2019-01-14_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Monday, January 14, 2019
6:00 pm
8th Floor Common Council Chamber (Ludlow Room), City Hall
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
2.1 Minutes of December 17, 2018 4-15
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Saint John Tool Library & DIY Centre (Recommendation: Refer to the Clerk to 16-16
Schedule)
5.2 Planning Advisory Committee: Subdivision (Money -in -Lieu of Land for Public 17-28
Purposes) 944 Fairville Boulevard (Recommendation in Report)
5.3 Terms of the Fall 2018 Debenture Issue (Recommendation: Receive for 29-31
Information)
5.4 Borrowing Resolutions (Recommendation in Report) 32-33
5.5 City Market Lease with Chicken by Felix (Recommendation in Report) 34-59
5.6 2019 Insurance Premiums (Recommendation in Report) 60-62
6. Members Comments
7. Proclamation
8. Delegations / Presentations
8.1 Lord Beaverbrook Rink Presentation
9. Public Hearings - 6:30 p.m.
9.1 No hearings scheduled
10. Consideration of By-laws
10.1 Business Improvement Area 2019 Budget
11. Submissions by Council Members
11.1 Expanding the Saint John Common Council Committee Structure (Councillor
Norton)
12. Business Matters - Municipal Officers
12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 1536 Loch
Lomond Road (PID 312744)
12.2 Winter Management Plan Overview
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
17. Committee of the Whole
18. Adjournment
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City of Saint John
Common Council Meeting
Monday, January 14, 2019
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en fran�ais pour une r6union 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:
5:00 p.m., 8th Floor Boardroom, City Hall
1.1 Approval of Minutes 68(1)
1.2 Potential Litigation 68(1)(g)
Ville de Saint John
Seance du conseil communal
Lundi 14 janvier 2019
18h
Salle du conseil communal (salle Ludow), an 8e &age de I'h6tel de ville
Comit6 pl6nier
1. Ouverture de la s6ance
Si vous souhaitez obtenir des services en fran�ais pour une r6union du conseil communal,
veuillez communiquer avec le bureau du greffier communal au 658-2862.
Chacun des points suivants, en totalite ou en partie, peut faire 1'objet d'une discussion en
prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le
conseil/comite prendra une ou des d6cisions a cet egard au cours de la s6ance publique
17 h — Salle de conf6rence, 8e 6tage, h6tel de ville
1.1 Approbation du proces-verbal — paragraphe 68(1)
1.2 Litiges possibles — alinea 68(1)g)
S6ance ordinaire
1. Ouverture de la s6ance
2. Approbation du proces-verbal
2.1 Proces-verbal du 17 d6cembre 2018
3. Approbation de Pordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a Papprobation du conseil
5.1 Saint John Tool Library & DIY Centre (recommandation : transmettre au
greffier pour qu'une date de pr6sentation soit fixee)
5.2 Comite consultatif d'urbanisme : Demande d'amenagement de lotissement
(compensation monetaire pour un terrain d'utilite publique) pour le 944,
boulevard Fairville (recommandation figurant au rapport)
5.3 Modalites relatives a F emission d' obligations de F automne 2018
(recommandation : accepter a titre informatif)
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5.4 Resolutions en mati&re d'emprunt (recommandation figurant au rapport)
5.5 Bail conclu par le march& municipal et Chicken by Felix (recommandation
figurant au rapport)
5.6 Primes d' assurance de 2019 (recommandation figurant au rapport)
6. Commentaires pr6sent6s par les membres
7. Proclamation
8. D616gations et pr6sentations
8.1 Pr6sentation sur la patinoire Lord Beaverbrook
9. Audiences publiques —18 It 30
9.1 Aucune audience pr&vue
10. Etude des arret6s municipaux
10.1 Budget li& aux zones d' am&lioration des affaires de 2019
11. Interventions des membres du conseil
11.1 Elargissement de la structure des comit&s du conseil communal de la Ville
de Saint John (conseiller Norton)
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 D&molition du batiment vacant, d&labr& et dangereux situ& au 1536,
Chemin Loch Lomond (NID 312744)
12.2 Aper�u du plan de gestion hivernal
13. Rapports d6pos6s par les comit6s
14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil
15. Correspondance g6n6rale
16. Ordre du jour suppl6mentaire
17. Comit6 pl6nier
18. Lev6e de la s6ance
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COMMON COUNCIL / CONSEIL COMMUNAL
December 17, 2018 / le 17 decembre 2018
Aft),
r Rn"
MINUTES—REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
DECEMBER 17, 2018 AT 6:00 PM
IN THE COUNCIL CHAMBER
Present: Mayor Don Darling
Deputy Mayor Shirley McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 Sean Casey
Councillor Ward 2 John MacKenzie
Councillor Ward 3 Donna Reardon
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Also Present: Acting City Manager N. Jacobsen
Commissioner Growth and Community Development J. Hamilton
Fire Chief K. Clifford
City Solicitor J. Nugent
Commissioner of Finance and Treasurer K. Fudge
Commissioner of Transportation and Environment M. Hugenholtz
Commissioner of Saint John Water B. McGovern
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
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COMMON COUNCIL / CONSEIL COMMUNAL
December 17, 2018 / le 17 decembre 2018
1. Call to Order
2. Approval of Minutes
2.1 Minutes of December 3, 2018
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the minutes of the meeting of Common Council, held on December 3,
2018, be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the agenda of this meeting be approved with the addition of the
following items:
• 17.1 Recommended 2019 Management / Professional Employee Annual
Economic Increase; and,
• 17.2 Mayor's Office Executive Assistant
MOTION CARRIED.
4. Disclosures of Conflict of Interest
Councillor Merrithew declared a conflict with item 17.2 Mayor's Executive Assistant.
S. Consent Agenda
5.1 That the Cities of New Brunswick Newsletter Winter 2018 be received for
information.
5.2 That the K. Nixon Letter re Street Lights be received for information.
5.3 That HMCS Brunswicker Request to Present be referred to the Clerk to Schedule.
5.4 That as recommended by the City Manager in the submitted report 2018-358:
Acting City Manager, in the absence of the City Manager, appointment to the position
of Acting City Manager is hereby made of Michael Hugenholtz, in addition to the existing
list of potential appointees, namely Neil Jacobsen, Brent McGovern, Jacqueline
Hamilton and Kevin Fudge, in accordance with their respective availability and the
matters anticipated to require attention in the City Manager's absence, with the City
Manager to administer the arrangement.
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December 17, 2018 / le 17 d6cembre 2018
5.5 That as recommended by the City Manager in the submitted report 2018-352:
Proposed Public Hearing Date — 3700 King William Road, 1350 Hickey Road and 93 Loch
Lomond Road, Common Council schedule the public hearing for the rezoning and
Section 59 Amendment applications of F. Andrew Simpson Contracting Ltd. (3700 King
William Road), Residential Contractors on behalf of 616813 N.B. Limited (1350 Hickey
Road), and Brenda Defazio (93 Loch Lomond Road) for Monday January 28, 2018 at 6:30
p.m. in the Council Chamber, and refer the applications to the Planning Advisory
Committee for a report and recommendation.
5.6 That as recommended by the City Manager in the submitted report M&C 2018-
356: Municipal Approval for Winter Love SJ Special Event License, the City grant
municipal approval for Winter Love SJ to seek a Provincial Special Event License for an
event as described in the Submission to Council as attached to M&C 2018-356; that is to
say Council approval for Winter Love SJ to obtain Road Closure and Special Events
Licensing including liquor licensing for an event to occur in February 2019 (all day event)
on a section of Water Street between King Street and Princess Street, Saint John.
5.7 That as recommended by the City Manager in the submitted report M&C2018-
357: 2019 Community Grants Selection, Common Council approves the following for
disbursement of 2019 Community Grants funding:
1) Execution of the Community Grants process as outlined in the Municipal Grants
Program Manual as adopted in 2015; and,
2) Allow the Community Grants Committee to recommend to Council if none or some
funding should be withheld for a second consideration of Special Events applications
as per the Manual as described in M&C 2018-357.
5.8 That as recommended by the City Manager in the submitted report M&C 2018-
285: Proposed Local Government Services Easements — 147 Lansdowne Avenue,
Common Council assent to the submitted subdivision plan entitled "Subdivision Plan —
Plazacorp Property Holdings Inc. Subdivision", located at 147 Lansdowne Avenue (PID
00370973), with respect to the vesting of the proposed Local Government Services
Easements.
5.9 That as recommended by the City Manager in the submitted report M&C 2018-
351: Printing Service Agreement with Saint John Energy, Common Council approve the
Printing Service Agreement with Saint John Energy for the printing and mailing of the
Saint John Water bills and payroll T4s, T4As and the Pension Pay Advices for a four year
term from 2019-2022 at the costs provided in the submitted report and agreement; and
that the Mayor and Common Clerk be authorized to sign the submitted agreement.
5.10 That as recommended by the City Manager in the submitted report M&C 2018-
361: Proposed Easement in favour of The City of Saint John — Develop Saint John Inc.
Subdivision, Galbraith Place, Common Council adopt the following resolution:
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COMMON COUNCIL / CONSEIL COMMUNAL
December 17, 2018 / le 17 d6cembre 2018
"That the City accept an easement from Develop Saint John Inc. to the land identified on
the tentative subdivision plan "Develop Saint John Inc. Subdivision" dated December 11,
2018 and prepared by Don -More Surveys & Engineering Ltd., to the land identified
thereon by the words "Easement in favour of The City of Saint John", for the purpose of
(i) providing the City by its officers, servants, agents, contractors and workers, the right
to enter the lands subject to the easement with machinery, materials, vehicles and
equipment and to construct, alter, maintain, increase the number and/or size of water
pipelines and any like local government works including all related works appurtenant
thereto and; (2) also for the purpose of providing the City by its officers, servants,
agents, contractors and workers a right of way to and over the said lands for the
purpose of gaining access and egress to and from the City's water utility infrastructure
located on the adjacent property, in all cases subject to the City's restoring promptly
and as far as is practicable the surface of the lands to the same condition in which it
existed prior to the commencement of the work or excavation, together with the right
by action or otherwise at any time to enjoin the owner of the lands subject to the
easement including the heirs, executors, administrators, successors and assigns of the
owner from erecting or locating on the lands subject to the easement any building,
structure or other obstacle which could impair the free and full use of the easement or
permitting the erection or location on it of any such building, structure or other
obstacle."
5.11 That as recommended by the City Manager in the submitted report M&C 2018-
359: Canadian Institute of Cybersecurity Membership Agreement, the Mayor and
Common Clerk be authorized to execute the Collaborative Research Agreement
(submitted) with the Canadian Institute of Cybersecurity (CIC) for a one-year Strategic
Membership to carry out work related to enhancing the security of the City of Saint
John's information systems and data.
5.12 That as recommended by the City Manager in the submitted report M&C 2018-
363: Fleet Replacement Procurement — December 2018, Common Council award the
purchase of four (4) Tandem Roll -Off Trucks with attachments at a total cost of
$1,833,903.72 plus HST to Universal Truck & Trailer.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out in each consent agenda item respectively,
be adopted.
MOTION CARRIED UNANIMOUSLY.
6. Members Comments
Council members commented on various community events.
7. Proclamations
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December 17, 2018 / le 17 decembre 2018
8. Delegations/Presentations
8.1 Yacht Haven Lane
Referring to the submitted presentation, Graham Taylor, resident Yacht Haven Lane
addressed the request from the residents of Yacht Haven Lane to have the street status
changed from a private street to a public street.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the submitted report entitled Yacht Haven Lane be referred to staff to
come back to Common Council in February 2019 with a report.
MOTION CARRIED.
8.2 Winter Love SJ
Referring to the submitted report Winter Love SJ Casandra Goodwin and Lily Lynch
described the proposed Winter Love SJ event.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the submitted presentation entitled Winter Love SJ, be received for
information.
MOTION CARRIED.
9. Public Hearings 6:30 PM
10. Consideration of By-laws
10.1 Public Presentation — Proposed Municipal Plan Amendment re: 179-185 Golden
Grove Road
J. Hamilton provided a Public Presentation for a proposed amendment to the Municipal
Development Plan which would redesignate on Schedule A of the Municipal
Development Plan, a parcel of land with an area of approximately 0.55 hectares, located
at 179-185 Golden Grove Road, also identified as PID Numbers 55057848, 55057855 and
55201750, from Stable Area to Employment Area; and to redesignate on Schedule B of
the Plan, the same parcel of land, from Stable Residential to Stable Commercial, to
construct a vehicle body and paint shop.
10.2 Business Improvement Levy By -Law Amendment (1St and 2nd Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
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COMMON COUNCIL / CONSEIL COMMUNAL
December 17, 2018 / le 17 decembre 2018
RESOLVED that the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business
Improvement Levy By -Law", by applying a levy of 16 cents for each one hundred dollars
of assessed value for 2019, be read a first time.
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Read a first time by title, the by-law entitled, "A Law to Amend By -Law Number BIA-2,
Business Improvement Levy By -Law."
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A Law to Amend By -Law Number BIA-2, Business
Improvement Levy By -Law", by applying a levy of 16 cents for each one hundred dollars
of assessed value for 2019, be read a second time.
