants, food production operations and other customers that require a constant flow of water. Watermain shutdowns for these Customers is challenging and live tapping a watermain to install a branch connection as opposed to shutting down the watermain and installing a tee is a tremendous benefit for the Water Customers as it minimizes water outages when construction projects are underway and it also reduces the likelihood of localized boil water orders. In the past, Saint John Water has been asked to provide live tap services to municipalities in Southern New Brunswick and by private contractors, but, the Utility has not accepted these opportunities as this work is currently outside the service delivery of the SJ Water. At present these requests are less than five per year but this volume has the potential to increase if Council approves the resolution. The City of Saint John is granted the power to provide this service under new Local Governance Act. Saint John Water is seeking Council approval to provide this live tap service to external customers as a way to enhance service delivery to our existing customers by further minimizing the likelihood of a water outage or a boil water order while at the same time generating revenue from new external customers. While there are always risks when performing work for others the Staff at Saint John Water regularly provide this service in house. Staff are trained and certified and follow AWWA Standards and all manufactures' instructions when performing live taps. Risk is further being mitigated by means of ensuring an indemnity is in place for each opportunity before the service is delivered. SERVICE AND FINANCIAL OUTCOMES Proposed 2018 & 2019 Fee Structure would be the following: 3/4" - 2" Live Tap = $250 per hour Estimated typical project within Saint John is 2 hours for a total cost of $500 excluding HST. Travel to projects outside City Limits would increase project during and billable hours. 4" - 12" Live Tap = $300 per hour Estimated typical project within Saint John is 4 hours for a total cost of $1200 excluding HST. Travel to projects outside City Limits would increase project during and billable hours. The above hourly costs will be subject to a 15% charge to cover overhead costs related to the General Fund of the City of Saint John. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS LEGAL: The city has the authority under the Local Governance Act to offer the live tapping services in the manner proposed in this report. Risk Management: The City has insurance in place that would cover any activity such as described in the report whether it generates revenue or not and neither are there any geographical restrictions for insurance coverage. The City's insurer has been receptive to indemnity wording provided by Legal in the past. ATTACHMENTS N/A Al WHEREAS- [>rostate caricer is fl:w n� ,tostl clol-nmori w,.U,nonl C, r). n a (I i U Il T I (! I � 1; a � L I - I I (I "ERBAS: 1, in 7 merl will be, dir rloswd will) Lhe cliscase, in his iifctlrne- �,iri(l WHEREAS- An esth)-mle(], 11. Cartachan iiicn will dic- 17170111 prosUil,c, caricer every (,lay"', an(I WHEREAS: surxvival rate fbr" camr can 'be ("lose to 10101% when (letected early; arid WHEREA S., Tl,iosil.11 a fiall-lilly bra story cal' 111(." ChSCIVSC, Or 111c),se of African or C.aril)l3can descent, Are al as 'gr enter risk of plc velolAng I,, a tt, ("llf"I'llcel- N a n.cl, WHEREA 8: riie (",11Y cal' r'tlrit b�j,hri, suppor(s lir Lostatc Cailccr 1 1) 1 arl(l a,][ indivicluals c(xnn*,U-,.d' Lo r�ai-,s,`,rl9 ctwarctws!, aboL."Il. IM-OSU1111!r; N" 43, NOW THEREFORE: 1, MqWr Don DarUng, f Saint John do hereby Septemb,e,r 2018 as Prostaft Cancer Awareness, Month in t1i c C i ty of Sa i 1, , "I o I'vri. In witnoss whereof' 1 have set my hand and affixed the: ofAciai seml of the Mavar of the Citv of Saint John. ' rrr ,rrrrrrrrrr rrrrirrrrr, cu U U cr OE cu t Cl) cu 0 VJ %i r fy; r+ C6 r� r� fid 76 a - CF 2. F r c c 0 0 W F -C I C� 41 CO It N rl 0 C N � V� It q � re) N t• �d sd %d o vi Lehi LA -f 0 cm z 0 0 Z E B 0 > 0 < cu U U cr OE cu t t O Caw] � I P- .,.r. ..Q.). s 0 rs r 0 r r s w r rw r, t.0 w, r cu U U cr cu t t O VJ N M 0'ITN � M O 'ITN O � � � � O O O O E m CL 0 .5 cY 0 cn cu U U cr OE :3 Cl)C cu 0 C�/w] � I I 0 0 0 0 0 K? 0 0 0 0 0 0 00 0 0 0 f9} Qi Et? Et? Qi 0 cn E m Q w 0 x a> E ® Y 0 o v ti -0 o E 0 _ 0 _ 0cu 0 aD -0 QaD � 0 0 0 0 0 K? 0 0 0 0 0 0 00 0 0 0 f9} Qi Et? Et? Qi 0 cn E m Q w r.. 41 �= qt tll C a cn tU i1 C N CL 0 41 tU __yy co -Fa .�1.8 C CL un F V GVJ m 4.1 N CL6 0 Vi 4�-. — Sli i3 J CL W CUcu 3:j U �U r CD cuO O .L Q cl) CDt 0) UU r.. v ri � e arrn cs ri N.l} tr t 41 �= qt tll C a cn tU i1 C N CL 0 41 tU __yy co -Fa .�1.8 C CL un F V GVJ m 4.1 N CL6 0 U) urn ca V 4�-. — Sli i3 J CL v ri � e arrn cs ri N.l} tr t ^V `J W W - cu U U cu 0 .L 0 0 cu U) I I 0 0 0 0 0 0 0 0 -00- 0 O O O O O O O O O O O O O O O O O O 00 (D Ln � M N � r CD Lid co N L L V L L O 'p W M 0) M O m S� 0 2 S� I I 0 0 0 0 0 0 0 0 -00- 0 O O O O O O O O O O O O O O O O O O 00 (D Ln � M N � r CD Lid co N yj U `n CU cu CU 0 aL O U cu tm CU 4-1c cu Ct O U. U `n O U cu cu t O /iiiii r r rr.: G 9 01"""" I Ra "wL�L l7 Lu z LU z x 0 z d kA d X LL. LA W i^ LA LU Z) +'L LU LL! LU Z Q z J Q Z LLJ L/1 z �E1G1 LL z L 0 W u z 3; 0 CY. J W z z t.7 W H x z LU Z L/4 LA uj LA %A IMI Q Ln z H J LAJ L/`1 L3C [' d J CL. z an Q LL L' Ln J V Oct L. �! J cr. Q CL z F- 0 Z LL to a W %n cc L/1 0 LL z L/1 dl z J D LL LL !P: CA Z J IMM � LL CL LL co (Yi 0 C� ca 4-1 cu Q LI M cu .— t U O �..+ +j +.+ CU r— �)Iu"uuuuum"� Q ` X L^ U ca > •— 01 1 O .— U CI Q— cd U Lr)cz >1 m ff} OU t3) CU ci U O O U U QQ ca E (n a) U to E E 0ca LO r .L 11 ° ca _ O}' = to N. �iu'uuuuilN' ,U �i •- VIIIcu ^` � II� O � �m �IIIIIIIIII � cu IIIIII' :IIIIII3 C L W r O IIIIIIIIIII Q m 0 ` mu .— c^u, uuuml II� O ml % W > mm X COLi muumuui r i ` W T i r M ullllll;l""" Ln R 0) LL 1 cc • cc m y c mc O cc U) L 0 R 0) � � � � LL 1 .0 cc � ._ cc 4ma cr) m y c mc 0. � � � ._ cc U) L � 0 R 0) LL 1 cc • cc m y c mc O cc U) L 0 R 0) LL 1 cc • cc m y c mc O cc U) L 0 R 0) LL 1 cc • cc m y c mc O 0 pplplllpl uuuuuuuuu R 0) � � � � LL 1 .0 cc .� _ cc 4ma cr) m y c mc 0. � � � ._ cc U) L � 0 Ar I L Qi Q CU a) LL p CU .0 w Ca ca cu O •� L 00 N i City of Saint John — 2018 Provincial Election White Paper The liberal government and City of Saint John have agreed, in 2017, to undertake a series of short-, medium- and long-term measures to help grow the city's economy, including: • Investing at least $270 million in infrastructure projects in Saint John. • Investing more than $50 million in major tourism assets in Saint John. • Working to grow Saint John's population and workforce by promoting the Free Tuition Program and Youth Employment Fund with a special focus on Saint John, and guaranteeing that at least 25 per cent of immigrants under the Atlantic Immigration Pilot Project are attributed to employers in Saint John. • Applying a preference that regional provincial assets be located in the city instead of in surrounding areas, as was done with a recently announced nursing home for Saint John. • Addressing Saint John's poverty challenges through a $10 -million investment in Living SJ and other innovative partnerships. • Supporting private sector development opportunities and subsidizing job placements in Saint John through an enhanced Youth Employment Fund and other programs to help youth develop skills, obtain work experience and find jobs. • Providing enhanced ability to pursue economic opportunities and priorities through the Opportunities NB and Fundy Regional Service Commission memorandum of understanding. The goal is to eliminate Saint John's structural deficit through growth as quickly as possible. Our government has agreed to provide financial assistance of up to $22.8 million over three years if the deficit has not been eliminated. 3.1 "Implementing fair taxation" The Province is willing to review the balance of taxation and powers between the provincial and municipal governments, however it is important to underline that provincial property tax revenue is $500 million and eliminating this tax entirely would have to be offset by deep cuts in provincial services like health and education. A party led by our government will not do that. Other provinces levy education and health taxes, New Brunswick does not - that is what the provincial property tax pays for. THE NEW BRUNSWICK LIBERAL ASSOCIATION • L'ASSOCIATION LIBERALE DU NOUVEAU -BRUNSWICK 715 rue Brunswick St., Fredericton NB E313 1 H8 Tel: (506) 453-3950 1-800-442-4902 Fax: (506) 453-2476 www.nbliberal.ca `p,9j 3.2 "Changing provincial arbitration legislation specific to municipal fire and police services" A Liberal -led government will not make the changes proposed to arbitration. 3.3 "Supporting regionalization" A Liberal -led government will explore best practices and promote better regional cooperation and region delivery of municipal services. We favour voluntary rather than mandatory amalgamation and will support amalgamation efforts without imposing it. 3.4 "Supporting the implementation of the city's roadmap for smart growth and population growth framework" Our government has reversed years of decline and stagnation in provincial population growth, achieving a record population in New Brunswick. A Liberal -led government will work with Saint John to grow its population. 3.5 "Enabling new revenue streams from Saint John Energy" A Liberal -led government is willing to work with the city to explore how to better leverage Saint John Energy as a source of revenue. 3.6 "Waiving the annual Province of New Brunswick assessment charge" All municipalities in Canada pay directly or indirectly for the cost of assessment. Our government is providing other financial assistance to Saint John under the "new deal". 3.7 "Funding regional facilities capital assets" A Liberal -led government will explore best practices and promote better regional cooperation and region delivery of municipal services. THE NEW BRUNSWICK LIBERAL ASSOCIATION • L'ASSOCIATION LIBERALE DU NOUVEAU -BRUNSWICK 715 rue Brunswick St., Fredericton NB E313 1 H8 Tel: (506) 453-3950 1-800-442-4902 Fax: (506) 453-2476 www.nbliberal.ca 3.8 "Repealing special assessment practices for Canaport LNG' The Liberal Party has always opposed the LNG tax deal which was promoted by Blaine Higgs in a signed newspaper advertisement in 2005. We repealed the deal within months of the City requesting its repeal. When we repealed the Act, we included provisions to protect Saint John and other municipalities from a potential appeal. If the City and municipal associations agree that this provision is no longer necessary, a Liberal -led government would repeal it. 3.9 "Subsidizing Saint John Transit" A Liberal -led government is willing to consider any measures that will help to eradicate poverty, including innovative approaches to promote population growth, economic activity and use of transit in priority neighbourhoods. 3.10 "Integrating Saint John Transit and Parking Commission" A Liberal -led government, after completing due diligence to ensure no unintended consequences, would introduce legislative changes to allow the City to undertake these types of structural efficiencies. THE NEW BRUNSWICK LIBERAL ASSOCIATION • L'ASSOCIATION LIBERALE DU NOUVEAU -BRUNSWICK 715 rue Brunswick St., Fredericton NB E313 1 H8 Tel: (506) 453-3950 1-800-442-4902 Fax: (506) 453-2476 www.nbliberal.ca `P491 future' ppt� z IFe 1qu pe qui assure Yavenir du Nouveau-Brunswick. BUILDING A SUSTAINABLE FUTURE FOR SAINT JOHN August 14, 2018 A response from the PC Party of New Brunswick Presented by Mr. Blaine Higgs, Leader of the Opposition Mr. Mayor/ Councillors: I want to thank you for the opportunity to discuss your White Paper, prepared and supported by Common Council. It is a thoughtful paper of ideas and approaches to challenges faced not only by Saint John, but other municipalities as well. My party is committed to significantly empower municipalities. We need to move from the status quo, where local government is the poor cousin of the province, to a relationship of partnership with clear powers and responsibilities. I have had a discussion with our Saint John -area Members of the Legislative Assembly and candidates and we have prepared our response collaboratively, in preparation for this presentation. I want to commend Council for starting this discussion and looking to Saint John's future. Saint John has been a provincial leader on many fronts and I hope what I have to say, on behalf of my colleagues, will show you how passionate we are to see Saint John's revitalization continue, and accelerate. Your White Paper defines the challenges you face as a city. As the oldest incorporated city in Canada, Saint John's infrastructure is, in many areas, old and in need of modernizing or replacing. The City's current fiscal situation makes those upgrades hard to budget. As you state, population decline and inflationary costs will continue to challenge the City's ability to meet its future obligations. You have asked political candidates to respond to the White Paper; we are pleased to do so. Questions? Please contact Dorothy Shephard at artanddorothy@gmail.com 126 OWK Item 3.1 Implementing Fair Taxation "The City of Saint John is recommending that the Province implement fair and reasonable property tax reforms designed to diversify municipal revenue streams, remove exemptions for industrial equipment, introduce flexibility to establish different classes of property taxation purposes and leave property tax as the exclusive domain of municipalities." We are committed to municipal tax reform. It will help all municipalities. We understand that double taxation on commercial properties presents challenges to those renting, and takes away opportunities for our businesses. We have committed to remove the double tax in a responsible manner that empowers municipalities while protecting the province's finances. We know this is an important item for all municipalities. Likewise, giving municipalities more autonomy to tax in a manner that meets the needs of individual communities, is positive for both the province and municipalities. We are supportive of working with the Union of Municipalities of New Brunswick, the Cities of New Brunswick Association, and other stakeholders, to plan changes to the Municipalities' Act that will foster tax reform and give communities the power they need to develop themselves, reducing dependence on the provincial government. Item 3.2 Changing Provincial Arbitration Legislation Specific to Municipal Fire and Police Services "We encourage the Province of New Brunswick to re-engage the Cities of New Brunswick Association in exploring mechanisms to address the current financial sustainability challenges associated with legislated interest arbitration, including: Final Offer Selection Government Employed Arbitrators Right to Strike with Essential Worker Designation Legislated Criteria Numeric Criteria Legislative changes to curtail uncontrollable public sector wage escalation and related financial impacts have been introduced in other jurisdictions, particularly in the event of serious financial distress." During the sitting of the 58th Legislature, the current government tabled legislative changes to arbitration. What they failed to understand was that it was a complex undertaking and did not consult all parties before proceeding. The fact that they dropped proceeding with the changes indicates they were not prepared for the backlash, from not only unions, but from industry as well. We recognize the complexity of this issue, and the important balance that must be struck. We commit to working with all stakeholders including municipalities, unions and the private sector to establish a reasonable way forward that will improve the status quo, in a manner that keeps the interests of tax- payers front and centre. Questions? Please contact Dorothy Shephard at artanddorothy@gmail.com 2 127 OWK Our leader has a track -record of tackling our province's difficult problems. We will not shy away from this issue. Item 3.3 Supporting Regionalization "The City of Saint John requests that the Province of New Brunswick establish a task force to begin investigating regional best practices and lessons learned from other communities across Canada, while initiating and facilitating an exploratory regionalization dialogue involving the greater Saint john municipalities." We will support and help facilitate regionalization of any services with willing partners. As a province, we would encourage collaboration. The province can play a role in mediating dialogue when municipalities disagree, and offer appropriate incentives to help realize common benefits to all. Item 3.4 Supporting the Implementation of the City's Roadmap for Smart Growth and Population Growth Framework "More people. More jobs. More tax base. We need the Province to be an active enabler and partner." Growing and empowering the City of Saint John, and every city in New Brunswick, makes sense. Our government will support growth and prosperity by giving municipalities the opportunity to govern themselves, as much as possible, to implement strategies specific to their communities. We will actively participate in supporting your objectives. Item 3.5 Enabling New Revenue Streams from Saint John Energy "The Province can support efforts by removing the 'for profit" restrictions within the new Local Governance Act and enabling the City to move forward with a new governance and operating structure for Saint John Energy, allowing for the formalized flow of dividends from the utility to the City." Our government strongly supports affording any city utility with the ability to generate revenue. Item 3.6 Waiving the Annual Province of New Brunswick Assessment Charge "The Province can support the City by waiving this charge until such time the City's experiences an improvement in its financial health and successfully addresses its long-term sustainability challenges. New assessment service delivery models should also be explored." Municipal tax reform could include the ability for municipalities to assess properties themselves, removing the assessment charge for all municipalities and allowing communities to be creative in developing new tax and development models. We look forward to discussing this and other reforms Questions? Please contact Dorothy Shephard at artanddorothy@gmail.com 3 128 OWK with Common Council. It is important to note that reform must include protection for all communities, living up to provincial commitments and to equal opportunity. Item 3.7 Funding Regional Facilities Capital Assets "The Province can support the City by amending legislation to require participating communities to share in the cost of major capital expenditures and asset refurbishment/replacement investments." Our government would include these discussions with Item 3.3 Supporting Regionalization. We would facilitate those discussions and pursue consensus. Item 3.8 Repealing Special Assessment Practises for Canaport LNG "The Province can support the city by repealing legislation that set forth special assessment practises for Canaport LNG so that the property is treated like all other City properties. This would eliminate the uncertainty associated with budgeting for this revenue on an annual basis." We would appreciate some additional discussion on this item to provide us with the background detail needed to take an informed position. That being said, we absolutely understand the value of establishing and maintaining predictability in the budget process. We commit to working with both parties to create a go -forward model that is predictable, but also does not put the sustainability of Canaport LNG's business proposition at risk. Item 3.9 Subsidizing Saint John Transit "The Province can support the City by working with the Federal Government to provide financial support to assist with the cost of providing a transit system to Saint John residents, with a particular focus on at - risk City neighbourhoods and low-income residents. We also need to work with the province and the regional municipalities to explore new and sustainable regional transit service delivery best practises and models. In addition, New Brunswick remains one of the few provinces that taxes municipal transit facilities." Transportation with regards to other regions, and collaboration by and with other regions, would be an item for discussion in Item 3.3 Supporting Regionalization. Transportation, province wide, is a challenge. We are open to discussions about how the province can play a role in assisting communities with public transit. The removal of taxes to municipally owned buildings can be discussed but can only happen in a responsible manner to the stability of the provincial finances. Questions? Please contact Dorothy Shephard at artanddorothy@gmail.com 4 129 OWK Item 3.10 Integrating Saint John Transit and the Parking Commission "The City requires support from the Province in completing the operational and governance streamlining process through appropriate and timely legislative reforms, including the potential repeal of both the Transit and Parking Acts." We will be happy to take direction from the City and assist with legislation to achieve the desired outcome. Thank you for the opportunity to participate in this important discussion. I have outlined our willingness to support the City of Saint John, and will extend these same offers to other municipalities at the same time. I feel compelled to say that the real solution to many of these issues is prosperity. And our government would do all we can to see prosperity return to our province and to the City of Saint John. As Progressive Conservatives, we strongly believe that the key to greater funding and revenue for municipalities is prosperity. Saint John's loss of manufacturing facilities over the years has contributed to the decline of municipal revenue. Companies have moved out in search of lower costs, or shut down because of high costs. We remember Lantic Sugar, T.S.Simms, Red Rose Tea, McAvity's and Labatts. They made up a significant part of the city's economic landscape and many moved to other provinces. They chose to move to more competitive markets. Our responsibility as leaders is to enhance and protect an economic climate that is competitive and attracts private investment, allowing all municipalities, including Saint John, to flourish. We have missed significant opportunities that could have allowed us to not only to be more competitive, but to establish energy security for Saint John and New Brunswick. This would be helped by the lifting of the moratorium on natural gas development. Communities that want to safely develop that industry, should be able to do so. We will also fight to revive the Energy East pipeline. Both initiatives would enhance our energy self-sufficiency and provide a significant competitive advantage to help attract and establish the world class manufacturing facilities we have lost. We need to send a clear signal that Saint John and New Brunswick are open for business and ready to embrace growth. Thank you again for the opportunity to present to you. Questions? Please contact Dorothy Shephard at artanddorothy@gmail.com 5 130 BUILDING A SUSTAINABLE FUTURES R SAINTJOH Submission / . \\. /,(? noolffffalfimTfm As a city, residential base is between 65% and 70% of the taxes, leaving 30% to business and big :industry. Ibelieve © ®«»b given more control «: their own taxes >and assessments m outlined in the Kitchener and Slack study. ? not, I believe that the ee«s.§:sy 1m»4 <im: Z« »e y heavy equipment this is surrounded »< large industrial plants and»»;« industry. «.65 70% of residential taxes cannot 9awf for the cost of runnin" definitely hurting this city «4 all cities: the province. In regard to Saint John, there is .»definitely»» wouldthis double taxation. I to see the double»<taxation remov«over:;or5 year period. » .,�24 m*,y?: the Police in 1988. 1 would definitely have the cities, along . with the . formedafter the money wn to us by the »xa work together towards different -services, such wpolice, av22io and anyoth where mo ®:could be vedbyeveryone, whereas.townsodor. could work together. « III lill«t t�<lill ii 11. ...r...«w «. interest. B should delfn�t \ continue. changedprofit and provide dividends to the city of Saint John. Therefore, the local government act must be iin Fredericton 6, Waving the Annual Assessment Charge I believe the 2% assessment charge should be waived as most of the assessments did not change but were still charged the 2%. 1 think this is something the province could do to help this city and other cities who are in poor financial shape. I believe the province must amend legislation to change the percentages of the operating cost and the capital cost of the regional facilities in the city. The city pays 67% of the operating cost of the Trade and, Convention Center, Harbour Station, Imperial Theatre, Art Centre and the Aquatic Centre it also pays 100% of the capital cost of the Trade and Convention Centre, Harbour Station and the Aquatic Centre. approximately 50% of all people in the surrounding areas using these facilities, 8. The Spacial Assessment of the LNG Terminal 9, Saint John Transit for the city. Especially in the priority neighborhoods. It could also relinquish the property taxes, as other provinces have, on the transit buildings, I 10, Transit and Parking Commissions 1 --fT.. of the involvement *;.. MUM 132 Office of the Common Clerk City Hall 15 Market Square,81" Floor SaintJohn,N.B. commonclerk@saintiohn.ca August 13,2018 Re: Building a Sustainable Future for Saint John: A 2018 Provincial Election White Paper Thank you for inviting me to comment on Building a Sustainable Future for Saint John: A 2018 Provincial Election White Paper. This letter shall serve as my submission for the public record. We are living in challenging economic times. I look forward to working side by side with you and representing the concerns of the residents of Saint John Lancaster in the Legislative Assembly. Working together we can make a positive contribution to the City and Province. We are a city of great wealth and a city of great need . So many needs —so few resources. These challenges, however have not dampened my enthusiasm or optimism for the city and the province. I am encouraged by the businesses , both large and small, who have invested their time, talent and money in Saint John. I applaud their vision and the job opportunities they are creating. I welcome the opportunity to sit down in government and chip away at each of these challenges. As a Liberal candidate and raised here in Saint John Lancaster I know firsthand that we are so very proud of our homes and our community. Our new neighbourhood school, Seaside Park Elementary has rekindled pride in our community. I believe investments in education is how we break the cycle of poverty in the city . Education is the great equalizer. This is why your Liberal government has invested in Free daycare for low income families and support for middle income families. The free tuition program , investments in the Youth Employment Fund in partnership with the private sector have created jobs. Investments in these areas will increase the opportunities for meaningful employment and lesson the strain on The Department of Social Development. The biggest detriment to growth in Saint John is lack of population. We need to do everything possible to increase population. Congratulations to the City in partnership with federal and provincial governments for their initiatives to date. We still have a lot more work to do. The City of Saint John is recommending that the province implement fair and reasonable tax reform resulting in a huge loss of revenue to the province when the City knows that the Gallant Government has recognized the unique financial challenges facing Saint John. When they received the call from City hall ,the Gallant government responded positively to the city's request for financial assistance .The Gallant government stepped up and provided additional funding so that the city could provide adequate essential services -fire protection and policing. We have created jobs with necessary infrastructure projects. During these challenging economic times the Liberal Government has primed the pump to stimulate growth and create jobs with investments in the port. In Saint John Lancaster our port will soon welcome some of the largest container ships in the world to our city. Many investments; the N.B. museum ,The N.B. field house will stimulate the local economy and improve the quality of life for our citizens. I will work with the city supporting Saint John Transit improvements provided the provincial and federal financial assistance request is a reasonable one . As a volunteer with the Syrians I know firsthand as I rode the bus with them that route schedules in the winter months were indeed a deterrent to venture out . `19191 We need to find out a way to share funding with surrounding towns for operations of our great city venues such as Harbour Station. I am mindful of the need and the desire of all New Brunswickers to return to a balanced budget. I too share these concerns but unlike an austerity program our government has the lowest deficit in eight years while stimulating our economy to grow up to five per cent. Going to thousands of doors during this provincial campaign I have also found that residents are quite disappointed in the way that City Hall has treated them with regards to the switch over from Spruce Lake to well water .1 have attended all water meetings hosted by the west side ratepayers association. It is time for the City to come out from behind their veils and acknowledge that a mistake was made with the switchover. We here in West Saint John were not properly informed of the risks involved . In business when you make a mistake , you have to pay for that mistake or you will lose your customer base. Please acknowledge this error and lets work together towards a win win solution to avoid any more fallout from this . It makes me shudder to think that our seniors here in the west side were told that the best solution was to purchase a water softener. Who will carry their bags of salt? How will they be able to carry the burden of yet another stretch to their already maxed budgets. A water treatment plant at the source of the wells a possibility? Let's start that open dialogue to fix this problem. I will work hard with a reasoned voice in Fredericton to promote and support first regionalization and then amalgamation. Let us remind those who live in the outskirts of Saint John that historically they started in Saint John and some still have their businesses here. We are proud of those businesses and they have to remember that Saint John is the oldest incorporated city in CANADA WITH ONE OF THE RICHEST HISTORIES . They need to join with us in so that we can support and maintain our beautiful city in our beautiful province. Respectfully yours, Kathleen Riley-Karamanos Liberal Candidate Saint John Lancaster M011! Response to the 10strategic policy considerations in the ���^U��^����� ���^����U����� ��������^�� U���� Building sustainable K�U UK��K� U�� Saint �� UU ~ �� � ~~ � ..