MOTION CARRIED.
Read a second time by title, the by-law entitled, "A Law to Amend By -Law Number BIA-
2, Business Improvement Levy By -Law."
10.2 A By -Law to Provide for Salaries to the Members of the Common Council (3rd
Reading)
Responding to the question "Can a council member opt out of the salary bylaw?" the
City Solicitor advised that "No, not as the bylaw is written."
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "By -Law Number L.G.-1, A By -Law to Provide for
Salaries to the Members of the Common Council of The City of Saint John", be read.
MOTION CARRIED with Councillors Casey, Norton, and Sullivan voting nay.
The by-law entitled, "By -Law Number L.G.-1, A By -Law to Provide for Salaries to the
Members of the Common Council of The City of Saint John" was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "By -Law Number L.G.-1, A By -Law to Provide for
Salaries to the Members of the Common Council of The City of Saint John", be read a
third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED with Councillors Casey, Norton, and Sullivan voting nay.
Read a third time by title, the by-law entitled, "By -Law Number L.G.-1, A By -Law to
Provide for Salaries to the Members of the Common Council of The City of Saint John."
COMMON COUNCIL / CONSEIL COMMUNAL
December 17, 2018 / le 17 decembre 2018
10.4 105 Prince Edward Street — Zoning By -Law Amendment with Section 59
Conditions (3rd Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-65, A Law to Amend the
Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning Map of The
City of Saint John, by re -zoning a parcel of land having an area of approximately 316
square metres, located at 105 Prince Edward Street, also identified as PID Numbers
00012450 and 55122162, from Mixed Commercial (CM) to General Commercial (CG), be
read.
MOTION CARRIED.
The by-law entitled, "By -Law Number C.P. 111-65, A Law to Amend the Zoning By -Law of
The City of Saint John," was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that, pursuant to Section 59 of the Community Planning Act, the
development and use of the parcel of land with an area of approximately 326 square
metres, located at 105 Prince Edward Street, also identified as PID Numbers 00012450
and 55122162 shall be subject to the following conditions:
a. A site plan is to be attached to the application for the building permit for the
proposed development and all site improvements illustrated on the plan must be
completed within one year of obtaining a building permit.
MOTION CARRIED.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-65, A Law to Amend the
Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning Map of The
City of Saint John, by re -zoning a parcel of land having an area of approximately 316
square metres, located at 105 Prince Edward Street, also identified as PID Numbers
00012450 and 55122162, from Mixed Commercial (CM) to General Commercial (CG), be
read a third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-65, A Law to
Amend the Zoning By -Law of The City of Saint John."
10.5 4 Second Street — Zoning By -Law Amendment with Section 59 Conditions (3rd
Readingl
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COMMON COUNCIL / CONSEIL COMMUNAL
December 17, 2018 / le 17 decembre 2018
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-66, A Law to Amend the
Zoning By -Law of The City of Saint John", amending Schedule A, the Zoning Map of The
City of Saint John, by re -zoning a parcel of land having an area of approximately 1072
square metres, located at 4 Second Street, also identified as PID Number 00026849 from
Neighbourhood Community Facility (CFN) to Low Rise Residential (RL), be read.
MOTION CARRIED.
The by-law entitled, "By -Law Number C.P. 111-66, A Law to Amend the Zoning By -Law of
The City of Saint John," was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that, pursuant to Section 59 of the Community Planning Act, the use of the
parcel of land having an area of approximately 1072 square metres, located at 4 Second
Street, also identified as PID Number 00026849, be subject to the following conditions:
a. That all signage related to the previous operation of a church be removed
previous to the issuance of an occupancy certificate.
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Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-66, A Law to Amend the
Zoning By -Law of The City of Saint John", amending Schedule A, the Zoning Map of The
City of Saint John, by re -zoning a parcel of land having an area of approximately 1072
square metres, located at 4 Second Street, also identified as PID Number 00026849 from
Neighbourhood Community Facility (CFN) to Low Rise Residential (RL), be read a third
time, enacted and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-66, A Law to
Amend the Zoning By -Law of The City of Saint John."
11. Submissions by Council Members
11.1 New Brunswick International Student Program (NBISP) (Councillor Norton)
Moved by Councillor Norton, seconded by Deputy Mayor McAlary:
RESOLVED that the request to have the New Brunswick International Student Program
present to Council be referred to the Common Clerk for scheduling.
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12. Business Matters - Municipal Officers
17.1 Recommended 2019 Management / Professional Emglovee Annual Economic
Increase
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that as recommended by the Committee of the Whole having met on
December 10th, 2018 Common Council approve a 1.5% annual economic adjustment to
the City's Management / Professional Pay Scale, effective January 1, 2019, and direct
staff to reflect this adjustment within the 2019 operating and utility budgets.
MOTION CARRIED with Councillors Sullivan and Casey voting nay.
13. Committee Reports
13.1 Finance Committee: 2019 General Operating Budget
Referring to the submitted report entitled 2019 General Operating Budget,
Commissioner Fudge stated this is a status quo budget with no increase in the tax rate.
This is a transitional budget that relies on the province's $7.1 million in cash to offset
the city's structural deficit. If the City did not have the provincial cash contribution a
10.5 cent tax hike would have been required to maintain the same level of services and
staffing next year. Going ahead a status quo budget is not an option.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2018-350: 2019 General Operating Budget, Council approve the following:
1. That the sum of $160,257,783 be the total Operating Budget of the City of Saint John
for 2019;
2. That the sum of $123,577,054 be the Warrant of the City of Saint John for 2019;
3. That the tax rate for the City of Saint John be $1.785;
4. That Common Council orders and directs the levying by the Minister of Environment
and Local Government of said amount on real property liable to taxation under the
Assessment Act within the Municipality of Saint John;
5. That Common Council authorizes the Commissioner of Finance and Administrative
Services to disburse, at a time acceptable to him, to the named Commissions,
Agencies and Committees, the approved funds as contained in the 2019 budget.
6. That Common Council approves the 2019 Establishment of Permanent Positions at
627;
7. That Common Council approves $350,000 to the Growth Reserve Fund to support
the City's growth initiatives;
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December 17, 2018 / le 17 d6cembre 2018
8. That Common Council approve $500,000 to the Capital Reserve Fund to fund
infrastructure deficit;
9. That Common Council approve $300,000 to the Operating Reserve Fund to support a
Restructuring Plan.
MOTION CARRIED.
13.2 Finance Committee: Reserves
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2018-353: Reserves, Common Council approve the transfer of:
• $400,000 to an Operating Reserve to cover the potential increase in WorkSafeNB
premiums;
• $400,000 to the General Capital Reserve to fund infrastructure deficit;
• $500,000 to an Operating Reserve to fund the demolition of the Coast Guard
Administration Building in 2019;
• $100,000, which is the amount needed to complete the Market Slip Dredging to an
Operating Reserve to be used in 2019;
• $1 Mil which is the projected surplus in the Utility Operating Fund to the SCDW
project reserve fund;
• Any fluctuation in the value of the City's employee benefit programs due to actuarial
gains to an Operating Reserve annually in order to fund future losses;
• Approve the "Reserve Schedule A" included in the submitted report.
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13.2 Finance Committee: Transit Building Fund Reserve
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2018-354: Transit Building Fund Reserve, Common Council authorize the transfer of
$100,000 into the Transit Building Reserve Fund as a result of the estimated 2018 year
end operating surplus.
MOTION CARRIED.
13.3 Finance Committee: Coast Guard Administration Building
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that as recommended by the City Manager in the submitted report M&C
2018-360: Coast Guard Administration Building, Common Council;
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COMMON COUNCIL / CONSEIL COMMUNAL
December 17, 2018 / le 17 decembre 2018
• Recommend to approve the transfer of $500,000 of the projected 2018 General
Operating Fund surplus to the General Operating Reserve Fund to partially fund
demolition work in 2019;
• Recommend to allocate $500,000 approved in the 2018 Capital Budget for Growth
to fund demolition work in 2019;
• Direct staff to negotiate a Memo of Understanding with the Saint John Parking
Commission for the management and operation of the parking lot at the former
Coast Guard Site;
• Direct staff to proceed with application to PAC to obtain a temporary parking lot and
comply with conditions set out by PAC;
• Direct City pro -rata portion of proceeds from parking revenue be used to replenish
the General Operating Reserve Fund used to pay for demolition;
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14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
17. Committee of the Whole
Councillor Merrithew withdrew from the meeting.
17.2 Mayor's Office — Executive Assistant
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole having met on
December 17th, 2018 Common Council authorize the Mayor and Common Clerk to
execute a contract of employment with Mr. Patrick Beamish, the text of which contract
follows the terms and conditions of the contract of employment for Ms. Jacqueline
Isada, with the term of employment to commence December 18th 2018 and expire on
the day immediately preceding the first meeting of the Council elected in the
quadrennial election of May 2020.
MOTION CARRIED with Councillors Sullivan and Casey voting nay.
18. Adjournment
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COMMON COUNCIL / CONSEIL COMMUNAL
December 17, 2018 / le 17 decembre 2018
Moved by Councillor MacKenzie, seconded by Councillor Armstrong:
RESOLVED that the meeting of Common Council held on December 17, 2018, be
adjourned.
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The Mayor declared the meeting adjourned at 8:02 p.m.
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15
REQUEST TO PRESENT TO COUNCIL FORM
The City of saint gohtt
First Name: II r rit Last Name II S NrN
Name of Organization/Group (where applicable). Su:N°urit johriI a oo� l... br w ,,( & Nu ll CeNllure
Mailing Address: 1.60 u. riilor,I St,
City or Town: ^'sau iilllu:uohiiiii Province: lh'ull , Postal Code: II l u.11'
Day Time Phone Number: 506-608-6885 Email: Il3r wll II"i:NNrNs@s„ N ca
❑ If you do NOT wish to have your personal information (address, phone number,
email) become part of the public record, please check this box.
ABOUT YOUR REQUEST
Topic of Presentation: The impact of NB's first Tool Library & DIY Centre and how
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YOUR SIGNATURE
Signature. ll re'Nllu llU ll �arNs Date: ll Nei ember 0, 203.8,
December 12, 2018
His Worship Mayor Don Darling and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Subdivision (Money -in -Lieu of Land for Public Purposes)
944 Fairville Boulevard
The Committee considered the attached report at its December 11, 2018
meeting.
The Committee heard a presentation from staff regarding the proposed
subdivision at 944 Fairville Boulevard. Staff indicated that the proposed
subdivision is required to facilitate a long-term lease agreement and the
continued commercial -retail development of the site. Staff indicated that the
proposal is aligned with the intent of both the Municipal Plan and the Zoning
Bylaw.
The City of Saint ]ohn.
The Committee called on anyone to speak for or against the application. Andrew
Toole of Don -Moore Surveys and Engineering Ltd., the applicant, noted he was
in agreement with the staff report. No one else appeared before the Committee
to speak in favour or against the application.
After considering the report and the comments made by the applicant, the
Committee recommended that Council accept money -in -lieu of Land for Public
Purposes.
RECOMMENDATION:
That Common Council authorize the acceptance of money -in -lieu of the required
land for public purposes.
Page 1 of 2
17
Don -Moore Surveys and Engineering Ltd 944 Fairville Boulevard December 11, 2018
Respectfully submitted,
Eric Falkjar
Chair
Attachments - Staff Report to PAC dated December 7, 2018
Page 2 of 2
18
The City of Saint. John
Date: December 7, 2018
To: Planning Advisory Committee
From: Growth & Community Planning
Growth & Community Development Services
For: Meeting of Tuesday, December 11, 2018
SUBJECT
Applicant: Don -More Surveys and Engineering Ltd.
Owner: Plazacorp Property Holdings Inc.
Location: 944 Fairville Boulevard
PID: 00397059
Plan Designation: Regional Retail Centre
Existing Zoning: Regional Commercial (CR)
Application Type: Subdivision (Money -in -Lieu of LPP)
Jurisdiction: The Community Planning Act authorizes the Planning Advisory
Committee to advise Common Council concerning the vesting of a
public street and or land for public purposes in conjunction with
the subdivision of land.
SUMMARY
The applicant is seeking to subdivide the property which contains two quick service restaurants,
Starbucks and Mary Brown's Chicken and Taters and create a new lot to facilitate the
construction of a future commercial building on the site The creation of a new lot requires the
assent of Common Council regarding Lands for Public Purposes, or money -in -lieu of Lands for
Page 1 of 5
19
Don -More Surveys and Engineering Ltd. 944 Fairville Blvd. December 7, 2018
Public Purposes. Assent to money -in -lieu of Lands for Public Purposes is supported by staff.
The submitted tentative subdivision plan illustrating the location and dimension of the proposed
lot meets the standards of the Subdivision Bylaw. The proposed frontage does not meet the
standards of the zoning bylaw; however, given the nature of the development, staff is proposing
to process this as a Development Officer's variance.
RECOMMENDATION
That Common Council authorize the acceptance of money -in -lieu of the required land for public
purposes (LPP) for the proposed subdivision plan for 944 Fairville Boulevard (PID 00397059).
DECISION HISTORY
Our files indicate that there have been no previous decisions relating to the subject property.
ANALYSIS
Proposal
The applicant is proposing to subdivide the parcel to create a new lot for a long term lease
agreement for a new commercial building on the site. The creation of a new lot requires the
dedication of Lands for Public Purposes (LPP), or money -in -lieu of LPP. Given the oversupply of
LPP that the City has acquired over the years from subdivision applications, the City's
Subdivision Bylaw, adopted in 2016, directs Council to accept money -in -lieu of land whenever
possible calculated on the basis of eight percent of the of the market value of the land being
subdivided
Site and Neighbourhood
The area surrounding the subject site is comprised predominantly of large scale commercial
developments that have a regional draw, particularly servicing the communities west of the St.
John River. The proposed lot will continue to be owned by the applicant and the subdivision is
legislatively required to support a long term lease agreement. The proposed lot has an area of
approximately 2944 square metres and a lot frontage of 16.2 metres.
Municipal Plan and Zoning
The subject property is located in the Fairville Boulevard Regional Retail Centre, which is a
more community-based Regional Retail Centre intended for less intensive, commercial retail
and service -based uses intended to primarily service residents west of the St. John River.
The proposed subdivision will facilitate future site development that is consistent with Municipal
Plan policy. The subject property is zoned regional commercial. The proposed will require
Page 2 of 5
20
Don -More Surveys and Engineering Ltd. 944 Fairville Blvd. December 7, 2018
variances for lot frontage and lot area which staff will process through the Development Officer
variance process.
Subdivision
The proposed subdivision at 944 Fairville Boulevard satisfies the standards of the Subdivision
By-law, and is within the area projected by the Municipal Plan for future commercial
development. The Community Planning Act states that the creation of a new lot must include a
dedication of land for public purposes, or money -in -lieu of land, which requires the Committee
and Council to consider accepting. Given the direction of the City's Subdivision Bylaw, staff
recommends that Council receive money -in -lieu of LPP.
Conclusion
The applicant is seeking to subdivide a parcel of land in the Fairville Boulevard Regional Retail
Centre of the City's west side. The proposed subdivision is located in an area of the City where
the Municipal Plan facilitates concentrated commercial retail development. Staff recommends
that Council accept money -in -lieu of LPP.
ALTERNATIVES AND OTHER CONSIDERATIONS
There are no alternate considerations for this application.
ENGAGEMENT
Public
In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to
landowners within 100 metres of the subject property on November 29, 2018.
SIGNATURES AND CONTACT
Prepared:
Stephen Stone, MPI.
Planner, Dillon Consulting Limited, on behalf of the City of Saint John
Page 3 of 5
21
Don -More Surveys and Engineering Ltd. 944 Fairville Blvd. December 7, 2018
Reviewed: Approved:
4
Mark Reade, P.Eng., MCIP, RPP
Senior Planner
Contact: Stephen Stone
Phone: (506) 633-5000
E-mail: sstone@dillon.ca
Project: 18-0229
Jacqueline Hamilton, MURP, MCIP, RPP
Commissioner
Page 4 of 5
22
Don -More Surveys and Engineering Ltd. 944 Fairville Blvd. December 7, 2018
APPENDIX
Map 1: Site Location
Map 2: Municipal Plan
Map 3: Zoning
Map 4: Aerial Photography
Submission 1: Tentative Subdivision Plan
Page 5 of 5
23
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Document 31314751
Lot D
File 40, Plan 69
PID 00397059
COUNCIL REPORT
M&C No.
2019-2
Report Date
January 07, 2019
Meeting Date
January 14, 2019
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Terms of the Fall 2018 Debenture Issue
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Deputy Commissioner/ Dept.
Head
City Manager
Craig Lavigne
Cathy Graham/Kevin Fudge
John Collin
RECOMMENDATION
It is recommended that this report be received and filed.
EXECUTIVE SUMMARY
On December 4, 2018 the New Brunswick Municipal Finance Corporation
negotiated the sale of a serial bond issue in the amount of $63,300,000 of which
$10,500,000 related to the City of Saint John.
PREVIOUS RESOLUTION
M&C 2018 - 249 - Whereas occasion having arisen in the public interest for the
following public civic works and needed civic improvements, that is to say:
GENERAL FUND
Protective Services
$
300,000
Transportation Services
$
3,400,000
Economic Development
$
1,300,000
Parks and Recreation
$
2,000,000
SAINT JOHN TRANSIT
TOTAL
Wel
$ 7,000,000
$ 3,500,000
$10,500,000
-2-
1. Therefore resolved that debentures be issued under provisions of the
Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments
thereto to the amount of ten million and five hundred thousand dollars
($10,500,000).
2. Commissioner of Finance be authorized to issue and to sell to the New
Brunswick Municipal Finance Corporation (the "Corporation") a City of
Saint John bond or debenture in the principal amount of ten million and
five hundred thousand dollars, ($10,500,000) at such terms and
conditions as are recommended by the Corporation.
3. And further that the City of Saint John agrees to issue post-dated cheques
to the Corporation, or other such arrangements as the Corporation may
from time to time accept, in payment of principal and interest charges on
the above bond or debenture as and when they are required by the
Corporation.
4. And further that the Commissioner of Finance be hereby authorized to
receive an offer in connection with the foregoing debentures at a price
not less than $98 per $100 of debenture, at interest rates not to exceed
an average of 4.50% and at a term not to exceed 15 years for the issue
related to the General Fund and Saint John Transit Commission.
5. And further that the Commissioner of Finance report to Common Council
the exact values for price per $100 of debenture, interest rate and term
in years, together with the date of the issue.
REPORT
The terms of the issue as they relate to Saint John are as follows:
Term: 15 year serial form (General) $ 7,000,000
15 year serial form (Transit) $ 3,500,000
Coupon Rate: Year 1
- 2.55% Year
6 -
3.05%
Year 11 -
3.45%
Year 2
- 2.60% Year
7 -
3.15%
Year 12 -
3.45%
Year 3
- 2.75% Year
8 -
3.25%
Year 13 -
3.50%
Year 4
- 2.85% Year
9 -
3.30%
Year 14 -
3.55%
Year 5
- 2.95% Year
10 -
3.40%
Year 15 -
3.55%
Price:
$ 99.09 (Principal:
$10,500,000)
Average Interest Rate:
3.1567% - 15 Years
Settlement Date:
December 21, 2018
091
-3 -
The interest rates and the discount factor were within the limits approved by
Common Council at its meeting held on September 10th, 2018. As such, the
Mayor and Common Clerk have signed the debentures between the City and the
New Brunswick Municipal Finance Corporation for $10,500,000 at the terms
listed above on December 6th, 2018.
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
N/A
31
COUNCIL REPORT
M&C No.
2019-4
Report Date
January 04, 2019
Meeting Date
January 14, 2019
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Borrowing Resolutions
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Craig Lavigne
Cathy Graham/Kevin Fudge
John Collin
RECOMMENDATION
That Common Council adopt the following resolutions:
1. That the Commissioner of Finance is hereby authorized to borrow, on behalf
of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the
Bank) from time to time by way of direct advances by Promissory Notes,
Overdraft, or Standby Letters of Credit/Letters of Guarantee, a sum or sums
not exceeding at any one time six million dollars ($6,000,000) to meet
current expenditures for the year 2019; and
2. That the Commissioner of Finance is hereby authorized to borrow, on behalf
of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the
Bank) from time to time by way of direct advances by Promissory Notes, a
sum or sums not exceeding at any one time twenty five million dollars
($25,000,000) to meet capital expenditures for the year 2019.
EXECUTIVE SUMMARY
The Bank of Nova Scotia requires certain resolution to be passed by Common
Council to formalize the line of credit with the City. These resolutions were last
updated by Common Council at its meeting of Jan 15, 2018. At this time, there is
a need to provide the bank with updated resolutions.
WA
-2 -
PREVIOUS RESOLUTION
M&C — 2018-05 — Borrowing Resolutions
STRATEGIC ALIGNMENT
N/A
REPORT
The City has credit facilities with the Bank of Nova Scotia in the amount of
$21,000,000. This amount represents $6,000,000 for general operating purposes
and $15,000,000 for bridge financing on capital expenditures. The calculation of
the line of credit for operating purposes is outlined in the Municipalities Act and
is set at a maximum of 4% of the operating budget. Based on the City's 2019
operating budget the maximum the City could borrow for operating purposes is
$6,410,311. It is proposed to maintain with the bank an operating line of credit
of $6,000,000.
With respect to the bridge financing for capital expenditures, as a result of the
magnitude of the City's capital programs, it is proposed to maintain the current
credit level of $15,000,000, not to exceed $25,000,000. It is unlikely that actual
borrowings will reach these combined levels, but there is no harm in having the
credit limits in place as a precautionary measure.
The City has not borrowed money from the Bank of Nova Scotia for general
operating purposes or bridge financing since 2013. Major capital projects can
put a drain on financial resources because the City pays for capital projects
upfront and then borrows after expenditures are incurred. In these
circumstances the City will need borrow money short term.
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
N/A
091
COUNCIL REPORT
M&C No.
2019-3
Report Date
January 03, 2019
Meeting Date
January 14, 2019
Service Area
Finance and Administrative
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: City Market Lease with Chicken by Felix
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. HeadCity
Manager
David Kirkpatrick
Ian Fogan/Kevin Fudge
John Collin
RECOMMENDATION
1. That the City enter into a Lease for Stall "No. 10" in the City Market with
Yufan Investment Ltd., under the terms and conditions as set out in the
Lease submitted with M&C 2019-3, 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 Chicken by Felix have reached an
agreement that will have the business lease space within Stall "No. 10" of the
City Market. The term will be for five (5) years, commencing February 1st, 2019
with an option to renew for an additional two (2) 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 casual dining offerings such as specialty Fried chicken, Pulled Pork
Sandwiches, Smoke barbequed ribs, Brisket Sandwiches and soft drinks. The
proprietor will also be permitted to sell soft serve ice cream.
The lease document as attached is standard and consistent with the leases
granted to other tenants in the City Market.
PREVIOUS RESOLUTION
N/A
011
-2 -
STRATEGIC ALIGNMENT
The Owner and operator is an immigrant to Canada and has experience
operating a similar business in the past. This provides for entrepreneur
opportunities in the City's Uptown Core and aid's in creating a livable community
that is vibrant and diverse, while providing an integrated approach to economic
development.
REPORT
This is a newly created Stall between Java Moose and Pete's Frootique.