� ~ ~.~ . � .. John 2018 Provincial Election White Paper 3.1 IMPLEMENTING FAIR TAXATION The City of Saint John is recommending that the Province implement fair and reasonable property tax reforms designed to diversify municipal revenue streams, remove exemptions for industrial equipment, introduce flexibility to establish different classes of property for taxation purposes and leave property tax asthe exclusive domain ofmunicipalities. AstheLibem|CandidatefarPmrt|and—SimandsRidinginSaint John, | feel there needs tabeareview of the tax system and a more balanced system pmt in place. Saint Jahn taxpayers have carried the burden oftrying ta sustain water, sewerage, roads, recreation facilities as well as emergency services. At the same time, the city sees a huge increase in users of these services between 6am and 6pm, with an influx afresidents from surrounding areas. 32 CHANGING PROVINCIAL ARBITRATION LEGISLATION SPECIFIC TO MUNICIPAL FIRE AND POLICE SERVICES We encourage the Province of New Brunswick to re-engage the Cities of New Brunswick Association in exploring mechanisms to address the current financial sustainability challenges associated with legislated interest arbitration, including: °Fina|OfferSelection°GovemmentEmp|oyedArbitratom°RighttoSthkewithEssentia|Nodker Designation ° Legislated Criteria ° Numeric Criteria Legislative changes to curtail uncontrollable public sector wage escalation and related financial impacts have been introduced in other jurisdictions, particularly in the event of serious financial distress. As the Liberal Candidate for Portland — Simonds Riding , I feel that all possible options need tabelooked at including best practice in negotiations where arbitration is often avoided. 3.3 SUPPORTING REGIONALIZATION The City ofSaint John requests that the Province of New Brunswick establish a task force to begin investigating regional best practises and lessons learned from other communities across Canada, while initiating and facilitating an exploratory regionalization dialogue involving the greater Saint John As the Liberal Candidate for Portland — Simonds Riding , I would support having a committee explore regional best practices of shared services from across Canada, while initiating and facilitating an exploratory regionalization dialogue involving the greater Saint Jahn municipalities. 3.4 SUPPORTING THE IMPLEMENTATION OF THE CITY'S ROADMAP FOR SMART GROWTH AND POPULATION GROWTH FRAMEWORK. More people. More jobs. More tax base. We need the Province to be an active growth enabler and partner. As the Liberal Candidate for Portland —Simonds riding, I will work with the Government, DevelopSJ, the City's growth committee and staff, and the Saint John Local Immigration Partnership to bring more and jobs to Saint John and improve the integration and retention of newcomers. 3.5 ENABLING NEW REVENUE STREAMS FROM SAINT JOHN ENERGY The Province can support efforts by removing the "for profit" restrictions within the new Local Governance Act and enabling the City to move forward with a new governance and operating structure for Saint John Energy, allowing for the formalized flow of dividends from the utility to the City. As the City Council representative on Saint John Energy I understand the importance of diversifying and growing the business and using dividends to help support the city of Saint John. As the Liberal Candidate for Portland -Simonds I will work with Government to help make this happen. 3.6 WAIVING THE ANNUAL PROVINCE OF NEW BRUNSWICK ASSESSMENT CHARGE The Province can support the City by waiving this charge until such time the City's experiences an improvement in its financial health and successfully addresses its long-term sustainability challenges. New assessment service delivery models should also be explored. As the Liberal Candidate for Portland —Simonds Riding, I feel the Government should consider this as part of the "New Deal" for Saint John for the next three years. 3.7 FUNDING REGIONAL FACILITIES CAPITAL ASSETS The Province can support the City by amending legislation to require participating communities to share in the cost of major capital expenditures and asset refurbishment/ replacement investments. As the Liberal Candidate for Portland —Simonds Riding, I feel its time that the Government investigate the possibility of a Regional Facilities Capital Cost Fund that is funded per capita from all towns and LSD's in the Saint John Region. 3.8 REPEALING SPECIAL ASSESSMENT PRACTICES FOR CANAPORT LNG The Province can support the City by repealing legislation that set forth special assessment practices for Canaport LNG so that the property is treated like all other City properties. This would eliminate the uncertainty associated with budgeting for this revenue on an annual basis. As the Liberal Candidate for Portland —Simonds Riding, I feel City Council took the first step towards fair taxation on this facility and this change in legislation would be the right thing to do. 3.9 SUBSIDIZING SAINT JOHN TRANSIT The Province can support the City by working with the Federal Government to provide financial support to assist with the cost of providing a transit system to Saint John residents, with a particular focus on at - risk City neighbourhoods and low-income residents. We also need to work with the Province and the regional municipalities to explore new and sustainable regional transit service delivery best practises and models. In addition, New Brunswick remains one of the few provinces that taxes municipal transit facilities. As the City Councillor for ward 2 with 2 priority neighbourhoods I have been working with stakeholders to try to improve routes, look at costs for our low-income residents and those living in priority neighbourhoods. As the Liberal Candidate for Portland — Simonds Riding, I would continue this effort. 3.10 INTEGRATING SAINT JOHN TRANSIT AND PARKING COMMISSIONS The City requires support from the Province in completing the operational and governance streamlining process through appropriate and timely legislative reforms, including the potential repeal of both the Transit and Parking Acts. As the Liberal Candidate for Portland — Simonds Riding, I would support this. `19YA Office of the Common Clerk City Hall 15 Market Square, 8t" floor, Saint John, NB commonclerk(@saintiohn.ca August 9, 2018 Re: Building a Sustainable Future for Saint John: A 2018 Provincial Election White Paper Thank you for inviting me to comment on Building a Sustainable Future for Saint John: A 2018 Provincial Election White Paper. This letter shall serve as my submission for the public record. While I agree in principle with much that is included in the white paper, I prefer not to engage in any direct discussion on this matter with this city council given its refusal to speak with 20,000 citizens who face a more urgent crisis. As the provision of the best quality water that money can buy relates directly to building a sustainable future, I shall offer a few appropriate comments. This council has abandoned the people of Saint John -Lancaster and the lower west side, by refusing to enter into a meaningful dialogue about the quality of their municipal water supply and the damages the decision to switch them to well water has caused. The defence of democracy and the right of these citizens to have their concerns addressed, far outweighs the need to help locally -elected representatives lobby the province for what amounts to a financial bail out for bad decisions of the past. Democracy is not a one-way street. When an elected council refuses to address a matter that is of urgent public interest to one third of the population, it has lost all legitimacy. A sustainable future for Saint John is not only about taxes and economic growth; it is primarily about people. The water issue is a pressing matter that council has shamelessly shoved to the sidelines, forcing thousands of citizens to fend for themselves while their pipes burst over the past eleven months. Despite the many hardships that they are facing, neither city staff nor any of our elected representatives has offered these people any support or expressed any compassion for their plight, and yet they now expect candidates in the provincial election to acquiesce to the city's political agenda. In the absence of more responsible leadership from City Hall, I prefer to spend my time working for and with the people of the west side on the water fiasco, as I believe this issue and the lack of leadership surrounding it, strikes at the very core of all that is wrong with Saint John today. It may be of interest to know that recent private water test results show the iron content in water from the South Bay wellfield to be 44 per cent higher than the maximum recommended level. In addition, results from other recent private tests show the hardness in some homes and businesses to be as high as 357 mg/L. Health Canada states that 'water supplies with a hardness greater than 200 mg/L are considered poor ... while those in excess of 500 mg/L are unacceptable for most domestic purposes." Water softeners never were and are not now a `191:3 matter of 'personal preference' as citizens have been repeatedly told. Nor are they a long-term solution to the water fiasco. On the campaign trail, five months after Mayor Don Darling told west side residents that they've never had better water, people are telling me about their hair falling out, skin rashes, gastrointestinal upset, an unpleasant odour, a petroleum -like slime on their skin after showering, stains on their dishes and utensils, discoloured clothing etc. Furthermore, they are telling me they are fed up with being treated like second-class citizens and some are either already packing up to move out of the city or intend to do so if the water issue is not fixed to their satisfaction, adding to the already 24 per cent loss in population that this council acknowledges in its white paper is 'staggering' and 'unsustainable'. Indeed, I have been informed that at least three business ventures that had planned to establish themselves in Saint John -Lancaster have decided not to do so due to concerns over the water. The crisis is having a devastating negative economic impact on this community. It is difficult to reconcile the stated alarm over the population exodus on the one hand with the obvious lack of concern about the water's impact on the community on the other hand. Perhaps that's because the hands are too busy picking the pockets of vulnerable, at -risk seniors, by leaving them no choice but to buy expensive water softeners and otherwise pay for the city's egregious behaviour. In your white paper, you refer to the growing city deficit as a reason why provincial assistance is required. You could eliminate this deficit overnight by calling a halt to faux 'negotiations' with J.D. Irving for cheap water rates at the pulp mill. You may not have the authority to tax industrial equipment, but you do have the authority to set water rates. It is time you set fair water rates, increasing them for industry and lowering them for citizens. Why is there no mention of this in your strategic plan? In addition, I must say that I find it difficult to comprehend that a city council would go to the lengths that it has to prepare a carefully -crafted white paper on sustainability without calling for submissions from the general public. This exercise is all too reminiscent of the city's failure to properly consult with and educate the public before implementing the biggest change in the municipal water system in recent memory. If anyone should have been invited to talk to council about the city's future, it is the citizens themselves, not a cadre of political hopefuls. The "old boys club" is dead. Citizens want and need to be heard. In a democracy, citizens have a right to be heard. In conclusion, I have discussed the white paper with Mr. Wayne Dryer, the Green Party candidate in Saint John -Harbour and have no doubt that he will express himself well as he responds to the many issues it raises. Solutions need to be found. However, I, personally, believe the city must first get its own house in order. Fix the water, and you'll keep more people in Saint John. Lower the water rates, and you will keep more people in Saint John. Involve citizens in decision making, and you will keep more people in Saint John. Continue the way you are going, and you will be responsible for having helped turn a once great city into an industrial ghost town. Yours sincerely; Doug James Green Party candidate Saint John -Lancaster doug.james@greenpartynb.ca 1 41 COUNCIL REPORT M&C No. 2018-240 Report Date August 14, 2018 Meeting Date August 20, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous buildings at 326 Sandy Point Road (PID# 411678) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rachel Van Wart J Hamilton /A Poffenroth Jeff Trail RECOMMENDATION Your City Manager recommends that 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 326 Sandy Point Road (PID#411678), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the buildings at 326 Sandy Point Road. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange the demolition of the buildings. PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 326 Sandy Point Road, PID# 411678, have revealed that there are three buildings on the premise; a two-storey, single family, wood framed house, a wood framed shed and a metal shed. Staff first became aware of the property's vacancy in March 2017 and began standard enforcement procedures. The property is located in the City's North End in a two unit -2 - residential zone. The Buildings are a hazard to the safety of the public by reason of being open, by reason of being vacant, and by reason of dilapidation. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on June 13, 2018 and was posted to the building on June 14, 2018 as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership for the building lists one individual as the registered owner. The Notice provided the owner with 60 days to remedy the conditions at the property. The building is abandoned and the owner did not take remedial action to comply with the requirements of the Notice. A compliance inspection was conducted on August 14, 2018 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service on the owner via posting. Also included are photographs of the buildings. The Local Governance Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy and dilapidation, and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was sent to the owner and encumbrances via registered mail on July 19, 2018 and was posted to the building on July 20, 2018. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is approximated at $10,000-$15,000 and will take about 2-4 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. ` KI -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply and Inspection Report Affidavit of Posting - Notice to Comply Affidavit of Posting - Notice of Common Council Hearing Letter Photos M91 CANADA PROVINCE OF NEW BRUNSWICK CCUNT YOF SAINT JOHN 0 W) j SAINTJOHN, N.B. (PID number 1-1(l 4 I6 AFFIDAVIT OF SERVICE of Saint John, N.B., Make Oath And Say As Follows: L I an -i employed by The City of Saint John in its Growth and Community Development Services 13cpartinent, I have personal knowledge oftlic mattcrs ficrein deposed except Where offierwise stated. 2, On ,,,,—.,at approximately I posted a copy ofthe attached Notice of Common Council Hearing Letter, marked Exhibit 1 2 Saint to the font door ofthe building that is located at John, N,13. Sworn To before nic at the City of Saint John, N.B., on the _�Z L, day of 1 h.....,_ 2018, X RACHEL A VAN WART COMMISSIONER OF OATHS My COMMISSION EXPIRES DECEMBER 31 ST, 2022 144 July 19, 2018 Peirmitfing & Inspection / Service des inspections et de I'application By-Lmv Enforcement / Service dApplication des Arrilks Municipaux Phone / Tel: (506) 658-2911 Fax / (506) 632-6199 Case Number: 17-0134 VIA REGISTERED MAIL Kimberly Ann Muise 33 Clarence Cres Nackawic., N11 E6G ](33 Dear Sir/Niadani: This Is Exhibit A i Refernd to In the Aftayft of SWOM biefom .w ft Cky of Saint Johni, New ftnowick the dayof g=1 NOTICE OF C.ONIMON (701NIL HEARING Re: Properly located at 32�6 Sandy Point Rd. I'll) 4 00411678 Da,ilgej,OUS and Vacant Building Program On June B. 2018. as Notice to Conipy was issued for tile above mentioned properly which required remcdial action to bring the building and prep -rises into conipliance with the Siiinl John Uiisighfl * y Preiniscs t-ind Dtvkgerous Builclings om/ Suru trcities 4i-liv- The Notice to Comply was posted to, (lie building on.Wne 14, 201111. The lbulleen (14) day, -,ippeal period has, flow e\pired. Therefore, as Compliance inspection will be conducted on AUgUSt 14, 2018. Ifthe property is not in compliance with the -iforesaid By-law at the lime of the inspection, City Staff'will be attending the Comilion Council niecting scheduled oil August 20 ", 2018 at 6:00 p.m. to recommend that the building be demolished. Please be advised that at this, niecting. you will have the opportunity to present evidence to tile conti-ary. 11" you have any questions, please d() not hesitate lc) contact me at (506) 658-2911, Regards, Rachel Van Wart, EIT Technical Services Officer. c: Ro yal Bank of'Caiiada P. Box 1971 f A 19?1 Saint John, NB Saint John, N. -B. Canada EEL 4L1 Canada E21ALI SAINT JOHN v, my 145 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THATIS LOCATED AT H � I i -(- L -Li —�) SAINT JO N, N.B. (PID number AFFIDAVIT CSF SERVICE of Saint John, N.B,, Make Oath And Say As Follows: I am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On_:SLCjjL..."j at approximately I posted a copy of the attached Notice to Comply, marked Exhibit "A" and Notice of Appeal, marked Exhibit "B" to the front door of the building that is located at Saint Jo waw, N.B. Swom To before me at the City of Saint John, N3 - on the 'day of 2018 OACHEI A VAN WART 00W'�,:SSIONER OF OATHS WC, "'� FION EXPIRES bEm--%ol,"� 2022 146 FORM I FORMULEI NOTICE TO COMPLY commtss AVIS DE CONFORMIA (Municipalities Act, R.S.N.B. 19 T3, (,Loi sur les municipalit6s, L.R.N,-B. de 1973, c.M-22, s.190.01(3)) ch. M-2,2, par. 190.01(3)) Parcel Identifier: 41,1678 Address: 326 Sandy Point Road, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Muise, Kimberly AM Address: 33 Clarence Crescent, Nackawic, New Brunswick, E6G 1G3 municipality issuing notice: City of Saint John By-law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures Ay-Laiv, By- law Number M-30 and amendments thereto (the "By- law"). Numro dlidentification de la parcelle : 411678 Adresse: 326, Sandy Point Road, Saint John, Nouveau -Brunswick Propriktaire(s) on occupant s) : Now: Muise, Kimberly Ann Adresse: 33, Clarence Crescent, N�ackawic, Nouveau - Brunswick, E6G IG3 Municip,alitk signiflant I'avis: City of Saint John Arriti enfreint . Arr&6 relatif aux lieux inestUtiques et aux bdtinients et constructions dangereux tie Saint ,John, Arr,6t6 num6ro M-30, ain.si que ses modifications ei-aff6rentes 0' is AXT6t6 0. Provision(s) contravened: Subsections 131(1), 131(2) Disposition(s) enfreinte(s) : Les paragraphes 131(1), and 131(3) of the Local Governance Act, SN.B, 2017, 131(2), et paragraphe 13](3) de la Loi stir la c. 18 and amendments thereto. gotivernance locale municipalit6s, ainsi que les modifications aff6rentes. The Land Re, ishv Forms Regulation - Municipalities Act, New Brunswick Regulation 2007-22, which prescribes that a Notice: to Comply shall be in Form 1, remains valid and continues to be in force punwant to section 196 of the Local Govowance Aa Description of condition(s)-. The premise is unsightly by perniitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building, has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation. The conditions of the building and premise are described in Schedule "A", a trite copy of the inspection report dated June 13, 2018 prepared by Rachel Van Wart, EIT, By- law Enforcement Officer, reviewed acid concurred in by Amy Poffenroth, P. Eng., By-law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. in the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may Le ftlement stir les.formules du registre tie bien- fionels — Loi sur les nrunicipalit6s, R&glement 2007-22 du Nouveau -Brunswick, qui prescrit qu'un avis de conformit6 dolt We 6tabli selon la fortnule 1, denieure valide et reste en vigueur en vertu de Particle 196 de la Loi sur la gotivernance locale. Description de la (des) condition(s) : Les lieux sant inesth6tiques en permettant la pr6sence de ferraille, de d6tritus et le bAtiment d6labr6. Le bAtiment est devenu dangereuse pour la s6curM du public du fait de son inhabitation ou de son itioccupation et est devenu dangereuse pour la s6curit6 du public du fait de son d6labrement. Les conditions du bitiment et des lieux sant de'crites A I'annexe (<A>>, une copie conform e du rapport d' inspection en date du 13 juin 2018 et pr6par6 par Rachel Van Wart, IS, une agente charg6 de 1ex,6cution des arr6t6s municipaux, rdviS6 et en d'accorde avec, par Amy Poffenroth, ing., une agente charg6 de 1ex4cution des arr6t6s municipaux. Mesure(s) i prendre : La propri6taire dolt restaurer les conditions en se conformant aux recommandations du rapport dinspection stismentiorind et d'amener le bfitiment et les, lieux en conformite's avec I'Arr&6. Dans 1'6ventualit6 que la proprie'taire tie rem6dient pas le b5timent et les lieux darts le temps prescrit par le pr6sent avis de: conformit6, le bAtiment pourront Etre AAmnl7e vi -mime rnpmrp nnrrenfive comnte tenu att'il address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: i a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 80' Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non-compliance within specified time:2 Subsection 136(1) of the Local Governance Act states that a person who fails to comply with the terms of a Notice to Comply given under subsection 132 of the said Act, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 136(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 136(3) (b)(i)• mesure corrective dans le but de rem6dier le danger pour la s6curit6 du public. Les mesures correctives susmentionn6es relativement A la d6molition du batiment et la disposition des d6bris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en Etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou de r6duire, d'61iminer le d6versement, de modifier le mode de d6versement ou le d6versement d'un polluant dans ou sur 1'environnement ou toute partie de 1'environnement. Municipality's authority to undertake repairs or remedy:3 Paragraphs 137(1)(a), 137(1)(b) and 137(1)(c) of the Local Governance Act state that if an owner or occupier does not comply with a Notice to Comply given under section 132 within the time set out in the Date A laquelle la on les mesures doivent etre prisesi : a) La d6molition du batiment et le nettoyage des lieux doivent etre comp16t66s, ou a laquelle les plans et demande de permis pour les mesures des r6parations, doivent etre soumises, dans les 60 jours qui suivent la signification de 1'avis de conformit6. b) Les r6parations reli6es aux mesures doivent etre compl6t6es dans les 120 jours qui suivent la signification de Favis de conformit6. Date a laquelle un appel de Pavis peut etre d6pose: Dans les 14 jours qui suivent la notification de 1'avis de conformit6. Processus d'appel : La propri6taire peux dans les 14 jours qui suivent la notification de 1'avis de conformit6, envoy6 un avis d'appel par courrier recommand6 a la greffiere communale de la municipalit6, a The City of Saint John, Edifice de 1'h6tel de ville, 8e 6tage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 4L1. Penalite possible pour non-conformite dans le d61ai prescrit2 : Le paragraphe 136(1) de la Loi sur la gouvernance locale pr6voit quiconque omet de se conformer aux exigences formul6es dans un avis de conformit6 notifi6 aux termes de Particle 132 de ladite loi, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prdvue au paragraphe 136(1) se poursuit pendant plus d'une joum6e, 1'amende minimale qui peut etre impos6e est 1'amende minimale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels 1'infraction se poursuit conform6ment a 1'alin6a 136(3)(b)(i). Pouvoir de la municipalite d'entreprendre les reparations ou de prendre les mesures3 : Conform6ment aux alin6as 137(1)(a), 137(1)(b) et 137(1)(c) de la Loi sur la gouvernance locale, si un avis de conformit6 a 6t6 signifi6 aux termes de that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government. 41-1 Dated at Saint John the J3 day of June, 2018. Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer's Contact information: Name: Rachel Van Wart, ETT Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, 10th Floor P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Telephone: (506) 658-2911 Telecopier: (506) 632-6199 Email: rachel.vanwartAsaintjohn.ca Seal of municipality paragraphe 137(3) de ladite loi, la municipalit6 peut faire nettoyer ou r6parer les lieux de ce propri6taire ou de cet occupant ou de faire r6parer ou d6molir le batiment ou autre construction de ce propri6taire ou de cet occupant, et les couts aff6rents a 1'ex6cution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis a la charge du propri6taire ou de Foccupant et deviennent une cr6ance du gouvernement local. Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Fait a Saint John le _ juin, 2018. Municipalit6 : The City of Saint John Signature de la repr6sentante municipale: Coordonn6es de In repr6sentante municipale : Nom: Rachel Van Wart, IS Adresse postale: Service de la Croissance et du D6veloppement Communautaire The City of Saint John 15 Market Square Edifice de Ph6tel de ville, l0e 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 T616phone : (506) 658-2911 T616copieur : (506) 632-6199 Courriel: rachel.vanwart(a,saintjohn.ca Sceau de la municipalit6 Notes : 1. Tous les permis prescrits doivent etre obtenus et toute la legislation pertinente doit etre respectee, pendant 1'execution de la mesure de recours. 2. Le paiement de 1'amende n'annule pas l'obligation de respecter l'arret6, la norme ou l'avis de conformite. 3. Les couts deviennent une dette envers la municipalit6 et peuvent etre ajout6s A 1'avis d'evaluation et d'imp6t foncier municipal et provincial. 326 Sandy Point Road Saint John, New Brunswick PID# 411678 Inspection Date: April 26, 2018 Inspection Conducted by: Rachel Van Wart, EIT Introduction Dated at Saint John, this -rte day of o \�� —20 tY4&nda—rds Officer Inspections of the property at 326 Sandy Point Road, PID# 411678, have revealed that there are three buildings on the premise (the `Buildings"); a two-storey, wood framed single family house (the "House"), a wood framed shed (the "Wooden Shed") and metal shed (the "Metal Shed"). Staff first became aware of the property's vacancy in March 2017 and began standard enforcement procedures. The property is located in the City's North End in a two unit residential zone. The Buildings are a hazard to the safety of the public by reason of being open, vacant and by reason of dilapidation. Discussion The Buildings are not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions Subsection 131(1) of the Local Governance Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is an accumulation of junk, rubbish, and refuse on the property. These items include, but are not limited to; wooden boards, lawn furniture, a garbage can, plastic bin, plastic wrap, wire fencing and various other loose and bagged garbage. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The House is dilapidated. The exterior of the House consists of vinyl siding that is deteriorated with mildew and algae growth. The vinyl siding is loose and hanging from the base of the House on the left and right side of the building. The wooden deck at the front of the House is rotten and soft under load. There is a broken window at the rear of the House. Moss is growing on sections of the asphalt shingled roof. 3. Both the Wooden Shed to the left of the House and Metal Shed to the right of the House are open, allowing contents such as wood pieces, tool boxes, and garbage to spill out attracting vandalism and criminal activity. Subsection 131(2) of the Local Governance Act states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Buildings are a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: The Buildings continue to be found open during routine inspections. Buildings in dilapidated condition and left unsecured from public entry can attract vandalism, arson and criminal activity. The front door to the House is open and accessible and provides unrestricted access to the entire building. The crawl space of the House can also be accessed through openings under the front deck. The Wooden Shed and Metal Shed also remain open with discarded household items and garbage visible. The property condition affects the quality of life of neighboring properties and negatively impacts property value of real estate in the area due to negative perceptions of unsafe and deteriorating conditions. The Saint John Police Force incident report dated November 2018 details a possible break in and open front door. The City of Saint John Finance department confirmed that the water has been turned off since March 2017. Saint John Energy confirmed that the power has been turned off since February 2016. 2. The Buildings are hazardous as they have been confirmed to be abandoned with no one responsible for their maintenance, security and upkeep. The bank holding the mortgage seized the property during bankruptcy proceedings and has since confirmed that they have relinquished their responsibility for the property. Therefore, there is no one to secure the buildings, maintain upkeep required, conduct repairs or demolish the building. 3. There is a higher risk of a fire event occurring at the property since it is known to the public that the Buildings are vacant and because they have been left open and abandoned. The Buildings are adjacent to a single family home at 324 Sandy Point Road and two -unit building located to the front of the property at 328-330 Sandy Point Road. If a fire event were to occur within the Building it could potentially spread to the neighboring properties which could cause significant damage to the buildings and endanger the lives of the occupants. 