City staff has an agreement with a new tenant, Chicken by Felix to operate in
Stall No. 10 that would commence effective February 1st, 2019. Their sales
would be centered on barbecued chicken, beef and pork. The initial term is for 5
years with an option to renew for an additional 2 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 Chicken by Felix within the City Market will add to
the vitality offerings in the City's Uptown area. This Lease will generate a
revenue of approximately $12,000.00 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
1. Lease Agreement with Chicken by Felix
2. Front view of new stall
W
LEASE FOR STALL SPACE
CITY MARKET
YUFAN INVESTMENT LTD Business # 705181
doing business under the name and style
Chicken by Felix
SCHEDULE "C"
ARTICLE I
DEFINITIONS
1.01 Definitions
In this lease:
a) "Additional Rent" means all and any monies required to be paid by the Lessee to the
Lessor under or pursuant to the terms of this Lease, save only for Gross Rent;
b) "Architect" shall mean the architect from time to time named by the Lessor or at the
option of the Lessor, the Lessor's general contractor. Any certificate provided by the
Architect and called for by the terms of this Lease shall be final and binding on the
parties hereto;
c) "Commencement Date" means a date determined in accordance with the provisions of
Section 2.03;
d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and
installations in the City Market which from time to time are not designated or intended by
the Lessor to be leased to tenants of the City Market, and those areas, facilities, utilities,
improvements, equipment and installations which serve or are for the benefit of the City
Market whether or not located in, adjacent to or near the City Market and which are
designated from time to time by the Lessor as part of the Common Areas. Without
limiting the generality of the foregoing, Common Areas includes all parking areas, all
entrances and exits thereto and all structural elements thereof, access roads, truck courts,
driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and
interior structural elements and bearing walls in the building and improvements
comprising the City Market, package pick-up stations, loading and related areas,
pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage
service and janitor rooms and galleries, fire prevention, security and communication
systems, columns, pipes, electrical, plumbing, drainage, any central system for the
provision of heating, ventilating or air conditioning to leaseable premises or any enclosed
Common Areas and all other installations, equipment or services located therein or
related thereto as well as the structures housing installations, including but not limited to
all open and enclosed malls, courts and arcades, public seating and service areas,
corridors, furniture, first aid and/or information stations, auditoria, conference rooms,
nurseries, childcare play areas and related kitchen and storage facilities, escalators,
elevators, public washrooms, music systems and any atrium seating/food court;
e) " C.P.L" means the Consumer Price Index (All Items) for Canada (or any index published
in substitution for the Consumer Price Index or any other replacement index reasonably
designated by the Lessor, if it is no longer published) published by Statistics Canada (or
by any successor thereof or any other governmental agency, including a provincial
agency);
f) "Atrium Seating/Food Court' means those portions of the Common Areas designated by
the Lessor from time to time for use in support of the operations of any group of premises
providing quick food service to customers of the City Market and includes, without
limiting the generality of the foregoing, public table and seating areas, waste collection
facilities and other areas, facilities and equipment intended for such use;
g) "HST" means harmonized sales taxes, value-added taxes, multi -stage taxes, business
transfer taxes or other similar taxes however they are characterized and any taxes in lieu
thereof,
h) "Hazardous Substances" mean any contaminant, pollutant, dangerous substance,
- Page 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) "Lease" means this indenture of lease and includes any riders and schedules hereto and
shall also include any agreements entered into which have the effect of amending this
indenture from time to time;
k) "Leased Premises" means the premises leased to the Lessee as referred to and described
in Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises
shall extend from the top surface of the structural subfloor to the bottom surface of the
structural ceiling. If the Leased Premises have no ceiling abutting the demising walls, but
rather are open to the ceiling of the City Market building, the boundaries of the Leased
Premises extend from the top surface of the structural subfloor to the height of the
demising walls;
1) "Lease Year" shall mean a period of time commencing on February 1, 2019 and ending
on January 31st of the following year;
m) "Gross Rent' means the annual Gross Rent payable by the Lessee pursuant to Section
3.01;
n) "Operating Costs" means the total cost and expense incurred in owning, operating,
maintaining, managing and administering the City Market and the Common Areas,
specifically including without limiting the generality of the foregoing, any capital or
place of ownership taxes levied against the Lessor or any owners of the City Market on
account of their interest in the City Market, in an amount equitably allocated to the City
Market by the Lessor; gardening and landscaping charges; the cost and expenses of
taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and
waste collection and disposal; lighting, electricity, public utilities, loud speakers, public
address and musical broadcasting systems and any telephone answering service used in or
serving the City Market, and the cost of electricity and maintenance for any signs
designated by the Lessor as part of the Common Areas; policing, security, supervision
and traffic control; salaries and benefits of all supervisory and other personnel employed
in connection with the City Market and management office rent imputed to the City
Market by the Lessor, acting reasonably; Management Fee, the cost of providing
additional parking or other Common Areas for the benefit of the City Market, whether
such costs be Taxes or other type of costs; the costs and expenses of environmental site
reviews and investigations, removal and/or clean-up of Hazardous Substances from the
Common Areas; the cost of the rental of any equipment and signs and the costs of
supplies used in the maintenance and operation of the City Market and the Common
Areas; accounting and audit fees incurred in the preparation of the statements required to
be prepared and supplied by the Lessor under the terms of this Lease; heating, ventilating
and air conditioning of the Common Areas; all repairs and replacements to and
maintenance and operation of the City Market and the Common Areas; depreciation or
amortization of the costs, including repair and replacement, of all maintenance and
cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities
serving or comprising the City Market or the Common Areas; which are not charged fully
in the Lease Year in which they are incurred, from the earlier of the date when the cost
was incurred or the Commencement Date, at rates on the various items determined from
time to time by the Lessor in accordance with sound accounting principles;
o) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of
the Leased Premises and the denominator of which is the Rentable Area of the City
Market;
p) "Rent' means all Gross Rent and Additional Rent payable pursuant to the terms of this
Lease;
q) "Rentable Area of the Leased Premises" means the area expressed in square feet of all
floors of the Leased Premises measured from:
i. the exterior face of all exterior walls, doors and windows;
ii. the exterior face of all interior walls, doors and windows separating the Leased
Premises from Common Areas; if any; and
iii. the centre line of all interior walls separating the Leased Premises from
„a;,,;_;__ 1--1,1_ ;—,
-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 from 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 the Lessor from time to time, except for any
occupancy as designated by the Lessor for which there is no Gross Rent payable.
Provided however that the Lessor shall credit to Operating Costs any contributions
received in respect of such Operating Costs from the occupants of any of the areas
excluded from the Rentable Area of the City Market in accordance with this definition.
Provided further that in determining the fraction that is the Lessee's Proportionate Share,
if the Leased Premises consists of any of the foregoing excluded categories, the Rentable
Area of that category will be included in the Rentable Area of the City Market;
s) "Rules and Regulations" means the rules and regulations adopted and promulgated by the
Lessor from time to time acting reasonably, including those listed on Schedule "D";
t) "City Market" means the lands and premises known by the civic address 47 Charlotte
Street, Saint John, New Brunswick, as such lands and premises may be altered, expanded
or reduced from time to time and the buildings, improvements, equipment and facilities
erected thereon or situate from time to time therein;
u) "Taxes" means all duties, real property taxes, charges, assessments and payments, from
time to time levied, assessed or imposed upon the City Market or any part thereof or upon
the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes
shall also include any penalties, late payment or interest charges imposed by any
municipality or other taxing authority as a result of the Lessee's late payments of any
taxes or instalments thereof. For greater certainty "Taxes" shall exclude any penalties or
interest incurred by the Lessor as a result of its failure to pay Taxes in a timely manner,
except Taxes shall include any interest in respect of a deferral of payment in accordance
with sound accounting practices if permitted by statute or pursuant to an agreement with
the taxing authority; and (ii) income, profit or excess profits taxes of the Lessor;
v) "Lessee" means the party named as Lessee in this Lease; and
w) "Term" means the period referred to in Section 2.03.
ARTICLE II
GRANT, TERM AND INTENT
2.01 Leased Premises
In consideration of the rents, covenants and agreements hereinafter reserved and contained on the
part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the
Lessee leases from the Lessor, the Leased Premises. The Leased Premises are presently designated as Stall
No. "10" (330 ft') as shown on Schedule "A".
2.02 Use of Common Areas
The use and occupation by the Lessee of the Leased Premises shall entitle the Lessee to the use in
common with all others entitled thereto of the Common Areas, subject however, to the terms and
conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time
to time by the Landlord.
2.03 Term of Lease
TO HAVE AND TO HOLD the Leased Premises for and during the term of five (5) years to be
computed from February 1st 2019 and fully to be completed and ended on January 31, 2024 save as
hereinafter provided for earlier termination.
2.04 Option to Renew
The Lessee shall have the option to renew this Lease for a further one (1) term of five (5) years at
the then prevailing market rate by providing written notice of its intention to renew to the Lessor no later
than six (6) months prior to the expiration of the Initial Term. In the event that the Lessor and the Lessee do
- Page 4 -
PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the
Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a third parry as
of the date of this Lease, the Commencement Date shall be the earlier of:
a) sixty (60) days after the Lessor has delivered vacant possession of the Leased Premises to
the Lessee notwithstanding that the Lessor may still, during such sixty (60) day period,
be completing its work; or
b) the opening by the Lessee to the public of its business in the Leased Premises.
Notwithstanding any change in the Commencement Date calculated in accordance with the
preceding provisions hereof, the Terms shall expire on the date set for such expiry in the first paragraph of
this Section 2.03, subject always to earlier termination as provided for in this Lease.
PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased
Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take
possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its
inventory, at its own risk, for a period of thirty (30) days after receipt of such notice or until the Lessee
opens for business to the public in the Leased Premises, free of the payment of Gross Rent, and Additional
Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in
the Leased Premises during the period of such fixturing, and shall during the period from the giving of such
notice until the Commencement Date be a tenant in the Leased Premises subject to the same covenants and
agreements as are contained in this Lease, mutatis mutandis.
FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if
the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason,
including but not limited to the holding over or retention of possession of any other lessee or occupant, or
the lack of completion of any repairs, improvements or alterations required to be completed before the
Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall be
extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or
diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased
Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective
obligations hereunder be affected. However, if the Lessor does not give vacant possession of the Leased
Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option,
terminate this Lease by written notice to the Lessee and in such event this Lease shall be null and void and
of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or
deduction, and neither party shall have any further liability to the other.
Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the
Lessee shall execute an acknowledgement of same on Lessor's usual form.
The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis, from the
end of the 60 day rent-free period to the last day of the month in which the Commencement Date occurs
and thereafter all payments of Rent shall be made on the first day of each month throughout the Term
unless otherwise specified herein.
ARTICLE III
RENT AND DEPOSIT
3.01 Gross Rent
The Lessee shall pay annual Gross Rent to the average amount of Thirty -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:
Yrs 1-5
Square feet
Rate
Total
Retail
330
$34.00
$11,220.00
Promotion
0.06
$673.20
Total Annual
$ 11,893.20
Monthly
$991.10 +HST
-Page 5 -
3.02 Rent Past Due
If the Lessee fails to pay, when the same is due and payable, any Gross Rent, Additional Rent or
other amount payable by the Lessee under this Lease, such unpaid amounts shall bear interest from the due
date thereof to the date of payment, compounded monthly at the rate equal to four (4) percentage points in
excess of the Prime Rate.
3.03 Deposit
The Lessor acknowledges receipt of Zero Dollars ($00.00) which it will apply towards the
payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or part
of the amount retained for application towards the last month's Gross Rent as compensation for any loss or
damage arising from the breach by the Lessee of any provisions of this Lease. This right will not be
construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by
the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of
the deposit for the last month's Gross Rent as provided above, the Lessee will, upon notification by the
Lessor, pay to the Lessor the amount required to reimburse it for the amounts so applied. The Lessor will
not be required to pay interest to the Lessee on any of the amounts paid to the Lessor or retained by it under
this section. The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in the
City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further
liability with respect to the deposit. The Lessee will not assign or encumber its interest in the deposit
except in connection with a permitted Transfer, in which case the Lessee's interest in the deposit will be
deemed to have been assigned to the permitted Transferee as of the date of the Transfer.
3.04 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 each Lease Year in an
amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable,
generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis.
The Lessor shall sign a form of application which is the same or similar to Schedule "D -F, or as may be
required by the Lessee's bank, credit union or other financial institution.
ARTICLE IV
TAXES
4.01 Taxes Payable by the Lessor
The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market
or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the
Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with any statute,
law, by-law, regulation or ordinance in connection with the levying of any such Taxes in each case to the
fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Taxes.
4.02 Taxes Payable by Lessee
a) The Lessee shall during the Term pay, without any deduction, abatement or set-off
whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises;
b) In the case of assessments for local improvements or betterments which are assessed or
imposed during the term and which may by law be payable in instalments, the Lessee
shall only be obligated to pay such instalments as same fall due during the Term, together
with interest on deferred payments;
c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the
Lessee to keep any covenant contained in this Article, the certificate or receipt of the
department, officer or bureau charged with collection of the Taxes, showing that the tax,
assessment or other charge affecting the Leased Premises is due and payable or has been
paid, shall be prima facia evidence that such tax, assessment or other charge was due and
payable as a lien or charge against the Leased Premises or that it has been paid as such by
the Lessor;
d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by
legal proceedings or in such manner as the Lessee in its opinion shall deem advisable
- Page 6 -
by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations
to pay the Taxes as herein provided pending the contest, but if by law it is necessary that
such payment be suspended to preserve or perfect the Lessee's contest, then the contest
shall not be undertaken without there being first deposited with the Lessor a sum of
money equal to twice the amount of the Taxes that are the subject of the contest, to be
held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and
all costs thereof that may be imposed upon the Lessor or the Leased Premises. Any costs
associated with an appeal undertaken by the Lessor, the Lessee shall pay their
proportionate share of such costs;
e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills
for Taxes which bills after inspection by the Lessor shall be returned to the Lessee.
4.03 HST Payable by Lessee
The Lessee shall pay to the Lessor all HST on Rent and any other HST imposed by the applicable
legislation on the Lessor or Lessee with respect to this Lease, in the manner and at the times required by the
applicable legislation. Such amounts are not consideration for the rental of space or the provision by the
Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the
same remedies for and rights of recovery of such amounts as it has for recovery of Rent under this Lease.
If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as
consideration for a modification of this Lease, and the applicable legislation deems a part of the deposit or
amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that
the Lessor will receive the full amount of the forfeited deposit or other amount payable without
encroachment by any deemed HST portion.
4.04 Business Taxes and Other Taxes of Lessee
The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable:
a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or
assessed against or in respect of all improvements, equipment and facilities of the Lessee
on or in the Leased Premises; and
b) every tax and license fee which is levied, rated, charged or assessed against or in respect
of any business carried on in the Leased Premises or in respect of the use or occupancy
thereof
whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed
by any federal, provincial, municipal or other body.
ARTICLE V
UTILITIES
5.01 Utilities
The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event
that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's
proportionate share of any utility consumed.
ARTICLE VI
MERCHANTS' ASSOCIATION
6.01 Merchants' Association
If and when an association or corporation of merchants or lessees (the "Association") is formed
comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or
if such an Association has already been formed, the Lessee shall forthwith become a member thereof and
the Lessee shall retain its membership in such Association during the entire Term and shall abide by all
rules, regulations, by-laws, decisions, directions, dues and assessments of the Association. Such
Association shall in no wav affect the rights of the Lessor and anv by-laws_ niles and regulations of such
- Page 7 -
6.02 Promotion Fund
The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in
twelve (12) monthly instalments each instalment payable on the I" day of each month during the Term.