4. There is a concern for emergency personnel safety in the event of a fire or emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter the Building. The interior conditions of the Building are not known to firefighters which pose a hazard to their safety and others who may be inside in the event of a fire. Discarded furniture such a couch, a chair, and a large shelf are visible through the front door. These large objects could hinder the movements of emergency personnel. There is also what appears to be furniture stuffing covering most of the floor; this could hide any tripping hazards or the condition of the floor itself. In addition, there is a significant amount of water accumulated on the floor at the rear of the Building which is visible through the broken window. These items and hazards could restrict the movement or cause injury to emergency personnel should they need to gain entry. Also, the Building is set approximately 50 meters from the road. The driveway to the Building is narrow and snow is not plowed in the winter months. Emergency vehicles may have difficulty accessing the property if responding to an emergency situation. Subsection 131(3) of the Local Governance Act states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The House is a hazard to the safety of the public by reason of dilapidation for the following reasons: 1. Exterior Conditions: The exterior of the House is dilapidated and hazardous. The siding is deteriorated with mildew and algae growth. In addition, the siding is loose and hanging from the base of the House on the left and right side of the building. A window at the rear of the Building is broken. There are deck boards and wood with protruding nails scattered across the property that could cause personal injury. The front wooden deck of the House is dilapidated and unsound due to rotten deck boards with algae growth, causing a slipping hazard for those who may enter upon the property. In addition, the deck boards are soft under load due to weathering which could cause personal injury to those attempting to enter the House. 2. Interior Conditions: Through the front door, various discarded furniture can be seen such as a television, a couch and a chair. It appears as though the stuffing from the couch has been removed and now covers most of the floor of this room, as well as various other garbage. The condition of the floor is therefore unknown and could be hazardous to anyone entering the House. A section of flooring at the main entrance is damaged. The door frame appears damaged and may not allow the door to close properly. Water is entering the House through a broken window at the rear and through a leaking roof. The floor was covered with a layer of water, with water dripping from the ceiling on the day of the inspection. This has caused mold growth which poses a respiratory health hazard. Drywall has fallen from the ceiling due to water infiltration. The lack of a complete building envelope protecting the structure from precipitation and weathering will only cause the House to further deteriorate. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Buildings through all repair and remedial actions as follows: 1. The Buildings must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Buildings must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Buildings and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Buildings must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: achel Van Wart, EIT Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: a . M ME ME* a Mo Amy '•` •��'Eng., I:' r 3112) Date (municipauneS ACT, Mb.I'N.D. 1'Y/ , L . ", I 06hffl4siorw,�'=s c. M-22, s.190-021(1)) ch. M-22, par. 19@.021(1)) File No.: Appellant(s), Mi le Parcel Identifier -, PID # IRM ENTRE: Appelant(s), - et - THE CITY OF SAINT JOHN, Intim6e. Num6ro d'identifieat ion de la parcel le : 4 NID Parcel Address: Adresse de la parcelle : Owner(s) or Occupier(s): Name: Address: Telephone: Propri&taire(s) ou occupant(s) Nom: Adresse T616phone: Name: Nom : Address: Adresse UM= T616phone: . with the terms and conaiuons set out m u1G uuuuv that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at 2018. 111VUa.LILw vu avo wuaaa..a..aa., .1» J -. -- Favis qui a W notifid aux termes de Particle 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de 1' appelant(s) dans le pr6sent appel sont les suivants (enoncer les motifs de fagon claire et concise) : the day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the En l�ish or French language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8a' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Telecopier: 506-674-4214 2018. Signature du propridtaire ou l'occupant L' appelant(s) a (ont) F intention d'utiliser la langur francaise ou anglaise (Yeuillez cocher la cas appropriee). Yeuillez faire parvenir votre Avis d'appel par courrie recommande au secretaire de The City of Saint Joh; dans les quatorze (14) jours qui suivent la notificatio de Pavis a l'adresse suivante : Bureau du greffier communal 15 Market Square, Edifice de Fh6tel de ville, 8e 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E21, 4L1 T616phone: 506-658-2862 T616copieur: 506-674-4214 Notes: Notes : UILH9'1'lb' iuv ally%."' ucw \'ac —1 may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5: The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. (ont) le droit d' etre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger le delai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a 1'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) inter ete appel dans les quatorze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou 1' occupants) a qui une copse d'une decision a ete fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorze (14) jours qui suivent, inter eter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de la Loi sur les municipalites n'a pas ete suivie, ou (b) la decision est manifestement deraisonnable. I w I w I w w I w I w I w w 6 0 1 1 0 CL w P) NI I NOTICE11) (A)KIPLY WKN.D. 1973, ["a reel I denfifier ; 4 11 67',N AdMvmv 316 Randy Pohn Rout, SAInt John, New HnImsw1k (Aner(j) ui- Oceupkr(sk Naine,�'NU,J&e� Kii'liberly Anir Awl dress-. 31 (1amonce CrcsInvit, Nackawic, Nekv BwnmW H&G 1W V111voitipalily Wal nod": City of Sawt Mur 1: y4aw CanUavened: Saiw John ()nsi oghdy i'vennsus ivu,; [Wagorcljes RAW -I and, By. la,x Ki,iniber M-30 and amoMeMs dxwn) (de "S, kavv")" F01101 1,,.11.. F 1, AVIS DE C'ON 11?() WHO, (zo"Wr ks mmak4aftilmis, LACN.41. do 1973, ch. NA22, par. 19101(M), No m6rn Wi de n I ifira tion de to pa I'vel le -, 4,11678 ,Adruse: 326, Sandy 'flohit 1(oad, &dpl, Ji*n, NouwawHnmsw1k Propri.itaircls,) arta aocupav!Xs): N1kdw_ Kinflx,-IT,51, Anri Adres,sc 33, (1arvncv Cr*Kwal, Nackawia, Noqtvcau­ HnMSWkW 155G 163 11'avis s Cily 164 AF1,10 enfreint : lf'recWII awx firva, cni'aux h0p'I 'I , , ( d(10I r,..utx de S(04w AAn, AWIS nurilm Nh Ut Wi que sus atod'AfIcar,jons ck1jF&rcnws 0' 11 ArrCR�: *),. 1AVASKS) Contravelwe4j: Sabsections, N31(2) Dis 11100 00 en freini C(S), : Les pa MgQvs 141), aud 11 11(31) of t1u; Load QwavanvI Act, S.N.D. 21317, 13 42) ce poiagraphe L31 n) de Inc Lvi sur k C, 18 a rld a,irrlcn ad I w I Q I It S, therel oi�asl (IU,C Jos 4, ,Acr, Now 11n,inswick Ilegulalba A=2. whicii pm=,tJhes th,,A ci XWkx to Cbmpl Aall bo: bi Fwrn 1, wernalns awlrrl and to lblc mrl frm,wIc purqila I'll ro, SnAW 196 of the A Desaipflon of candfiion(s)! 'Fhe 111'rinise is unsigIm".1y by pvWWng jwa, WAh, refluse and as dRqkbwd building, to rvII Im d"le prelrrl,,C- 'Fhe budditIg I-II 1XIcorric a lljazartl to the sakly of A pubdc 11y reason.of Wng Ymm or tjri,�xcupi�,Nxj and has buumve I hazard to to Why of div pubhe by -mania of d0pWoon, The con,dixions ofthe Wdhig aml pmmrsc ore &sCjJIxX.I in EWA "A7 a true cqW of Me impudon mpin datmi .1 In IG 13, ell 18 prepared I:)), R.,a cA wl, ,,,in Watt, Is11', 1.�`3'y . law FnAmemod all ice r, revicwoct and cmneumed in by A"'Irly 0 J"i"g, By -lam, Un Farcenlent Wilecr, Knuedy or rernedies req,uh-egi: '11rL(myper is u) rernedy Q coWnions by-coinplying vd1h die nuluired rel,nedial aeOorls of to and b6ng A bud&ng and pre-riibms way o comphmme w9h Me mWaNd Bydmv. In the vvvH1 thol the owiter docs noz rernecfy flee c,on,dirion Of tho Wig and PMMISUS in lhz Unle prur bed. by this Noike to Ampy; ih,c 1,)II nthy kuh 14- 1- ..JIIA­­ "t-, LC Rjohmant Sur 1"asflaw ax4dr,:Y I regiwrc, ileo hovxr- JIII -- Lefi snv, iI [Wf.,,�,Jetneflt 21" 07 du Awatol3runswick, qui presedt cgeun avis de (A54 6,1re 0abih w1on la I'orI'nude 1, val me et moc en Queu on venit de AM 196 de 1a1 /xIiwaw r/a locale'. de la, (des) rondiflon(s) : Lcs lieux sank W,,i,W0qixs Qn !a pr6sence do, foryadJe, Cie: aWrriius, vt le 11,fain,wiAdhabrL LA w. dewav hnl,, 'ur la, eveC11111 Chi 11111,Ak, du ,Creuse I")o 6 de q0Ii 41habilation ou de, swan htoccuppiiion cl, eq dmaw dAngumust pour la secut-A,& du pidihic du fish, do son d0ahrvnwntIvs cmWhns du bAtAnut ut dm lieux soni d6crite,?i I'annoxe 4,a A as, r,aw7a cq)ie coofiwme du r,,,q)pIort dAmpvton un dwe du 13 joiri M8 CI Pix'I"Pim" 1")ar, Rachel Vall IT$,, u"no"', a"gel-fle char& de I't-,x6calion, dus arraks nawieipaiix�, rv,1-vis6 Q1 en d'4,xx:,ordc avee jxar Ain,y h1g., 1111C Rata watr Chal,P6 do 1"XISCUUMI des acrews MMU56paux. hiesure(s), A prcodrIL,a prcq,­rk.,,ta[rc tfoit wsl nvcv se, conron'ttato aux recomummdahoms (It"I rappoll IYnvSPvtali In st,tsnwndonno eL, Ile bilswil e� [es I ieimxen n veQ IArkhv,,, I,Xov; IWcnftvafitI6 que I. -I r1ro['1:6&14i1x 110 j,"enn6diera NwS Ie bRAnwt W ks hart daris le Ionlis prescrit par le avis 1C k,"Itfinent P(�)urrcall �Iqv adckess the ha/,dr(I lo (fic 7A'Ct)' (A'IhO JXII)NC, 'I'lle ai ('o ret lie r"I t 6A Wd I ala.rrl.lall 00JOUS, rdathog W Ulm de.rnofition ol'the 1xidding arlul Me dkrnmal or dehrig and kms on to ndiscs du xwl indudcAhc awDyna chati- wN xne rdwWWAliorz, rc,;tnfar(on of tancll, prentises ox pa imml pmpmly or odier rwietlial adYnn in auWr in controt or reduce, c±Qnwm IQ akc-v the nwmwr of 10ease (N Me IvIcase of uny cenwhmm iMp or uIx-5i'l We anvirvamou arug pn of Me unOr;mwwnL Date by im1del'i the rernedy or renjeflks aunt omw - ki.) The dontoliti(m I Of 111v btlib1ing, Cka"UP of the jxi)piirty related nn maMes mum be cowlNeW, or plus and pannir aMflieawflons to rop.,rit rehatod rv;nv %Jwl, wnnist be vabitriiuudwittiffi 60 wo or bon, served wilh t[w Notice to CoAghy, Ttw vc,"P.."Or reIawd relne'dies be a2-oll,'Apldv whK 120 days of being swNed whb the laatuaa to conqqy, Dale by wbichwice way foe appeale(L Al�idd,th 'I (I days ot' t)6llg:!,wrvOd lvjd.1 11 -to Neficle to Comply, Provess to, appen'L:Thc owrwt- tivay wiMin 14 days Aur havillij,'!" bcer� 'Ardh Ibis No"O'Ce W COMPY, wnd a Notiec of A;.�pa.ad Lw mOnewd nmR to the Comwo c ierh:, ot"t, tte (.: ii y n r so A abn A7 wy HA H . go F vo , 15 kfaakei Square, ",lainlJohin, N'ew Brlmwmiek, 112L. 41.1. Potential Pertfilly r(w flon-CO111 PU once vAthin q Mod ,weii dvw;ubsekon 136(1 ) nr oe tomi Slates t11.au a 1,)a zsovr who INS to Comply wdh the lums of a No% w (AwnI4y given tilvier Malmn 132 or% said Aw, vumnOs an olk-,,rice, tkvj,N i,; purrishable undor PArt 2 cif the as a Qallcgory U" 011'ev6ec., 'Whom an a0twe Tarn as Qumtiou 136(1) ccolimes Or 1`11,N'O dlz'111 tnw: daythe minhumin line that way he iuralnrrwnaaLl ii's Nl, ln:krinaual fbic Set by 11t® Pew)c.e., o"o Act for .In F off'onct ant Led the rnnnhi,N, of days duvirq,, w1ii'Gh ifle ofAnce catl%ws Putsuant W s0wamgwph 136(3) NIT? M 1,1 nicirm fit)?'s aufliorify to, oinkilake repabi or Of Ott Ujc"al stilt, c: MOt d',111 cAvirter or does COMPY with as 'Nimice on Conloy gNen uRkr sudon, 112 within Oto One set out 1) The ITIC11stire CN�Irwodw- ifirons to, tiut de P,OUJ` la ,CUIJ16 duj)tjbfiu, Us con"ecri'ves relativc,,,tnent A I d6molhinn du bAlAW d 6 dhpnMoa do, d0wis, apt aUtrCS iWITIS SUS WS 11QUX 110. C0TnL[-)A1.1 pw, le fletwyage, 1w1 reinilsL! ell, 61111 li IiOUX, &S lwjlljlNoi ou doAdaw pummwds ou uwato aunt insw convOw, His te but & wm&fler unua de dVirviinor IQ, Uwerscineilt, de mo&Acr 4 We de Mrsonmil ou le d6vemement (Futon I)o1luailit dons ou aur ou tome jurtie de reovoonnow. naw i iaquetie: tan on lulls memitivs downt are ria., it) La ckinofition do IxRin-lent 011 le netloyagle d'es Jk,�,tx (k4wifl, Sttv cvmpWW&, ou A bqwk Jown plans d de pernus pour les l n c%4 u r c s des r6paratiotis. tiai verto6rre sumniscs, dans les (14) JOUA-S C11.1i SLiVC11t 1a, s i �;, i i i rj eat i on, de I "ki v 6 k c o n f6rt n AL pap p c raapnas maatnrnnt rcba.es ,.iu,,x liam000n doivcol 0,tre (.la ns IN 120jt,,mrx qiii mlivC111, ta sij�aniftcadotl de 1'khvis de con6orl'niw, Date A InqueUt um 4JIJI)CI tier jlVjj,t 6tf(r ij& ), � pi'Q. [Inns Ws 14 Pun qui suivera de QW, de COJIUMN, %cmsus Wappel ; [z lucIrdtahe pau. Ws is 14 julum qN1 suivul la nouinendon de lows de vMINK! UWW# LITI avi�s rd appy par cc:nwrier recorunimW 6 ]a grePRK commutoole de la niunicip,edda, -A 'Y'ke C't,Iy of Saj�r,l John, NUICC ide 1105 do vHk, 0' Api 15 Mwid Spam, Sall Joltit, 1221, 41.] 116nalitt posdbic pour non-conrountilkiofairs le d6lzi prewrRz ; Lc paragntr4ic 136(1), de sur la Ispul,wrnumm, pv6-cdi quicitnique ould de sc k;orvtvriner aux ex I igericeIlalluaa.alwar� dans un avis de ocnifortiliL6 nnril)6auix iernwn& I'ari i(Jc 1,32 allay 'ladde krii, coln],nd ime, ill f'racticin qui Gsl polnissat)le On, vorul de la pantie 2 de ,voo- 1a en , provindaks A 1% 0105ambn de !a Clan se F, 1AWS(Ite UUC in %10tl IN'6V 1.10- '11,1 panngm.tibc 116(1 ) se pfwrsuiNpendar; pirts dline ON rommye, mAkrMe qW peal are, irrljv)ra�,o o,,t 1,rinonde 1:11JITimmle pr6vvv par ]a IN sur la rrux 1qfivtefioos Pour ut-te inuliction de IV vlasse F, ITudliph6c, Imr, IC n om hre de icrur's 1(,�sqtiels se potin;lAi vmRwm6uwd A NHOri 13RIXWO), Pottvoir de Ia "twrov,i[xxIJ(6 41'enlreprow1re les riparadens on de prendre les ntesuvw ; nu x 11in6,,is 137(l)(a)j, 13'7(1)(b)ct 13A I He) de In U swr ia gouvernance �] Ur uAs de amkmhk an &d MmAR6 aux fern ws de thlat Ille cost 01" t"-ajTyirng,- ort such work". h-icluding, ,vssociftted efi"I'l-ge or We, W" lo the ogVner Or occupicii" aod txxurnes a debt dw tca the kx.,al 4 1, , hted"Ill "75W1111 John tho 4.1 o y o lJ u ilrc„ 1'01& 9 sari ila�rllitµwd; "I Ire C)'ty of"', sahot J01111 Signature of hd unkpil 001aw MurOcipal Officet-'s Contact inftwitnatiops N"Ar-Ilt": Vall Wart, f"TI, Wiling addivss: (irowth ""ItI41 Comri-Iiinfly, Dewehojwlenii sm4ccw , TH My of saku Ju hn 1 M,,akot Squaro Ch HA TWHK& Wm FWr, It U Box 19 7 1 Saint Johir, Now Brauiswick Tpalepho,rju: (50($) (35,-291 I 1"O'Cocv,jer! (506) 632-61,199 SOW of musclawy N o"t (%: qAll lxrfrw,"most he WNW nnd MI twumm k,r2ishq"k'q1 inusk he carrq,,)'fi,,uJ wifli in ihe L-Amrsx, ofumphig as &w nNuked rmawill win, I Vwyrnrm cd, Lhr. '11w, will'" the by -la -w, 1v 1 r, ass h—c a OW Ow go Bw irwaarowpdrAily gid froy Idae Added N3 RL -Alt PropoTy 11% NOW. 1"at'iAgniptic 137(3) de, ladik [oj, to 1, , oijv roe tuyur ou r1pawr les Mean do cc propMake w dc cwk occupant ou clo la i,ire r�pmvr' r:Hj d6arwlil' le bddmcnt Ora auke cownwakin do ev txropfu% ou de ed 4,xvii1pall't, C1 14.s cof..'as afl6rents A 1'ex6cWi(,,-n Ouvj-a�. 5, y cmrnjmi,� lou'le rLdev"ince clo lot"d drv'it Can'llexe, sant ii la clizirge cfu propri&l,,caA,,c mi de 1'ow,1j%u'r1q 01 War ve chi goummemem local. A H A Sal I J d in le j aW, 2013, municipaht;6 : Thecity of Sairl'! John Signature de la, repi,�6seriWrlix tlratjficipalc� Courdaunks de In j-'etw6senlant"o tounicipale ! Narn , Rachel V,,nn Wat'l, IS Advae PDW: sel'v,ice de la Croissairco et du Ddvelloppeivient Qnnmunwoake ,FfiQ ("ks rel. Sai,ra, John, 15 Madel Squwe F,'Al ifice de 1 l,t61AA de vijl[e, I (le 61tqf',e, Crise law sidile 1971 W! John (NAuveawBounswuh) 1321., 4 L 1 NII :'ltalrladarr '° (506),('68-29H 'Fol &op izu"]. : (506 1,632-6 it 99 sucau dc In vflullicip=6 Nk,(4 i. wi, ic., txivnil; 41nivc'n't r(rfv obwsurg c"'I hou"le [o WgkW&n PrIMaM OR No rinpow, pmUM W%mm de'ri rdru:g34a1 m^ qk" lvcours" 2 Lc psamm & rmwwc n 4muiv. pos ,Rai)iipaon LrC!ma �au�Md�Wd htrl-O, lo rwrinna Aw t,vivls do 3. Les MY, deNrimen! unc Me cinivow M inubu4ndUct pcuvvr 14v gook i WiN PM&WAI, Z. . ....... .. MurOcipal Officet-'s Contact inftwitnatiops N"Ar-Ilt": Vall Wart, f"TI, Wiling addivss: (irowth ""ItI41 Comri-Iiinfly, Dewehojwlenii sm4ccw , TH My of saku Ju hn 1 M,,akot Squaro Ch HA TWHK& Wm FWr, It U Box 19 7 1 Saint Johir, Now Brauiswick Tpalepho,rju: (50($) (35,-291 I 1"O'Cocv,jer! (506) 632-61,199 SOW of musclawy N o"t (%: qAll lxrfrw,"most he WNW nnd MI twumm k,r2ishq"k'q1 inusk he carrq,,)'fi,,uJ wifli in ihe L-Amrsx, ofumphig as &w nNuked rmawill win, I Vwyrnrm cd, Lhr. '11w, will'" the by -la -w, 1v 1 r, ass h—c a OW Ow go Bw irwaarowpdrAily gid froy Idae Added N3 RL -Alt PropoTy 11% NOW. 1"at'iAgniptic 137(3) de, ladik [oj, to 1, , oijv roe tuyur ou r1pawr les Mean do cc propMake w dc cwk occupant ou clo la i,ire r�pmvr' r:Hj d6arwlil' le bddmcnt Ora auke cownwakin do ev txropfu% ou de ed 4,xvii1pall't, C1 14.s cof..'as afl6rents A 1'ex6cWi(,,-n Ouvj-a�. 5, y cmrnjmi,� lou'le rLdev"ince clo lot"d drv'it Can'llexe, sant ii la clizirge cfu propri&l,,caA,,c mi de 1'ow,1j%u'r1q 01 War ve chi goummemem local. A H A Sal I J d in le j aW, 2013, municipaht;6 : Thecity of Sairl'! John Signature de la, repi,�6seriWrlix tlratjficipalc� Courdaunks de In j-'etw6senlant"o tounicipale ! Narn , Rachel V,,nn Wat'l, IS Advae PDW: sel'v,ice de la Croissairco et du Ddvelloppeivient Qnnmunwoake ,FfiQ ("ks rel. Sai,ra, John, 15 Madel Squwe F,'Al ifice de 1 l,t61AA de vijl[e, I (le 61tqf',e, Crise law sidile 1971 W! John (NAuveawBounswuh) 1321., 4 L 1 NII :'ltalrladarr '° (506),('68-29H 'Fol &op izu"]. : (506 1,632-6 it 99 sucau dc In vflullicip=6 Nk,(4 i. wi, ic., txivnil; 41nivc'n't r(rfv obwsurg c"'I hou"le [o WgkW&n PrIMaM OR No rinpow, pmUM W%mm de'ri rdru:g34a1 m^ qk" lvcours" 2 Lc psamm & rmwwc n 4muiv. pos ,Rai)iipaon LrC!ma �au�Md�Wd htrl-O, lo rwrinna Aw t,vivls do 3. Les MY, deNrimen! unc Me cinivow M inubu4ndUct pcuvvr 14v gook i WiN PM&WAI, 326 Sandy Pahtt Road Safest John, New Brunswick I'll D4 4 11678 Inspect,ion Date,, April 26,, 2018 IOSPeOjemi Conducted by: Rached Van Wgn-t, F11"T Introduction. 2WO chvq,ds, Officer, Inspections of the: prapaily a 326 Sandy Pokit Road, VIL)O 41 167have ivveale'd, Owl there arc three buddings,rift the preuiPse (Me "Buddings"); a two-st(yrey, wood rn"Uncd Sinl4lcCarnilY 1),ouse Dhe I loase"), a wood frained shed, (the "Wooderi Shed") and rnetal ', shed (111,e '-Metal shcd")�, Staff fiTst becarne awaxe of the propeny's vacancy in March 201.`7 aitid be&an, slandard caforcem-ent pixxxxlures, The pro,perty is located in, the (Aly's North End in a two unit residcntisl zanu, Thu Baflding�..-, are a hazard to the safe ty of'thc pubtic by ramon (if hcingg q,)Ixu, vacant and by i-eason of"dilapidatica Discussion TI,)c 3UjjdLjT'jP,'$ am not iri compliance AM the Saini d'ohn, Uhsig,,M4Pi-vnxises panv Dangyrvle%s° 8vildingN and Wucauvs 14,-Iatv, By4,,,vx Nurnber W0, and wn.ench-nents t0vto Onsigb'dy I-Irenikse Cowiditions SI.-Oasectfor i 13 1(]) o Hh'CLOc-al G0vcrPgcuUeA:4 mates: No person slinkIt permit Invrniscs owned cw (wcuoed Iby it or- her lo he unsigj,htly by perniNng to raWn on any parrcifmtch preni ise� (4) any a.Qleq, junk, t-ubbish or rQt",usc;, (h) an acaunula&n af wood shavingN papa, SwAnst or other residue ol,` production or constructk,)n; �c) a dox"lict, equipment, rna6hinaT Whe body of any pan of as vdhiv'le Oquiliment war -rnactarn c,17y, or N) 0, (Rlapidatcd building. "rhel-c is at�� accWHan ofjunk, inbbish, and- rcf"e on the jvc)perty, 'I'liesc jtctns inctude, bd we not Wited to; woodeti tm�ards, lawn f4raitu,rc,, as garbnc can, PkI.5fii" bin, plastic wrqp, it f rwinp ,,, and varivus atha loose and hagg garbage, 'I"Ile atin-cinewoned accunudation or xx ruw,)ist), o'lld refil'so i,s wnsdghdy 2. The House is dflapidated. "I'lle CxWdOr of Me 1100sc consists c)Yvinyl giding that ,rr with mildwy and hWao g pxvwth, The vimyl sidirig is louse,and hanginp Ana the base of the House on the left and 1101' skle of the building. "The w(,,wdan dek �, at the H-ont of the finyse 6 vcHen mid q4,,)fi utictcr laiaa,aI I"hei-c is as broken Window at the Teaa of the Ffcmse. Moss is growing On secti,(,nis of titer asphah shin gled roi,)F 3. Both flic Wooderi S..`Yhe to thc left of the Ilotm and M:ctal Shed to the right of the 11ouse aro, Open, afloWilIg WrdeIAS SLICII ,08 w(xxl, boxes, and pert k�ti to, w,,,pill rata attractint.,, vandafimii and (xintinal activity, SubscCH0,11, 131(2) of tic LOW 6VwrnwwcAci states-, person shall peank a W16ng or other structure ommaj or avoupied bN the tiovson to it hazard to the safOy of the publilt, by reason of bcitl.g Vacant (�rr taicTcupied. Thv U`Wihlings are a Imud to the saf(y ol"' ilic pubhe by ()f I-),ejj)g va"jrt Ot tinocotillied f,"bf the 1'0110wing jvasotis:� W. 'I be Buildings continue to be Exisid openduring rcwtine inspxvtions Buildings in dilapidated canditicm and left LinsccureAJ from piablic, entry Qa a r�h �tttr c:t vamdatism, won mrW crinainal acti,,vity, 'Fhe, firont door to the Flouse is optai a,nd accessible anx] provides 'unnstricted, acss lc> 1he endre building. rhc czawl, sp'aoe of the 1-foase C"fri also Ix uwcessed, tlirougti opeNgs undo, he Frotat deck. Vie Wooderi ShW and Mietal Sluxi also retnain (,,open with discarded ticwsehold itms and pirbap %risikile. 1"he property wridifion afl'bcu, (fie qualfty of life, ol' neigliboring properfies and ncgativOy juipacts prql')erty Qua, of real wale in tho aina (Aw to negano pacep6ons af unwk and deteriorating arra n( The &Iint Johi PaRce Foinve incidera rel-ioi-I darte,,d Noverriber 201.9' de,,taih41 possble kyrzak in and copen aot,,it door. The City of SaintJ(,,)hn Finance i1ppartlent conffirined, tbat (be wwor has, bcen (tj.n,-tc(J off since Maroh 201T, Saint folui Thlergy cunfijnwd ttial the power tial t)wi klarned off since Febtijary 2016, 2. The Njildings am hazardw"I's a',Is', Mey have licen Confli'l-riled to be abandon,ed =1 nn one Insponshle for their" ru,ainteriance, security and vilikeep, The bank 1101dial the Mortgage s6zvd (lic tarn, perty during bankl-UPtcy pmccediitgs an -d Nears since o),j"O"inned Mat thoy have reliriquished their responsibility "sur~ the pnnwAy. Themefi.,we, there is, no one to Wuure th-e 1,wildbigs, rnaititahi UlAc,;p reydreQ COMIUC!F(.-p,�Iir-N or dw-notish the building. 3 7r, here is alligher rilk of as fbis eymn acandmg at tjjcpr()pOj°ty sijNce it is kitown to the public that die RiAngs are vacant wid kQeuse Lhey 14ave been left operi, and abandon,WL The Buildings are adj,�xxylt to' a 54181Q farnily 1,101I)IC at 324 and Poha, R.,Lqtd and twomrih bviwiag, IoQatod, tt ) t1w fiont of tile property al 329-330 Sandy Poirit Road� If as Fire event were to oociur wit'llin, 11-te 19ailding it ux;tld potwWally Eqiread to the nciphbori�i,-ig,properties w1tich could C,ntABC SiVnifitc'-wil dammge to the hudditigs and endanger the lives of the occupartts, 4, 1 hwe is as concern, (br ernergairs. y p_,r.%ojj,jjCI saf`u,(y in the ment of a Fire Carr ergoncy. If firefighterssw,',pect therc maybe people UmMz the Humug it would be reagoil",111e to expect 1,11ey jjNe^ lay c reqxti.red to etiter the Building, The Werior conMdons of' the BUildirip, are not known, to firofigirters whiel.1 pcts,c a hazard to dwir sal 'wY and others wN,) may be inside in the (�vent of as fire NscardtO furnihane such a Qouoti, a, chair, and as ]a.rgc shelf are visibIc throkagli Ole firOM CIOUL JbCSC Inge ohTlecjts wuld hinder the inovemients, of en,aeqenc yi personnel, There i,s also rwha t to ewe fitrmture stof"finp Covcairn 41, m(W of the this WdAddc arty tripping hazards fir fhe candhimi of the 11t)Tar itself. [it addition, there is as sigtvikult ain"Oun't of wvatw^nl oil the Hour at die rNa cW The Building jvhfcjx is Visiblu ffirouf;h Hie bwaken window Tlwese ilems, ,.ind ltaz�%T(N could ivstrict deal n,,tovernent o.,]!,, cause, injory to enicj-g(,,-K,1,CY Jwrstynnol 51101i1d f1ley tw(A to sarin entry. Aimp, the OuddWg is set 50 inetcrs frotyi the road. The driveway to the Bud&ng is niarniw and snow is not plowed in the Winter niontlis- Emxrgc,,ac� Vellicle's may 1-iinve dfl'ficulty a.",Cssing, drat jni�pper(y if responding to R)"I cmergetwy sitktatkm, Subsontion 1310) oj" (11cf.ocal (,,ovemanev states NO PCWSUn ShaR PeW a building or uAhcr strooure owji��o(j by OW Person 'to b=)n�ie ri hazfvt,uJ, to the .,,�)roy of 01,e Public by reasol-I (A"", dAmpid'afion or un,"'ourldnesis stre]'uI,glh� The Une is a, hazard to the safety ol,fltc- pi,,tbfic by raison of dila,pAmooin Am,- the RA lowill g lxasml s, 1. Exterior Candidom 71c exterior oftht House is dilaj�)idadc, ] and 1-mizard<mis, "rb,e aiding is deteric)ralted with uIldew and algae 1yomA. In adtfitiol", t1m sixiing is loose and hanging From t4 tws-v of the House cwt die tell and righi side of the Imi lding- A. win, (low at the reav'r• u)f 11-te Buflduag is ImSen, Iferc are dock bmirds and wood wi,fl"i protrudirig nerds scamered aemss the pra�ipm ty thottxwld c�,iuse pei-stmal iujIttry. 'Pliv t"ront wooden deck of the Fkwse is dflap-idated and unsound dw io, roiwn i.ieck boards with, algae grow,111" cau&ing a slipping hazard for Ocne wlia 111'ay ntar upon (11c Property" In, atcldftkxn, the adk bourds Marc At undm7 load due W, we;athe-ring vOiJoh could caLISC PCrtOOAd jqjUry ((I, Cl ose atteniptirig, To enter thic" Flouse. 1 lnteriorC`<,mditions: Througb die But doci,r, wwious discarded Furniture can 1e seen stteh a$ ,o, tolavi,sion,, a cotiol'i and a chfir. R appaws as tlao ugh the: Stuffing ftoim the o%,)uch, lin's been rernoved and now mers crust: of the fWar of dais toom, as wdl ,,Is Val`ious Offier garba� The Condition ('A`tfle fh'.)0r, is therefive uoiknowri and could hiAzat'dows ttp anyone entering A section, 4,A` flooring and t1je,, 1,1 ji entrume is dmiwgod. The door fk'avalc appears datnag(xl and tautly Ix.)t allow the OR)Or to'close, Projierly. W'Mc�,,r is entering ffic Bouse Itu-j.mgh a [)roken wi�ridow at dile rujit jtj, Id )Uj t1irr o , �1 , leaking mcil The flocw was Coverul With ajaym. of m�aer, witl-), water drippiri,. Rom be CdQ ,!,, on the day of, the inspmAlm This has caus�;d mold growitlAhich 1�awoses a respiratory health hizird, law anhas Wen hom the criling duc lowat'01 inOmfun, The InA, of a u,Ymph-tc buiWng onvelolicliu l wrturu the structure ftorn precipiLifion and woalhering W only cause this Fimise to further deterioraw Requi,red Rernedial Acdoms The ownur mmst comply witlj (.),le Ofti'-Otldvo w)pfioos slalxgl below: CAPMOu L Remedy the condRbns of Ux Ekii[dings tfixougli all mpair, and reviedial ; ions as fbblws" 1. 1 h Buildings must bt,' conipluely m1mired to ternody the aove nmenlior),ed lunzards to pul+c sakAy -while meeUng Me rmpjiixments t,)f the Nationol BuitcoUng, coerfe C'#'(74nada (201 Q) as Nyd] as a]], olb,erzvjllicable, by--Iamrs 2. 'Fhe Dufldinrnit8t lie, rn,iinUiivad, kept secure, and rnonit(Wed u"rt'r a4 baQ While IftQ Property mal),4,iins v,,agrut or 1, A dcfafled phan [11AVA be us the Growth and Community Developmcl.,I( Scrvices Depadment of the Chy of SWjnj John Obe "DepaMM") A rNew md A building penuit tnust be obwhwd fiw arty and al.1 �"ippficabtc wwk priol. to Cammendng said wark 11pr 11) d1c CAY of Saimt John in okict to coniply 4ATjtjj Sainx AhtR 13t4(diow By-law Nuni,:bcr (',`.P� 1,02 arld, a,jncnd,rrwnts thercto (111C "&iiYu'.Ajhn Buikhng gy-law-). (i, "Cliv i'vemise must be cleared. ofall debjis fbarid on the tyroputy, including any and, ;A1 ruibbish thaat may bu considerod liazardmos or unighdy, The dchds hmm tli p raa ar lriu5t bk, disposed ol' at an appi-oved solid waste disposalsate, in accxxtdan(v witli all 9uppfichbk,, by-laws, iwts and regutations. Docutnenux"I pivkof, dcalcmstrates an appmved soHd wa�te dkposal site was u,scdl J�'�j- disposal of" dclm,,is, tra),st be, pr,'(wided, to the premisc tnust comply with all applicalflo By-laws, Acts, Codes and RqgulaHonv Option Z: L)CniON011 of tht", mul, c1c.a.ttvq) c)& all] debrLs on. "die prem is by complyi ng witix aril fliz rcjrjc(jj3j ajotjujjs as, f6l [ows.. 1. Ile MkUngs must he dCMK4i0Wd to t,'cinove file hi�,,,vcird t<-) On &A,fety of" ffic pubhc hy reason c)fdilapidaBasta and by mmon of being v",arat or unuccujaicd,, 2, A demofiflo,n pci-,,ijiit oq,(,tst I)c (�),pjta:j:ncd ftotll 111c. CRY Of Sailit 110fui im ardcr to corn 1, witli �3. 17he p,,m,1m1i,,qe must be clamaamr of of , One d,c'bn, s 6va"he dom ol �i ti o ri, and the I o t num! ho rm'i'de reasonA)TY, levet, with gade so as w not create �a It'ipping cm, falling luizard, AH, debris, UILLSt be Aposed of at mapproved sofict waste dispom] site, ai'ld in ac,cordance wifli zdil app1jeabic QjJWL", and, l; Cgulalic'ml&, Dc.1'etunewed proof,, diat clarly demon-sirates an appmed Baal id ivaMc di sposal SiW'Was, ursed fim, the dopoul af'deb,ris, irmst 1,,),e pra)vidcd to tbe UQpartment, 4,,, SII dkbtis that is cunewly Na fair, p)rcmise mus'l be 3-crn-oved and dig-pos4A of at an approved. solid wwsac dispc.mal sile" and iti ac�cordarice withall applicable By4aws, Acis and RL2�gLLhjtj,<5(),S, D,,acu,niented tfiat (dearly demonstrate,'s an zippromt soMwasW d1hposal she was used, for Ow dispusal ofd6hrjs,,, mciqt W pyn,vj(],L�.Aj to flic F.Yepartment, ,5. Thv pap-aany- muA bc in, compharace with all tApplicable ll; y-[,aws, Aet� aslid, Regutaficn& Prep�,,,uvd by-, . . . ....... tacliel Van Wart, Ell' 'f'cc11r,1Jcaj &trvicvi Officer Growth and Coni,-nmnity Deve'llopsm""'n't Scj-vi(:Cs R.c6imcd, by and comAirred, in by: &ixL'm g, MBA .. ......... . ... 1 41 COUNCIL REPORT M&C No. 2018-241 Report Date August 13, 2018 Meeting Date August 20, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous buildings at 100- 102 Winslow Street (PID# 363515) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rachel Van Wart J Hamilton /A Poffenroth Jeff Trail RECOMMENDATION Your City Manager recommends that 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 100-102 Winslow Street (PID#363515), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the buildings at 100-102 Winslow Street. The hazardous conditions outlined in the Notice have not been remedied by the owners within the required time frame and staff is looking for authorization from Council to arrange the demolition of the buildings. PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 100-102 Winslow Street, PID# 363515, have revealed that there are two buildings on the premise; a two-storey, two unit, wood framed building and a single -storey, wood framed shed. Staff first became aware of the property's vacancy in February 2017 and began standard enforcement procedures. The property is located in the City's West Side in a two `rK3 -2 - unit residential zone. The buildings are a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on July 4, 2018 and was posted to the building on July 5, 2018 as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate Regarding Title for the building lists two individuals as the registered owners. The Notice provided the owners with 30 days to remedy the conditions at the property. The owners did not take remedial action to comply with the requirements of the Notice. A compliance inspection was conducted on August 7, 2018 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service on the owner via posting. Also included are photographs of the buildings. The Local Governance Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was sent to the owners and encumbrances via registered mail on July 30, 2018 and was posted to the building on July 31, 2018. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is approximated at $15,000-$18,000 and will take about 2-4 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. ` FM -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownersh Certificate Regarding Title for the property. Office registered the Notice to Comply with Registry. ATTACHMENTS ip verification by obtaining the Additionally, the City Solicitor's Service New Brunswick's Land Notice to Comply and Inspection Report Affidavit of Posting - Notice to Comply Affidavit of Posting - Notice of Common Council Hearing Letter Photos HSI w CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINTJOHN IN 'THE MATTER OF THE BUILDING THATIS LOCAJ'ED Al" Aoo'_\O,� v e. SAINT JOHN, N.B. f PID number AFFIDAVITOF SERVICE of Saint John, N.B., Make Oatb And Say As Follows: 1. 1 am employed by The City of Saint J01111 ill it S G RMth alld C0111111 Lill i ty Developin crit Services Del-mrtment, I hair c personal knoxvIedge of the matters herein deposed except where otherwisc stated, 2. Oil approximatcly q � I posted as copy of theattached Notice ofCommon Council hearing Letter. marked Exhibit" „ to the fh)nt door ofthe building that is localedat V10's k . Saini John, N.B. Sworti To beficire me at the City ofSaint John, N.B., on the "?''t' --day of 1,-/ 12018 f------ - . ..... — A 01ZE01 4 IV, Ig 4 mlImp 11:4 176 . ........... July 30, 2018 Permitting & Inspection / Service des inspections et de I'application By -Law Enforcement / Service d'Application des Arrk& Munk ipaux Phone / T61: (506) 658-2911 F ax / T61kc: (506) 632-6199 Case Number: 17-0066 VIA REGISTERED MAIL Donald P & Emily B Collins 100- 102 Winslow St Saint John, NB E2M I W5 Dear Sir/Madam: This Is EAlbit A 115 Retan,9d to in the AMda* of Swolinii, b S e me at the Chy aint john, N of day Corral er 0(oaft NOTICE OF COMMON COU'NCIL HEARING Re, Property located at 1000 -102 Winslow St, PID # 00363515 Dangerous and Vacant Building Program On July 4,2018, a Notice to Comply was issued for the above mentioned property which required remedial action to bring the building and premises into compliance with the Saint .John Unsightly Preinises antl Dwrgerous Builtlings and Structures 414env. The Notice to Comply was posted to the building on July 5, 201& The fourteen (14) day appeal period has, now, expired. T'herefore, a compliance inspection will be conducted on August 7, 201& If the property is not in compliance with the aforesaid By-law at the time of the inspection, City Staff will be attending the Common Council meeting scheduled on August 20, 2018 at 6.00 p.m. to recommend that the building be demolished. Please be advised that at this meeting, you will have the opportunity to present evidence to the contrary, IfYOU have any questions, please do not hesitate to contact me at (`64)61658-291:1. Regards, Rachel Van Wail, ,CIT , Fechnical Services Officer c: Royal Bank of Canada P.O. Box 197'1 CA 1971 Saint John, NB Saint john, N. -B, Canada EA 4LI Canada E2L 41 vPAw.saintjohn.ca 177 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT J014N IN "I'HE MATTER OF THE BUILDING THAT IS LOCATED AT SAINT JOHN, N.B,. (PID number AFFIDAVIT OF SERVICE 1, of Saint John, N.B,, Make Oath And Say As Follows: I. Imn employed fry The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. �'7 1 On at approxiniately I posted a copy, of the attached Notice to Comply, marked Exhibit "A" and Notice of Appeal, marked Exhibit "B" to the front door of the building that is located at Ax) - )c;) : Saint Jo,lui, N.B. Sworn To before me at the City of Saint John, N.B., oil the 5" 'L day of —S—�i � 2018 A VA 4 WART r,OMMISSIONIER OF c)ATHS My COMMISSION EXPIRES 178 FORM I Conim*sk~ Of 08MS FORMULE I NOTICE TO COMPLY (Afisnicipafitie�s Act, R.S.N.B. 1973, c.M-22, s.190.01(3)) Parcel Identifier: 363515 Address: 100-102 Winslow Street, Saint John, New Brunswick Owner(s) or Occupier(s): Name: Ccillins, Donald Paul AVIS DE CONFORMat, (Loi sur les municipalitis, I.-R.N.-B. de 1973, ch. M-22, par. 190.0](3)) Num6ro Widentification de la pareelle - 363515 Adresse - 100-102, rue Winslow, Saint John, Nouveau -Brunswick Proprie'taire(s) ou occupant(s): Nom .- Collins, Donald Paul Address: 100-102 Winslow Street, Saint John, New Adresse : 100-102, rue Winslow, Saint John, Brunswick, E2M I W5 Nouveau -Brunswick, E21 1 IW5 Name: Collins,13-mily Blanche Nom : Collins, Emily Blanche Address: 100-102 Winslow Street, Saint John, New Adresse: 100-102, rue Winslow, Saint Jotul, Brunswick, E2M 1'W Nouveau -Brunswick, E2M IW5 Municipality issuing notice: City of Saint John By-law contravened: Seiint, John tfnsi,,,htl - ),° Prc,!tnises and Dangerous Buildin&v and Structures, By- law Number M-30 and amendments thereto (the "By- law"), Provision(s) contravened: Subsections 131.(1), 131(2) and 131(3) of the Local Governance Act, S.N.B, 2017, c. 18 and amendnients thereto, 'rhe Latut Regisoy Forinv Regulation - Municipalities Act, New Brunswick Regulation 2007-22, which prescribes that a Notice to Comply shall be in Forin 1, remains valid and continues to be in force pursuant to section 196 of the Local Gove"tance Act, Description of condition(s).- 'file premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain oil the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. 'rhe conditions of the building and prernise are described in Schedule "A", a true copy of the inspection report, dated July 4, 2018 prepared by Rachel Van Wart, Ell', By-law Enforcement Officer, reviewed and concurred in by Amy Poffenroth, P, Eng., By-law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into, compliance with the aforesaid By-law. Municipalit'k signifiant Pavis ; City of Saint John Arretk enfreint: Arr6te relatil'aux lieux incslhliques el aux lu'llittients et constructions dangereux de &Iint John, Arnat6 Infl-n6ro M-30, ainsi clue ses modifications ci -aff6rentes, (1' o Arrdt6 >>). Disposition(s) enfreinte(s) :les paragraptles 131(1), 131(2) el. paragraplie 131(3) de ]a Loi sur hi g!�.)uvernance localc' nnmicipali&s, ainsi clue les modifications aff6rentes. U, Rgletnent sur les',fornittles 4h4 regisire fie bien- Jnds ­.- Loi sur les niunicilmlites, Rlenlent 2007-22 du Nouveau-BrUnswick, qui prescrit qU'Lnl avis de, confannit& doit etre a tabli selon ]a lorinule 1, denicure valide et reste en vigUeUr en vertu de 1'article 196 de ]a Loisur higouvernance lcpcede. Description de ]a (des) condition(s) Les lieux wont inesth6tiques en permettant la pr6sence de ferraille, de d6tritus et le b5linient d6lab,r6. Le Wtinlent est devenu dangercuse pour [a s6curit6 du public du fait de soil inhabitation oar de son inoccupation et, est devenu dangercuse pour la s6curit6 du pub[ic, du fait de soil ddlabrenient et du fait de inanque de solidit6. Les conditions du b5tinlent et ties lieux cont d6crites 6 I'annexe (< A ar, une copie conforine du rapport d'inspection en date du 4 jUillet 2018 et pr&par6 par Rachel Van Watt, IS, une agente cliarg6 de 1'exdcution des arrEt6s niunicipaux, r6visd et ell d"accorde avec par Amy Pofferuoth, ing., une agente charg6 de 1'ex6cution des arrdt6s municipaux. Mesure(s) it prendre : La propri6taire Boit restaurer les conditions ell se confonnant aux recominandations du rapport dinspection susrnentionnd et darnener le bdtinient et les heux en conforniitds avec I'Arr&6. hazard to the safety of the public and the premises may represente un danger pour la securite du public et les be cleaned up. lieux pourront etre nettoyes. In the event of demolition, all debris and items on the premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: i a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 30 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8'h Floor, 15 Market Square, Saint John, New Brunswick, E21, 4L1. Potential penalty for non-compliance within specified time:z Subsection 136(1) of the Local Governance Act states that a person who fails to comply with the terms of a Notice to Comply given under subsection 132 of the said Act, commits an offence that is punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection 136(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 136(3) (b)(i). Dans I'eventualite de demolition, tous les debris et autres items sur les lieux seront disposes comme mesure corrective dans le but de remedier le danger pour la securite du public. Les mesures correctives susmentionnees relativement A la demolition du batiment et la disposition des debris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou de reduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d'un polluant dans ou sur Fenvironnement ou toute partie de Penvironnement. Date i laquelle la on les mesures doivent etre prisesi : a) La demolition du batiment et le nettoyage des lieux doivent etre completees, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 30 jours qui suivent la signification de Pavis de conformite. b) Les reparations reliees aux mesures doivent etre completees dans les 120 jours qui suivent la signification de 1'avis de conformite. Date it laquelle un appel de 1'avis peut etre depose: Dans les 14 jours qui suivent la notification de l'avis de conformite. Processus d'appel : La proprietaire peux dans les 14 jours qui suivent la notification de Favis de conformite, envoye un avis d'appel par courrier recommande a la greffiere communale de la municipalite, a The City of Saint John, Edifice de I'hotel de ville, 8e etage, 15 Market Square, Saint John, Nouveau -Brunswick, E21, 4L1. Penalite possible pour non-conformite dans le delai prescritz : Le paragraphe 136(1) de la Loi sur la gouvernance locale prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de Particle 132 de ladite loi, commet une infraction qui est punissable en vertu de la partie 2 de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction prevue au paragraphe 136(1) se poursuit pendant plus d'une journee, Pamende minimale qui peut etre imposee est 1'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels l'infraction se poursuit conformement a I'alinea 136(3)(b)(i). said Notice, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to be repaired or demolished. Further, subsection 137(3) of the Local Governance Act states that the cost of carrying out such work, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the local government. Dated at Saint John the T day of July, 2018 Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer's Contact information Name: Rachel Van Wart, EIT Mailing address: Growth and Community Development Services The City of Saint John 15 Market Square City Hall Building, lou' Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658-2911 Telecopier: (506) 632-6199 Email: rachel.vanwart(a)saintjohn.ca Seal of municipality Notes:' 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by-law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to Particle 132 de ladite loi et, que le propri6taire ou Poccupant ne se conforme pas a cet avis de conformit6 dans le d6lai imparti et tel qu'il est repute confirm6 ou tel qu'il est confirm6 ou modif6 par un comit6 du conseil ou par un juge en vertu le paragraphe 137(3) de ladite loi, la municipalit6 peut faire nettoyer ou r6parer les lieux de ce propri6taire ou de cet occupant ou de faire r6parer ou d6molir le batiment ou autre construction de ce propri6taire ou de cet occupant, et les couts aff6rents a Pexecution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis a la charge du propri6taire ou de ('occupant et deviennent une cr6ance du gouvernement local. Fait a Saint John le _ juillet, 2018. Municipalit6 : The City of Saint John Signature de la repr6sentante municipale: Coordonnees de la representante municipale : Nom: Rachel Van Wart, IS Adresse postale: Service de la Croissance et du D6veloppement Communautaire The City of Saint John 15 Market Square Edifice de 1'h6tel de ville, 10e 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 T616phone : (506) 658-2911 T616copieur : (506) 632-6199 Courriel: rachel.vanwartCaa)saint'o1 hn.ca Sceau de la municipalit6 Notes : I. Tous les permis prescrits doivent etre obtenus et toute la legislation pertinente doit etre respectee, pendant 1'exdcution de la mesure de recours. 2. Le paiement de I'amende n'annule pas ('obligation de respecter 1'arrete, la norme ou ]'avis de conformitd. 3. Les couts deviennent une dette envers la municipalit6 et peuvent E, uawu at aami conn, 100-102 Winslow Street this- 44"- day of Saint John, New Brunswick PID# 363515 Inspection Date: May 24, 2018 S n arils Officer Inspection Conducted by: Rachel Van Wart, EIT Introduction Inspections of the property at 100-102 Winslow Street, PID# 363515, have revealed that there are two buildings on the premise (the "Buildings"); a two-storey, two unit, wood framed building (the "Building") and a single -storey, wood framed shed (the "Shed"). Staff first became aware of the property's vacancy in February 2017 and began standard enforcement procedures. The property is located in the City's West Side in a two unit residential zone. The Buildings are a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. Discussion The Buildings are not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, By-law Number M-30, and amendments thereto (the "By-law"). Unsightly Premise Conditions Subsection 131(1) of the Local Governance Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 1. There is an accumulation of junk, rubbish, and refuse on the property. These items include, but are not limited to; wooden boards, the metal frame of an unknown structure, a crumbling brick fire pit, a sink and various other loose garbage. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated. The exterior of the Building consists of wooden shingle siding with peeling paint. In addition, paint is peeling from the surface of the trim around the windows and doors. The fascia and soffit on the left side of the Building is deteriorated and rotting with holes. At the rear of the Building, the downspout is loose and held by one brace. There is a PVC pipe coming from the rear of the Building and resting on the roof of the Shed. The Building's foundation -has shifted significantly causing the Building to shift rendering it ,structurally unsound. Bulging can be seen on the exterior of the Building in a number of locations near the foundation. The entrance to the staircase to the second -storey accessible at the rear of the Building is significantly sloped with the door frame crooked and floors sloped at an approximate 30 degree angle. This rear nnnp..CC ebo-A is ola— ,.,,11;.,,. .,__ 11.,....,. �1__ -I--- - -. '.n » • 11V 41111 U11 LIM uoor mm is peeling. The bottom of a wall panel on the right side wall is unsecured at the bottom, allowing the Shed's contents to spill out. Animals appear to be burrowing in a crevasse below the entrance to the Shed floor where rot is apparent. 4. The wooden fence spanning the left side to the rear of the Building is dilapidated with peeling paint. Sections of the fence are leaning while other sections have completely fallen. Vacant and Unoccupied Subsection 131(2) of the Local Governance Act states: No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Buildings are a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: L Buildings in dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. The property condition affects the quality of life of neighboring properties and negatively impacts property value of real estate in the area due to negative perceptions of unsafe and deteriorating conditions. The City of Saint John Finance department confirmed that the water has been turned off since August 2016. Saint John Energy confirmed that the power at the first -storey unit at 100 Winslow Street has been turned off since December 2017 and the power at the second -storey unit at 102 Winslow Street has been turned off since September 2016. 2. There is a higher risk of a fire event occurring at the property since it may be known to the public that the Buildings are vacant. The Buildings are adjacent to a single family home at 88 Winslow Street and the Carleton Curling Club at 115 Rodney Street. If a fire event were to occur within the Buildings it could potentially spread to the neighboring properties which could cause significant damage to the buildings, neighboring business and endanger the lives of the occupants. 3. There is a concern for emergency personnel safety in the event of a fire or emergency. If firefighters suspect there may be people inside the Buildings, it would be reasonable to expect they may be required to enter them. The interior conditions of the Buildings are not known to firefighters which pose a hazard to their safety and others who may be inside in the event of a fire. There is a significant amount of household items such as furniture, appliances, book shelves, garbage and :various other loose items throughout the Building. These objects could hinder the movements of emergency personnel. The floors in the first -storey unit are significantly sloped and pose a risk to anyone entering the Building. In addition, there is water damage throughout the Building which has caused saturated floors. These items and the condition of the floors could restrict the movement or cause injury to emergency personnel should they need to gain entry into the Building. Dilapidated and Structurally Unsound Building Conditions Subsection 131(3) of the Local Governance Act states No person shall permit a building or other structure owned or occupied by L The Building's foundation has shifted significantly causing the Building to be structurally unsound and has caused shifting of structural members in numerous locations. Bulging can be seen on the exterior of the Building in a number of locations near the foundation. The floors in the Building are significantly sloped and uneven. In the first -storey unit, the floor in the kitchen has heaved, resulting in a sloped mound that is approximately 2 feet higher than the finished floor level. It is unsafe to enter the second -storey bathroom due to floors being mounded to a height of approximately 1 foot. The toilet in the bathroom remains leaning due to the floor heaving. Other sections of flooring throughout the Building are soft and not safe to walk on due to unsoundness of structural strength. 2. The second story porch on the right side of the Building is sagging and structurally unsound. The deck boards are rotten and deteriorated and could fail under live load causing personal injury due to the fall from the second -storey. 3. The entrance to the staircase to the second -storey accessible at the rear of the Building is significantly sloped with the door frame crooked and floors sloped at an approximate 30 degree angle. This rear access shed is also pulling away from the Building with walls leaning away from the main structure. 4. The fascia and soffit on the left side of the Building are deteriorated and rotting with holes. A piece of trim near the soffit is hanging. At the rear of the Building, the downspout is loose and held by one brace. There is a PVC pipe coming from the rear of the Building and resting on the roof of the Shed. 5. The interior of the Building is dilapidated. There is an accumulation of junk, garbage, and bulky items throughout the Building that makes it difficult to manoeuvre through the Building. It is impossible to enter some rooms due to the accumulation of items. There are wires and extension cords running through the first -storey kitchen. 6. There is water damage throughout the interior of the Building. This can be seen on floors, walls and ceilings. Wall paneling and drywall are warping and bulging in numerous locations throughout the Building, in addition to cracks and peeling paint. In the second -storey bathroom there is a hole in the ceiling that has caused insulation to fall. There is mold growth throughout the Building which poses a respiratory hazard which is evident in the second -storey unit bathroom and rear stairwell. The Shed is a hazard to the safety of the public by reason of dilapidation for the following reasons: 7. The wooden exterior of the Shed is weathered and faded with no siding to protect it from the elements to prevent further deterioration. The paint on the door trim is peeling. The bottom of a wall panel on the right side wall is unsecured at the bottom, allowing the Shed's contents to spill out. The Shed is full of various items including tools, chemical products and garbage. Animals appear to be burrowing in a crevasse below the entrance to the Shed floor where rot is apparent. Required Remedial Actions The owner must comply with one of the two options stated below: Option l: Remedy the conditions of the Building through all repair and remedial actions as follows: __ ..... �...� ujL%, —Liuirements or in National Building Code of Canada (2010) as well as all other applicable by-laws. 2. The Buildings must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. I A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. I The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: Reviewed by and concurred in by: Amy Poff th, P. Eng., MBA Building Inspector Deputy Commissioner Growth and Community Development Services (municipalities Act, .B. 1973, kivi,,tL t ,4M,LLoim sur les unicipalitis, L.R.N.-B. de 1973, c. M-22, s.190.021(l)) dw��rofoathg --c—h--. M-22, par, 190.021(1)) File No.: N' du dossier: BETWEEN: ENTRE: fffl=� - and - THE CITY OF SAINT JOHN, Respondent. mmorl, ■ Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: Appelant(s), - et - THE CITY OF SAINT JOHN, Intim6e. Nunn re d'identification de la parcelle # NI D Adresse de la parcelle : Propri6taire(s) cru occupant(s) Nom: Adresse Ta phone: Nom: Adresse T610hone: that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): vuwalwa VU 1w VV11UILIV110 LJUI Y AVM CUUjl(Mj' UUHS 1 avis qui a ete notifie aux termes de 1 article 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de 1'appelant(s) dans le present appel sont les suivants (enoncer les motifs de faVon claire et concise) : Dated at the day of Fait a 2018. Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8t` Floor P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Telephone: 506-658-2862 Telecopier: 506-674-4214 2018. Signature du proprietaire ou Foccupant le L'appelant(s) a (ont) l'intention d'utiliser la langue francaise ou anaise (Veuillez cocher la case appropriee). Veuillez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de Pavis a Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de 1'h6tel de ville, 8e etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone: 506-658-2862 Telecopieur: 506-674-4214 Notes: Notes : v rr ♦ -/ may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5: The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. j �. t ....»... �..� ..» . --yc+. kOf aiui uawaJvLLa.kuLJ aFy..1 a (ont) le droit d'etre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger le delai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a l'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) inter W appel dans les quatorze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou l'occupant(s) a qui une copie d'une decision a ete fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorze (14) jours qui suivent, inter eter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de la Loi sur les municipalites n'a pas ete suivie, ou (b) la decision est manifestement deraisonnable. I I I I I I 6 0 1 1 0 CL FORMI NOTICE, 11) WN11 III IV R.S.N.R. 1973, =N42L sJ90A 100 Parcel file"I'I'ller, 363:515 A&res I CHI A (12 VV AM aw S sum, Sa i ni J ON New 1:3rnsw1k (Puter(s) or Oceupbr(sy� N a in e; Co H i ns, Dona Ed 1"nu I VORNIUIAT I �kN'l S DP: (J) N 141) RNI HT, (Lo,Fvnth,,As tip tio ricipahles, ULTUTL de 1973, ch. NI -22, pin 190401(3)) Nunikra Wdentificaliomi de Ivi parcelle ., 3(-1.3 5 15 Um"o , Hold 02, rvo 'Xin4ow. SW hfrl� Oil limn : Cd hiriv 1AM0 M 10,11 A,ddreisi 100-102 Wshw, Savd, Skint Who Noy Mrosse ;! 100.102, rim Winskyn SAM John, 11vinswilk, UNI 1 VV5 hkxPxavQnmm"AQY 12NI I VV5 �Nafxle" 0)11irls, FFni°y R'livu,"he Non'r Colliny, l°lllily Kam,+c Address�: 14)() 102 %Yrsltnv ScIvol", Sair! John, Nexv Adreise. 13,roi r i s w ic k, L2 N1 I W55, F2N1 INY5 M lil nicitlnfily I irlrw noll ke Wy of Svika John Ry-hm conlravelM& &WO ,fir ba =QhQ Iiia � Nunibor N1.10 rind nnn''n?'Jmclvs IN= (TC I. contruvened: tons 1310), 131(2) and 131(l) 04hLmzd fkwowam,v 111 Y&J3. 2011 , 18 and orm d cnou i i Rnr u). Ile Lam/ RQW), PSwic NogyWon - AlymcqudWax At�i, No'w Bo,,iosv,,ick Rxgi,"kwon 2007-22. whkh presc,rihes 111rl1 n Rime 10 chnwly 511iaH 1:1C ill lrrrwnsrna I. 11 JiraIXlTr voijd �arlill m0nmeg to he in We Pumml to ,wc,lk-m 196 at DvwrQIAn of comikinri(s): the prenine is umqPidy Ky pemalling junk AW relke and a dilnpu.liitcd buUng to remah ;!u the pmnoms ISw huNJi,ag lias "I hazzir(1 10 Me Saby of Q-10 public rt'-.osm of lxArlt v""waxI 'ol, u-noccupial and has beem; a lmznTd to lie sally of Se pub& bynvumin of ddapWaYin and by reason of orisomidnes; or gummai wnph,"bc cxoll:hlioris O� ([it, WWI aad 1xvniku ary duscril,,Icd in SdmdWc "A7 a mw can y of dw kvpm[--,k:,m l,,,JarCd J u I y 4, 20 IS p rv, lxa rv,md by R ac 1i c I Vn n n, I IT, fl ("'Iffi(xt, aritI ccPuwuvrw,,,d 1.�� El, Frig., Ry- k",rw 011ieuer. 01", 1 CnIvAks' roqtnilT& I-ItO 0=0 jS 10 roliiw,,d), kx�lndiIkws by compYing wHh W requRd rullwdi a I a(, I ions of' I� Itc.. al6rclnel I l i,nrlcd ills p ovi iml I %,",.port arld bring thc aric.] Jxre'116NU!, illl,(l % it I r 1, ht'.: o fores""'I id 133- i a vv WMAWWWWAirintrawAlkyof Soirnkkn WSW tnilh-t4ill : ficvj�" el anx FAWWIS e� doS'airn Johq A mW m - i%:) N-1 - �3 0., il i ris i k:pte ses IrOch f1c�.vuiorls 0" x Le's L310) x pan,'tgripbe Pl(Vl de In snr tlm r�onvcauwc't- loihv imudcoahmV a6mi quu G Le mo, ifif rcj,,i,!o.,rc 1,4,, biea l - SON - LoVmr W namhYmNS fNgknwM 2=22 du 'NouveawKinsw0k, qui prescriii q&"; avis dc ~ti OSM& chd Ore &K scion 0 Ai nule 4 dcrnem wilidw u r rc(o ell v,ignmn, on vorlu do 1'arflek-, I01 de lir f"," Sur P'agwn%Ij 110scripou" do to (des) cftndiiioll,(�) : 1'.i:S hel"IX incsfl'idiques CM Ponneumll la p,r�n;euvo de I'(wrvldk dc UNJIUS d le b0liam MW 14 bM Awnt tor dumn""I pour I s&Lirilt5 chi tmfl)fic,, �fij 110 (W son on 4Q, son (.I mss, l Wv= sLingenoune pm.ir 1;,., N6cmrii6 a3rrr rwrjqj(d (Jrj i it de son d6abroment ot & IAR de nurnquo dc VMS Lcsr;()I-Idirinris du hAflrricrw ot dos hicux soil ddaArs i''I ramwxc a N n, trate copic du rappm d'hispoxtion Cn dar x (In *; juiller', 20111 QJ pl, Richc,I, Van W.nrl, Is�, 111w charg, des C1 Cil d*Iecm-qk,,. nAv(:, Par Array Niesurv6) il pt-endry ! L. -I do� ( :ie"'Aaaarer ON vouditAms en m: amKiiiani aux du rVipm dimpniki sumnenhonni et (rawmner Ye.� [)a,lfilncla 01 IlcI'Jens, on nvec-- I'An-A� hazard I co die sakly oY the public and the prmm wes nqy ijAss0c un dnqWr pwir W sWOR chi public m law he Axind up, liumpounnot8we ixooyk, In U mew of dcumbAm A Wh and Mys on the pr(-'aniws o'^fll be (Ji��oscd thc�: c-,cirrooJvc io addWSM I ho hmm 10 dw SAWY of ITC PWAC' I , Ile ren-sedi,"A acdoz,18 '10 he iluno�ilaion r,,fq,fic NO dAg aml Mu &;W cc donk Ord 4onvs on 4ie prc,,,,miso do not Includwhe canylnR Awn up. We Wriblhathri, remonwhm of W. pmawas rw pumoul pnTerly cir' irifli,,.n1'lediaon l act in order lo, M or,,,pnfl cir e �xxhtcc,,, d nr 0�fl dnme 11ao Mew, n11K_r do nuinmx k,4 or tlic, r0embu or any connArims iMu or up"n Oic cnviionniciv, or any port Mho environmen-- Mle bywhich the wernedy orremedies inm occur; , mai "11u" e'Icirx,flition r:4 11,10 buil(fing, Cka"MP of IJW: pupony and rMcd mmedIs irius� Ix ceorrjplcau., rw phow and pemA apoiuiW An rMuh WWI rowdics, iriusl he mik'naccL wid6n .111, d,jyS to ipmttr,mm,,d�r�(l wAhthe AM MkmqAy. 1h) Thin evpk' rc,'kiwd rcinc lus inum be womMon: %willin 120,driys of with dw 101k; Lo (AMINY", Dale k?y %flikh nolict i°n,'w.y kw, appeaJed. VVOJuoj 14 &iyvs Alicing served vii i heN('q , " 1, ul I m i� Pmea to appeaL Thu omwr my w Wn 14 dqs ahm- having Rem sorved wiH, ml is WAK lo AmpO4 sund n INcitice of Appo'nu I')'W re, isnerod to "'he Clek ofTha1`AqafSaK1jWuY My 14H Wir, 15 Makes Qum, Mnm Bmismick. 1121. 41J. potenni ponaRy rur nommuNhume %vithin NPOCIRM dluen SabsecAn 136JI) of to Lamy 1crslaics Wal a permn n10 ISIN hi enmMy kvil:IN dic Imns of" m Notw', mam 0,x-nply given tonder ammi on 132 or mc sid Ac n amurnk an oRbive W is paimsNable under Pot 2 or �tw, Acr a's 'I calc-g'ory E, WhVV an Mwe andel 13,1'1 AW ulorc orjc�' i"fil��y' t1te Inlinin"o-ori Hric nhurinarn f-liu! 8<1 hy ,ks for a (ii&",ory MOW ty lie number cmf days offiomw, m0imax; purstmal (WO, DMMA&vCWWIi'I(,-, ck kmolitji:po, wos les (..�&('iris Q1, autre"i koals sus [es lieux sernni WpoW corpnic dons IC 1:"Vtjt de paw In KUMAI du pily K Ins MCMIMS CMnVoiv("s rck.11iverwn"� A lo Muhl& dw Wriar a la ANYMn do WE C1 MAW Ams sw [us lAx no minpmrinum pas Jo rowgag" I mWe on 611a des lieux" des wrroirrs n' i,, hic"115 jlcr"',arincls ou lcra'�C 8ki"A C MC,,%kJA"C, C('11-reelive danx 10 W dc oank6ler ov de QW, (f 6 bin" le Memoncrit., do rilo4li!)U'r le niii(k do no Ic dMasonant dl'd l n poBjqj,jmj jejus ur Anyhommun! (mi: I= rwrk de AnSwoomea, Dam A wquflle 141 ou les rneswre(10i'vent 4""^tre prise, -. a) IA dOmAkin du MAW el le neHoyage cles lieux dniveni %; cornydWk on A WWM.- ICS P1011IN W AMMEIC tir IICrIni5 11OUm® ICS I I lesu I V's d t,,, i raf, i t 1,n s „ t I i n i V i I Owc sommises, dons lot 30 lours qui Avent 1a synbcM de I IQ do smAm4d, b) hes r6panahnns AW aux inewas duivem sku MM"AWS dWN jes 120jMMS Clyr SMATni, la, Sign i 11'calicm de 1avis dic coiri((�)rnl itc. DOW A Isiquelle 14,111 Vmppe"I de Vklvis pell I C'tre 416,pf)0� Dzins ks 14 Rmm qui Mew 5 nmAkohm de kow,,,� dc Coldbri-nod, Pracessus d'appol ; La pwMH6M&o pum chms ks 1 4 qwN qW movurl la miNcalkin dc lAvin &- 001111)11nk' Cmvc"ykin a'""k," d'qrip'el p"'Ir cou�rriQr rm. 11'('MUU1;11Ah 6 la gruf%ru cuimirmak! dc la naan'Jcip'o]kam The (""*i1Y Of S'niia dc Mel de Ale, N' 6,tngc,, 15 %1-11-kar-r "qu,"lix" sainq; F".2L -ILL 1'6mAW, pcosWAe prior immneuNriviki Molt Mai prwrHo ; U porograpim L3lm, 1) do In 104 aw N pr6"mit Ch"icoh(PIC, ijinp'j, dc conlininur OUN OX . MMWC,S AnnJUMUS KS 1011 WS &,` MMMM nW;'1x" Plura wri'lles dc I'Jrticic 132, rlv ladiw A cormul mantle infWam kin tph csi junkmaMe on mu do hi pme 2 do iz.i L ,4 drlm pr�Ipe -hiles ,l tihv (F�'r14"-ravJI-po d(". la To nt CM F, I MnqWtioe inkedion para ix xii para gr I pmumot powam piuq crune jounme, ranwndc wink'n"110 "Illi al' 11111NS('x„r vsI'mnenck Mnude rw%e Imr A Ad our hj prmAhm%,, ivrx I'VIL1111 1.1111le WMA de !a cluse F WhIgHe par Ic rica%cjt� jows PDXISM FhAAMM so pmwsuit s,,,dd Ncj,(Jceti ihe crianKp1hy am, couschc rwouves of lkal, 4�ux,up�,or lo be c1c."illed up r1l. pep'n'dirc"(1, (-' �,.lkts'c lle l,)vRdipg or o0cr gnKIMC Of 11M owner or r,wcupier to Iv topairod c,),r t.fun,aArOow 1, 1,;atr[ffcr, I 37C,3) of the bit,fd Goverwaywv A4°; sl',rWs I& TO COW Df can-yin01.11 SUCh M, HCWddg any amodawd chggc or fie, is rarguable to the owner ar (xcupkr and MOM= a LhOt M W OW Wal Dal ed al S,airoa John the 41 d ny of lu nq 2018 '111e, C)ty ("If s4litri Signaiure of Ntubeipal Mlocr! Motflicippal, Offleer"s inforwatioll Nasrle: Racliel IvVarl, I-] V MANgaddvw (ircovCh and f,","oninuidly Avuloprnunt SwAces Ile My of SM, JoNt 15 MuMl. Squm.,-- Cw' ad 1fiill Bw Id jrvy-xl, I 1`1wor` P'', 0, 110 % 1 911 SaM John, New I3mnpkQj,, U21 &I Idelfwac (5MY 65,6291 1 "renopier: (506) 612-61911 sed of Munk"amy Now All h� hva-mqAul WHIN A Te olNrn ing nal Ow I aq.