ARTICLE VII
CONDUCT OF BUSINESS BY TENANT
7.01 Use of Leased Premises
The Leased Premises shall be used continuously, actively and diligently for the sole purpose of casual
dining offerings such as specialty Fried chicken, Pulled Pork Sandwiches, Smoke barbequed ribs,
Brisket Sandwiches and soft drinks. The proprietor will also be permitted to sell soft serve ice
cream.
The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof
for any other business or purpose. In connection with the business to be conducted by the
Lessee on the Leased Premises, the Lessee shall only use the advertised name "Chicken by
Felix" and will not change the advertised name of the business to be operated in the Leased
Premises without the prior written consent of the Lessor.
The Lessee shall not introduce new product lines, or offer new services to its customers
without first obtaining the written consent of the Lessor. The Lessee acknowledges that it
would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of
such product line or service would compete with the business of other tenants in the City
Market or infringe on exclusive covenants granted by the Lessor.
Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this
Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City
Market any of the products or services permitted to be sold or provided from the Leased
Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other
premises in the City Market to any other tenant(s) carrying on a business which is similar in
whole or in part to the business permitted to be carried on from the Leased Premises pursuant
to this Section 7.01.
a) The Lessee acknowledges that its continued occupancy of the Leased Premises and the
regular conduct of business therein are of utmost importance to neighbouring tenants and
to the Lessor in the renting of space in the City Market, the renewal of other leases
therein, the efficient and economic supply of services and utilities, and in the character
and quality of other tenants in the City Market. The Lessee therefore covenants and
agrees that throughout the Term it will occupy the entire Leased Premises, comply
strictly with the provisions of Section 7.01 and not vacate or abandon the Leased
Premises at any time during the Term. The Lessee acknowledges that the Lessor is
executing this Lease in reliance thereupon and that the same is a material element
inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or
abandons the Leased Premises or fails to so conduct its business therein, or uses or
permits or suffers the use of the Leased Premises for any purpose not specifically herein
authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the
Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the
Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately
become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor.
The Lessor will have the right, without prejudice to any other rights which it may have
under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the
provisions of this Section 7.01(b).
b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the
regular conduct of business therein are of utmost importance to neighbouring tenants and
to the Lessor in the renting of space in the City Market, the renewal of other leases
therein, the efficient and economic supply of services and utilities, and in the character
-Page 8 -
Premises at any time during the Term. The Lessee acknowledges that the Lessor is
executing this Lease in reliance thereupon and that the same is a material element
inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or
abandons the Leased Premises or fails to so conduct its business therein, or uses or
permits or suffers the use of the Leased Premises for any purpose not specifically herein
authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the
Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the
Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately
become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor.
The Lessor will have the right, without prejudice to any other rights which it may have
under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the
provisions of this Section 7.01(b).
7.02 Conduct and Operation of Business
The Lessee shall occupy the Leased Premises from and after the Commencement Date and
thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the
Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall:
a) operate its business with due diligence and efficiency and maintain an adequate staff to
properly serve all customers; own, install and keep in good order and condition free from
liens or rights of third parties, fixtures and equipment of first class quality; and carry at
all times such stock of goods and merchandise of such size, character and quality as will
produce the maximum volume of sales from the Leased Premises consistent with good
business practices;
b) conduct its business in the Leased Premises during such hours and on such days as the
Lessor from time to time requires or permits and at no other time. However the Lessee is
not required or permitted to carry on its business during any period prohibited by any law
regulating the hours of business. If the Lessee fails to open during the days and/or hours
required by the Lessor, then in addition to all other amounts of Rent payable under this
Lease the Lessee shall pay as Additional Rent to the Lessor upon demand as liquidated
damages and not as a penalty, an amount equal to two hundred fifty dollars ($250.00) per
day for each and every day that the Lessee is in default. When not open for business the
security of the Leased Premises is the sole responsibility of the Lessee;
c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and
keep the display windows and signs (if any) in the Leased Premises well -lit during the
hours the Lessor designates from time to time, acting reasonably;
d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale
from the Leased Premises, and not use any portion of the Leased Premises for office,
clerical or other non -selling purposes except minor parts reasonably required for the
Lessee's business in the Leased Premises;
e) abide by all rules and regulations and general policies formulated by the Lessor, acting
reasonably, from time to time relating to the delivery of goods to the Leased Premises;
f) not allow or cause to be committed any waste upon or damage to the Leased Premises or
any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee
in the City Market or which unreasonably disturbs or interferes with or annoys any third
party, or which may damage the City Market;
g) not allow or cause to be done any act in or about the Common Areas or the City Market
which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's
flow of traffic in any way, obstructs the free movement or parties doing business in the
City Market;
h) not allow or cause business to be solicited in any part of the City Market other than the
Leased Premises, nor display any merchandise outside the Leased Premises at any time
without the prior written consent of the Lessor;
i) use the name designated for the City Market by the Lessor from time to time and all
insignia or other identifying names and marks designated by the Lessor in connection
with the advertising of the business conducted in the Leased Premises. Notwithstanding
the foregoing the Lessee will not acquire any rights in such names, marks or insignia and
upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights
- Page 9 -
j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on
the roof of any building forming part of the City Market or on any exterior walls of the
Leased Premises or in any of the Common Areas. Any such installation shall be subject
to removal by the Lessor without notice at any time and such removal shall be done and
all damage as a result thereof shall be made good, in each case, at the cost of the Lessee,
payable as Additional Rent on demand;
k) not use any travelling or flashing lights or signs or any loudspeakers, television,
phonograph, radio or other audiovisual or mechanical devices in a manner so that they
can be heard or seen outside of the Leased Premises without the prior written consent of
the Lessor. If the Lessee uses any such equipment without receiving the prior written
consent of the Lessor, the Lessor shall be entitled to remove such equipment without
notice at any time and such removal shall be done and all damage as a result thereof shall
be made good, in each case, at the cost of the Lessee, payable as Additional Rent on
demand;
1) not install or allow in the Leased Premises any equipment which will exceed or overload
the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of
which the Lessor has not approved. If the Lessee requires additional utility, electrical or
mechanical facilities, the Lessor may in its sole discretion if they are available elect to
install them at the Lessee's expense and in accordance with plans and specifications to be
approved in advance in writing by the Lessor;
m) not bring upon the Leased Premises any machinery, equipment, article or thing that by
reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably,
damage the Leased Premises or overload the floors of the Leased Premises. Any such
machinery, equipment, article or thing shall be subject to removal by the Lessor without
notice at any time and such removal shall be done and all damages as a result thereof
shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on
demand;
n) observe and comply with all federal, provincial or municipal laws pertaining to or
affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of
any business in the Leased Premises, or the making of any repairs, replacements,
alterations, additions, changes, substitutions or improvements of or to the Leased
Premises, and the regulations of any insurance underwriters in respect of the insurance
maintained by the Lessor in respect of the City Market, and carry out all modifications to
the Leased Premises and the Lessee's conduct of business or in use of the Leased
Premises which may be required by any such authorities.
7.03 Prohibited Activities
a) The Lessee acknowledges that it is only one of many tenants in the City Market and that
therefore the Lessee shall conduct its business in the Leased Premises in a manner
consistent with the best interests of the City Market as a whole;
b) The Lessor shall have the right to cause the Lessee to discontinue and the Lessee shall
thereupon forthwith discontinue the sale of any item, merchandise, commodity or the
supply of any service or the carrying on of any business, any of which is either prohibited
by this Section 7.03 or which the Lessor, acting reasonably, determines is not directly
related to the business set out in Section 7.01. The Lessee will not allow or cause the use
of any part of the Leased Premises for any of the following businesses or activities:
i. the sale of secondhand goods or surplus articles, insurance salvage stock, fire
sale stock or bankruptcy stock;
ii. the sale of goods, except as may be specifically permitted by the provisions of
Section 7.01;
iii. an auction, bulk sale (other than a bulk sale made to an assignee or sublessee
pursuant to a permitted assignment or subletting hereunder), liquidation sale,
"going out of business" or bankruptcy sale, or warehouse sale;
iv. any advertising or selling procedures which would, or any sale or business
conduct or practice which would, because of the merchandising methods or
quality of operation likely to be used, in either case in the Lessor's opinion, tend
to lower the character of the City Market or harm or tend to harm the business or
- Page 10 -
v. a mail order business, save and except for dulse and maple products or a
department store, junior department store or variety store.
7.04 Hazardous Substances
The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a
manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture,
refine, treat, transport, store, handle, dispose of, transfer, produce or process any Hazardous Substance,
except in strict compliance with all applicable federal, provincial and municipal statutes, by-laws and
regulations, including, without limitation, environmental, land use and occupational and health and safety
laws, regulations, requirements, permits, statutes, by-laws and regulations. Further the Lessee hereby
covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law
responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or
contributed to by any Hazardous Substances which are at any time located, stored or incorporated in any
part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives
shall have the right at the Lessee's expense, payable as Additional Rent within fifteen (15) days of receipt
of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem
necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant
to this Section 7.04 shall survive the expiration or earlier termination of the Term.
ARTICLE VIII
FIXTURES, ALTERATIONS AND REPAIRS AND
LESSOR'S CONTROL OF CITY MARKET
8.01 Installations by the Lessee
All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be
new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or
install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting,
plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the
Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in
form, content and such detail as the Lessor may reasonably require for such work at the time approval is
sought. The Lessee covenants that any work that may be done in respect of the Leased Premises by or on
behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done
or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall
arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and
inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything
herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural
nature or that would lessen the value or Rentable Area of the Leased Premises or the City Market, or would
interfere with the usage of the Common Areas.
All alterations, decorations, additions and improvements made by the Lessee or made by the
Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or
affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor
shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or
improvements. Such alterations, decorations, additions and improvements shall not be removed from the
Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the
Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shall remove
all such alterations, decorations, additions and improvements and restore the Leased Premises as required
by the Lessor.
8.02 Maintenance and Repair by the Lessee
The Lessee will at all times keep the Leased Premises (including exterior entrances and all glass
and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including
lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition
and repair (including periodic painting or redecorating and preventative maintenance as determined by the
Lessor and including such repairs or replacements as are required to keep the Leased Premises in good
repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality
and class equal to the original work or installations.
8.03 Signs, Awnings, Canopies
-Page 11 -
window or door of the Leased Premises without first obtaining the Lessor's written approval and consent.
The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter
or other thing as may be approved in good condition and repair at all times, and in addition to the
foregoing, the Lessee shall maintain any signs or displays of its goods or wares which may be seen from
the exterior of the Leased Premises in a manner which is in keeping with the character of the City Market
of which the Leased Premises form a part and which is designed to enhance the business of the Lessee.
8.04 Surrender of Leased Premises
Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair, reasonable
wear and tear only excepted. Without limiting the generality of the foregoing, at the expiration or earlier
termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the Leased
Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only
excepted, and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for
the payment of Rent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in
the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, such fixtures and
personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or
otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account
therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or
earlier termination of the Term of this Lease.
8.05 Lessee to Discharge all Liens
The Lessee will ensure that no construction or other lien or charge, or notice thereof, is registered
or filed against:
a) the City Market or any part of it; or
b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the
Leased Premises.
by any person claiming by, through, under or against the Lessee or its contractors or subcontractors. If
such a lien or charge or notice thereof is registered or filed and the Lessee fails to discharge it within five
(5) days after written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to
be due into court or directly to the claimant and the Lessee will pay to the Lessor as Additional Rent on
demand all costs (including legal fees) incurred by the Lessor in connection therewith, together with an
administrative overhead charge of fifteen percent (15%) thereon.
8.06 Rules and Regulations
The Lessee will comply with the Rules and Regulations. The Lessor reserves the right from time
to time to amend or supplement the Rules and Regulations. Notice of such amendments and supplements,
if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and observe all such
amendments and supplements, provided that no Rule or Regulation shall contradict any provision of this
Lease. The Lessor shall not be responsible to the Lessee for non -observance or violation of any of the
provisions of such Rules and Regulations by any other tenant of the City Market or of the terms of any
other lease of premises in the City Market and the Lessor shall be under no obligation to enforce any such
provisions. All Rules and Regulations shall be enforced against the Lessee in a non-discriminatory manner.
8.07 Maintenance and Repair by the Lessor
The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be
maintained and repaired, the structure of the City Market, including without limitation, the foundations,
exterior weather walls, subfloor, roof, bearing walls and structural columns and beams of the City Market.
If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the
Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its
employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or
subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such
maintenance or repairs, together with an administrative fee of fifteen percent (15%) of such costs.
Notwithstanding Clause 8.07 above, the Landlord shall remove existing floor coverings and replace with a
commercial grade floor covering and shall also clean and paint the interior walls of Stall 5 on or before
June 15, 2018.