- rVi-11. oc 111Q Oac Oo," ar`Ya.w,';x.r Ilea obhl.,vcor le wil'h thic Ir".4two, , 04" rTIP6u.W 3 Costs 11MOR"V A de`v Maw al c MMA"W" and ROY he 110L in IWO 132 de Ishtc Ivi a, pe lu pr,QlAubu vu, rre, -,;c confornw' pas 6, cet a0i de covibroAd Andu ddoi impuni et 10 WCH wl r6p&,,� a,m tel qsCil est c(")III-Irlilk ou par, o'n di'l conscil oul par III'l jup�,e cm kx',t1,u k', Bre mWINic 1370) do UK IN, la munk0ndiAl pow Rix nmuWm, ou rdparer to I icux de cx pivpMaire oti du ue� occul'I'u'l oil oll dc r&Pw,V,1 (Y'l lu b6donerts ou da ce re ov� dc' U'�[ OUUp aril. el, les CoMs ) =mp, y compis inute rudevance ou tow dmij K.t0h.K&,'XC, 'MA)l lklis A In chmpe du pnWhMake M! do I `ciucuparo el devivi,ittem urie uir&uice d10 jpIvernernur local Fait 1 SOM John le _jui& 2M 8, :1,17w City (")fs"t'ini John signourc du b rufaMMUM0 Manvpmc,' de to repbsenlaide miuMcipalle . Norn � Pada" l"Vol) wart,, IS A d resseI"um I a le" Senice de In 00"ahcu ut At UkvuWppwI-IvnP, (',�ol,rl n 1:1 u I'val re The My of SAnKlYM, [5 Saint Mai (Wiveau-13nuiswick) E21. 4 1, 1, (506058-2011 1116onpiour; (506) 632-61919 scv',r u (IV la n -I u 11 ic i p i"I h I � Norvr ju!rni�, 01, C:r Roulc tykWhIl 1-106HC114! dK)ii K,,'k-V 11: k" j-,'JUrv.,0 00 11"'.J010,1010 p,,os 1 n, 0, la llivm(; enu G 'nv[s 14r� I'll 3, ON Mu dukoreni ure rKne unowsda monbKOH6 ei peivoji . .... . ... . Motflicippal, Offleer"s inforwatioll Nasrle: Racliel IvVarl, I-] V MANgaddvw (ircovCh and f,","oninuidly Avuloprnunt SwAces Ile My of SM, JoNt 15 MuMl. Squm.,-- Cw' ad 1fiill Bw Id jrvy-xl, I 1`1wor` P'', 0, 110 % 1 911 SaM John, New I3mnpkQj,, U21 &I Idelfwac (5MY 65,6291 1 "renopier: (506) 612-61911 sed of Munk"amy Now All h� hva-mqAul WHIN A Te olNrn ing nal Ow I aq.- rVi-11. oc 111Q Oac Oo," ar`Ya.w,';x.r Ilea obhl.,vcor le wil'h thic Ir".4two, , 04" rTIP6u.W 3 Costs 11MOR"V A de`v Maw al c MMA"W" and ROY he 110L in IWO 132 de Ishtc Ivi a, pe lu pr,QlAubu vu, rre, -,;c confornw' pas 6, cet a0i de covibroAd Andu ddoi impuni et 10 WCH wl r6p&,,� a,m tel qsCil est c(")III-Irlilk ou par, o'n di'l conscil oul par III'l jup�,e cm kx',t1,u k', Bre mWINic 1370) do UK IN, la munk0ndiAl pow Rix nmuWm, ou rdparer to I icux de cx pivpMaire oti du ue� occul'I'u'l oil oll dc r&Pw,V,1 (Y'l lu b6donerts ou da ce re ov� dc' U'�[ OUUp aril. el, les CoMs ) =mp, y compis inute rudevance ou tow dmij K.t0h.K&,'XC, 'MA)l lklis A In chmpe du pnWhMake M! do I `ciucuparo el devivi,ittem urie uir&uice d10 jpIvernernur local Fait 1 SOM John le _jui& 2M 8, :1,17w City (")fs"t'ini John signourc du b rufaMMUM0 Manvpmc,' de to repbsenlaide miuMcipalle . Norn � Pada" l"Vol) wart,, IS A d resseI"um I a le" Senice de In 00"ahcu ut At UkvuWppwI-IvnP, (',�ol,rl n 1:1 u I'val re The My of SAnKlYM, [5 Saint Mai (Wiveau-13nuiswick) E21. 4 1, 1, (506058-2011 1116onpiour; (506) 632-61919 scv',r u (IV la n -I u 11 ic i p i"I h I � Norvr ju!rni�, 01, C:r Roulc tykWhIl 1-106HC114! dK)ii K,,'k-V 11: k" j-,'JUrv.,0 00 11"'.J010,1010 p,,os 1 n, 0, la llivm(; enu G 'nv[s 14r� I'll 3, ON Mu dukoreni ure rKne unowsda monbKOH6 ei peivoji V1,14 L U $4 1 V I % ',Jama al 'manit Jotivn, 100-IR2 Winslow Street 4 J �,, sain't John% New, Bruriswick L4 111101 316135115 213-L, firspection Dow,: May 24 ,2018 Inspedion Chinducted lair; 14achel Vain Wsurt, 11011aiductlarn ttispections ofthe 1noperty at 100- 102 VVillslow Strect. P 11,14, 363 51,51 have, re've,'aled that there, arfo, rwo [)oadhgs on d -le P:r'�nlisc, (the "BuNIngf), a ftvo, wift, Wood, Domed buddhg (the "Buildbig") zaml a sin gle-storcy, mrood fkarnzd she (to WWI, stail, first becan-w aware or the jprqrert,y,°',s vai.ajl(-,y in FOx uary 20 1and heg,,,m standar-d errtbrQunient proccdurcs, 'The pl'of)crly is 10CMAn the Cityl 'WeM Ide in a two tmil I-Cidcnlial Zone, The RAN, re a U) [Ile saf61of (he pubdic by rmson of being vlieatll, lly rensc,,)n of di kpidmion now], by lvason of' L121"Soundriuss (A' qtn1Cn-rra1 strengt[,j D is o"Issi oil, T'he DLiddi"In's are not in Comysphiance widi the Stint d6hn "I'vernises Unfl) RuiWings and Structurey 11tY--1z1nv, l3y-law Nioiiber M-30, there,�X) (tfic�- 13Y-f;,nw'), UnAght4-Arendse Candhion-s, 3,31(l) (YF" UIC L("4--fd No, Ixason s penr"I plelaises (Mmud or mWed by bin, or her to he unci ghtlyby it to renr;,tin on any part ofsuQh, (o) tarry asbes, Junk,, or refusc; 0) afar accu I'll u L"Iti (Al CIT W004] ShAVings, paper, sawdust cm Wher reldue ()f Production or, onins4ruefion"; at defiet vC'hJ1L11c,, c(Plif)"1101t, 111adinay im the body of any pan af a, or rm.-whil"lery, or (d) a dilapld�aled building, 11wre I an acemmuladon of junk, mbbiA, and mfius)e on the pl"'("verty- T[Ieu, items includ, Elul :we M hinitod to; -kyno'do-I boards, tl,',ic nietzd finune ()f' a,11 unknomm SWUM, as amniblAig brick fire pi, as Wink ond various wher loose gwtagm Ile abreiveM&W amurnulatk)n or junk, MAN and rcRme is 0,11"sightly., 2. '11W NO% is dilapidated.Taw� io�ejl�s%'foo, twftbeung dc'n S11int0e siding, with peeling paint, hi addWon, paint is peeling fi:x�)rn that: surf'acc �W the thm swuuml, dic windows and douls, Aw arld -,offilt (irl thie left skic of the HudIng is detetiorated and 1-4-4filig with holes. At the rear of the Buoding, the downspout is loose arid, held by on Trace. 'Fhere i� it PVC pipe 0r�)aring fro,al the rear of Lliv, BLI,ikhng and IVARg on."he v00f Of the SIMI. Alie Hi,,iilding's lbundafion baq shiflc(l,k�jg1lific,*1mly causirq,,'; the Bud("Jing to Shill rcmicririg-, i4 ShTIMUMHy umsotind, 8valging can be seen on the exterior of dw swHmng in a numbet- of kxzidons near the '-R) m,i ndal bit The crararwe to the s4airc,;vse io the 01'ey , accessible at the rear a r the mum, is Agimcm, sec-orl d ��� M, , I i y s , (,) ri ,villa ti,) e d(x,n- Fnairw nx,)kcd, a flours slupcxi arm. �rjn approx1i'll'ate Y) 410grc'C anglo, otlu, uuuv" ixntt is pvc.,jjjjg� 1, [w ball"I 1)f it Wall Pamel (In We HIS side WH is unsoc,umxi at the boWnn, allo,"Ong III(hcd's cr,Nltlents to spH mit. at)pear [,ube� bi irromdtig in at crcv,,t�sc hd0m"he OaMcc h) time SOW Hoot whwv rot 6 appuviji, A The wooden Wee spanning ih,,. le�fl sitit: 1�o Ilnav 171NAr° Of the Building i' dflapidate] Nv,,i1,It 1,xcling,luatrrnt Sems of the foxe arelarar;rrirr�white other �Wolions havc completely Wen. Vacant 111"'IdUnoccupled, SUN W A 13 1 (Z) of Me Und Qme "wnao,j vj slates: No jm-sK,;kn sha I I POW as building or other slrtxlureoAiried or i,,),cxnApiod by the Person to beccana a hazaKI lo the-sailly, A die PUbhC1 by reason 01", bOng Nvent or Unmoupied, TfIc ffifilding!,s, ziro a hazard to the SaAny"F the public hir "reason of being vapam ur U nOCCU]IJ ej R")f th C lo"wi vig reasoos, ; 1. Buildings in dflapjdatcd Mat rue—known to, be vaca.,nt"can, attract vandalism, arson and chminal WAY. The PnMCOY 00041ni011Edf�,,QVe Clic LjUaWy Of 1& of n cigh, bod ng,laxii miles and rwgMhWy, intpacts prv,)pelty vxjue (4' rval aslate in the area due Wf negative percepions of unsafe El�nd dcleriorating cmdtti= The City of Saint John Fkancoxt (lepatil,rent oonfirrvled 111�1 the w,ttar Ivis� been lorood oft" siricc August 2016, UK John Energy snoinned that thv, power at the Unit It BA) Winslow b,ts been turowd off since Decenaber 2017 and the powur at We seen ned-,00,tey unit at [02 Whislow S[hwt Issas been turnal Ofl," sirice Sej,,ttert:,&er 20 1 (5, 2. There is as higher Wk of a Wo evult, r)Ccllj-litlg Of the jproper(), since It rna-y, be knovart to the pWc that the Buihfing; are, vacant. Thc fl,,u,vikfings ;Irc r'jacent to a sil.-Igle ratnily hatinc Mtl 88 Slow and the ClActon C, n -ling Club r,,j,t 11.5 Rodney Sweet, ir a Rrc c�vc.jv "oer, t,', OcUll" 'Within 11 -re Bufldh-igs; 'it conld Patamially, spre"o"I to Ole rlei ghlIo ring whi0i ooLl,h]zAas fic-1111 C u, qi�,;rjj , , damage to the bVidings, business anxi endanger the Hves of the DOCUPMIW. Thero is a m1twena ffir pet'soltnel satay ill the evont of "a fiir(: (�"r crtuagunry. If Wilghrers si.,,tspeo 014,YC MaY 11C people inside the Buildi:ngvs, it �"Oukl 4) ex�l)eel dicy rnay—be requkmd, to t.laer Ilium "I"ho intedot oondhAn of the Buildings we rwt known to which t,Iose o hamard to their SaWy 0jul +,Id,,Iers Who, rnay In iwiside in tjw twent o ar fi,",re" Tllt�lv Is as zimount Such a4Farniti"I'l-C, aPI,)fizl,l1Ces,,boo,1( Shelves, PI -Nage ati,d wrrietts other lix)se iterns din)upawr.it the 13L.tAdivtjg,. 1"hese o,1,.jjcd.s C4�)Iild hinder the rat"")v evil ell is floors ill the unit 1,11T signific8ntly Aped and Imsc a risk to U11"Yone elftrrlg the ackhti(m, therc is waler (hunage, duoughout die 133fldhig ivhwh has satt,,um,tcd floors, These Runs and Ibe comlition Cif the floors could the movanev or cause in,jury k") C1,,x1vq,.;CnCY Personriel �Iv,),old W gd][I 011[I�y into the BuUhng, Dflapidated and SnvchwaRy Unsound IHtrllding Conditions Slibsecdon 1343) ofth,,- lxx(d Aci staim; No 1° assn shall pemik a buRdiAg m (Ater sttvvtav-at owned oroccupied by The Building's lr'atrrnila lki ,)n has S1,111red. SiLolificantly uw,hsing 1[w Bkfil(jjjjg tC) 1")e strudunflY wound and has causal WHint.,, structural nrCnj,.)ers iri nurnamw lucali(�nls, Bulging C811 'he SO(n on the extenor of the Building in as runi:iber locations near the roun(hafi(�)n. 'HIC fk'xns [In he Building aresJpnifikqi,nttyhj and unevert. In the tirst-s ped trate urift, d"Ic in the kitchen �,'ias hoi"1Vec(, respulling in a lopext niuu,nd 'Mal is appmxialal"O2 foci hi gfi=duan than finished floor levql It is, =6 to enter we sW(:)nd-s,(orcy dua to Ws bektig rnmmded to zi height o,f`,tippn:Pxiniate1y I l maga. The toilet, in thu bathroorill renvains lei.nirg duo to the floor, heaving. Chher seoAons of DoOng Lbrmighivut the BuOdhig are soft and not sdh to walk on dioQ tea w,nuxlundncss ofsauchural suengdi. �2. The sawn d My porch on the 19bl SWC (W dw Boit i1irig 6 wgong wjrrj --troo(uraBy The dcdk boards axe rotten wuod deterioraled iind (,-,ould t1d] under live load cmusin[g perscnval iqitay due to theFall 1!1",rn flh, S(!,,Contf-slo�rey. :3, The emraneo to the staircase to the seqXmLI-stm-eYaacoc�ssihlc at Olic jv�,tr of the NOW9 is signiticanAly chat, ed lVid) Lfic doctr Ranve cruoked W. Bois slaped so an OppwQn,%w,-30 degrcQ 11[lus, rear, access shed is pulling away frona Me Building mWith lVa�lungf [tic nw'drt S[ru,C[Lire, 4, 7rhe 11scia and s,,fljl ,an Ili e 14.41 side cif the 146 Id itig arc deto,ji�nra ted anal r0tittg with holes, A pimc of Win near die as Ant is hanging At 111C [Taf ()1" Ific BuRkhrig, the downqjmt is Kmc and held by onc bnwe, 11LC1-C i'S an ]-'VC� J�IPC C10111rijig fi.(,nn the roar cat` Che it W Id K g an d IVSH FIgOn th e roo f o f th c $b to. 5 The 'into Ji:?.,,r C'A", 111C Bud'dirq? ,, is dilapidated. "Hierc is an aCCUTDIA3111(M OfjUrrk, gadmge, and MY ions throughoW the Budding that 1,11',aRcs d difficult to nasnocuvrc throtigh i6e k is inqwsMbN ui, enler soraie, roonis duL� tothe accon,whation ofitcnls'Ificre are INires, ar4d extVilsical Cor(l.s, rUlMilIg kitchen. 6, There is waterchat agn thavu0iout the jWc,,rior A'flic BOX& TO can be s"m 001 floors, Wafls arld (',eiHngs.�all panehn�., and, dry%vatl air c i,Varping bulging in numemus hicathms flimugHut the 13uilding, in addidan to aacks antpedin, pairn, In 'Me sceond-SMY badIUVOT11 them is a hule hi the cejUng tbar has camse(j to, UL Kere, is imold gruivth 01ruUghout % RuNing 016h posc,,,; aa t gra y. 11,�Izarrl %Vhich is (widera in We svcunc[,s1or,qY IM4 ,,,ind rear I'he Shcd is a liazard 10 1111 safdy of Me ImbUc ly iwwon tial dVipid4,,tti:on Rw the fr61h,,Vin,,,,.-, tc �asen s., 7, The wooden exterior of the Shod is Ivendered nand fadbtl %�ith no to pr(lfuct A NMI RIC CIM1101ts U) pmvwil WrIer ddcriioraficotihe pairit on, [he door is PA19, Ile bWarn cx[` Pt wall jx&ncl (mi the 6ght skk wall is corm ocumd at the btu"10171, OdhoWhig the She& contents u) spol Our. TO:, Shed is f.joll hzms i . nclud.ing, lools, Olenlic',d pi!t,�ai]ucts and gaAmy Anhnds appww U) be hunewiN,; U1 to "amc hdOW MC Cn5mme to Me Sled Poor, NOwm r(A is app.,inzuit, Required Remedial Actio'ns '11c, o%)vttcr one of the two OPHOns suned hck),t�v" 406a 1: Remedy the condtVions of dw BudIng Mir Lata, all and jvtiwdi2d a�horls as fit) Hoiiis! gaka w,aa14 1, 1 [ G ruautrrrrer7101 L'S aft t[a ll?'4acifng Cod (2010) as, Well as all CAN" applicable bylaws. -jitorod orl� a, rou'dile [')asis 2. 111C 1311ildings nu be maialaijwd, kepi: s C,rre, uJ.fs(] r'):1o) WNW the ryperty air 11111000U[Nied. 3 it dow led plan namt be sulmn%d to the Growtll ollcl Cori�lnruniry sura ,iceI)epar(Inent of Lhe Oily of Saki John Ube -Dcput�incn("') fbr review and approyaL TO plaft should, rilsO, 410'0(le as ScfRXIA, fin: tfic work (1),il is to be Carried aut; TO iv#,rutl Rjj(jing In'ust 11"'Ject flies e;ruwud R1,141(1itig, Cr ,"A" of, as wdl as cghcr appI table codes. 4, liu. dela,iled plan, including schedules and ziny ongincering rq�iorts, iuu.slbe approved by The QWriont 00" U) Wminenchip,, repair waek, 5, A buildin,4 rnusl 1,x,- ob[,.,i[ned 601any ,xncl all applicable; work 'prio,r to cwnmvnQAg WW"Airk hum the Chy of Sainj John in ordrCl- t() C(1j"].flY'Wjtlj tfi,c S"rawt 44711, Bmilehng 110W, F�y-h.rN�, Nuttflxr aald aj11'0n(1jnC1W;, th,cretcy (the (5, The, prert;liqe n-lusr i�e clean. -d 01. all Wris Owd on the laupen, induding am-� and ,all, rubb,isl,-� hal may ba wrtAdmut h,azardovas or unsightly. '10 dchris fun , I the ImmWe inusi� lie 4,,Iisposucl of—al all apl,-)roVtx,1 �Zofid waste disposal 80"'c" In accord'an,ce, avith all aprdicabic by-laws, aw mid regulations. 1)ocomontcd proof'., that cicariy denlonsuales an appvved solid ivastt,, clisIxisal site was rA61L -. , d 1,tic d4pond of thc� Departinent,, i -11L, t: Gawtl�l whh all apokable By,�hiws, Aiztss, Cudcs and RegWatioms, opwan 2: rurnollion of fhe Bk4i[diiig and exleanup or in dd!iris Ot, tile pj�emj, , y uUMPY091whi all thereawdial actions as 11AY% "me i3xiading mus,it i)e k,,x'llisfied to rcn-wve the hazardl to thc safety of 11,1,e j.)tjjjlj,c by reason and by rmwun of b6ing vamurt or unoca4l"L Z. A dconolith-)n purnit must be obnWed lhW1 0110 (11)' Of SaiT11 Johnin orclur to wrnpty with the Bui1ding 3. The jocnise inust lx,,cdcared cifthe al ;Ids aum Me dtnwhdan mul cc h)t jilList 1). . C mmic reasorlahty level "jul gradSri as to nW acme a t6pong Cir 1WHng bona& ,All rr.,,ust be Wsposed of at an appmved s<Aid wasile clkpo�sal I(, "Itj , i,,,. -, d in 'accordance v�41h A qVIRAW ByAws, Actand Rq;uflatio,ns. ()O,LnitllelrIed Oearly drinxmistrates. an appmwed m�did site wvxs' Itst d For the dkpomd Of d0hh, nvus( he tirovided lo, (he Depar[onent. 4 .11 debris than iS CLVn"cT)1JY (11, 1 lie f1runi ise gnust, be removu(] a -rid dis,130scd of at ail V 'A i)rtnIed solid a�4ibtu &poul With ILII apphic.1111C, By-lwxs, Ads and RcaWadmis, Dgeminentol rnuol 090, uIcKydvmonsl�tawrs an Fv'flid Waste dispos','11 she mms =1 Or the (Usposal Ofidebris., inust be p,irovidecl to the Ekpaamerii� 5. The prDpuny g1mg be in cgcnplianue with all ,1111),fi001:dc 13Yw -I a"+> Acis ;,analReQuAns. Pmpmvd by; Rmiw,vod by and ccaw-urreLl jj�j� h�,Y: Ainy Pot Rltllfth�, 1". F"ng, NIBA Building fusInctor Crrvk'vth,,'.Irvd C"onI]JILMily Dcv(Joj?TIICJ]f,' SCI'ViC,(�S 1 41 COUNCIL REPORT M&C No. 2018-242 Report Date August 13, 2018 Meeting Date August 20, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous building at 363 Highland Road (PID# 49734) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Rachel Van Wart A Poffenroth /J Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that 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 building at 363 Highland Road (PID# 49734), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 363 Highland Road. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 363 Highland Road, PID# 49734, have revealed there is one building on the premise; a two-storey, single family, wood framed house. Staff first became aware of the property's vacancy in April 2014 and began standard enforcement procedures. The property is located in the City's North End in a rural residential zone. The building is a hazard to the safety of the 1801.13 -2 - public by reason of being open, by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. As the building is abandoned, an entry warrant was obtained and executed on July 5, 2018 to inspect interior conditions of the building. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on July 12, 2018 and was posted to the building on July 13, 2018 as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate Regarding Title for the building lists one individual as the registered owner. The Notice provided the owner with 30 days to remedy the conditions at the property. The owner did not take remedial action to comply with the requirements of the Notice. A compliance inspection was conducted on August 13, 2018 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service on the owner via posting. Also included are photographs of the building. The Local Governance Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was sent to the owner via registered mail on July 30, 2018 and posted to the building on July 31, 2018. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is approximated at $10,000-$15,000 and will take about 2-4 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. W916.1 -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownersh Certificate Regarding Title for the property. Office registered the Notice to Comply with Registry. ATTACHMENTS ip verification by obtaining the Additionally, the City Solicitor's Service New Brunswick's Land Notice to Comply and Inspection Report Affidavit of Posting - Notice to Comply Affidavit of Service - Notice of Common Council Hearing Photos Ph to] CANADA PROVINCE OF NEW BRLASWICK COUNTY OF SAINTJOHN IN T14E MATTER OF THE BUILDINGTHAT IS LOCATED AT � -L, ,SAIN'[',IOHN.N.B.(Pil)iitiiiibei- AFFIDAVIT OF SERVICE G, , . of Saint John. N,13, N -lake Oath Atid Say As Follows: 1. 1 am cmplcoyecl by TheCity of'Saint John in its Growth and Community Development Services Department, I have personal knowledge ofthe matters herein deposed cxcept vviiere (,')1herwisc stated, 2. On at approximately I posted as copy ofthe attached Notice off'oninion Council heating Letter, marked Exhibit -A- to the fi-ont door of the building, that is Iocatcd tat 2—ka—AA14-1co, R L , Saini John. N.B. Sworn To before me, it the City of Saint John', N,B,., oil the J7 — day of 2018 RACHEL A VAN WART COMMISSIONER OF OATHS MY COMMISSION EXPIRES 211 DECEMBER 31s. 2022 July 30, 2018 Permitting & Inspection / Service des inspections et de I'application By -Law Enforcement / Service 'Application des Arrk& lute cipaux Phone /Ta: (506) 658-2911 Fax / T61 c; (506) 632-6199 Case Number., 14-0129 VIA RE, GISTERED MAIL Sharon Robertson 363 Highland Rd "paint John, N B E2 K 11'3 Dear Sir/Madam: NOTICE OF COMMON COUNCIL HEARING Re: Property located at 363 Highland Rd, PID 4 00049734 Dangerous and, Vacant Building Program On July 12., 2018, a Notice to Comply was issued for th required remedial action to bring the building and premises Unsighl, Premises and Dangerozis Buikfings, andSIructures posted to the building on July 13, 2018. e above mentioned property which into compliance with the 5oini John AY-hiw. The Notice tic) Comply was The fourteen (14) day appeal period has now expired. Therefore, a compliance inspection will be conducted on August 13, 2018. If the property is not in compliance with the aforesaid By-law at the time of the inspection, City StalTwill be attending the Common Council meeting scheduled on August 20, 2018 at 6:00 p.m. to recommend that the, building be demolished. Please be advised that at this meeting, you will have the opportunity to present evidence to the contrary. If you have any questions, please do not hesitate to contact me at (506) 658-2911, Regards, Rachel Van Wart, EIT Technical Services Officer P.C. Box 1971 CA 19'71 Saint I ray hd f Saint John, NA. Canada Canada EA 41 wwwsaintjohn.ca 212 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN SAINT JOHN, N.B,, (PID number AFFIDAVIT OF SERVICE ........ ., of Saint John, N,B., Make Oath And Say As Follows: . ..... . . 1. 1 am employed by The City of Saint John in its Growth and Community Development Services Department, I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On C" " 'z��t at appTOXiMately el i .......... — .......... . ......... I posted a J f copy of the attached Notice to Comply, marked Exhibit "A", and Notice of Appeal, marked Exhibit "B" to the front door of the building that is located at Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the 1041' day of 2018 w» aEL A VAN WART COMMISSIONER OF OATHS My COMMISSION EXPIRES DECEMBER 31s', 2�022 213 FORM I omfussioner of' 08ths FORMULE I NOTICE TO COMPLY N"IS DE CONFORMITt (Alunicipalifles Act, R.S.N.B. 1973, (Lei sur lesmitnicipalitis, L.R.N.-B., de 1973, c.M-22,s.190.01(3)) ch. M-22, par. 190.01(3)) Parcel Identifier. 49734 N umkro d'identification de, Ilan parcelle : 49734 Address: 363 Highland Road, Saint John, New Brunswick Owner(s) or Occupier(s): 1'amae: ccupier(s).- Name: Robertson, Sharon Adresse, -. 363, cheinin Highland', Saint John, Nouveau -Brunswick Propridtaire(s) on occupant(s) : Nom .- Robertson, Sharon Address; 363 Highland Road, Saint Joint, New Adresse: 363, chemin Highland, Saint John, Brunswick, E21C 113 1'"' ouveau-13runswick, E2K IP3 Municipality issuing notice: City of Saint John By-law contravened: Saim John Uns(ghlly Preonises and Dangerous Btdldin,,v and Stnictures By- law Number M-30,, and amendments thereto (the "By- law"). Municipalit6 signifiant I'avis City of Saint John Arr&k enfreint : ArrJ&;re.1a1,Y­aux fie .n inesthliques et aux bii0pnents et constructions danATreux de Saint John, Arrdtd: num6ro M-30, ainsi clue ses modifications ci-aff6rentes (l' <e Arr&e >>). Pro,vision(s) contravened: Subsections 6(l), 6(' 1 2) and Dispositiou(s) enfreinte(s) : Les paragraphes 6(l), 6(3) of the By-law. 6(2) et paragraphe 6(3) de I'Arr&6. The Land Regisuy Forins Regnilation - Allunicilwilifies Act, New Brunswick Regulation 2007-22, which prescribes that a Notice to Comply shall ix in Form 1, remains valid and continues to be in force pursuant to section 196 of the Loce'd Governance Act, Description of condition(s): The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise, The building has become a hazard to tile safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason ot'dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A", a true copy of tile inspection report dated July 12, 2018 prepared by Rachel Van Wart, EIT, By- law Enforcement Officer, reviewed and concurred in by Arny Poffenroth, P. Eng,, By-law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the, aforesaid By-law. In the event that the owner does not remedy the condition of' the building and premises in the tirne prescribed by this Notice to Cornply, the building may be demolished as tile corrective action to address the hazard to the safety of the public and the premises may be cleaned up. Le Reglenlent sur lesfi)rnudes tht reg, istre eie bien- Jirndv — Loi sur les niunicipalities, lglernent 2007-22 du Nouveau- Brij nswic k, qui prescrit qu'un avis de conforniit6. doit 6tre 6tabli selon la formale 1, derneure valide et reste en vigueur en volu de Particle 196 de la Loi sur la you loeale. Description de la (des) condition(s) : Les lieux sant inesthdtiques en permettant la pr6sence de ferrail,le, de d6tritus et le bAtiment d6labr6, Le, b5firnent est devenu dangereuse pour la s6curit6 du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la s6curit6 du public du fait de son Ulabrement et du fail de manque de solidit6, Les conditions du biltiment et des lieux cont d6crites A l'annexe o A >>, une copie confornie du rapport d'inSpectiOn en date du 13 juillet 2018 et pr par par Rachel Van Wart, IS, une agente charge: de 1'ex6clution des arrd16s municipaux, revise et en d'accorde avec par Amy Poffenroth, ing., une agente charge de l"ex6cution des arr&s municipaux. Mesure(s) s prendre : La proprietaire dolt restaurer les conditions en se conformant aux recommandations du rapport d'inspection susinentionne' et d'amener le bdtiment et les lieux en conforinit6s avec I'Aritte, Dans 1'4ventuafit6 clue la proprio wire ne reirt6dient pas le bAtiment et les lieux dans le temps prescrit par le pr em avis de conformit6, le bAtiment pourront dire demolis cornme niesure corrective conipte tenu qu'il repr6sente Lm danger pour la s6curit6 du public et les lieux pourront titre nettoy6s. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the canny -out clean- up, site rehabilitation, restoration of land, premises or personal property or other, remedial action in order to control or reduce, eliminate the release, alter the inartner of release or the release of any contarninant into or upon the environment or any part cif the environnient. Date by which the remedy or remedies must occur: I a) Tile demolition of the building, dean -up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be Submitted: within 30 days ofbeing scii�,ed with the Notice to Cornply. b) The repair related reiriedies must be complete within 120 days of being sei-vedwith the Notice to Comply, Date by which notice may be appealed: Within 14 days, of being served with the Notice to Comply. Process to appeal: The owner may within 1'.4 (lays after having been sea-ved with this Notice to Coniply, send a Notice of Appeal by registered, mail to the Common Clerk of The City of Saint John, City Hall — 8"' Floor, 15 Market Square, Saint John, New Brunswick, E2,L 41 1. Potential penalty for non-compliance within specified time:2 Subsection I 1 (1) of the By-liw states that a, person, who fails to comply with the terms of a Notice to Comply given under subsection 7 of the said By-law, commits all offence that is punishable under Part 2 of the Provincial OflZmce.v Proceditre Act as a category F offence, Where an offence tinder subsection I I (I) continues for more than one day, the minimum fine that nlay be imposed is the minimum fine set by the Provincial Qffimces Procedure Act for a category F offence multiplied by the number of days during which tile offence continues pursuant to subparagraph 11 (3 )(b)(i). Municipality's authority to undertake repairs or rcmedy:3 Paragraphs 12(l)(a), 12(l)(b) and 12(l)(c) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under- section 7 within the time set out in the said Notice, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to Les MCSUres correctives susnientionnees relativerrient 6 la d6triolition du bAtirnent et ]a disposition des d6bris et autres items sur les lieux lie corripremient pas le nettoyage, ]a remise en 6tat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou de r6duire, d'61inimer le d6versement, de modifier le rnode de d6versernent on le d6verseillent dun polluant dans ou sur 1'environnement on toute pantie de 1environnerrient. Date it laquelle In on les mesures doivent itirt prisesi ' a) La demolition du hatinient et letiettoyage des lieu x doivent titre compl6t&s, on 4 laquelle les plans et demande de permis pour les lilesures des r6parations, doivent Etre sounlises, dans les 30 jours qui suivent la signification de 1'avis de confornift6. b) Les r6parations rehees aux inesures doivent Etre c!ojnp]61&cs dans les 120 j ours, q ui suivent la signification de favi s de conforunit6, Date A laquelle un appel de VaVis peut We dkpos6:� Daris les 14jours qui suivent [a notification de J'avis de confonriit6. Processus d'appel : La propri6taire peux dares les 14 jours qui suivent la notification de l'avis de conformit:6, enVOY6 Lin avis d'appel par courrier recomirland6 is la greffi6re communale de ]a municipalit6, a The City of Saint John,, tdifice de 11i6tel de ville, 8' 6tage, 15 Market Square, Saint Johil, Nouveau -Brunswick, E21,4U. HnalW possible pour non-conformW, dons le d6lai prescrit2 . Le paragraphe 11(1) de I' Arra pr6voit quiconque ornet de se conformer aux exigences formul6es dans un avis de conforniit6 notifi6 aux ternies tie I'allicle 7 de ladite Arr6t6, cornmet une infraction qui, est punissable en vertu de [a pantie, 2 de la Lt?i sur la 17roc&hire api,71icable anx inti -actions provinciales a titre d'infraction de ]a Glasse F. LorsqU'UnC infraction pr6vue au paragraphe I 1 (1) se poursuit pendant plus d'une jouni6e, I'ainende minirruile qui pout dtrc inipos6e est l'arrieride mininiale pr6vue par la Loi sur la procedtirc- opl.dicable Mix i10-fictio"'S' Provineiales pour une infriaction de ]a Glasse F multipli6c par le nombre de jours pendant lesquels 1"hillraction se potirsuit conforni6nient A lalin6a 11( ')b)i). Pou!voir de In municipalitk, Wentreprendre les reparations on de prendre les rnesures,i � Conforin6ment aux alin6as 12(l)a), 12(1)b) et 12(1)c) de 1'Arr6t6, si Lin avis de conformit6 a 06 signifi6 aux terines de [*article 7 de ladite loi et, Clue le propri6taire Ott I'Occupant ne se conforme pas i cet avis de conforniite dans le Mai imparti et tel qWil est repute confirjnt oil tel qu'il est confirniy ou modifi6 Dar un Dated at Saint John the day of July, 2018 Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer"s Contact information Name: Rachel Van Wart, EIT Mailing address: Growth and Conimunity Development Services The City of SaintJohn 15 Market Square City Hall Bui Iding, 10"' Floor P. 0. Box 1971 Saint John, New Brunswick EEL 4L I Telephone: (506) 658-2911 Telecopier: (506) 632-6199 Email: racheLvanwart, a saintiolarr.e, Sea] of municipality Notes. I. All appropriate permits niust be obtained kind all, relevant legislation must be coniphed with in the course of carrying (,„rut; the required remedial action. 2. Payment of the fine, does not alleviate the obligation to cornply with the by-law, standard or notice to coinply. 3. Costs bea�)mc a debt due to (tic municipality and nasty be added to the joint niunicipal and PTOVincial Real Property Asseswiient and Tax Notice. Cct Occupant, ell les cofits aff&ents A 1ex6cution des ouvrages, y cornpris toute redevance ou tout droit connexe, sant inis A la charge du prepri6taire ou tic 1'occupant et devientient une crt5ance de la municipalitE Fait A Saint John le — juillet, 2018. Municipalit.6 :"The City of Saint John Signature de la repr6sentante municipale, Coordonn�cs de la reprksentante municipale : Noni " Rachel Van Wart, IS Adresse postale: Service de la Croissance et du 1)6eloppenient Communautaire The City of Saint John 15 Market Square Edifice de I'lit5tel de vil le, I Oe 6tale Case postale 1971 Saint John ("Nouveau -Brunswick) E21, 4L I T616phone : (506)658-2911 T616copieur: (506) 632-6199 Courriel: rachel,%ranwsa,intiohn.ca Sceau de kii niunicipalit6 Notes - 1, Tous les perniis prescrits doiven!t erre obtenus et ioute la 169islaliOn Pfffinente doit etre respect&, pcndant Vex&ution de la Piesurc de recours. I Le paierneni de l'aniende Waflflt,& pas l'obfigation de respecter 1'arrft�. 13 nornie on l'avis de confortnit6, 3, Les eoOts devienneni une deste envers la inunicipafit6 et peovelit etre aioWs a 1'avis d'dvaluation et d'inipeo t':)ncier Invinicipal el, provincial. 3cflCUU1C -A,- 363 Highland Road Saint John, New Brunswick PID# 497.34 Inspection Date: July 51 2018 Inspection Conducted by: Rachel Van Wart, ",IT` Introduction Dated at Saint John, this L -L" day of �LIAZ;;4 1, - *ta=dards iPfhcur Inspections of the property at 363 Highland Road, PlD# 49734, have revealed that there is one building on the premise; a two-storey, single family, wood framed house (the "Building"), Staff first became aware of the property's vacancy in April 2014 and began standard enforcement procedures, The property is located in the City's North End in a rural residential zone. The Building is a hazard to the safety of the public by reason of being, open, by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength, Discussion The Building is not in compliance with the Saint John Unsight4y Premises and Dangerous Buildings and Structures AV-1aw, By-law Number M-30, and amendments thereto (the "By-law". Unsightly Premise Conditions MMMM No person shall permit premises owned of occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building, 1 � There is an accumulation of junk, rubbish, and refuse on the property, These items include, but are not limited to; a compost bin full of material, tires, barbeque, plastic lawn furniture and decorations, a crumbling concrete block fire pit, rusted wheelbarrow, wooden shelf, wooden fencing, a collapsed metal shed, plastic bins, discarded carpet, wooden boards and various other bagged and loose garbage. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. The Building is dilapidated, The vinyl siding on the exterior of the Building is deteriorated with mildew and algae growth. The rear extension has wooden shingle siding, with faded and peeling paint, Roof shingles are falling off the Building in various locations. The fascia is rotting in the locations where shingles are missing. A section of plywood wall which encloses the space beneath the front porch has fallen in. The front deck is sloped and is pulling away from the Building. The rear entrance decking is deteriorated and missing boards. The rear eaves trough has detached from the Building and rests partially on the roof of the rear extension. The, rear extension is pulling away from the Building with a gap A Subsection 6(2) of the By-law states: No person shall permit a building or other structure owned or occupied by the Person to become a hazard to the safety of the public by reason of being vacant or unoccupied, The Building is a hazard to time safety of the public by reason of being Vacant or unoccupied for the following reasons: 1® The Building has been left unsecure and abandoned'. Attempts were made to contact the property owner by registered mail and process server, however all attempts were unsuccessful, resulting in an entry warrant application to assess interior conditions of the Building, The rear door was secure; however, the front door and basement door were unlocked, and accessible!. Buildings in a dilapidated condition that are known to be vacant and left open can attract vandalism, arson and criminal activity. The condition of the property affects the quality of life of neighboring properties and negatively impacts property value of real estate in the area due to negative perceptions of unsafe and deteriorating conditions. To add to, the longevity of the vacancy,Saint John Energy confirmed that the power has Preen disconnected since September 2012, 1 There is a higher risk of a fire event occurring at the property since it may be known to the public that the Building is vacant. The Building is located near the end of the long and narrow Highland Road, which is adjacent to the "old North End" neighborhood, The Building does not meet current set back distance requirements and as such is positioned very close to the road. The location of the Building on the lot could be hazardous to vehicles, pedestrians and neighbors in the event of a fire. 1 There is a concern for emergency personnel safety in the event of a fire or emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The interior condition of the Building is not known to firefighters which pose a hazard to their safety and others who, may be inside in the event of a fire. There is significant damage to the ceilings in many locations of the Building which would be further compromised by a fire. There is limited head space on the second storey due to the sloped shape of the ceilings. There are many large items and garbage in the basement, These conditions could restrict the movement or cause injury to emergency personnel should they need to gain entry into the Building, Dilapidated Building Conditions Subsection 6(3) of the By -taw states No Person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: 1. Exterior Conditions: The front deck is dilapidated and unsound, It is missing deck boards and could fail under live load. A section of plywood wall which encloses the space beneath the e.. .11A.Vul luturz, ailu icNti parnany on ttic t�_.� roof of the rear extension. Should , eaves trough fall and completely detach from the Building, it could do harm, to those entering the property or neighbouring property owners. The dilapidated, collapsed metal shed at the rear of the Building could cause personal injury to those entering the property due to the jagged metal of the structure. 2. Interior Conditions-, The single storey extension at the rear of the Building is dilapidated, It is pulling away fr(,.)ra the Building causing the interior floors to slope sign i ficantly. 'There are gaps and holes where the extension connects to the main Building, through which the outside is visible. There is water damage along this connection and along, the ceiling. There are holes in the ceiling of the extension. Insulation has fallen and is hanging, from these holes. There is black mold growth on the ceiling causing a respiratory hazard. The front porch of the Building is dilapidated and unsound. The floor has extensive green algae, mold growth and water damage resulting in soft flooring which could fail under live load. The ceiling is water damaged and sagging with two locations where material is hanging and protruding from the ceiling. The ceiling is also rotten, green due to algae growth and mouldy. There is a bole in the ceiling at the entrance of the main floor bathroom, Mouldy and water damaged drywall and debris covers the floor beneath this bole. The exposed wooden ceiling appears water damaged and rotten. The Door around the toilet is discoloured due to water damage. The paint on the wall of the staircase is peeling and mouldy. The room, to the right of the stairs on the second storey has a bole in the right interior comer of the ceiling. There is a heap of ceiling drywall and insulation on the floor below the hole in the ceiling. The area is water damaged and has extensive mold growth. The wall of the adjacent room is also damaged. There is mold growth as well as water damage and rot and the base of the wall. Water damage and mould growth pose respiratory and safety hazards to anyone entering the Building, Structurally Unsound Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, The Building is a hazard to the safety of the public by reason of unsoundness of structural strength for the following reasons-, 1. The front deck and rear decking platform of the Building are structurally unsound. The front deck is pulling away from the Building and is sloped. Deck boards are missing in several locations. The deck leads to the front entrance which is two storeys above grade. If sorneone were to fall through or off the deck they would be severely injured, The rear entrance decking is also structurally unsound. The wood is rotting and deteriorated. The two steps 114"L "W"lUZ jJ1LK1UU1jLg irorn me noies, the ceiling is warped and sagging. The floors of the porch are soft due to water damage and are heavily covered in mold, 3. The single storey rear extension is pulling away from the Building. There is a blue tarp on the exterior rear base of the extension. There is a metal eaves trough resting on the roof of the extension. The roof is sagging. The outside is clearly visible from inside the Building when looking at the connection of the extension to the Building. The floors are significantly sloped. The ceiling of the extension has a hole at the interior entrance as well as at the rear comer of the ceiling. Insulation, drywall and other material are protruding through the holes. There is mold growth along the ceiling and, water damage, The rear extension is structurally unsound. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: I- The Building must be must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Code of Canada (201q) as well as all other applicable by-laws. I The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint Johan the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code ref Canada (2010) as well as other applicable codes, 4. The detailed plan, including schedules, and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John BuildingBv-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building B)-Iaiv") . 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris fiom the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations, Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows. 1, The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied, 2, A demolition Permit must be obtained from the City of Saint John in order to "'FF'"6 1,11 W1114% UuziarU, All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations. Documented proof, that clearly der nonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 41, All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations, Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. WMM=. 12- L ache ��Date I Technical Services Officer Growth and Community Development Services Reviewed by and concurred in bye N" Amy Po Eri MBA Building Inspector Deputy Commissioner ......... --------- ICIPWIMSsex, K.S.N.B. `71, L(Laaur-ks municipalitis, L.R.N.-B. de 1973, c.M-22,S-190-021(1)) cofn"f6luionw of Oaths ch. M-22, par. 190.021(1)) Appellant(s), swim UMMIREKSAMMEEM Parcel Identifier: PID # MWIMM Owner(s) or Occupier(s). Name: Address: Name: Address Telephone: M�r-� - et - THE CITY OF SAINT JOHN, Intim6e. Numdro d'identification de ]a p,arcelle : # NII Adresse de la parcelle : Proprie'taire(s) ou occupant(s) Nom Adresse Te'lohone: Norn: Adresse T616phone: that has been given under section 1 0,011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearsy but briefty): I 201 , M�x 'y Ow"L �11VA1%,va Ualla Pavis qui a dt6 notit'16 aux termes de Particle 190.011 de: la Loi sur les municipalit6s et fait appel au Comite' d'appel des prqpri&s intL`riezirav aux norines de Saint John. Les motifs d'appel de I'appelant(s) dans le pr sent appel scant les suivants (C."noncer les tnotifiy de jaqon claire et Concise) : the _ day of Fait Signature of owner or occupier The appellant(s) intends to proceed in the English or French language (Plewse check- the appropriate box). Please f6rKard'your Notice of Appeal by registered mail to the clerk of The City qfSaint John ",,ithin fourteen (14) days afier having been given, the notice at thefiollowing address: Common Clerk's Office 15 Market Square, City Hall Building, 8d' Floor P. 0. Box 1971 Saint John, New Brunswick E2L 411 ISM mm Signature du propri6taire ou l'oecupant L'appelant(s) a (ont) Pintention dutiliser la langue frau ajs ou anglais (Veuillez cocher la case approprNe). Veuillez faire parvenir volre Avis d "appel par co urrier recommandu secr&aire de The City of Saint John dans les quatorze (14) fours qui sui vent la notification de Vavis 6 Vadresse suhPante : Bureau du greffier communal 15 Mar et Square, tdifice de Ph6tel de ville, 8'6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4LI T06phone: 506-658-2862 T616copieur: 506-674-4214 Notes: Notes : may be represented by counsel, 3, On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice, 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the, owner(s) or occupier(s) of the premises, building or structure who brought the appeal within Jour teen (14) dt�vs after making its decision, 5. The owner(s) or occupiet(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable, VLA 1 %Jv%�uJJa11LkzV 4UJ JJItUIfUUt;kIIL) Upp�el a (ont) le droit detre entendu(s) et peut(vent) se faire repr6senter par un avocat, 3. Lors dura appel, le (,,otnite d"appel des proprieMs ire, e'rieures azvc roar es de Saint J6hn peat confirmer, modifier ou armuler I'avis, ou proroger le d6lai pour s'y conformer. 4. Le ComiM Xappel des pr qpri&aas inf&ieures aux normes de Saint John dolt fournir une copie de sa d6cision au(x) propri&taire(s) ou A Yoccupant(s) des lieu, du bdtiment ou de la construction qui lui a(ont) interjete' appel dans les qualorze (14) fours suivant la date d laquelle it a rendu sa decision. 5, Le(s) propri6taire(s) ou l'occupant(s) 'a qui une copie Tune d6cision a lite' fournie par le Comim; dappel des propri&6s inl rieures awx normes de Saint John peut(vent), dans les qr atorze (14) jours qui suivent, intedeter appel de la d6cision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif ghee (q) la d6marche A suivre en vertu de la L,oi sur les municipalitis Wa pas dt6 suivie, ou (�) la d6cision est manifestement d6raisonnable. I I I I I m I I Co I 6 I FORM I M)TI CK 11) (AI NIPI IV, ('11ursh 4p,011thj"s ''Jel, RS, x'913, 1,1973, CX -3 2, S.141 011; )) Parcel idellilifier: 49734 Adiilres363 ffighlaind Road, Sa,'ml Iohn, No,,�,)- f4vvin,�,,,kvic,,k ()wrtcr(s) or Occkqtic�rfs),: F0,10-11TE I AVIIS DE, C(')NF()Kk11(," (L Oi vmr kw IMUF Upalih,"s, 1-14, IS �- fk de 191. 1, cit., N1-22, 1:Pn;r, Num6tv d0lenfNemion ek In itmiWIP a 497141 �Adrcsse � Chowin [hghlaild, sainqJoilli, NOUVOOILAWRISWOK P'rvpri�taire(s) ou, o4zempanit(s) � .Nxldrcss: 363 llighi,and Pxmd, &,.dat 163, chornin I HghWnd, 5whi John, llninsmdiclk, 1"7'K I P3 QuyumOrmusduk, IIX I1b3 lh4uWdPWHY Wing Wice; Cky of Sabi John Hy4aw covitra),vii,hvilt JW111 Po"v'J"ove"'; mnd ainoidincids Wnsto (9w "111 - ProvhUgs) conevvesed; Suhmodons (4 1 L Nn) ai,id DO land RPOV'ry 40 New Hrmavik Ruylvivin 200711 00h pre s(Irihes Oat Nctlicc to Ccimply shall 1v uvt f'cnnrl I, rk:,nwin� valid i,uld lo he" Fn k'lrc, rnvr.�,Iarll lo 19,6 ofike ,Tct,, 'Pers,rrip,Odm, of cond%Wsy Ise Imuse is mWighIly by p=05g junk. rubEGIL 1VISC and a dlOpkinted hiifldu);! 1,I,1 rr rtmin ori (1w, ,)rCwSC. Ile Wdling hos bume a hamni a) Kc Why v n fic pWAR by rummi of ht"ily, or and Ims benome 0 haz".11-d tc, We saby of the public by reasm of d0ophdai1on and Iq innoval of k"Immutiness DI", �s1ruchu.",il snenph. Ile candows cW Me bubling and fimmiku an: WeWd a SchedWe -:V% a noe w ar me wopmum min", Ad JulV,2,210H pr<,prtred R,aelk'd "kV'nt-1, 'Hy - W EnWemeni 0111ver, navir"In"I ,irul �:�,Irlolnvd in by Atny PcPI16,a'o1fi, I" I'Iig , By-law, OrPea. Itentirti1f or repiedies ruluired: Fhe ommer is it, reirledy r;hc 'condilions by eomplyillj-,! �,v0h, the a"qt�11W vie 1:1 lod I Sao was v F t e a Rm enruand (m ed i ri s pcc I Am ropc'n't =1 hdrig A buHdkl ond pnmvins wo comIdivince wAh the aI6vsnW Bylaw, A A mew 11uii thc� does not runaly w UH0119a K Me huildirtg and pmabseg in to tune pmModl by flik;,, Nc)hhe tu Compy, the btnwIng in,,:y hC' (IC11101ishwd M Ihe, Cf,)Trmfivq,, WOn to Khmn he lc') s,akuAy of the puble anti ilm pivwwws awy he Commd U11, id uni;Qswi quism ran , coy o r wm toi a) OWY QufqWx Wtv ipmhvoqoul':°.� LI rh co"t"Saini .Abu, MY% manchp M -30. (,lftc see Arr,01,6 Les, 6(1 de I'AW6, to p4qv"Wul wqr W Qw',,rorcs (0 rc�gwn,-,° ?At hwv- IYA, - 101 smr ks nwnkqwWv Rhoemom 20012� Yrlfidc C1 ivsic �-Ii vip,:tleaf en verin de Il'i'latic1r, 14, '56 ijk,, I'a Loi sur Ify 1o'c"olc% Descripikin de Ila (des) =dkkQQ ; Us Wx sent hwh0ques en Pma)(Junti, JA ch'. l'&rafflc,-, de d4ows C1 le Bxfifilr(,. I'll, esi devemi danWimse pow I WOR ch fribluc di; fyl de sun "OhOMIK 011 de 9011 AlOCCUPOWn C1 eva, devcro pot'll. fia (,[a pinbli-m (111 l"nu de smi 410d1mm-icni et diii Twirl dc ivwuq'ut! (14: Us canddWas du lAhninvi ci deg Ikox sward d6mules Primloxv a 0, , une capie cordbrnic chi mplxwi Wkispeabmi on c6le cW 13 judo, 2018 v In6pus pr Rachel "Man Wn, IS, u kh., I"c0cu1m des anb6s immu . Qmm 006 et mi d"acenife aym,; 1,nir Arny 1111inif 'ooroik- ingunu agc,111W Q,16 do resoirion do arraes ntunuif),oux- NICS"tv(s) h, prem11,42, : 1,11 (100 ks cmdowns on se comhomant mirn recommandadons., ralipod dinspaW"i susmcnt&O M dramemer io bAhnivol vt Ivs limix en mommon mve rAWK Isuns r6wnwal Rd Y.W la PnIP60swe ric ron64.lUiew; pas, le Wrncro, el le.,,; lik,,kix :J.,,oiI, le iern�im, prmscril par [o p0ent avk (10 oonil, cwrnO�,-e 1C pourFolll OrvI WmAis c(,norne inesury cot,jrecdve contpte, leno (Ill"fl, Irpr6soitte, voa d"vi't'g,"er pokil la „lir poblic, 01, Ws, lidmml pl:mrrorlt 6,Aray nelloyd's. The AwemumOrmud nomcdMl fmions reldng ki the doPWIhn of be WAINg and Me dhpnal Wcbris oad NUITIS On the prankm do not WhArbe cmiyxaa Wra. al�)' sib' of kmd, pmmiws or ranoW paTcrty (w oW rmnedhA W1011, in order if), ccn rol m roduce, And nme WO TOWU Ac the mamur of rcdea&e I,')r lhe rWJeasc of arry commminant hitot cq- upon the cuvixortmcnt orany pam of We orrOwnrnmo, DNe by wbich 11w rwaNj or rernudfm inust untir: as '11W dvalahuon of me buishik" Weanap nf 41t: pn:�qxny ""aud r(Jat�,-d must 1,x or Qns ond ponvil apphcMions rcl�tod Icrnc'-fie' nla�.'a be submilwd: wiuldn 30 days of Ire kkg scmad with As Ahca lo Ampy, h) The wpir iAnal rernedie; musi bc uoli-iMse wid Wn I NO d"g i'-dfbviog 4wr4cd`,, rvi eh OieNotilze 10 Amp". flafiby "uOlich nWirc ropy be appealtft Wilhin 14 days orheNg sulved dN'`kfi rlodry Now�("" Iq-j Prauss to appeal: I he ow ner nmy w 1111 rn 14 d ays a n o r having been served %& A MA Voke W Cbmpo, und a Nk,,vike rxf Ajipcal by mQual mill, lo the Ch,-rk o('Itc C'0'y W fr'pht'i, Uk y HA - 80 Fh()h 15 Marko; Sqnam, AS lohm, Cid w Ununsnick, 112k.41. 1 PalWho IMMAy for !I lorl'-Vo 1111!11 lai Nice 'Ns-ithim stnelified sobscrilm; I W ) cit" 1,11C Byd'a"v slales lh""u a jm'soli vdlo fuls to Cormy %ph AU lums of i"i, Ncu:tce,r ro Cornply ymm vWx sukxibn "7 or tha ad B'y-ladav% oflr`wcc "ha't' is mldr-r 101 2 of The WmWal fNhumvi Mmcivhav- j as a Caugmy F Wine, Whmu an Mwe �,,tnder sthbsm. k.,)Ii 110 1 =, mms Cyr more Van cmic d, the mKirnurn five Am mg, be, Aposed is the rnhinmi Muo sul by 111u jymowhi t1wex goym, wy 6y a Amy F onorwo nv,,iNphcd by Orc numbur or days King which rhe 00W con6nues Pumuant No suhpangrnph 11 (31(bjj N11110cipaliky's dtuiflvov,Hy v) x"ideruke repah, or retnedy;o W;uWQs MIXoY 1200) md 12(1)jc) A lite B�vda"�'- & -',in c�vcricr or occupka dous ma c-'Cunjfl^-�vdh' �r" d^�olicc to (4,11y unflev 7 wWn Ke Mo h0l wR in die sAd Mxicv. lire nmn1QWhy nuiy, cmue d -re dif owner or twuuocr 1xi be Waaml rrp im rctpaired, or Wing or Omer surmw of thal' OVnel- or Les memwes c(Airechms susnicnUonnY rchrivement SAWKWonduhWannet 1adQW1&ndwdGW'js' el Imms A= Sur WS 1RUX ne CWnPVnWW PW 10 nelloyag, b rcmdc cc 6a? des 1W, des wIvains cni de,r, bions PwNmrrek ou I= Py"V IUCUWC Conve6ve dan lu bui de ou tic rix,]oirv, d'Oirnhux le d6vorsenica de mot W I We de d6v1"rcmcm c�tr, lu divursumuni, d'I.A I i jr o I I rai ri t chr,its ou s air VenvOrIncirrent ou mum pack de rmwownW. Datte A. ,a) ['-a dm h'., - 01hulcul 0. Ir: noupyage, des Lco� Joivcol �,Irc A dddxl�.r d9 les pAns el do IT1d!",5IRVS des K,p a I:,, I I: I c�) r s. dk W i o, e�:t, 6,, rc -Iuir (,-1;tNis W 30 juurn qui SLAW hI de 1'm,is de cord'v,:)rnikL b) W i2paradonm ruRcs aam Inusures Wivent, tislre CM ja W (W US In 120 "MmV gi SU ham t t�:kVavis de c'�onf'owrnde. DOIC A loquelle 1.111 qqwlile 1%"llik, Pcio �try I 4ms ks 14 kmin qui a d vcm la noti humdon do Avis dc conRovdid. Ilecenim dlppel ; I a j1t',4,Ix aIotos les 1d jous qW n"Iiveo� hi de V"Iv6 de (.-Ilvivy�' on �tvis (V !�apjxd J"�Iar reconinind6 6 la greDidn; conimunnk, dc la mWAX& A I'N- (70y ol,"' Sidw Jrd'-�n, Lcil"ioc A t'h6lo'l c1V villa 8 2 Oag('15 Markel 90fin, F11 4h.1, PAIlkil jusill, pomir non-confornAk dam he d0al prvscl-W, I dr prragr"Iphc: I r(I) do pn,"voit quiiei�Bn,que �,nrnef sc dUA cxigmwus Rwmuldes dims im avis de ounArmbf now aux do r�rra6, U'31111110 111"IC inhudion qui CU PUK"ame Un Mrd u Wo Park u 2 de la Lofixer )o al q-w'f. rjh4lg- EVux wfiaedo('% Imm Wdu v 110 re d'A nac Uv n dull I or c We R QmqdAne inuninn 1'UVI11C PIH puragraphe I I( I ) se 11c'.11111-srJ41 peltdant 1"flus d'nric jonrnW"'CI'arnencle, mAdmxdc qui pew We impsk W ramende ndrOrnale Privuel p"Ir 1"I a eu' 'mr hi, qmWaNy am DyWhom. Pnnowhs. PXV UM inSuAn k la chswX rrmQW; pu Je nonh, de ions WaIrl IcupwIs JARWon %e NnAnQ ,n ldr�larW°ra'dd.i°ol a k'11 11&a 1, d(�)b)i)" lluuvoir tie lo woIdejAW dVnUvpmndm les, ripamtWns cou ck jivendre les mw"cresk - ConRnAnvant amx An% 12(1 )a[ 12(1)b) c; 12(jj) dc rArA& A LM MiS kjV 6t6 9(1,; 1 IJLallX 101,01"W's de I icte 7 dadjw loil el, que le propn("laox: 'z-filr Ancupul nc pas A V'Q'1 'avis ('fe 'Nrrd"rrdll"dl Nd da" le dom Widarli C1 Ld qWH W W'pW cc)nfirrnwr fel ou"H" cslcorIfirrrtc t"In 11116)(fif16 nar III) 0, - Date(Im S'ninl .1ohn 11.1c driyoriny, 2mm M, 1ho'(7ily oF Srho )II ........ ... . mcnicipai onars conum whwnmism� Nasi E."Johel `vloI ilig "mfijrv.",S: 1, o W "t vz�j I'mnlri'vm')'lIy ne cAvy orsasi john 15 N,1i.,jr'kcI StImme Chy HPH MdAng, M* FRAor S�lfill J(')[M7 Kc,%v Rrx-is-,vick IQL 4L1 A kp hom (50616 5 A 2 91 � FCWCOPQC P06) 61101 T) N,m'pj: S"C'n I of it'.) Ll � I i c i pi -I I I ly �Ncjlc�': I Al lrl'ro )c IcIrAdW IF L!CI I I C (:F t I I,! A All Ihc I ive haul gull "Iw dw vh1QW6n W volump bph, IIXI or nlqke 41 COI 3 dor :l h&arm ,c, +j dcliq due In M rminwYK, mW ma"c added lo a'h c joy n I I mv -'cipA rif "n kric ia 1 R� I l F'raperi y A 4S u)e° I)id I A No Ib.'.' CLI ()C(1j'IPa'nII" cl [es CoICO" " all , �l . Culls �"l I'cx&ulion d'e's cuvmgm y compris Imic rcdevnricc oI,,i lout drc'dt f ";4) "sold, I')IN h I chwgc du pinydammy OU Neempm Ist deviennent rom mhance c1c J�d MUSYMMSM " WIN h of t Awn 10 juWv. 2W N. MaRlIm! W The My of Saki Joh signiaulq (k., ko livpp 11 Ium'cq'mlc� Coordonnics de In reprisemlamm munkppole : Nono -,, Rnc',+,o,d V,'.vI, IS Advae p0mak hi ("Ircuss'-mcc c'l' (Ju ck'vcliu mc%l ITIc Chy o1''' knh�1ohn 15 'Markel scjn"I�v Mkc de rhUd do vd W, Mv dMgo Case posiale 390 112L 4 L. I Smau & la Imicipahk Noiw�� IV's pclfoii'nk'^ x wimic pus rempro, is mym, ou & 1. ON ci% drAmcum upc dm�c c�nv,�'Is two ;Q1Wvs b 140S J NAMINAM I AMP& ME MUI o 363 I ighland Rimd SaintJohn, New BriAns,iNick. 1"I'DO 49734 1"Spectil"no Date: 'July 5" 201s IMSPOCHOO Conducted by. Ractowl, N'an Wo", Ell' Introdi.tefieu, -2! L day of 20�LLL ......... ... oK 0; Ambrils Wker Impodwas of d1r, pn,")porty at 363 fligMand Rma(.1, 1"IDA 49734, have rcvlc4l jhrjjtJI,cr.,c iis one bufldiiigy, c.lrt Ilto a tear -�swrcv, sitigle farnfly, wc))(�l l`r,,,un,CxI, (the I'vc,,ame awa-c of he pwpeny's vacancy in April 2011,and began siand'ard w=Jbrccnwifl pt-ocedta,cs. 1 1w property is located in the City's North Iw°nd in a, rural residential xnne, 'FhC BL:I0diIIq,, a hx""'I'd 10 1,11W s0f6ty of the pt.thli(, by rcason, of bcing open, by reason of being va,(:jrit, by reason ol' kfilapidation and by rctts(,,),n of LLITSOLIndne,s iA'structul.aI'l sl,,yejjgj�li, The Bulding is not in colijjpljwljjcc %60) the Sedw Joho,,? t-txuy Nurnbor NA0111, and anic+ )(1wai(ggs thepvj,cr UHS,j9,htl,)' l"I'vinis,e Conditions Subsedion X11) Orlhe 13YIXVV Shucs! A Pusan shall pern,iil OWINd 01- OC'cupied [)y hini or Ix,,r Ic-, I -ac unsightly by perniilting to r , Itiindin any 64 any ashe1junk, rubbih cw roWse, (1�) an --Lc.cOMuh6on of wood shavings, pyper, sawdusl or Acr Wdue rpt, lwn&wtJDn or comMimi; (4-v a. &�relicr: vchIle, eqWpnenn nuwhhcq, wAhe body of aRy pwi of a veh'i<40 equiplinew of 111ac-brinery, or ,09 a =Odawd hudding, TtOV fS an WCUMUMDU of junk, rubhkh, and rels-2 an the prywry. Thma, stems indude, but aoriot titilital 1--w, a caEnI,)os,( lain full of niaterial, tircs, Wcqu, plasivio lama, I"n k,11 itu c1ccorutiong, a, 1dinci-cle block, firc! 114, (IOed wheelbarrow4 wodan shelf, wooclerl fencilig, a cvIIa,pscd Inetal sllc(l, plasdo bin, dkcardcd ozarlict, w(,,)i-)dcn boards ,,wd various (Ahu, ha Dr,,?,�adl and Jorase p,a.rbagw, The ion ai accimulmian of NO QWJ and mhmz is I IN HUHIng is ddapidaM The Awyl Siding on t4v uxlerior of the Building is dIcterkWed with naildew a�11(1 algae, gp-()vvth- Thc� 1"Car C'xten'sk'w hag %wwd(,-,rI An& MW& WWI 1`aUIV41 Ind p,ek"Aimg prahl Roo,[shingles, ojrw J"g,jljl�jg c:,,pff flic Buildiiilg in vw-JOUS lacmioasI'll e lir aa is rcr4fingin, the loc,rdondierc , hingj(�S g " )A are nAssing. q section a r ponvoci w,,,il c.raw 11c)SCS lllospetc',e heneath, the fte"'Int polvil has Ulers in. 11C WO decl; is Stoped awl is pilling away tf,rc BuMng. The rear entrance decking is detakwWod and ivissing boards. I% reaF ones IMO hws dctacb,c,(J rrcxni Ow B1,61(ling an' d rurds pwrrrlfrll Orl 1111 roof"of"the rwaNr° rare rr. parr. ]`he rear exrWan is pialling away fi-oni the 13,wilding with a mzip MWLM�M SubseNion 642) of the No perv—'arl, Shall 11,011 pit 11 buildiris or other SIUMIATC ()Wj-re(j ()Ir occupied by the pemon to Mamie a AW to the s�,irct�y of Che Pui"Aic, by rmsoll of b6 119 W]QkAlt 017 111VII)OCUPied. ,rbe RuMno is a hanni to the saRly of the pubho by rcason of 1,161ag vaeanA ctr flor the fl()[l(JJA�jll� rcas -ans- "Ehe Building IMS bewl ajjjd a[)NaidunuAL Afl�enlpts wcm made to Confiact tjT,� property owner by ivWstered mail and pro,cess saw Wever A adtawls were resulting in an entry wan,,xa app1icatj(,,),n to jj,ssey! difions of the BUil(Ijilig The ruir' docpr S, cure; howtver', 111te fi-ont door and basenrient dctor werc inflockod and �wocssible. Buildings in as i][hipk1;jtC(J condi on that are known to be vacant Ond Ich Wen can Mad vandaUsm, azson and MOW! acHvity The conT Hun a f We propsy aff6cts quajity ot, life of nicighbloringgMOaap wtPtuear arld oul""afively inlpact� prop,�,'rty Valuc r:4'�rcal estatein tile ama dme hi negAve McNams WWI and (10060MAng condihons. To mid to Me hingWy of The Suint John Energy oolafinmcd di at the pouvr has hem" MIUmMeMd Sir= SqAcniber 2012, 2, There iq a higher risk of a fire cvcnj oco;urririg, a tlie pr)puj-ty sjj)x it 1,fjay 1)�(, knourn R) the pubbe Mat It M(ling W %MCanL "rho BUHAng is kwMed new- the end Of W long mid na.rrc.�w Vfigl-ilaiu] Road, wlti,ch is -a(ljacent to the "Old North IM nodghbot1no& The BuNhng does not jjjt;nw:j curren.1 set bbaQk distanc,,e�, requAmmms app as such is rwaidoned vety, (0 tfw txiad- '17he looafian of the RuHhng on the lot could be hazaAms to vehidq,,�, 1,xdesirians arid nei�.,,;bbo�rs in, the even, t (�) f a f] re. (A)ncem Or emergency pcyonna .j ill the ev,mlt of a, fire ol, emorgensy. firefi�,.,Otcj,s suspeot, there IMIY be pe,ople insidla-, the B(Ij filig., it wagid be reasonWe M expect they, may be required t(,,a c�j�j , I cl I I ,,tcj,. �it, I'lle nterio°- condRian of the Building is not known to fjtcjjgfilej'Whin la Pause a hazard to thdo- safiaty aod others M10, "nay bt,iriside in the event of a Rm, Thae is sydka,[ datn,,,agt; lo, lite ceihngs in inany locations rol"the Buildilig %Nkiels watz-14, findler comlyonused by a 6m. Tbvv is [inlited Imad s q,yace 01.1 Ole s('',COnd storey due P"o the Wopcd Me ()Fthe "ifing,s, Thcru are many huge hems and gadmge A dw bas(m,icnt. These cnrldifi,ons Coold restrict lhic nu�),vernent or CmEse iojury to tn erg uld ilic"), rlz-adlo �.,;aua entry into dx,- ffi.jildiivg, ,uicy perscrna.<d sho I ITHapidated INUdhig Condidans Stibsc,dion 6(3) ofttie By-la.w Noperson AM pendt a huHdhg or (j,jVj,Le(j k,,,�jr OCCUPicd by the posan W beamso A lmzmA W The safily, of tbc� prjjj ji(� I,,)? of' Alapidation Or 1,111SOU"t)(Iftems (4`81rudmul stt-uugth, 1110 Efudding ts as Wam 10 the ('A 1,1:le PL111:11 it: by reasr)"n oT (.1i 14pidation f­(.)I,dic Mondng remslar is: 1, ExWor Wndidons: Front deck is (filapidato,(] anct It is loissing, dock board.,.' dild COUld, i",'Ail Wider five load. A sect,ion o]` l°flywiood wail which encloses tjje Space g M1 MwI ca u; L),jiming Manua imms panmuy Im Me ivatof the rcuu- extension, ShouLd tho vaxes WOU01 I'A aivci w�i.iiniplelely detach Oom the AM& 0 cmdd do Onn 10 WO INAwk the pmvwy or neighimmming property ojwners, The TWOMA Collapscd metal shed at the rear (if the BuMing =W CHUSO PerSDnal Jury to throws c unicring aw tapmwl uwFut;�dua to flit, jjjgge(j iu2e(zjj 111 Want, �2. tritertor C,(vndition� s; 110 shVIC seta TOY eMenMon at the roar of the [3vilding, is diiapidatcd. It is pidlIng OMY Il -0111 fl"le 14(lilcling causing the intedw Doom to slope sigrlificaunfly, 111el�e are gaps and 1mo4cs vd-uxc the IMMMOn Cortnects to. tho IT'lain Butilding, tivroUgT'j, '%Vj-jj� J:) Thcrc is %vMcr damage ahng this ccwjjrtucfion and a1kntg the ceiling. Them axe Imics in the Kling of dic cxtensiolL Insulalion has fii'llen 41,nd is Ivanging 11rorn th,ego MW Thcre is black oufld gro"Oh 0111 1f1e! ceiKilg Causing, to respiratory hazari, 1110 Ant Front of the BWkhng 1 MqmWed and unsound, The Dom has ex.t'(n'1Siivt' greell, algae, molal givivda an(l water r(--sulfing in sofi fltj(),rjtkg Wilkh C0111<1 fidt, Ullder kvv k.md, The ceding is, %vatvr datmtipd and s�,%� ir5g witti to lociaions "vhere material is Liflging and proirolng Real tht Sling. "rhe mfr~: IW i S al LS [") ro (tell, gr" tj (W to all wv m4h aml m ou ky,, 717helv'k 0 hok� in the ceildo at the entrance of the rnai'n 11(01' ballaroocl:1, M(nildy and waw damaged dryAvall an,d debris Cover's 111c., 11oor tea awatii this trojo. 'nac vxpo.'�Cd 'wvooden' a,'tppQir.s want, m- damagod zind The Hoor amund M.0 tOPO iSdiSCO1OL1rQd dUC to WaWT chanag, The paint on The mmil is POCHng Md t"')(JU1dY, 1119 roLITI'l to 1he right cW the Ws Otl Lh,C second Morey Iiais a1 hole In flic ri�;,ht intenar c(-wncr (�)f tjw� Shng, Thav is a heap or cei[ing dxywol =1 hnustjon em the noor hdow the,. Ifo w in the Ckhrig, be arut Is ,vater dionapxl and. kus, cxlcrisi-vc mold grt)wth, Thw wall of flnc, actiaLetil ro,ont �is Wso dantagcd. Ilere is rt ok! grow1h as well ws and aned the lmasc,of tile wN, Water + a�nl�a"pe and "Ill'ould grenvi 11 rc'spi�ral:(Wy and sai"Cty lu'l,zard's to tln'y"Orl'c CTUNg the MAW& Structuralij, Unsound Building Condjdtnj,.� Subsechau W) of Lhe By4w MAICals, Nupersour sball j.,)jjj'ju:jjng OT OdusSWCtu're owned g')r OCCU1,3jed by the pemmi W bommic a hamud lo iho sat , -'QtY of the Public by 01, d i hPid SO n cm- u i ii si) Li nd nesS 0 f St rm,'Al Ira I Mrc�pn gl:,h; The BaUdij is -a, hazard k) the SOMY of the pubhc bywason ofurmnundocss of suvchaul trength four t h e f,()] I ., w i 11g, t-vgso Thu hami, deek aand rear iiecj<j�ltg pj,jtjC,,)[rq, (,4. the Klfldfirp, ;,117C S1TU(,tAjjajfl,y unsound. Ile fix)tu dela : N Pulling OwaY A= Ilic Buildnig arid is slop(A, 1)ca buards are, tams inn in semS low alkms. lit! ded< ImIds to the NO anwom Whi'01, is (W(.1 Aorcy' ab,ow'." [C Si"n"llwric a%"Drc to roll thtong1l, or offthe dc-6ra' they, la e. severely injw'Qxj' "Flae t"e,ar cntrancc, decking is al.'sm shv=My unamnA. Ile wood is rottin and dot `fi(.)rated. 