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The City Market and the Common Areas are at all times subject to the exclusive control and
management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its
control, management and operation of the City Market and by the establishment of rules and regulations
and general policies with respect to the operation of the City Market or any part thereof at all times
throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air
conditioning systems; provide supervision and policing services for the City Market; close all or any
portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient
to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify
and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the
City Market; obstruct or close off all or any part of the City Market for the purpose of maintenance, repair
or construction, employ all personnel, including supervisory personnel and managers necessary for the
operation, maintenance and control of the City Market; use any part of the Common Areas from time to
time for merchandising, display, decorations, entertainment and structures designed for retail selling or
special features or promotional activities; designate the areas and entrances and the times in, through and at
which loading and unloading of goods shall be carried out; control, supervise and generally regulate the
delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other
portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in
the manner and the times and places at which same is to be placed for collection (if the Lessor for the more
efficient and proper operation of the City Market provides or designates a commercial service for the
pickup and disposal of refuse and garbage instead of or in addition to the service provided by the
municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level,
location, arrangement or use of the City Market or any part thereof, construct other buildings or
improvements in the City Market and make changes to any part thereof, construct other buildings or
improvements in the City Market and make changes to any part of the City Market; and do and perform
such other acts in and to the City Market as in the use of good business judgment the Lessor determines to
be advisable for the more efficient and proper operation of the City Market.
Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its
rights as set out in this Section 8.08, the Common Areas are diminished or altered in any manner
whatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or
diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed
constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease.
8.09 Lessor's Right to Enter Leased Premises
a) It is not a re-entry or a breach of quiet enjoyment if the Lessor or its authorized
representatives enter the Leased Premises at reasonable times to:
i. examine them;
ii. make permitted or required repairs, alterations, improvements or additions to the
Leased Premises (including the pipes, conduits, wiring, ducts, columns and other
installations in the Leased Premises) or the City Market or adjacent property; or
iii. excavate land adjacent or subjacent to the Leased Premises; in each case (to the
extent reasonably possible in the circumstances) without unreasonably
interfering with the Lessee's business operations in the Leased Premises, and the
Lessor may take material into and on the Leased Premises for those purposes.
Rent will not abate or be reduced while the repairs, alterations, improvements or
additions are being made. The Lessor will take reasonable steps to minimize
any interruption of business resulting from any entry.
b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective
purchasers and during the six (6) months prior to the expiration of the term of this Lease,
the Lessor may exhibit the Leased Premises to prospective tenants and place upon the
Leased Premises the usual notice "To Let" which notice the Lessee shall permit to remain
where placed without molestation;
c) If the Lessee shall not be personally present to open and permit an entry into the Leased
Premises, at any time, when for any reason an entry therein shall be necessary or
permissible, the Lessor or the Lessor's agents may enter the same by a master key, or
may forcibly enter the same, without rendering the Lessor or such agents liable therefor,
and without in any manner affecting the obligations and covenants of this Lease;
d) Nothing in this Section contained, however, shall be deemed or construed to impose upon
the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance
or repair of the City Market or any part thereof, except as otherwise in this Lease
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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 of not less than the full replacement cost thereof,
Comprehensive General Liability with minimum limits of at least Five Million
Dollars ($5,000,000.00) or such higher limits as the Lessor may reasonably require
from time to time. This policy shall include:
a) The City added as an Additional Insured;
b) Inclusive limits for bodily injury and property damage;
c) Personal injury liability;
d) Tenant's Legal Liability;
e) Contractual Liability with respect to this Lease;
f) Premises, Property and Operations;
g) Completed Operations;
h) A Cross Liability Clause;
i) A Thirty (30) days written notice of Cancellation shall be given to the City of
Saint John.
iii. The Lessee shall also provide any other form of insurance as the Lessee or the Lessor
may reasonably require from time to time in form, in amounts and for insurance risks
against which a prudent tenant would insure.
b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and
shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates
of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable
after the placing of the required insurance. All policies shall contain an undertaking by the
insurers to notify the Lessor in writing not less than thirty (30) days prior to any material change,
cancellation or termination thereof,
c) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance referred
to in this Section 9.01, or should any such insurance not be approved by the Lessor and should the
Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee, the
Lessor has the right without assuming any obligation in connection therewith to effect such
insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by
the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of
the Lessor under this Lease.
9.02 Increase in Insurance Premium
The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any
increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above
the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. If the Lessee is
in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance
policies taken out or maintained by the Lessor, or if any insurance policy upon the Leased Premises or the
City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the
use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the
Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the
Lessor, and if the Lessee shall fail to do so within twenty-four (24) hours of such written request, the
Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the
Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the
Lessee liable for anv damaLie or loss resultinLj from such cancellation or refusal or the Lessor may at its
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be apportioned and paid in full to the date of such determination of the Lease, and together with an amount
equal to the Gross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall
immediately deliver up possession of the Leased Premises, a schedule issued by the organization making
the insurance rate on the Leased Premises, showing the various components of such rate, shall be
conclusive evidence of the several items and charges which make the fire insurance rate of the Leased
Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as
the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount
thereof shall be deemed to be and be paid as Additional Rent.
9.03 Loss or Damage
The Lessor shall not be liable for any death or injury arising from or out of any occurrence in,
upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the
Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or
others from any cause whatsoever, except any such death, injury, loss or damage results from the
negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law
responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury
or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity,
water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances,
plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other
tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused
by construction or by any private, public or quasi -public work. All property of the Lessee kept or stored on
the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify
the Lessor and save it harmless from any claims arising out of any damages to the same, including, without
limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any
injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to
the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or
corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply
of any utilities to the Leased Premises.
9.04 Indemnification of the Lessor
The Lessee will indemnify the Lessor, and save harmless from and against any and all claims,
actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to
property arising from or out of any occurrence in, upon or at the Leased premises, the occupancy or use by
the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or
omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or
invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by
or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses
and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with
such litigation.
ARTICLE X
DAMAGE, DESTRUCTION AND EXPROPRIATION
10.01 Total or Partial Destruction of Leased Premises
If, during the Term, the Leased Premises are expropriated or totally or partially destroyed or
damaged by any cause in respect of which the Lessor is insured, the following provisions shall have effect:
a) If the Leased Premises are rendered partially unfit for occupancy by the Lessee, Gross Rent only
shall abate in part only, in the proportion that the part of the Leased Premises rendered unfit for
occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased Premises are
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 shall be incapable of being rebuilt and/or repaired or restored with reasonable diligence
within 180 days of the happening of such destruction or damage, then the Lessor may at its option
terminate this Lease by notice in writing to the Lessee given within thirty (30) days of the date of
such destruction or damage and in the event of such notice being so given this Lease shall cease
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be apportioned and shall be payable by the Lessee only to the date of such destruction or damage
and the Lessor may re-enter and repossess the Leased Premises discharged of this Lease;
If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the
happening of such damage or destruction or if within the period of thirty (30) days referred to in Section
10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable
promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's
repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the
Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's
restoration) complete the restoration of the Leased Premises.
The certificate of the Architect shall bind the parties as to the (i) extent to which the Leased Premises are
unfit for occupancy; (ii) time required to rebuild and/or repair or restore the Leased Premises; and (iii) due
completion of repairs.
10.02 Total or Partial Destruction of City Market
In the event that a substantial portion of the City Market shall be expropriated or damaged or
destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring
or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor,
notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right,
to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said
occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the
Term of this Lease shall expire upon the third (3rd) day after such notice is given, and the Lessee shall
vacate the Leased Premises and surrender the same to the Lessor.
10.03 Abatement of Rent
Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X
shall be limited to an amount equal to the amount which the Lessor collects under any rental income
insurance.
10.04 Expropriation Awards
The Lessor and the Lessee will co-operate with each other if there is an expropriation of all or part
of the Leased Premises or the City Market, so that each may receive the maximum award that it is entitled
to at law. To the extent, however, that a part of the City Market, other than the Leased Premises, is
expropriated, the full proceeds that are paid or awarded as a result, will belong solely to the Lessor, and the
Lessee will assign to the Lessor any rights that it may have or acquire in respect of the proceedings or
awards and will execute the documents that the Lessor reasonably requires in order to give effect to this
intention.
ARTICLE XI
STATUS STATEMENT, SUBORDINATION AND ATTORNMENT
11.01 Status Statement
Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status
statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the
commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any
prepaid Rent or deposits held by the Lessor, whether there is any existing default and the particulars, and
any other information required by the party requesting it.
11.02 Power of Attorney
The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power
and authority to execute and deliver in the name of the Lessee any instruments or certificates required to
carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen
(15) days after the date of a written request by the Lessor to execute such instruments.
ARTICLE XII
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12.01 Transfer Defined
"Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease
or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or
otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture
(floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of
any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under
this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a
transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by
subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that term is defined on
the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change
in the effective voting control of the Lessee. "Transferor" and "Transferee" have meanings corresponding
to the definition of "Transfer" set out above, (it being understood that for a Transfer described in clause (iv)
the Transferor is the person that has effective voting control before the Transfer and the Transferee is the
person that has effective voting control after the Transfer).
12.02 Consent Required
The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in
each instance which consent may not be unreasonably withheld. Notwithstanding any statutory provisions
to the contrary, Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor
refuses consent to a Transfer within twenty-four (24) months of either the Commencement Date or a
previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective and no
consent shall be given unless the following provisions have been complied with:
There is no default of the obligations of the Lessee under this Lease;
ii. The Lessee shall have given at least thirty (30) days' prior written notice of the proposed
Transfer and the effective date thereof to the Lessor;
iii. A duplicate original of the documents affecting the Transfer shall be given to the Lessor
within thirty (30) days after the execution and delivery thereof,
iv. The Transferee, except in the case of a Transfer described in Section 12.01 (iv), shall have
assumed in writing with the Lessor the due and punctual performance and observance of
all the agreements, provisions, covenants and conditions hereof on the Lessee's part to be
performed or observed from and after the effective date of the Transfer.
The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any
Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the
Lessor, the financial background, business history and the capability of the proposed Transferee in the
Lessee's line of business, and the nature of the business practices of the proposed Transferee. The consent
by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any
subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the Transferee, and apply
the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the
requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or
any Indemnifier from the further performance by the Lessee of covenants on the part of the Lessee herein
contained. Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall
not be released from performing any of the obligations of the Lessee under this Lease.
Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the
Lessor or its solicitors, and any and all legal costs and the Lessor's then -standard fee with respect thereto or
to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand
as Additional Rent.
12.03 No Advertising of Leased Premises
The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the
effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of
the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the
foregoing, unless the complete text and format of any such notice, advertisement or offer is first approved
in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any text or
format on other grounds, any text or format proposed by the Lessee shall not contain any reference to the
rental rate of the Leased Premises.
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13.01 Right to Re -Enter
When
a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and
such default shall continue for a period of five (5) consecutive days; or
b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or
of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall
continue for a period of fifteen (15) consecutive days or such longer or shorter period as the
Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee
specifying with reasonable particularity the nature of such default and requiring the same to be
remedied;
then and in any of such cases the then current month's Rent, together with the Rent for the three (3) months
next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall
become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever
forthwith re-enter upon the Leased Premises or any part thereof in the name of the whole and repossess and
enjoy the same as of its former estate, anything contained in any statute or law to the contrary
notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the
Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants,
obligations or agreements under this Lease or any term or condition of this Lease and provided further that
notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss
of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall
have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds
thereof to Rent due under the Lease.
13.02 Right to Re -Let
Should the Lessor elect to re-enter, as herein provided, or should it take possession pursuant to
legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may
from time to time without terminating this Lease, make such alterations and repairs as may be necessary in
order to re -let the Leased Premises, and re -let the Leased Premises or any part thereof as agent for the
Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at
such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may
deem advisable; upon each re -letting all rentals received by the Lessor from such re -letting shall be applied;
first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor;
second, to the repayment of any reasonable costs and expenses of such re -letting, including brokerage fees
and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the
same may become due and payable hereunder. If such Rent received from such re -letting during any
month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such
deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking
possession of the Leased Premises by the Lessor shall be construed as an election on its part to terminate
this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof
be decreed by a court of competent jurisdiction. Notwithstanding any such re -letting without termination,
the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the
Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it
may recover from the Lessee all damages it may incur by reason of such breach, including the cost of
recovering the Leased Premises, and including the worth at the time of such termination of the excess, if
any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the
Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term
hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In
determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual
Rent for each year of the unexpired Term shall be equal to the greater of. (a) the average annual Gross
Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or
during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable
hereunder, together with all Additional Rent which would have been payable during the calendar year in
which this Lease was terminated, prorated over a full calendar year, if required.
13.03 Legal Expenses
In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of
Rent or any other amount due under the provisions of this Lease, or because of the breach of any other
covenant herein contained on the part of the Lessee to be kept or performed and a breach shall be
established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable
solicitors' and counsel fees on a solicitor and his client basis.
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The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on
the Leased Premises shall be at any time during the Term seized or taken in execution or attachment by any
creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets
or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk
sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for
bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the
Leased Premises shall without the written consent of the Lessor become and remain vacant for a period of
fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of
this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt to abandon
the Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or any of
them from the Leased Premises so that there would not in the event of such abandonment, sale or disposal
be sufficient goods on the Leased Premises subject to distress to satisfy the Rent above due or accruing due,
then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent
shall immediately become due and be paid and the Lessor may re-enter and take possession of the Leased
premises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises
were holding over after the expiration of the Term and the Term shall, at the option of the Lessor,
immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and
determined, and in every one of the cases above such accelerated Rent shall be recoverable by the Lessor in
the same manner as the Rent hereby reserved and if Rent were in arrears and the said option shall be
deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein.
13.05 Lessor May Perform Lessee's Covenants
If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this
Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such
covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of
the Leased Premises or any part thereof as the Lessor may consider requisite or necessary.
All expenses incurred and expenditures made by or on behalf of the Lessor under this Section,
together with an administrative fee equal to fifteen (15%) percent thereon, shall be forthwith paid by the
Lessee to the Lessor on demand as Additional Rent.
13.06 Waiver of Exemptions from Distress
Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the
inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress;
and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night,
method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful
where the Lessee owes arrears of Rent at the time of the distress.
13.07 Remedies Cumulative
No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or
preclude the Lessor from exercising or invoking any other remedy in respect thereof, whether allowed at
law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other
such remedy, but the Lessor may from time to time exercise any one or more of such remedies
independently or in combination.
ARTICLE XIV
MISCELLANEOUS
14.01 Overholding
If the Lessee remains in possession of the Leased Premises 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 from month to
month at monthly rent payable in advance on the first day of each month equal to the sum of:
one and one half (1 ''/z) times the Gross Rent payable during the last month of the Term; and
ii. one -twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately
preceding the last Lease Year of the Term;
and otherwise upon the same terms and conditions as are set forth in this Lease, except as to duration of
Term, and any right of renewal mutatis mutandis.
- Page 19 -
This Lease applies to the successors and assigns of the Lessor and, if 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 on account of the earliest stipulated Rent, nor shall any
endorsement or statement or any cheque or any letter accompanying any cheque or payment as Rent be
deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to
the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided.
14.05 Entire Agreement
This Lease sets forth all the covenants, promises, agreements, conditions and understandings
between the Lessor and the Lessee concerning the Leased Premises and there are no covenants, promises,
agreements, conditions or representations, either oral or written, between them other than are herein and in
the said schedules and rider, if any, set forth. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee
unless reduced to writing and signed by them.
14.06 No Partnership
The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct
of its business, or otherwise or joint venturer or a member of a joint enterprise with the Lessee.
14.07 Force Majeure
In the event that either party hereto shall be delayed or hindered in or prevented from the
performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to
procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or
other reason of a like nature not the fault of the party delayed in performing work or doing acts required
under the terms of this Lease, then performance of such act shall be excused for the period of the delay and
the period for the performance of any such act shall be extended for a period equivalent to the period of
such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not
operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other
payments required by the terms of this Lease, nor entitle the Lessee to compensation for any
inconvenience, nuisance or discomfort thereby occasioned.
14.08 Notices
Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be
sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecopier or if mailed
in Canada, registered and postage prepaid, addressed to the Lessor at: C/O The Common Clerk, The City
of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1, with a copy to
Facility Management Division, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John,
New Brunswick, E2L 4L1, and any notice herein provided or permitted to be given by the Lessor to the
Lessee 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 45 Berkshire Crescent,
Quispamsis, N.B., E2E 6B2 Any such notice given as aforesaid shall be conclusively deemed to have
been given on the day on which such notice is delivered or transmitted or on the third day that there is
postal delivery following the day on which such notice is mailed, as the case may be. Either party may at
any time give notice in writing to the other of any change of address of the party given such notice and
from and after the giving of such notice the address therein specified shall be deemed to include any
request, statement or other writing in this Lease provided or permitted to be given by the Lessor to the
- Page 20 -
14.09 Place for Payment of Rent
The Lessee shall pay the Rent. Including all Additional Rent, at the office of the Lessor specified
in Section 14.08 or as such place or places as the Lessor may designate from time to time by notice in
writing: currently to the Cashier's Office, City Hall, P. O. Box 1971, 15 Market Square, Saint John, New
Brunswick, E2L 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 the case may be, shall be given
in writing by the Lessor before same and shall be deemed to be effective.
14.11 Governing Law
The Lease is to be governed by and construed according to the laws of the Province of New
Brunswick.
14.12 Captions and Section Numbers
The captions, section numbers and article numbers appearing in this Lease are inserted only as a
matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections
or articles or of this Lease, nor in any way affect this Lease.
14.13 Partial Invalidity
If any term, covenant or condition of this Lease or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the
application of such term, covenant or condition to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this
Lease shall be separately valid and enforceable to the fullest extent permitted by law.
14.14 No Option
The submission of this Lease for examination does not constitute a reservation of or option for the
Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereof by
the Lessor and the Lessee.
14.15 Time To Be of the Essence
Time shall be of the essence of this Lease.
14.16 Quiet Enjoyment
The Lessor covenants with the Lessee for quiet enjoyment.
14.17 Riders and Schedules
Schedules attached hereto form part of this Lease.
14.18 Basement Storage Space
Where the Leased Premises includes any area of basement storage space, notwithstanding any
provision herein contained, the Lessee acknowledges and agrees that water and sewer lines are located
within the basement area of the Leased Premises and that there is a possibility that water and/or sewage
may escape from the lines as a result of breakage, blockage, overflow or other cause, and may cause
damage to anything stored in the basement area of the Leased Premises. The Lessee acknowledges and
agrees that if it chooses to store anything, whether belonging to it or to others, in the basement area of the
Leased Premises, it does so at its own risk and the Lessee hereby releases and indemnifies and saves
harmless the Lessor from and against any and all manner of actions, suits, damages, loss, costs, claims and
demands of any nature whatsoever relating to or arising out of breakage, blockage, overflow or other
problem of the water or sewage lines.
- Page 21 -
Form A19
LEASE
Standard Forms of 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 Hall at 15 Market Square, Saint John, New
Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the
Legislative Assembly of the Province of New Brunswick, the "Lessor"
- and —
YUFAN INVESTMENT LTD. (Business #705181), a corporation, registered under the
Iaws of the Province of New Brunswick, having its registered office at 45 Berkshire Crescent,
Quispamsis, N.B., E2E 6132, this is Felix Liu doing business under the name and style
"Chicken by Felix", the "Lessee".
The "Rules and Regulations" attached hereto as Schedule "D" and the Form attached hereto
as Schedule "D-1" form part of this Lease.
The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on
the following conditions:
Duration:
Date of Commencement:
Date of Termination:
Payment Dates:
Place of Payment:
5 years and 0 months
February 1, 2019
January 31, 2024
First day of each and every month
during the term hereof commencing
April 1, 2019
Cashier's Office
City Hall
Saint John, NB
This lease contains the covenants and conditions which are attached and set out in Schedule
«Cl,
DATED December 7 2018.
SIGNED, SEALED & DELIVERED
in the presence of:
INVESTMENT LTD.
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
-2018
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City Market, Stall "10" Vacant
Saint John, N.B.
I hereby certify that the rentable area as shown above is
330 Square Feet
Date: May 17. 2017
Scale: 1'=V
HUGEMS SURVEYS do CONSULTANTS INC.
Saint John. N.B.
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COUNCIL REPORT
M&C No.
2019-8
Report Date
January 09, 2019
Meeting Date
January 14, 2019
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: 2019 Insurance Renewal
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Ian Fagan
Kevin Fudge
John Collin
RECOMMENDATION
It is recommended that Council accepts the insurance package presented by BFL
Canada, underwritten by AIG Insurance Company and Certain Underwriters at
Lloyds through our Agent of Record, JM & CW Hoper Grant Ltd. and approves
maximum payments as follow:
Insurance Premiums of
$921,336
Agreed Agency Fee of
$26,400
Payable to JM & CW Hope Grant Ltd.
$938,736
EXECUTIVE SUMMARY
The overall premium for insurance is 16% higher than 2018 level due to several
factors. Our primary liability insurance rate remains unchanged but the excess
limits (catastrophe insurers) have suffered large losses in recent years and our
premium, as well as other large liability limit customers are experiencing rate
increases as a result. Once we allocate various premium cost to participating
agencies, boards or commissions we expect the insurance renewal to be on
target for the 2019 budgeted amount. The combined savings for three years
since the 2016 RFP add up to over $2,332,000.
PREVIOUS RESOLUTION
The 2019 Renewal is in line with the approach previously established in previous
insurance purchases.
-2 -
STRATEGIC ALIGNMENT
This purchase is necessary to continue to protect the City's Economic Health and
to protect City assets. It relates to Enterprise Risk Management work to further
the City as a Community of Choice and decision making around sustainable
infrastructure by taking a proactive approach rather than a reactive one.
REPORT
The proposal selected reflects a stable insurance rate and premium following our
substantial savings in 2016. Our rating experience has been positive and our Risk
Management approach will lead to combined savings of over $2,332,000 since
our 2016 RFP. The following table illustrates the coverage limits, deductibles and
premiums associated with this renewal.
Changesfor2019
The City will be adding Cyber Liability insurance to the portfolio of insurance
coverage for 2019. Staff are currently in the process of completing the
application and gathering the necessary data to complete the underwriting
process. Premium is expected to be in the range of $20,000 for $2,000,000 in
limits of Cyber Insurance coverage.
AI
Limits for
2019
2017
2018
2019
Coverage
2019
Deductible
Premium
Premium
Premium
General
Liability
(including
50,000,000
500,000
331,423
312,883
385,724
Excess and
Environmental)
Directors' &
Officers'
(Aquatic
2,000,000
2,500
3,905
3,905
3,905
Centre)
Crime
1,000,000
Nil
1,850
1,850
2,775
Owned
50,000,000
$2,500
305,390
282,590
279,381
Automobile
Property
50,000
170,399
168,707
235,451
Garage
Liability
5,000,000
5,066
5,100
5,100
Agency fee
25,400
25,900
26,400
Total
843,433
809,935
938,736
Changesfor2019
The City will be adding Cyber Liability insurance to the portfolio of insurance
coverage for 2019. Staff are currently in the process of completing the
application and gathering the necessary data to complete the underwriting
process. Premium is expected to be in the range of $20,000 for $2,000,000 in
limits of Cyber Insurance coverage.
AI
-3 -
Property Premium
The property rate per $1,000 of insured value has remained the same but the
overall premium has changed due to the addition of the Hilton/Market Square
Sea Wall to the property list (valued at over $14,000,000 and a slightly higher
evaluation of City properties overall. The City's total value of property insured
has changed from $390,415,014 to $415,238,038.
Automobile Premium
The rates for individual vehicle classes (fire, police, non -emergency...) have not
changed. The overall number of vehicles at the time the application for renewal
was submitted is slightly lower than the number of vehicles in 2018 but there are
additional buses in our Transit Fleet. So while the overall number has decreased,
the addition of higher value buses increases the overall premium. This rate will
be reviewed and does fluctuate with additions and subtractions of vehicles.
SERVICE AND FINANCIAL OUTCOMES
As a result of the 2016 RFP, each facility and fleet vehicle experienced a
reduction in costs to operate along with a substantial reduction to the general
fund liability insurance and these savings continued into 2018 and onto 2019.
We have maintained these savings with pro -active Risk Management techniques
working together with each department to closely monitor our experiences and
losses. The efforts have created positive outcomes for service areas and citizens
combined (less claims, less payments, lower premiums etc.) and we expect this
collaboration to continue.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
None
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COUNCIL REPORT
M&C No.
2019-01
Report Date
January 08, 2019
Meeting Date
January 14, 2019
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Business Improvement Area 2019 Budget
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Jonathan Taylor John Collin
RECOMMENDATION
1. That as recommended by the Board of Directors of Uptown Saint John
Inc., Common Council approve the submitted 2018 budget for the
Business improvement Area.
2. That Common Council give third reading to the BIA By -Law.
EXECUTIVE SUMMARY
Uptown Saint John has submitted the 2019 Association budget for Council's
approval. The proposed budget would retain the same levy rate of 16 cents for
each $100 of assessed value on non-residential property in the Business
Improvement Area from previous years. The budget has been advertised in the
newspaper and no written objections have been received by the Clerk's office.
Council may now proceed with approving the budget and amending the BIA
bylaw for 2019.
PREVIOUS RESOLUTION
Council Resolution of December 3, 2018:
"RESOLVED that the 2019 Association Budget for the Business Improvement
Area be received for information and that advertising be authorized for setting
January 14, 2019 as the date for Council to consider approving the budget"
REPORT
The City of Saint John has a Business Improvement Area ("BIA") in the uptown
region which imposes a 16 cent levy for each $100 of assessed value on non -
-2 -
residential property within the BIA. The City's BIA by-law describes the specific
boundaries of the BIA and the rate paid within the area.
Uptown Saint John Inc. is responsible for administering the funds generated from
the levy, which it uses for beautification initiatives and development activities
aimed at stimulating local business within the uptown.
The 2019 budget was approved by Uptown Saint John's board of directors on
November 01, 2018. Pursuant to the BIA Act, on December 3rd Council
authorized staff to advertise the following in the newspaper:
• Its intention to approve the budget
• The extent of the levy needed to implement the budget
• The period during which objections may be made
The period for written objections has now elapsed and no written objections
have been filed with the Clerk's office. Council may now proceed with approving
the budget and amending the BIA by-law for 2019.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Uptown Saint John
ATTACHMENTS
• Uptown Saint John 2019 Budget
• ByLaw BIA-1 Business Improvement Area By -Law
• Public Notice
• ByLaw BIA-2 Business Improvement Levy By -Law (3rd Reading)
E:ii]
November 28, 2018
Mayor and Councilors
City of Saint John
PO Box 1971
Saint John, New Brunswick
E2L4L1
Your Worship and Councilors;
On behalf of the Board of Directors of Uptown Saint John Inc., please find attached a
copy of our 2019 Budget, which was approved by the Membership at the Annual Budget
Meeting held on Tuesday, November 01, 2018. This meeting was advertised and
conducted in accordance with the Business Improvement Areas Act of New Brunswick.