'r'.iic tkvo, sieps mumun wuumn imni wis mmes. inc uerijig,�Is tvorIxxi ghr),d Saggin" llr 11 KMT Of 11]Cpo��ejj wlre, soft due lo W310da,tluige wid are keavily in 0 kl, The Ogle storey rear exten"n is Pultilig rM4y the Budding, Wad, is a blue tarp on the uxlerior re�rwr tuse of the extuldom. llere is a, [1113a] C�wt�ai MUM rmling on the oxtensicon. I'lle foOfis sagging, The outside elctirly vi',sible ftoiji insidc the Ruilt1ing %-her,j lookirig Rt the COMM% Of the exAcInsion (K) thQ BuOdhf, TrC MgniflicaMly slqpmL 'The MHag of 11Q exWon has a 1101(� d1,t the irltuh(fl` C"Itt-Alice, as woil as al the renr Coyner of the 00-ili'lig, [Asulation, dr)"WaAl and, other inaterial, are prc,,)tqj(,jirjg 11-1C holcs, Them is inolcl grow[h -along the Shngrfardl Warta - d1,11'iaage. The rmw extenlion is Reqtsirecl Ridixk,Ctlial Actions The owwr mktstdal°l;l�adr(3p6mls swat bekixv: QuIM 0- Remedy A; condhims of We Balm, dvotigl:t aAl reEniir a,nd r,enjo(lial Adi , ()111S as WHOWS: i.IS Mildina mug be mum beeDnipletely repahod to remedy—the above iM,e),11ioned hazards to public safqyi while rneetj�n,g OF 11,K"! Nafiorru i j" a(0" dirq,; C"o ("),e of aeia (210 1(` (�) zA',,, wet I ,' q ',' I I (Afi or, app I iQub le 1) y,lav,, s , The BUNWo inust be Wmahed, kqit sca°Ure, all(i while di c Propm-ly rernaias le-acani, or m,rnoccu,pic d., b i A, dolailed 14an inust be sAmilic(A t() the (MM and Corimml,nily Dd,,vVA0pinent Services Depau"Intont o1' O. City (.)f' 13ailfl, John (du: (Or re-vic�w and WMA Ile plan s;lvould also indude air, schedule R,,,r the work that is to be cmAxd W, TH repaired HuilWng mun mee( Clic oVWkvwj!)' Baik/ing onutda! (2016�) "Is WCH "Is codes. 4. The ddailctil, phan, in,clu%g SAMWICS 1WKI Unly engineering ixrust be U'J�rpr-o-ve/d Ely the DCPartU1an-tj,)i,i(,n to conrinctwill""." ropair Nv("Irk" 5. A, pernalt musl be oblaineLl 011Y Alld 11J] ar)t)lk�able %,ork prix�a,r to camnwn% s6d wmt thnn fl-,ic Cj,jy dalSafirl John in w(Jur Q) cornply %vith the Saim /(xhn, Buikhn,�,' Y.Pv-laiv, Nnnil)(,,r CJ1,, W2 and thcreti,� ( the "S'fhv 'A°) ku,13M Ile PrWAS'o 11c clewed of aH dAris fii,und, <,)I:l flie J)t-01perty, ii'leluding atia and all rubb4sh fhat i:i'my be: oorisiderml kazardOLIS Or datflrl',�,it Tbel'adebris from r. t1he jl�,-.enaise niust he disposed of m an appnDve(j , accol"'.4jance v,,ith all aplOcahle hy4ows, ads and regLflaiions. Mwti�rnetatcd that �,Jearly (Jv111,(:n1's'1ra1CS an appmYS Sold waste disposal sAc vwas t.lse(j r(yj� (he uposm AM, must be ljovidal to the "'U'Nt COMPly as all appliza"W(!, 13Y-hjwwi,,Aa. ts, Codsand Orwhoo, 2: Devaolkiufl, Of H -le Ruildlug Karadcanup of a[I debris On "die prcinisa by wiffi all ilte FeRledial aotons as (bkloxvs: 1. The Hadding numtbe demo] 101 to remove the [rj�jZ,'jf-1(-1 tt�j ti1t.. satld�ly o(t1w, public by rQ,-t,son ;'Itad hire-'i on ol'bei(q, vae, ant idle, 2, A denjo6�liti`)11 PUNMA LTPJ�t Miami Dom A,- 1(7q�d�Of Sa,6n Rflin in nrelor iek , -"" -, NIU 11%, ILI] SRI I'V1146 01 1 H't 1111 All debrig 'niusr be chqwod a at am aPpmee(I sohd VvusW, dblysal she. and ki 4wc�rdtincx Mth aH Oppleable Bylaws, Acts ond 1RegIjj,jjj:ijjj,3,, pr(.)O'1",, that clea.rly (Jurncn� ,(i,ates ar) zipjprovod s(ilid d4Sj11()&1J Si(Q IN IS k[SC(I fi)[ the divowl ONO'bris, rilum 00 to Ifie Doparit rlen(' 4. All de['iris duet is currmly on the lwomise niu,,st ba rctt,(:Pvc,(J BIAHI df%[,)0Skd (A"M 4111 app ro vQ(J St.) 1, I'd W' sl (,, (J i vosal Sj ( c, a nd W acmgdw cc with a] I appi i Qab 1,, e B y - I a vvs, Aas and AgWaHons, InvoQ thal clearly denionstrm,(,,;s an appmul SOW Me dispo.srO, site wns' 'kusvd, fbr tho (.1kpoW of dMI, rnust be povidmi to the 5, Ile properly n:wq. 'hc,- jr) c(,'intpliarice with a1l 311,PlicabIC, By-tavvs� Nets, and. RegAlAns. llreparN by, . . . ................ Rd cian Wao, E FOCI'viucril Scorvwvs Offiwe�r 0'r(")Wt11' and ("Oryllliuni�y' Duyelotn'lwnlll' Suvicxs' R(,,vie%vul by and coiu,-urred jFj,, 1,1y: 4:e ............ y JlofiA."Illr Eng, M 14A Bwdmng hwao'r Dul-nity Growth 1 41 COUNCIL REPORT M&C No. 2018-243 Report Date August 13, 2018 Meeting Date August 20, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous building at 143 Guilford Street (PID# 362152) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Rachel Van Wart A Poffenroth /J Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that 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 building at 143 Guilford Street (PID# 362152), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 143 Guilford Street. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame and staff is looking for authorization from Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 143 Guilford Street, PID# 362152, have revealed that there is one building on the premise; a four -storey, four -unit apartment building. Staff first became aware of the property's vacancy in December 2009 and began standard enforcement procedures. In April 2013, a Notice to Comply was issued for the Building and the rear ell was demolished by the property Q►z191 -2 - owner. The property is located in the City's Lower West Side in a mid -rise residential zone. The building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. As the building is now abandoned, an entry warrant was obtained and executed on July 5, 2018 to inspect interior conditions of the building. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on July 12, 2018 and was posted to the building on July 13, 2018 as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership for the building lists one individual as the registered owner. The Notice provided the owner with 30 days to remedy the conditions at the property. The owner did not take remedial action to comply with the requirements of the Notice. A compliance inspection was conducted on August 13, 2018 which revealed that the conditions which gave rise to the Notice have not changed since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service via posting. Also included are photographs of the building. The Local Governance Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was sent to the owner via registered mail on July 30, 2018 and posted to the building on July 31, 2018. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is approximated at $20,000-$25,000 and will take about 2-4 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. QUE11 -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply and Inspection Report Affidavit of Posting - Notice to Comply Affidavit of Service - Notice of Common Council Hearing Photos CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT (113 C " —L , -L . SAINT JOHN, N.B. (PID number AFFIDAVIT OF SERVICE of Saint John,N.B., Make Oath And Say As Foltows: 1. 1 am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 2. On at approximately . .... . ..... L12_, I posted a copy of the at-tached Notice to Comply, marked Exhibit "A" and Notice of Appeal, marked Exhibit "B" to the front door of the building that is located at 7175 Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the day of it A 41 246 FO11;A11 FORMULE I NOTICETO COMPLY AVIS DE CONFORMITE (Aftinicipalities Act, R.S.N.B. 1973, (Loi stir les inititicipalites, L.R.N.-B. de 1973, e.M-22, s.190.01(3)) ch. M-22,, par. 190.01(3)) Parcel Identifier. 362152 Numiro lidentification de la parcelle: 362152 Address: 143 G, uilford Street, Saint Jolm, New Brunswick Owner(s) or Occupier(s): Name: Mersereau, Beverley Ann Address: 143 Guilford Street, Saint John, New Brunswick, E I V5 Municipality issuing notice: City of Saint John By-law contravened: Saint John Unfightly Premises and Dangerous Buildings and Structures Ay-Lavv, By- law Number M-30, and amendments thereto (the "By- law"). Adresse: 143, rue Guilford, Saint .John, Nouveau- Brunswick Propriktaire(s) eau occupant(s) : Nom, . Mersereau, Beverley Ann Adresse : 143, rue Guilford, Saint John, Nouveau - 'Brunswick, EEM I VS Municipalit6 signifiant 1'avis: City of Saint John Arr6tk en,freint.- Arrc,'Wrelatifaux lieux inesth6liques et aux b(Ifilheals el constructions dangereux tie Saint .John, Arrdt6 num6ro M-30, ainsi que ses modifications ci-aff6rentes (1' as ArrEte o). Provision(s) contravened: Subsections 6(1), 6(2) and Disposition(s) enfreinte(s) .- Les para raphes 6(l), 6(3) of the By-law, 6(2) et paragraphs 6(3) d,e I'ArrtL The and Registry "teens Regulation - J111unicipalities Act, New Brunswick Regulation 2007-22, which prescribes that a Notice to Comply shall be in Form 1, remains valid and continues to be in force pursuant to section 196 of the Local Governance Act. Description of condition(s): "rhe premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on tile premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. The conditions of the building and premise are described in Schedule "A",,a true cop), of the inspection report dated July 12, 2018 prepared by Rachel Van Wart, EIT, By- law Enforcement Officer, reviewed, and concurred in by Amy Poffenroth, P. Eng., By-law Enforcernent Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By-law. In tile event that the owner does not remedy the condition of the 'building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to tile safety of the public and the premises may be cleaned up. Le Rgletnenl sur les.fin-nudes thi reggistre ele Nell- Jbnds — L(,,,)i star les Pnunicipalits,, Reglement 2007-22 du Nouveau-BrUnswick, qui prescrit quun avis de confonnit& Boit 6tre &abli selon la formu le I, demeuTe valide et, reste en vigueur en vertu de Particle 196 de la Loi sm- ter golivernance locale. Description de la (des) condition(s) : Les lieux sant inesth6tiques en permettant ]a presence dc ferraille, de detritus et le b5timent d6labr6, Lc bdtin'lent est devenu dangerease pour ]a s&urit& du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour ]a s6curit6 du public du fait de son d6labrement et du fait de manque de solidity . Les conditions du bitiment et des lieux cont d6crites, i I'annexe w( A )>, une copie conforme du rapport d'inspection en date du 13 juillet 2018 et pr6par6 par Rachel Van Wart,, IS, une agents charg6 de 1'ex6CUtion des arrdt4s, municipaux, rdvisd et en d'accorde avec par Amy Poffenroth, ing., une agente cfiargd de l"ex&ution des arrj&t6s municipaux. Mesure(s) A prendre : La proprietaire doit restaurer les conditions en se conforniant aux recommandat ions du rapport d'inspection sustnentionn6 et d'arriener le bfitiment el les lieux en conformit6s avec IArr6te'. Dans l'6ventualit6 que la propridtaire ne rem6olient pas le bAtiment et les lieux dans le temps prescrit par le pr6s,ent avis de conforrnit6, le bdtfinent poun,onit 6tre d6molis comme rnesure corrective compte tenu qu il repr6sente un danger pour la s6curite du public of les lieux pourront are nettoy6s. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include tile carry -out ClCaAl- up, site rehabilitation,, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies most occur-. r a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and 'permit applications for repair related reinedies, illust be submitted: within 30 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with tile Notice to Coniply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of' Appeal by registered mail to the Common Clerk of The City of Saint John, City Hafl — 8"' Floor, 15 Market Square, Saint John, New Brunswick, E21L 41 I . Potential penalty for non-compliance within specified time:2 Subsection I 1 (1) of the By-law states that a person who falls to comply with the terms of a Notice to Comply given under subsection 7 of the said ley -law,, commits an offence that is punishable tinder Part 2 of the Provipicial Qfte,nces Procedure Acl, as a category F offence, Where an offence under subsection I I (I) continues for more than one day, the minimum fine that may be imposed is the minimurn fine set by the Proviticial Q&nees Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph I I (3)(b)(i) . Municipality's authority to undertake repairs or remedy:,i Paragraphs 12(l)(a), 12(1)(b) and 12(i)(c) of' the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time sel out in the said Notice, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building or other structure of that owner or occupier to Les mesures correctives susnientionti6es relativement A la d6triolition du b5timent et ]a disposition des d6bris et autres items sur les, lieux ne comprennent pas le nettoyage, ]a remise en 6tat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou dc r6duire, d"61irniner le d6versenient, de modifier le mode de d6versernent ou le d6verseirient d'un polluant dans out stir Ilenvironnement ou toute partic de 1'environnernent. Date i laquelle [a ou les mesure5 doiven,t itre prised : a) La demolition du bAtiment et Ie nettoyage des lieux doivent etre compldt&s, ou ii laquelle les plans et deniande de pertnis pour les inesures des reparations, doivelit. etre sounlises, dans les 30 jours qui suivent la signification de I'a.vis de confbrniite, b) Les reparations reli&s aux mesures doivent etre compl6t&es dans les 120 fours qui suivent la signification de l'avis de conformit6, Date A l�aquelle no appel de I'avis pout etre d6posk; Dans les 14 jours qui suivent la notification de I'avis de conformit6. Processus 41'appel : L,a propri6taire peux dans les 14 jours qui suivent la notification de I'avis de conformit6, envoyd un avis d'appel par courrier rccormnand& i [a greffi&e communale de ]a iuunicipalit6, A, The City of Saint John, edifice de I'hC)tel de ville, 8' 6tage, 15 Market Square, Saint John, Nouveati-Brunswick, E2L 41LI , P6naliti pGssible pour non -co nformiti dans le d6lai prescriL : Be paragraphe I 1 (1) de I'Arret6 pr6voit quiconque omet de se conformer aux exigences formulees dans un avis de confonnA6 notifi6 aux ternies de Iarticle 7 de ladite ATrate, commet une infraction qui est punissable en vertu de la partie 2 de fa Loi sur /a procedure applivable auA infi-aetiotiv proviowiala3 A titre dinfraction de la classe F Lorsqu'une infraction pr6vue au paragraphe I I(]) se pour -suit pendant pltj.s d'unc journ&, I'anleride Inillit'llaIC aqui peat titre impos& est Patriende mininiale pr6vue par la of sur la proc&lure applicable aux iqfi-actionx provinct'ales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesqUelS I"infraction se poursuit confln-m6ment 6 I'alin6a, I 1(3)b)i). Pouvoir de ]a, munici,palitk d"entreprendre les r6parations ou de prendre les me,sures,-, : Conform6ment aux alin6as 12(1)a), 12(1)b) et 12(1)c) de I" Arret6, si un avis de coriffirmitd a 61.6 signifi6 aux tennes de I'article 7 de ladite lot et, que le propri6taire ou ['occupant ne se confortne pas A cet avis de conformit& dans le d0ai imparti et tel qLI*iI est r6put6 confirni& oil tel qU'il est confirmo& ou modifi6 par Lin Dated at Saint.1ohn the 1,2`fa1ay of July, 2018 Municipality: The City of Saint John Signature of Municipal 0111cer: Municipal Officer's Contact informatiow Narne: Rachel Van Wart, EIT Mailing address-. Growth and Community Development Services The City of Saint John 15 Market, Square City Hall Building, IW'Floor P. 0, Box 1971 Saint John, New Brunswick E2L 411 Telephone-. (506) 658-2911 Telecopier: (50-6) 632-6199 Email: rachel,vati,,w,ait.�'&,spa iit, ,oliii.ea Seal of municipality Notes: 1, All appropriate permits must be obt,,fined, and all relevant legislation must be complied with in the course of carrying out the required remedial action, 2. Payment of the fine does not alleviate the obligation to cornply with the by-law, standard, or nofice to cornply, 3, Costs become a debt due to the municipality and may he added to thejoint municipal and provincial Real Property Asrscssment and Tax Notice. cet occupant, et les coots aff6rents A ]*execution des ouvrages, y compris toute redevatice ou tout (Iroit connexe, sant inis h la charge du propri6taire ou de ]-'Occupant et deviennent une cr6ance de la niunicipalit& Fait is Saint John Ic ___juillet, 201 & Municipalit6 -. The City of Saint John Signature de la repr6sentante municipale: Coordon6es de la, repr6sentante municipale: Nom : Rachel Van Wail, IS Adresse postale: Set -vice de is Croissance et du 136veloppenient, Coniniunautaire The City of Saint John IS Market Square Llifice de 11i&el de ville, I Oc 6tage Case postale 1971 Saint John (Nouveau - Brunswick) E21- 4 L I ,1`616phone: (506)658-2911 71'616copieur � (506) 632-6199 Courilel: ricbc,],vajiwart(ea�saint,jolin,ca Sceau de larnunicipaiit6 Notes : L Taurus les permis prescrits da went t trc obtenus et toute la 16gislation perfinente dolt a tre respedde. pendant 1"ex&ufion de la mesure de reeours, I Le Paicnient de I'arnende Wannule pas l'ohligation de resipectef 1'arr6d. kk norre tau koJs de conforaiitd, 3. Les co6ts deviennent une deine Lnvers ]a municipafit&, ct Peuvent &re a , joulds A Yavis d'dvaluation et d'imp6t Foncier municipal catPT0616al. 143 Guilford Street Saint John, New Brunswick PPD # 00362152 Inspection Date: July 5, 2018 Inspections Conducted by: Rachel Van Wart, EIT M "QLAW%A LIM& JU1111, this f 20—L; Siinda'rds Officer Inspections of the property at 143 Guilford, Street,, PID# 362152, have revealed that there is one building on the premise (the "Building"),, a four -storey, four -unit apartment building. Staff first became aware of the: property's vacancy in December 2009 and began standard enforcement procedures. In April 2013, a Notice to Comply was issued for the Building and the rear ell was demolished by the property owner. The property is located in the City's Lower West Side in a mid -rise residential zone. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. IETMM= The Building is not in compliance with the Saint John Unsightl)� Premises and Dangerous Buildings and Structures By-law, By-law Number 1 -30, and amendments thereto (the "By-law"), Unsightly Premise Conditions Subsection 6(1) of the By-law states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse; (b) an accumulation of wood shavings, paper, sawdust or other residue of production or construction; a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building, 1, There is an accumulation of junk,, rubbish, and refuse on the property. These items include, but are not limited to; tires, a truck bed liner, mattresses,, living room chair, car seat, blue tarp, baseboard beater, plastic buckets, wooden boards with protruding nails and other various loose and bagged garbage. The aforementioned accumulation of junk, rubbish, and refuse is unsightly. 2. Construction residue remains from the demolition of the rear ell of the Building in 2013 with a wooden platform and concrete foundation remaining in the rear yard, The remaining residue from the demolition is unsightly. 3. The Building is dilapidated, The fascia and soffit at the top front of the building is loose and missing. The dormer above the front door of the Building, which extends over the sidewalk on Guildford Street, is sloped and pulling away from the Building. The stone foundation on the left side of the Building is crumbling. The doors and windows on the left and rear of the Building are boarded with plywood and medium -density -fiberboard. There is a gap in the rear foundation 'amll Af fl, .- 1k11;1A;"e, --l— 4— --- -11 .11_-.._ - �1_ - Vacant and Unoccupied Subsection 6(2) of the By-law states., No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safet�y of the public by reason of being vacant or unoccupied for the following reason,s: I. Buildings that are in a dilapidated condition can attract vandalism, arson, or criminal activity, as well as pose a hazard to the safety of the public and devalue homes in the surrounding area. There is a police report on file dated May 2017 stating that teenagers were breaking and entering the Building. In numerous locations throughout the interior of the Building there is evidence of trespassers with graffiti written on the walls. The City of Saint John Finance department confirmed that the water has been turned off since April 201 O Saint John Energy confirmed that the power has been disconnected since June 2001 1 There is a higher risk of a fire event occurring at the property since it is known to the public that the Building is vacant and abandoned. A property in close proximity on Ludlow Street sustained a fire recently in June 2018. The Building shares a common wall with the neighboring, occupied, three -unit apartment building at 141 Guilford Street and is in close proximity to the five - unit apartment building located at 157 Guilford Street. If a fire event were to occur within the Building, it could spread to neighboring properties which would cause significant damage to the buildings and endanger the lives of the occupants. 3. The Building is hazardous as it is abandoned with no one responsible for maintenance, security and upkeep, The City of Saint John obtained an Entry Warrant to conduct an internal inspection of the Building, due to the unresponsiveness of the registered owner who has filed for bankruptcy, The bank holding the mortgage seized the property during bankruptcy proceedings and has since confirmed that they have relinquished their responsibility for the property. Therefore, there is no one to secure the buildings, maintain upkeep required, conduct repairs or demolish the building, 4. There is a concern for emergency personnel safety in the event of an emergency. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The July 5, 2018 interior inspection found numerous amounts of garbage and household furniture throughout the Building. These items and hazards could restrict movement of emergency personnel should they need to gain entry, In addition, there remains one exit in and out of the Building, due to the previous removal and demolition of the rear ell of the Building and second exits, The only stairs providing access from the first storey to the second storey is a wooden ladder, The stairs providing access to the fourth storey are narrow, steep and curved with short tread depth. The exiting and access to all storeys, of the Building presents a dangerous situation for emergency personnel should they need to gain entry to the Building. Dilapidated Building Conditions dilapidation or unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: I. Exterior Conditions: The fascia and soffit at the front of the Building is loose and missing, Should further pieces of the fascia and soffit continue to deteriorate, they could fall from the four -storey building to the sidewalk below causing severe personal injury to pedestrians. In addition, the missing fascia and soffit contribute to the lack of a complete building envelope, impacting the weather -proofing of the structure and furthering the deterioration. The dormer above the front door of the Building is dilapidated and pulling away from the Building. The dormer is approximately 2 meters above grade and extends over the sidewalk on Guildford Street. The dormer could fall on sidewalk pedestrians and cause serious personal injury, The rear wall of the Building has been compromised by extensive rot and water damage due to the lack of an appropriate building envelope. The rear exterior wall is missing siding therefore precipitation is able to penetrate the exterior wall, accelerating the deterioration and negatively impacting the soundness of the structure. 2. Interior Conditions: There is a significant amount of racoon feces and destruction caused by raccoons within the Building, The evidence of animal activity is apparent on the third floor of the Building where a significant amount of insulation and couch stuffing is scattered, covering the floor. Large volumes of raccoon feces can be found on the second, third and fourth floors of the Building' Wild animals such as raccoons can carry diseases and cause concern for public safety. Pieces of drywall have fallen from the ceiling in numerous locations throughout the Building causing hazardous conditions for those who may, enter the Building. The ceiling on the fourth floor is caving in, with rem ain ing drywall bowing. The exit system in the Building has been compromised as the rear ell and exit stairs have been removed from the Building. There is only one path of travel to gain entry to all four levels of the Building. The stairs providing access from the first storey to the second storey is a wooden ladder. The stairs providing access to the fourth storey are narrow, steep and curved with short tread depth. The exiting poses an extremely hazardous and dangerous situation for those who may enter the Building or emergency personnel services. Black mould is present throughout the Building which poses respiratory hazard for those who may enter the Building, Structurally Unsound Building Conditions Subsection. 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by hidlEni 1 w The roof system is structurally unsound and caving in on the fourth Storey of the Building. The drywall and insulation has fallen, from the ceiling. The wooden roof members are bowing, 2,, The floors are soft in numerous locations throughout the Building, particularly on the first floor and third floor. Personal injury could occur, if the flooring system was to fail under live load, 3. The foundation of the Building is unsound. The stone foundation on the left ,side of the Building is crumbling around a ground floor window. There is a gap in the rear foundation wall of the building, allowing the entry of animals, Lack of proper foundation support for the Building will cause further deterioration and structural issues throughout the Building. 4The first and second Storey of the front wall, of the Building is bulging, indicating structural issues, 5. The platform at the rear of the Building where the rear ell was demolished in 2013 is soft under load. Personal injury could occur should this platform was to fail under live load. 6. 'nie dormer above the front door of the Building is unsound and is pulling away from the Building. The dormer is approximately 2 meters above grade and extends over the sidewalk on Guildford Street. The dormer could fall on sidewalk pedestrians and cause Serious personal injury, Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: I w The Building must be must be completely repaired to remedy the above 'mentioned hazards to public safety while meeting the requirements of the National Building Code olf Canada (201 0) as well as all other applicable by-laws. I The Buildingmust be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Departirient") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of" Canada (2010) as well as other applicable codes., 4The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to, commencing repair work, 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building 4y -lm , By-law Number C.P. 102 and amendments thereto (tlie, "Saint John Building 6. The premise must be cleared of all debris found on the property, including any with all applicable' By-laws, Acts, Codes and regulations. Option, 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: I. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being, vacant or unoccupied, 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Btdldingy-law, 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable By-laws, Acts and Regulations,,, Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4,. All debris that is currently on the premise must be removed and disposed of at an approved solid waste disposal site, and, in accordance with all applicable B 'Y -laws, Am cts and Regulations. Docuented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable By-laws, Acts and Regulations. Prepared by: (46che �Tan. Wart, EIT Technical Services Officer Growth and Community Development Services Reviewed by and concurred inlay; P. Eng,, MBA Building Inspector Deputy Commissioner Growt late File No.: BETWEEN: icipaunes Act, 197 ' i r- 4nunicipatitkv, L.R.N.-B. de 1973, fr, c. M-22, s.190.0 1(1)) 'tZKWmioner ot 8 ch. M-2,2, par. 190.021(1)) Appellant(s), - and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: N' du dossier ENTRE: - et - THE CITY OF SAINT JOHN, Intim6e, Num6ro d'identification de la parcelle: # NID Adresse de la parcelle : Owner(s) or Occupier(s): Propri6:taire(s) cru occupant(s) Name: No Address: Adresse Telephone: T616phone: Narne: Nom : Address: Adresse Telephone. T616phone-, that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the gr-rmnds clearly but briefly); Dated at 2018. -- --- %1�1 Y aVAIL VLIU11V%,� U411,5 I'avis qui a did notifi aux termes de I'article 190.011 de la Loi sur les niunicipalits et fait appel au Comite' d'appel des propriet^s infi,,',rieures aux nortnes de Saint John. Les motifs d'appel de I'appelant(s) dans le pr sent appel scent les suivants (67oncer les motifs de Aqon claire et concise) , the - day of Fait A Signature ofowner or occupier The appellant(s) intends to proceed in the English or French language (Please check the appropriate box). Pleasefibrivard your Notice of Appeal ky registered mail to the clerk of The City q' Saint John within fourteen (1 4) days ajier having been given the notice at thefiolloi,sling address: Common Clerk's Office 15 Market Square, City Hall Building, 84' Floor P. 0. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Telecopier: 506-67'4-4214 mri Signature du propridtaire cru l'occupant L'appelant(s) a (ont) lintention d'utiliser la langue trap aise cru anglais (Vez4flIez cocker la case appropri&). 17euillez faire parvenir volre Avis d "appel par courrier recopnmand6 au secr&aire de The 04, qf'Saint John dans les qua lorze (14) jour »s qui suivent la notifzcat ion de Vavis b Vadresse suivante : Bureau du greffier communal 15 Market, Square, tdifice de I'h6tel de ville, 8'&tage Case postale 1971 Saint John (Nouveau -Brunswick) E 4LI T616phone: 506-658-2862 T616copieur: 506-674-4214 Notes: Notes : may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal' Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Pr9perties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of' a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b , ) the decision is patently unreasonable, - . 1-. ... I -FF. " (,ont) le droit d'&re entendu(s) et peat( vent) se faire repr6senter par un avocat. 3. Lors d'un, appel, le Comite d'appel des props -098 ingrieures aux nortnes de Saint John peut confirmer, modifier ou annuler J'avis ou proroger le d4lai pour sy conformer. 4, Le Coinitg d'appel' des propri&s infe'rieures aux normes de Saint John doit fournir une copie de sa d6cision au(x) propri6taire(s) on A loccupant(s) des lieux, du bAtiment on de la construction qui lui a(ont) interjetd appel dans les quactor ze (14) jours suivant la date A laquelle it a rendu sa decision, 5. Le(s) propri6taire(s) ou Poccupant(s) 4 qui une copie dune decision a W fournie par le Comiti d'appel des propri&js infrieures aia normes de, Saint John peut(vent), dans, les quatorze (14) jours qui suivent, intedeter appel de la d6cision deviant un i uge de la Cour du Banc de la Reine du Nouveau- Brunswick au motif que (0) la d6marche A suivre en vertu de la Loi sur les munieipaliMs Wa pas ete suivie, ou (�) la d6cision est manifestement d6raisonnable. CANADA PROVINCE OF NEW BRUNSWICK (" OUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDINGTHAT IS LOC: E" AT )93 SAINT JOI-M N.B. (PID number 3E, Z— AFFIDAVIT OF SERVICE ofSaint John, N.B., Make Oath And Say As Follows: 1. 1 am employed by The City of'Saint John in its Growth and Comm unity Development Services Department. I have personal knowledge of the matters herein deposed except wherc othel-wise statcd. 2. On 'TLdu '.I-\ , ^ , at I posted as copy ofthc atuwhed Notice of Con111101) COUnCil hew-ing Letter, marked Exhibit "A" to the front door of the building that is located at (�,U:f �46 z Saint John, N.B. Sworn To before me at the City of Saint John, N.B., oil the day of er"i 12018 . . ........ RACHEL A VAN WARI" COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEM'B,E�R 31ST, 2022 258 Jul), 30, 2018 Permitting & Inspection / Service des inspections et de I'application By -Law Enforcement / Service d'Application des Arrkt& Municipaux Phone/T61: (506)658-2911 Fax / Tklkc: (506) 632-6199 Case Number: 09-1045 N71 A REGISTERED MAIL Reverley Ann Mersereau 143 Guilford St Saint John, N'B E2 M I V 5 Dear Sir/M'adam: ThiiS EXhlblt A Referred to In the Wavit of le, SW S tit Com issioner of 0,911b" NOTICE OF COMMON COUNCIL HEARING Re: Property located at 143 Guilfc_)rd St, PID # 00362152 Dangerous and Vacant Building Program On July 12, 2018, a Notice to Comply was issued for the above mentioned propelly which required remedial action to bring the building and, premises into compliance with the SUrat ,1ohn Un.v gh ll Prenfises and'Dangerous Buildings and S'truCt1ffeS The Notice to Comply was, posted to the building on July 13, 201& The fourteen (14) day appeal period has no", expired. Therefore, a compliance inspection will be conducted on August 13, 2018. If the property is not in compliance with the aforesaid By-law at the tune of the inspection, City Staff will be attending the Common Council meeting scheduled on August 20, 2018 at 6:00 p.in, to recornmend that the building be deniolished. Please be advised that at this ineeting, you will have the opportunity to present evidence to the contrary. If you have any qUeSti0flS, please do not hesitate to contact me at (506) 658-2911. Regards. TM Rachel Van Wail, EI T" Technical Services Officer RO. Box 1971 CA 1971 S, Saint john, A. Canac&a ESL 4Lt Canada E2L 40 wwwsainqohn,ca 259 I aIg� L) LY,2 z I m m ry) ME= I I 'Ig� L) LY,2 z I aIg� L) LY'2 z m I aIg� L) LY,2 z I aIg� L) LY,2 z Co I aIg� L) LY,2 z 6 I 0 y...1 0 CL LY,2 z FORM I N0110E '11) CONlYPLY V4-12, 0 990 1 (3)) P9, rx ef I d en Rier: 36 [ 5 2 Addrns: 143 CWH&I Hum, Wri John, Now Ummwick Olvmer(s) C11, C)CCulAhr(s): Narrlle: Nfersereau, ffi-,'�,'eflcy,Aro A4(lressl-tsl"C'o!'' Siunl Jokln' Ncw Rrmrswlck- VZN1 1'V� mullaxamy bsning Duni ice: uy orsomi John Ry-fx%- contravenet'L 'S'oinr r Otvuv'hf�f"'rcnie""ves ernd AQVIt, law Nunt[x.-r MAW and dl,crcto fthe EURNIU130 I ANAS DE CONVORN'I'v'h� (Lid slur ks LX. ,14' de 1973, ch. INA 22, par. I YAMI Q),) Nunl6md'hienflrimilion Adremcn 143. rw�� Saint John, NCWvC.-:lU' Bnomwkk Proprjtaire(q oilloccultant(s) ! Noull !!� Beverley Ann iWimsse : 143, rue (WHAW, &dta BY Vulycou llrilnrv'vick" 1'2Nf IV5 munnawk simm ion : coy orm jini°)n Arir6t6 mc,"Vehl'tiefif'-w 41 etlp" a44:' Se;int „hrlhn, Audi inmfmi A&MI MY cpc sei Provision(s), colltrvvenwL suhwcOons 6( 11 OXY) ;�lriri I)i5posillan(s) Cufreintef's"), 1 -es 6( 1 4(3) n0he ('Iydauv, (?,(2) 6'(3"1 ("c I prcscxibics I hal �'a WOficc' tc) C"cli-aply ]')C �n Fc,--rril I, ivmads Yand and corthrrms lo to in Wo pumuna W 'ioclion 11�)6' ol"Ifie fj°vf DenApdan of ectudiltion0f Tbo trcinise is by peWHAg junk, ruNstsh, refHe and a diIapidsuhl 111,10ding lo rero�flm on 14"Umse. The hWWhW US be c'Pale all ha/"aJlxl 10 be MY of we PWA 0 by re sorl of being vacant vi r unoccqicd and Ims smome a hamand io The sahly or the pubVic hy mmmin of A NVkWum amd by rc;.ason of of sll-ULI'urol arwiph. The couNkms of Me W&np niml pvrnke are dcmxibm! V Aluldl: 07 as wuc Q ordic impechnn repon droed July 12, 2018 piepaird Icy 10,J icl Van im 1'ww 001 4r, reviamisd and concunvd in by yonylyfonrmt, 11. Frig, 13�'.,,-1,a,,,w (Wer Remedy or renwdies, requ&d: The ounwr is to rk,',niody the by cmnoyhW mAT Ou mquhul acGotv" orke inSPOCIVI ferw n`arld bring 11u.", builkhriv nrld v'i 1, Vl I I'l C a f'cl n" -as a i ( 1 13 y�,' 'l w. 1a1, 11lQ U-NI"W 111,11 111C ONA"I'lCr (1009 W ren`Wdy he c'o'rldhion i""'f the ['wilding and pi-call ses in So Iiaw premAhlad by Ns ure to Comp", be hudAg nPy be, (Jcnx)fishc�d dic corruaive acdon io Whvess lh':� ha,z',trt.] k) lhe stit'cly ail the pubAc ;mid Ike pronlos inly be ckmwd up. C�snr lesfi)r'�och's da dc hjen -- hn" sur fi"s 2007-22 du NcavunwTr"swkh, qui pivserh clulin avis I,, con Wrolf TO We fuhh WHr ki Warldc 1, dommurk�, VAPide el rvmc aqua Oguaw cn venu do K&W 196 do, I W nm ht"amunwav Vvy. DesciriplJ0,11, de 10 WCSIhdk1JUQ,S C,11 Iiert),telani ka de de MOW a R WriuM ddhqui. Le Uhnraa csi dommu dw"Igciar%ise I'm"Pur h s�uuhli�' du pmbhtdal, VIC = ildWbit66(Y1I LlU cie, 6ori Cq dewnu dongmuse pwan 1A sanurtle du PtAlic dB RAJ dC SDn dMaWminm" et dH IS dc roonmin de sclidik, Us t'aaaarli0o,as lua dcs 1icirux solo 416crile's i`w Nnnrxe a A x use cophe cmuhnne du ralppi,)rt d'inspectoln en al Mo d" 11 >10 2018 CI PIPS par Radiel Wn VW, IS, unp ," oguww chrrg6, dc, KcWcudmi des anbb 111MU I Cipaux. rAW a ell d"accorde avoc pat /Uny INA&W. hy. one apmtc �0-11�al* Cie 1'eNeclil iondc" aalrl- 14's Inin-1 ic-waux NICS1,11-C(s) 4 ph-cridre � La prrrrFra aeal.ari doi"! tostauller, A CMW IONS en se "FOX du rraalal.wi dnrtspecuion susnicnk,r�nnet [c' W&UMI et lc'~u licux cn avieu Dnos Ieaw'diu: q1.1, la ne rcwtuidicllf Im's le Sh"eni el 10w lieu x lo 1'(11pps preserh Par- 1"'C pr""ser'�t ov'is & GoObrri-�U." 1C [*irnera pourrow d6lnolis cotnroe11nCS[HT coroplcl lerall alr�a a1 irpidsonle un dargcr prpur ]a s6curilu, du plbli( le"s helix poutt'01A (,Iry 'll'olloy& Too rernodill aMs rViiiing to we items onto pamAns do WV A I rltjc I fite, up. ske rrslonatit)nt of hund, pemNes or poswul pispely uc 01her umtodii1l aclk:"'ll iu ortler 1n) control to reduce, Alimmale Ux relonsv,aliQl- 01V �,,Iwwwr Of release orthc tvUse of any conlarn hum iniv or iman lite L"710roortlent or oll"Y 11,,Irl oi"(he erl viran in en I,. DiMe by mAkh the remedyor renicdici rnust oeelltir! aa) FIrc: den lo [ i I nu of 1 ]w I,) l'i i I r, I I d,, I c a n, u p, 0l' 1 he properly iizo.] rclahal panates =1 be conMew (or plains und pernid aMAKMAMI Ar rqvir iKtNI rlmmedieq must bcsAnjued; a -Win 30 da�ys c4buimg WAh KNUIA toUnJAY. -rou rupair Yawd runnudics smust he cmwpleie W ifain 12U days of Ung scRed "m h Huy Kiicc to (%JAY. 111Att,' t)Y NVIIiCh "DIK 1110Y IN appen]CtL �mVflhol, I d,l'ly5 r1l, u. 01�1 Ille N,cl,rrcc tcl PrOURSS iml, p1quont Ile owmw nwy WA6 14 days anor having been served wildi Any NAQe to (AmnVy. sund a Nt!oic,c Appeal by, rtgiacivol =0 W to Colvinmn (Jerif ol''I he (',"ity 0SAW JOK (VY IM11 — R" Fook 15 Maltat Squaw, Skit Juhn Qw Brulaswkk. 112L 4LI pa4entiful penaby fat r*iifltin specimell Nine:; Subsecluml I l(I ) of 11W Bdaw males il'u'll "'; Jvrscot, alai. Ads to Comply wah Mk tams of a NMI to W ComMy giver thin4i n6mKon 7 of the wiid BY,knv, cl-oxanilt,', an Abse Oial is puddlubko and Pam 2 or we i9monsd mpn= x.m.. w a. a w hav ,aa o nowe an, numm &A I I( I) onni i nucs 6 r nuNv Kv one dny% V nuilinuin line Ihal may lAx in iposwl is Ne nAnklramn Cc set by % ImmovAl ( Nff,'vwc,S 1)"IO",w„'z,,,,Ieri,,cl, Ar Or a ceaeguy I,' cifAcndwc nwhitflic-1] hey flic monhor of llays King which We oil'o"Icc eonfirlktkn, pursturm"to 1 Vitil'ikilpalinv's aul I'll uri 1�to umJvrt;il rvpah-s cot, ren,,Iledy12(1 )(zil 12(i)(b) and 12(1)(c) of the slolv, opill I damn owner or amupier does not vvith a Ncatx to Carnply ghvn aanlk y RxIA 7 vvilhill tho 011u� ,m oill Ill 0-w 5,,oiri N'd�Aiee. lbe "llardicipa5l nwn CMML� dw of dao I'Lcr co, to hc,, c koned Up 01 TCAH'Oj, Of At t),Lltlding (sr ofher slrtoota, of dhw,, owvvr or occunkx to US nicsilros sustnenhann&s vekoiveiLrwri ii loCkntoiflion do hii1laical 0 la chyx0fon des ddbri.�,- et allitres itens = We lbux ne camplmnlacto pas Ic. ll,ctlo,yag lit renlim” en 1pirp des lieux, delelrailcs cn,i (ICS biCTIS; PCIM0111110 W 1101k MlAIO ITh SUIU, c0nV4°UVC dain IQ, bul by crinrr6lcr on de re-f1ciii-c% d'0inrilwr le d6wNsemoin do nNOAcr to nuxin do dlywounwnt ou le eldvergenlopl no, In iman, cians Oa AT l'onvironnemenr om inme rmse do linAnnnonium F)RIC Rhl ini fes miesurci dolvemt Eire prises I La doriordlani col 1145,6�",ncnt e,Je, dQs INUX doiveltt &lrcoI'llou ") laqueiie, Iles plang el dumandu tic pernik pur lus nwmjL,",,s dic.s (toi%vill, Illy;" salla ison, dams to 30 jours qui SUARt la sig,Iili io,111 CIO I"ovis dc ccoll Le"i rc1iet"s gj)'. lllcNklires, dc4venl 5VU c"Lins, ies' 1(l purs CpJ P Sol VCM, ISI (k i`avis do conl`tit-wri4,, N,iAe ,k latiatile un appili de ravii puln Ewe dQmi! B'b 111,E K 14Vmn ;IW mdowo Im noHNeaAml du ravij�r; de con1"dir'u0c. P111CMUS (VAIPPO ; Lr[ I)CLIX t'14)113 Q jams qui suivem In noldnemion de Q cmdArrok emayd mi avis WaMml juir cam,rier rmonamaWd A la pefillie de Li '171he ot S'aillt 1'4"'071cc, de QNQI dc YHY W 15 klalidvt sqw,t,nov, Saint llobn, F21,, 4[J,, KnWhi pa"RA: paur Ition-clanibrinilk loris to d6lai presel-tv : Lc pangionow I !(I) to I'Mato pard vDit qubui,tuv lanct de sink smInner mix exigenctos (bris I'M XJde U(MiU� -HUX wnpcs do lindle 7 de NAw Ane, umvro Ime inlincl On qui QM purdanNe on vanAkdn palbe 2 do ki 1,00 ,5xo to procf,�!U'C low WAR v A Arr d"in % lJo m dr A c Imse F L OrSWCUnc ARM% IV= on pmvpAphe I "11 6c poursoo: l'?endant plus d"llne Joun'l& l"ollicildc mithm.We (iLd p,cuit En -Q ion eso 1",tilillculdc IM OKA PUM IC n d,krm,r m Ir la p aqw0whO 0'."I'v prAll", unc inlrad,iori ,11c N,,i nvuhlph& pai" [C naldlro dic pout', pentl','!1111 k,-,;qloe1s 1'6[t�ielion se "m Rarommi i r n ova i ki pw) 1%vuIr de la inunieipalliti, le* r6paralhas on Ou lwanke in innura. l[AndbrilOwwni aux aliri% 1( 1 )ah 1211 1h1 em IN 1)c;) de rAuR, sli un Us de am%MA6 0 al,lx tennes do llviwk 7 dc laditc,ioi ci,,, cilcUri ,, ou p,k')ocnpmm me se conloratc pas il cc r, avi�,-, de cmdKrn4& Al ins,, Nc Ci("dioi iinpaili LA tel qu'il est ripl,III� CMIFIM& on tel ou'd em ennhirrinif rxL nuMi5b tur sari INtedat Saki I Y'11I c City OF MW A% Sm g I I 01A, I d'C, (Ii \1 u I ; i ,,° p p j I , ( ) ("fik �(, I- ; Q0 mcqmm. 01 Ics cocds Al�,lvllts '�l r1cs oumrages, Y comphs we rakvmwe (m wal dwit oourwxe, suill mis h la chmpe du rawwa on de llempmll ul dovicumcal mic clance do h� wwnko"W,,- P411 h Sumt Job le jujHm, 2018, waymn mcwyorsomin, Signaturv. dc U,i Nituniel,pal (''Prillet"I"S CIVElf"Art Rach(�! " �,,Mn wart, I.1"1 kind i goddittv Ow"A and Rummuniq Dovelopment Swim I&C (Ar or suka,whn 15 Vla6�x,!, Sqm:�rc Coy HOU IsMAY 100 FAm P. A 110K 1971 S a i m John IN ow Ifni n w5d ck F2L Al McpWay (506) 65SO91 t,�06) sm ormunwmnhi), I Al app"ImbW pcnnhs mim be Adned and so roclow hTwmtin MM4 'pa "Mmowd all 0 IV vmmc " cy"Op ow ow w 0h dw W Any qam W w qpm m v me u I mm 0 ('R-Al'u ounc,i &A W io he nwnQ"jhwvmd nmy h; 0=1 in m�dw, jcv�ol mkwlkJpll �,md 11jue, jjlo,kl WK. CootAomn% gle la repr6se"Im We m mnicipule � Nolltl � Von W."Im, IS Adrusse 11040; SVMKM dO W UIV,iSS4111CC Cl do C m: I I )I I I -I u r I I Nt, i r c by ('Item' IA'Saint John t 5 Ma rkcl Sq de 1-lu."Acl vilic, I 0e, Aw [wMAr 1 W71 Saki J(Aln F2L W st"e'au de hl Mr, ! I IOUs WS pu"; pmwmo dmmu Am Wom; 0 Mwe -a HYAMW empsko jwn6wl Mucid on &, 9zp naq du rumadc n4m"c Mm hhhown do ill(INW.' 011 7.1m, Cc% Whin cm unuduipsuvai la "MAhWQW6 P1 pCUVCM� fmlc6- rv, i,javcu ainaint jorin., 143430ifforA Strcvt tars - - �-Qwh -"-' day of Saint AN New BrunsmAck 20-L 1,111) 0,03 6 2 152 InspecAlan F)utc: aJuly, 5, :!Dig '�tand'ir& Officer IMpections, C,onducted by. Rachel Va,,it' «Vaft, ENT I in trodIIS„` io yi Inspections of L'Itc properly att 143 (14tilfbi-d Street, Pll):O, 36,2152,, have revealed, (hat there is onc buildin,g otr the Pf'onlise Ohe "11u1kJirt1,-,"); a fbor-morcy, four -Unit ap114,11vot lrwitding,, Slaff"firsi became aware ofthe propeny"s vacangy in Ooocnibut, 2009 and began Standard cnf'orcciveat procedures, In Aprd M 3, as NotjcQ to Cotuply wa.s issued fbi, the Buddhg and Oic rcar ell was damol6bed by die pmpcmy ctwnev,, I'l-le plxqxrty is located in thc Cii.y's b',,iwcr %st; Side in a AMse resicleliti.,,ji 4onc% The Building is a hazard to by dl'&-ifety of, tile PAAO by Ivason of bdng WOM, by!toason of dilapidaticin. and, roa,vx)n ofc un,54,,)undnc8s of structu'ral sixength, 1) hic U SM on TIC HUdIng K M i3l wit'll the -Saiw hVin Con -0 ht,�y (ap^vcj Olw'gt'wou's Buildings alid , Sowcl'twus "Ry-hnv Nurnbi,-r, M-30, aw,�,d, arricridiiwrils, Qwk) Oh(By-law"). Unliglatl,°remise Cenditions Sull -, , sectiorh 6u 1. of t�he By-lavv slaw os A pemon shA pen mit prowses owitcd Orcocctipied by hnn (ir her ki bc,' cmdiglMly by powAMmg to rMn flat uny part of,sch pretnise,,',, 60 any ashcs,j utak, rubbish or ret,,'ttse� (b) aft of lvood OtxvingSl' 1", ca" "w(fiJM or otherresidue of or cA)nstruc6ow, 6j a clemlict valticlo, equipnicrit, nnalchincry or Ow bixty of'ariy part of a or (4) a dillaodwWd budding, ITere is an acannuMon of junk, rubbish, atid rcfusL on the property. ',rhese itcri-Is inch'k1c, but aric" rt'(R linlitc(l to; 1W a Ack liod finer, living rmmm chMr, imt, scat, blue cal -p, liasebo,ard bemvr, p1a,sJJc,'htxkcts,' wi',octden ho,,ixcls with protnidirig ON and Ml tr var[wAS 14)(5SU Mid baggpd pilhagn, TO; a0rcmicn6aned arcunuflatk'm ii,(Junk, rubbiO'i, and wfll,WiS LHAS'igllrtly. 2. C(Alstructio'll reAuc retmains hw1he dmnct] iticm ot" the roar ch of the Building in 2013 wN a wooden 1PI'al5i'mil and concrcte finindation winaking in the rear yi, Tbe oenNA119,r'"iduc fivni the Krulitkni is unsightly. he Bui Wing is d HNAdMod. "rhe fuscia a,ir-M soffiat the Icip frorti., of zoic budding is Imme and inhing The dornier above flic fi-ont door »tf® the Budding, whicli exto"'xis over, thc sidewid'k cin (luildfi.)rd Strccti is sloped ant) Odfin6, away Proaln the Bkiikling,, 1 h stone rbk,vndM% ori the left skle, Bui]&,,tg is (-'t11fl)bhng" 11i� dw,rs zind 'WiMlOws on 11)c loft and rear of the- 13LIA1111,n,g 'boarded -with, plywood and 1"here is a gap in 11te rear foun(lation Vac,ant And Urtoccupie(") Suhsec,Iion 6(2), offlhc'E't)--liar , stmesv NO ple'r'soll ShIll I pmmvl a huRAng or odwr sMmhuv o"mcd or occupial by th,u 1,'jerson to becorne R MUM to Ow.- si&tyo(" the pul-,olic 1',)y remon cl,f hoing wicant or. unoocupicd, "Fhe v) tl'to S't'11'ety Of" Lhe p'ubJi(, by reascin of Naainqg vaca,,nt cr UE1OCC.--L-1piCC1 R')t the reasons:' I , Hvikhngs th.at are itn wi dQUawd, conditiori call attrafj vatndafistm, arsOTI, M Crinihn,all activity, as, Nmell as posic, a hazard 41 Oto, 14rFety of the public a,nd devahm,c. homes in the surroi inding ai-Qa, rherc is a pallice rqpcn on Me dated May 2017 qalitig, duat teena)'ters Wem ReaWng acral (;Jlturing the Buil(Jing, In nulmet"Oki's h"I'cangio ns thi-O L�l otit theinterior offlpe Bu i Wing Him isr evi(lencc of trespassers wi tit graMW wdtten On thea -111c (JAY 01" Saint John Finance depamtneni confinned OW the ',A,ater hats, bcxm, trnmod W sirim ApHl 20H), SAM WE Enogy conkmied rhat tho power liars bmt discomiected sin,ee 1urie 2003. 2. "I"[WiV is 'i lir Ld�ier' ri. k ofa tiro event ooei,'ming W tile prvperty since it Js known 1c), the llul.'Ai'c that the Building 6 VIW�11]t L11111 aLbaudoned, A, proprty in, close proxi-mity on lu-dJcYVV StIcet sustah,,"tr fire rucendy in fune "2018. "The 13-tidding sham, a corlanu.nl wall Wi"I'll JOIL r1 ghbl"n-ingp" occupied, apadmient budAing al 141 (It IRmll Shed and is in clo'w 1'roxi'l-flity V�n tile five- urvit apaftinenl bwAding located at 157 Milfind Stroet� tfii fire evoit w,,r,e to <:)Ce'ur witt)jin tile 13m,1dJtq';, il could, sprevid to, nuig411"rorin,g, properties -A1]1jCj) tv o 1.1 k) cause tsigj')Jfic'4"I'at dalmage 1,0 the buildings and e-ridanger thh-ves ofthe Ocompams, 3, Ite Buddhg is hazamlpus as it A abandonad Nvilh no s:one responsible 6or in aintertance, s;,,Otwhy and upkmp,, The City o,r Sai',nt Johri obtained xtri Entry Warrant to conduct sm internal hiVcciiogi cif the due to the rail mvncr wl.vo liar t"lled fi,)r bankrkiptcy. I'lle Nu'ik holding Lhe mortgage adzed tho pn.")vert y' bankt-LIP(Cyl pea 'MCC(l ij'jgS amd has sine conkmed Ma"bey hxve r0h)quishu%] fileir responsit-61iry fb'r the pruipurty, 'I'lierefore, thec: is nc'orte to secult th'c tx,1i1dhlv,4;, nmintain up keel'i requirod, oc�rtduv re'lpairs ('1'r d'elli'olish the: 1")UH(ling. 4Theiv is a. concerit (,br einerp,,Qncy persomind salfty it the evem of an im"')(rgcncy� 11" Mara Ir. Antr raa suspect tllere rna' be people: itiside, the Building, it waWd, be tel CXPOU -1-iey vnay be requi-I-Od ter C-11iff it, Thic Julyv 5, 201 M haeriar inspection Wind tummoms ampiints of garbage a"n-vi house'fiol'd Rn-nilLUe ffirvi,lughaut lie Building. Vim it avul hazardordd restrict movanwa of emagomy persomell skuld thqv rte.ea l to ga'tl etltl-y111 t[WIV "13"Mil's one cxk in and out of the EBUildil1g, CIUC k) tire '[)1TVir)U,$ rerInoval and MGM of W Mar ell. of tlair Building and second exits, "Ne k�)nly pnoviAling accfi7orn the ftrst Morey to the sacmul Wvcy is wwooden ladder. The suds 1moviding access tcA, die With storey are nan-ow, stc%',.,,,p anj c;IAj-veLl xvidi short treaA deptfi. l Ire exilinga.a.rtrl a=Ms to 411 storeys, of tbt,,� ll�rp�lLar presertis a dariugcro'�,xs tJtumion, an emer"getWY INTsO11110 ShOuld, they need m, gain entry w tiie I'Milpidated BuildingCon(fitions, IIOFVIy vh ddavidationor sirLICWTOI SN'eljytj'j_ The Building is a hazaid to, the s,ajtjy oF jhC puMic by— az follo"'iN.tg reasons", mcni of dilapidatAxi tier the I. Eix ten or Co ti do 1: i or s' w 'rbc fan and Mt art Me.Mant of the BONN is loose and iniming, Shoulot f4rifi= pieces of the thscha and ;"Offil 01,116rh[C U) dCterk.-Withe, they U)'Li[d [-1,41 1"RA,"11 11M, FCRIT-Slorey� bud('Jing to (he sidewa& below causing severe, personat iujuiry w pedestrians, In ,ulditioro, t1w, inissilig filwia Mid soffit conlributuw'a to di e hick of a coinplew b uilding anvefope, jalpaaing the WQathcr-proofink, tA, flrestru.dwv and fiArthering (1w 'I'lle durriter, abowe the ifont ado (A"' the BuIdAg is dBodated and jy%q"; a,iway 1"tcoin the Buildiq& 71w donnvx is appiMiatately, 2 tricicr�,'tbove grade and exterulk, ovor tfie sidewalk or, Guildford StreoL Tile d0nner could fall an sidealk PmAwhws and cause scrious personal 1, wy, The rear Nvall Of flie been coinprornised by axtensive rot and Water damage data. 14) the lack of an appwpriate building esivelupc4 I"he roar OMON WIH is ruissing siding dicr%re prucipiUltioll i's al)[e to 11enctrate: the eXt4a6,01' NN,111, aCCk"IeTating the deu,"li<)ration and oepitively irnpacjjjjg tile s sottr 011,ess 01'uhe strttctwx,,, 2. Interior Ca: ndiric)rvs'a Bl„r rt i as signiricat'it ourt,rwin of racocni fbees wid dQ'S(rVCti01'1 CYUSNJ by r0,0100011s Within Ow Building, The evid ence r.ul arauiaaraal activity is ""ippomant 011 tlle thitd illoor ('& the Buildi0k, �,rc a significard: MIUMIT)t a kISUILMA(K) dl)j , w h L Onudh MAIng Is ScaUvrejeoveririg the floor, 1"'zirge, Voluti-ics of [bets c�in b,e fi-rixnd cyi the wound, INd and Runlh I'loors oftlw Bufldir)g. Wild animals siac.h as raccouns cam uarry Asmwes and cause co,ncern fijr public Safety. PiOces Of (b-YN,A! have Men Am t[w Ceiling in atnrl'CrOUS k"cafiools Mughout the HM!Wjng causkg hazardous wndh;ians It Mose whu niay cmzr the IS 0 d by, The ce H in g on th a 1°i°:auurrJ1 110 or Is c,a v i 1) g i 111, w i U, ru:n;i in i n L dry waU bow1g. The exit syMan in the AMC lea s bum Amnitjoahsal OS Lhe rear ell muf exic swhs have been -retnoved 1�'ro'nl thea '17hCre is on[y cmk� paflh. Of trLavet toy I''pa'i'a entry to” "dile've;js of' thic Huilding. The sul6r"'; provkliI�Ig ttc'cess fton'i 111c, first st(�'Yrcy M fie secxmid Morey is a wooden ladder, The stairs provkUng aOCCSI; LCI (I.IC fi.,)AIrth storey aaq4 narroix,, stuep atnd curved wittt show rt, "I'lle exiting pows ox) eparernety Ilazardetis and dangen-ous situafi,c�ll Bart 1111,A)SIC "Who nia,y enter tht; Building ()r ttrnvrgency per%onnel wrvices MaS inatid is pmsaw Uvoughout t.1,1e Btjijdi.ng wtfleh poses, relsj�-'dratoq hazard fiir d'tosc who rtiay t -"rifer tjx. 130311(hu"& Strucl',ti, rally Uttsauiid Buildhiig* Subsectiori, 6(3) offli,ai: states No penstni,shwll t)errnrl as budding or wher structure owned ur cxcupied by "rho roof symem is slrwturally unsound and Wng in on the klu�rdr "s"I"orey (.)I The BuiNing. 11r; drpmall mid OWN= has full to eedij) & , I ,h woode,',n rciofnienibers are'bowint""' I 11'w floors wr soh in nwu mo�us lucadons dwoughclutthe F] piu-tici:11,11AY, i')n tilt'! ('"Irst floor and At Moor. Personal Qkwy, couki occur if die fh)odqg s ystt;rn was to ('a i I tinder H v e Ion d. 3, The f"'6urNcIalion, (4111C BLIAIIIIg I unmnmd,, The Stolle on (he left Ade of the Hudding is cruiribling asumid a grairnd Wor window. Tbere is a gmp in the rem; Pundation NW cof thQ 1',ni-ilding, allowing the, entry of aniFnals. ,ac k: of prot)er Wundation support Wr be Budding WHI camse WhOr c,1lir iorafion at -W structural issues th ru Ugl'k) tit the Ekiiildhg. 4T 1111C III -St at)(J. SLL)rey (W die Ront wail of the BuJI(fing" is hulging, '['he platti)rtn 01 Chu rear of the RuAding %Illere the rear (Al wa's denrohfla(:d ill 2(H.3 isgull ca aider` lowl- Pcwscaiwd injury could occur flus platforin was ter 410 un&i We knd. b,,, he ftord, d(xn of the BuBding is unsatuxi aml is puHhg away fi-oro thc B t'I i ld' ing., 111c dorrn'cr is �2 awlens above grade and exWnds Dva Me sidQwalk on Guikifoixl Strcct, Itw dr'Prnx,-,,r wuld fall aura WWI, pc(lestriarts zrnd cau.�.se scr4mis plersorial injimy, Reqn,ired Reisiedial Actions "['he owne'riliLus'] witll one oC flw, two oplions stated bekw Oplhni I: Roliedy the Gondiliorls of" the BuNdWg through all rep,p,,trr artd reincdiaa] actk)r.is as Uwwss J, 1711C, PlUilding n�ust bc trrul�lrmust be S&fefc�(�) ej�ej y ywj to enqnmody the ab,ow yg mai nts CA,` the NOW Ad&Ujg We qf t2(011(r) as we'll as 111 odler rl pl,) f i CL'��)]'Ae by -taws, 2. The RuRdbig rnwt be nntrntain.e<I, kq)t SMAJ!"C., 41ad ort ,.,i roubnelmsis Wile the propedy rL',,j:n.,mns va.ant orunocoupied. :3- A detzitled plan niust be subinkled to Oo.t (IrowtFi and in unity [)('"Velop'trlew Servies Dwartruent of the Ch y of Saki IWIn (thc l'ur rexiew and oppmal, The plan should allso inchtdC 'I S,Chedble ("or the Aork that is, to [)c carried oiO, The repa-irod, BUO'ding Illust WIWI OW Nafioand B'tidding,� Ojd(ql INIO&I (2 010 as Well arae Otter oplilicahle codeTs. :1„ The awl daited pl'an' inic'ldfirt'g selle&,des g ept)rts,, intist he any alilproved by (fic Deparlawnt upri,cwito 0,10xuncnck-i,g rvpa iT swork, j, 5 A h�,rikfing J,),o 4jbtaincd IN rami awl all aj,-)l'flicable wn,rk, prior wt comrswncing said work Kni the Chy of Saint John in order to conqAy with the 111010'?, Buihfinq- OyAw, By-law I unib�a- LP, 102 and ttlu "'Sainy john 'Otdtding 6. The prcliiisc i1just Ji,e clearQd of all &Wis folund on the oroneriv, includine anv Pith—'all allPfi0able, BY-1,"INS, Acts, Codes- and Rcgulations, Option 2.- Demolitiall OC [hC FWUMng Uld SACWIUp of afl debris c)rj Ow prenii�a,by con,iplying witli all 111c, ac.fin,tis its GAI,Ow: 1. Ile Budding mu,,st be deniolished to, ren"Ovic (hu Mani to the salty, of the pumic by f,)fddapidwjOn and by rmwan of bck,g or unowupied, 1 A deni,ohlion pemit nnst bc: obwowd fwwn,�l the (Ily (A' Sailit John fil ord'or to coxiaply'with f""he Seii�iv J(')hn 3, The pmulbsc naNt I-ve o�[,` tile We dgMObHMj wW We kA nnwt be mad -c rc�i�onalfl.y level with 91-0(1c SD as to not crcatc a alfing li,,,Azard. , or fi Ad debris ti,wm be dkposed w(at 01 ',1�pj?J7()vOd solid Svc isav disj,.,),o,sa,1 sitc., and iri acvordanc."e with A qNSWC By-laws, AOs wul QgUhAions. Docrunimed prooF, that Ocarly demo iii rates all appl-oved sifl id, waste ^(,14�lx,)sa[ �J(c A!,,is nsed, col, Ole (fisp(),qa,1 of"dehl+,i, tlwsl be, provided to'dw Ok"pal-uncilL 4. All debris that is current(y wi the preake armA be w-cauvved atid at all as lea" solk! wamic di.spoml sh% and in accordzanci� with ,a] I �apjjlicahle By -la lxa,, AC -AS �mxl RegutatiollS, L)OCU111CMUd pnQ that. Andy dec% an tnowsij,zi solid wasi�c dispo,sW Mic was used A the dispns�,,it of'fld)ris, inust be pjx,�vidccl, to te Dcparn'vtela 5, "The propmy, nwit be in coinjonce wid, all UPIARM By4awl AM ond RegidaiNns, pre,pared . ............ . Yvall, 1„111”a c G1,1 W, tit aix , J, %zN!4,wcd b,y and concjurrc4, iti'by! Amy P tll� 11, Eng, N113A HUUMng lnqwcWr, Doputy conlinissioner Chvwth and cow, nrl ull i 1�y ,Da velop 1,11 ell Iscr%izt�z SUBMISSION T01 COUNCIL FO�R,M IhOty OtWW id"t First Narne- John Last Name: Colwell Mia,il�ing Address', 190 Golden Grove Road City or Town. Saint John Province: New Brunswick Postal Code: E2H M Diay Time Phone Numbel'�:: 3i33-7748 Ema 11: chd� here to mter text, Df y,olu do NOT wish to have your personial information (address, phone number, email) become part of thle public record, please chleck this box. Tic of Submission: MisInformation provided at rezoning Application of 1003 Latimore Lake Road Purpose for Submission, (what is the asik of Council): To pirovide clarification of the M cl 10,03 Latimorei Lake Road, Executive SUMMary: At a Common Councli meeting on July 301, 2018, Saint John City Council voted to reject a rezoning application for the Property at 1003 Latimore Lake Road, 11 submit that Common Coon on misinformation provided to them by City Staff, I woluld like to provide clarification In that City Staff permitted a Pit anid Quailrry operation at the proplerty In years 2015, 2016, and 2017. MINIM rype nan')e here, Date: 2018-08-15 From: Gina Carter [mi Ro.G n Sent: August -09-18 3:32 PM To: External - CornmonClerk Subject: Invitatiom United Way Knck-Off Lunch Good Afternoon, I am sending this invitation for our upcorning Campaign Kick Off. Please let me know if you need more informatuon for this request. Join us September 19"' at noon to for our annual Carnpaign Kick -Off Lunch. Bring your team and show your LOCAL LOVE by helping us launich our 2018 Campaign. Contact Giina to reserve your taible or tickets 6S8-1.21.2 or f.,2.rr gj, I Thank you for your consideration, ml J �I�1 R, Unkteld Way Saint John, Kings & Char1otte J ,e- -, U S F 0 R CAMPAIGN KICK-OFF! TICKETS.- $50 TABLE OF 10: $500 R�S.\/�P, (506)6,58,,1212 AMIM111A F', L "Y' A R U N % W o C K WAR] O'Connor, Colleen . .... . ...... .... From Sient: To: Subject�: 6W. rwirfmf Good rnorning Colleen, Becky Knox < bknox@sjport.cotTn> AugL)St-15-18 11:58 AM O'Connor, Colleen September Seafood Fiesta Sea,food Fiesta MKP,jpgi Follow up Flagged I'm "rithig You Ind"Iy hevause Your oq,'anizalion is a regular attendee cofoLir annwfl Port Days' Seafood Fiesta As you niay know, Port SaintJohn is hosting the Association ot'Canaclian Port ALIthorides,' (ACIIA) 601'�' innwfl i m, and comi'gem,,& fi-om September 10- 13, 2018, As Part rot this cNvnt, Pon aml the Pon of Ldifilx have come toge0icr to present the Nlaritime Kilefien ... ........ - Party Gala on Sepiernber 12, 2018 ea the Saint Johr ['rade and Convemicm cutrcThink bigger, better Scaft.xsd F'iesta with a h1fle extra q)(mi to aCeonvnodate oka of town gmsts, You can read uiore about it J.DC'N' T'ilckets can be purchased individually cn- for a, table of lO 1Iwl!le unfil Septeiriber 9, 20 18. And., ify(nCre l(N)king to slay tiptomi, wveve got an special group rate at I fihon Sa�ro h 51m, Should you have any qUCStions about Marilitne Kitchen Party lickeis, pleasc comact Angela I IdIpin at 31 I hope YoLi'lljoin LIS! Cheers, Becky B cc ky K Marketh,rp Coordinator mummu foa,init Johr,,�i Povt Saint Jolm Cell: (506) 608-4021 Maritime Kitchen Party Gala Tickcts, Wed, 12 Sep 2018 at 6:00 PM � Eventbrite Page 3 ol'6 F�7)1 D E SCRIP a t()N cm fic � c ncc tort John r" pdcvisc"d be H'w hos� of /"'('P/V� 6'Oth Annivcisu und Arir'�L,u.,d Genod k°blcea ung and HIN'He", you tc) 1p)fn us 1"or. i Nlaciwm" Kkchen Pry G'r.ha c("Al"w1m,on! Wednesday, September 12 6:00prn - Reception at the Long Wharf Tent 7:00pm - 10-001pm - Dinner & Entertainment at the Saint John'Trade & Convention Centre E ri t e r tai i -i n c.,� n t Lr y t_t, M A �i w aj i d wuaiw -i e rs G or cl i eM a c� K e err a1-1 a read s [Rr,hyfl-rrn Bo'.ys Enjoy a fabWOL.JS surf and tUrf bullet which urrckrAes 2 �obsters with ead ticket -r t, Tickets aAtithout 4obster induded are also avaHabe, Tickets are n c) in - r ef u rr d a b e. Tickets: With lobster: $1610,00 + IIST Without Jobster $110.00 + FIST Table of 101-1 $1,,600,00 + HST For questwns, pkease c,,1(.')ntadangela( )po et.z^Rk,,.)i,orit,ictior'-rs.ca 281 1 u ps: //Nv w w, c ven t bri 1,c% ui/chn a riti n ie- ki t chen -pa H y -gala - ti c k e ts-44981)7676°06 15/09/20118 Maritime Kitchen Party Gala Tickets, Wed. 12 Sep 2018 at 600 PNI I Eventbrile FIge 4 orb DATE AND TIM,., \A/c' d. N 2 Sc.,. i I (,, n) [,,w r .atm 1 S 6:00 WA - 9 0 Om O A D f Acid tri Calendar m9amaimm Saiw Jolm Prada & Convenk.mi G Marke�, S(r' umc ��ainl JohnNM �-?I, 1/6 VNew Map PORT SMNT JOHN Organizer of Maritime Kitchen Party Gala 110 Website III PortSaKJAmi 11 AnSaklkhr� Art SaNt k9m is pleased to be the host of AC 60th Anniversary AG�M 9, Conference 201& Port Saint John is a part of the critkal transpart ation inkasVudure of Canada and a cornerstone of the New Ba UIISWiCk economy. Our mission is to rwoaVvey manage, in a sustamnabe rnarmet, the provismn of infrastructure and ser Oce for prment and future Lmers of Port AM John to Me econoadc and sockl benefUt of the surrounding rejjiorm, FOLLOW C 0 N'T Ir AC T 282 hupsNAvmivxventMincakhmmidmokh� clici,i-I-),,,ii-ty-gala-dckeN-449897676(,)6 15/08/2,018 1011111, 20 Oft 11RI dO46. � 410 d,,nner iiiiisnon rariv Uaw P05 ta�nment by e:nter _Keem an fdl, Mair Swollemb, iewir 12,,,2018 and bks Saint John Trade & Convention Centre Pre -dinner reception at Market Square Atrium Purchase tickets & tables for the Maritime Kitchen Party Gala on E vea�r'ltbrite 830�11 pour 'avemr ACPA 2018 Midng for the, Future Proudly Sponsored by Canada's Maritime Port Authorities: flo;!T.�,'aint John WIN Rytof r'O RT BELLEBUNE The Committee of the Whole, having met on August 20, 2018, made the following recommenclatiov. RESOLVED that as recommended by the Committee of the Whole having met on August 20th, 2018 Comm vn Lrww�-M-2-��, ;N"tr. I the last quarterly Regional Facilities subsidy payment early to the Canada Games Aquatic Centre (CGAC) of $118,646 as well as interim financing for the remainder of the quarterly subsidy of $58,040 (other communities portion) with a request to have the CGAC come back with a report on its plan for the remainder of 2018 and for 2019 at or before the September 24th Council meeting. Sincerely, Don Darling Mayor - - ----- ------------- I'VE 11 4"', 'ale (Ity of saki t John H =4 11111111111 Zzffwl� III MI -EM MR., I - - WTZMF75FIF "r7m T recommendation: RESOLVED that as recommended by the Committee of the Whole having met on August 20th, 2018 Common Council approves that the individual identified as Employee No. [REDACTED] be granted a pension pursuant to the terms of An Act Respecting the SaintJohn Firefighters' Associatioe. Sincerely, Don Darling Mayor ,111-11�N .......... ................... I ........................... . . .............. . . ...... . . . . . ..... ............ ... . . . .. . .......... "+I,I N'l '2., j f, j� 10 MIR