Regards,
Nancy Tissington
Executive Director
506 6331426
•Iife•uptown
17 Canterbury Street, Suite 180, Saint John, NB E21- 2C3 81
506.633.97971 uptownsj.com I {a uptowns]
Advocacy 5,000.00
111111111111 III"""III IIII'°°° III
9,700.00
Clean & Safe Programs 21,334.00
Marketing etiin ornimunii atiions 129,789.00
Operations & Administrative Expenses 291,174.00
iilik)airi III1')esliii uri & I I'eve llll0llPlIxiierit. 25,000.00
481,997.00
Area Rate will remain unchanged at 0.16 per 100.00 of assessed value
E:3►
BY-LAW NUMBER BIA-1
BUSINESS IMPROVEMENT AREA BY-LAW
Be it enacted by the Common Council of
The City of Saint John as follows:
1 The area bounded by the following streets
is hereby designated as a Business Improvement
Area under the Business Improvement Areas Act,
namely, the northern side of Union Street from the
Water to George Street, along the rear of those lots
that are situated along the north side of Union to
Sydney Streets, along the western side of Sydney
Street to Princess Street, along the northern side of
Princess Street to the water; the properties located
on the south side of Princess Street, from Water
Street to Sydney Street, having civic numbers 42,
46-54, 76, 80, 86, 94, 100-102, 108-112, 116, 136,
156 and 162 Princess Street and 139 Germain
Street; and the north side of Union Street from
George Street to Smythe Street, known as the
Union/George Street Parking Lot and the
Union/Smythe Street Parking Lot; and the
following properties:
Property Address NBGIC Number
V
ARRETE` N° BI4-1
ARRETE CONCERNANT LA ZONE
D'AMELIORATION DES AFFAIRES
Le conseil communal de The City of Saint John
6dicte :
I La zone delimit& par les rues suivantes est par
les presentes designee comme zone d'am6lioration des
affaires en vertu de la Loi sur les sones d'ainOioralion
des affaires, 6 savoir Ie cbtd nord de la rue Union, de
1'eau jusqu'6 la rue George, le long du fond des lots
situes le long du c6t6 nord de la rue Union jusqu'A la nue
Sydney, le long du cote ouest de la rue Sydney jusqu'A
]a rue Princess, le long du c6t6 nord de ]a rue Princess
Jusqu'A Peau; les terrains situ6s du c6te sud de la rue
Princess, de la rue Water jusqu'6 la rue Sydney, portant
les num6ros municipaux 42, 46-54, 76, 80, 86, 94, 100-
102, 108-112, 116, 136, 156 et 162, rue Princess et 139,
rue Germain; et le c6t6 nord de la rue Union, de la rue
George jusqu'a la rue Smylhc, soit le terrain de
stationnement des rues Union/George et le terrain de
stationnement des rues Union/Smythe; ainsi que les
terrains suivants :
Adresse de voirie Num6ro de la CIGNB
154 Pnncess Street
01625340
154, rue Princess
01625340
148 Princess Street
01625332
148, rue Princess
01625332
142 Princess Street
01625324
142, rue Princess
01625324
138 Pnncess Street
01625316
138, rue Princess
01625316
134 Princess Street
01625293
134, rue Princess
01625293
130 Princess Street
01625285
130, rue Princess
01625285
80 Charlotte Street
01625277
80, rue Charlotte
01625277
143 Charlotte Street
01625269
143, rue Charlotte
01625269
87 Canterbury Street
01628225
87, rue Canterbury
01628225
93 Canterbury Street
01624360
93, rue Canterbury
01624360
162 Prince William Street
01628233
162, rue Prince William
01628233
160 Prince William Street
01628241
160, rue Prince William
01628241
154 Prince William Street
01628259
154, rue Prince William
01628259
122 Prince William Street
01628275
122, rue Prince William
01628275
120 Prince William Street
01658898
120, rue Prince William
01658898
114 Prince William Street
01628283
114, rue Prince William
01628283
130 Prince William Street
01628267
130, rue Prince William
01628267
177 Prince William Street
01624394
177, rue Prince William
01624394
167 Prince William Street
01628534
167, rue Prince William
01628534
133 Prince William Street
01628500
133, rue Prince William
01628500
127 Prince William Street
01628495
127, rue Prince William
01628495
119 Prince William Street
01628487
119, rue Prince William
01628487
113 Prince William Street
01628479
113, rue Prince Withain
01628479
100 Water Street
01628550
100, rue Water
01628550
106 Water Street
01628542
106, rue Water
01628542
110 Water Street
01624409
110, rue Water
01624409
and the following properties located on both sides
of Smythe Street between Union Street and Station
Street:
Property Owner NBGIC Number
Saint John Port Corporation
55011902
Saint John Port Corporation
00426197
City of Saint John
40147
City of Saint John
38976
City of Saint John
38984
Power Commission of Saint John 55008767
Power Commission of Saint John 55031561
amsi que les terrains suivants situ6s des deux c6t6s de la
rue Smythe, entre la rue Union et la rue Station :
Propri6talre Numero de Ia CIGNB
Societe du Port de Saint John
55011902
Societe du Port de Saint John
00426197
City of Saint John
40147
City of Saint John
38976
City of Saint John
38984
Power Commission of Saint John 55008767
Power Commission of Saint John 55031561
E:icj
- all as shown on the plan attached hereto as - le tout illustrd sur le plan ciyoint en tent qu'annexe A,
Schedule "A" and forming part of this by-lawqui fait partie du prdsent arretd.
2 A by-law of The City of Saint John enacted 2 L'arrctd do The City of Saint John ddicte le
on the seventeenth day of December, 1984 entitled 17 ddcembre 1984 et intitule By-law Number B 102
"By-law Number B-102 Business Improvement Busuiess Improvement Area By -Law, ensemble ses
Area lay -Law", and all amendments thereto is modifications, est abroge des I'entrde en vigueur du
repealed on the coming into force of this by-law, present arrtte„
IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait apposer
has caused the Common Seal of the said City to be son sceau communal sur le present arrete le 5 Ranvier
affixed to this by-law the 5;" day of January, A.D. 2004, avec les signatures suivantes :
2004 and signed by;,
ConAClerk/ Grelfier communal
First Reading December 8,21M3 Premiere lecture . le 8 decembre 2003
Second Reading January 5, 2004 Deuxieme lecture 7 le 5 Ranvier 2004
Third Reading January 5, 2004 Troisieme lecture le 5 Ranvier 2004
E:11
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BUSINESS
IMPROVEMENT LEVY
Public Notice is hereby given that
the Common Council of The City
of Saint John has been requested
by the Board of Directors of
Uptown Saint John Inc. and
intends to consider approving a
budget for the designated Business
Improvement Area, at its regular
meeting to be held in the Council
Chamber on January 14, 2019
at 6:30 pm.
The proposed budget for the
Business Improvement Area is as
follows:
REVENUE
Special BIA Levy S 481,997.00
"X I :JIB "
Advocacy
5,000.00
Beautification
9,700.00
Clean & Safe Programs
21,334.00
Marketing and
21 334.00
Communications
129,789.00
Operations &
129 789.00
Administration Exp.
291,174.00
Urban Design &
291174.00
Development
25.000.00
TOTAL $ 481,997.00
The proposed levy to be imposed
on non-residential property
within the designated business
improvement area is 16 cents per
$100.00 of assessment for 2019.
Pursuant to the Business
Improvement Areas Act the said
proposed budget shall not be
approved if objections in writing
are filed with the undersigned
not later than January 14, 2019
jointly or independently by one-
third or more of all non- residential
users or by non-residential users
who would together be liable
to pay one-third or more of the
amount to be raised by a levy.
Jonathan Taylor, Common Clerk
658-2862
TAXE SUR L'AMWORATION
DES AFFAIRES
Par les presentes, un avis public
est donne par sequel le conseil
communal de The City of Saint
John a la demande du conseil
d'administration de Uptown Saint
John Inc., indique son intention
d'approuver un budget pour la
zone d'amelioration des affaires
designee tors de la reunion ordina'rre
qui se tiendra le 14 Janvier 2019
a18h30.
Le budget propose pour la zone
d'amelioration des affaires se
r6partit comme suit
RECETTES
Taxe sur la zone d'amelioration
des affaires special 481 997.00$
DSP. ENSE$
Plaidoyer
5000.00S
Embellissement
9700.00
Programmes propres
et securitaires
21 334.00
Marketing et
communication
129 789.00
Operations et
administration
291174.00
La conception et le
developpement urbain
25 QQ0,00
TOTAL 481 997.005
La taxe prevue sur les biens-fonds
non residentiels situ6s dans la zone
d'amelioration des affaires designee
sera de 0,16 S par tranche de 100 $
devaluation pour I'an 2019.
En vertu de la Loi sur les zones
d'am6lioration des affaires, le budget
pr6vu ne doit pas etre approuve
si des objections par ecrit son
d6pos6es au soussigne au plus tard
ie 14 Janvier 2019, conjointement
ou independamment, par un tiers
ou plus de tous les utilisateurs
non residentiiels ou par un groupe
d'utilisateurs non residentiels qui
seraient responsables de payer un
tiers ou plus du montant a prelever
au moyen d'une taxe.
Jonathan Taylor, greffier communal
658-2862
A LAW TO AMEND
BY-LAW NUMBER BIA-2
BUSINESS IMPROVEMENT LEVY
BY-LAW
ARRETE MODIFIANT
ARRETE No BIA-2
ARRETE CONCERNANT LA
CONTRIBUTION POUR
L'AMELIORATION DES AFFAIRES
Be it enacted by the Common Council of Le conseil communal de The City of Saint
the City of Saint John as follows: John decrete ce qui suit:
The Business Improvement Levy By -Law
of The City of Saint John enacted on the
third day of January, 2006, is amended by:
Uarrete concernant la contribution pour
]'amelioration des affaires de The City of
Saint John decrete le 3 janvier 2006 et
modifie par:
1 Repealing section 2 thereof and 1 L'abrogation de Particle 2 aux
inserting the following: presentes et Pajout du texte qui suit :
2 A levy of 16 cents for each one
hundred dollars of assessed value is hereby
imposed for 2019 upon non-residential
property within the Business Improvement
Area established by By -Law No. BIA-1
Business Improvement Area By -Law
enacted on the 5`h day of January, 2004.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the **** day of ****, A.D.
2019 and signed by:
2 Par la presente, une contribution de
16 cents par tranche de cent dollars par
rapport a la valeur fixee est imposee pour
I'annee 2018 sur les immeubles non
residentiels situes a l'interieur de la zone
d'amelioration des affaires etablie en vertu
de l'Arrete n" BIA-1 relatif a la zone
d'amelioration des affaires edicte le 5
janvier 2004.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete ** ** ***** 2019,
avec les signatures suivantes :
_ ..............y m ----,,,,,,,,,,,,.,.,.,---,,,.,.,.,.,.,,,,,,,,.,,,,,,,m,,.,,
MayorlMaire
Common Clerk/Greffier communal
First Reading - December 17, 2018 Premiere lecture -
Second Reading - December 17, 2018 Deuxieme lecture -
Third Reading - Troisi6me lecture -
E:1Fl
le 17 decembre 2018
le 17 decembre 2018
Received Date January 07, 2019
Meeting Date January 14, 2019
Open or Closed Open Session
His Worship Don Darling and
Members of Common Council
Subject: Expanding the Saint John Common Council Committee Structure
Background:
WHEREAS:
1. Saint John Common Council has worked within a Committee form of governance since September 2016,
when the City Manager was directed on July 16, 2016 to establish two Committees (Finance and Growth).
2. The Finance Committee and Growth Committee, since being implemented as part of the committee pilot
project, have been received very favourably, while also improving Council focus, collective understanding
and results.
3. The City Manager's review of the Committee structure in March 2017, which followed 6 months of
assessment, indicated positive results, a desire to continue the current structure and signalled positive
ambition to include other possible Committees (e.g. Public Safety, Community Services, Environment).
4. The creation of the Finance Committee and Growth Committee have not interfered with the regular
reporting from agencies, boards and commissions with significant financial or operational linkage with the
City but have enhanced reporting and opportunities for improvement and value to citizens.
5. Whereas staff have opportunity to make recommendations to simplify, where possible, the structure of City
controlled agencies, boards and commissions the creation of a Public Safety Committee can encourage this
to continue (e.g. EMO Committee eliminated and now be managed within the Public Safety Committee).
6. Public Safety Services amount to a significant sum of $57,061,725 of the 2019 General Operating Budget.
Alternatively, a property assessment of $170,000, tax rate of $1.785 per $100 of assessment and property
tax bill of $3,035, would see $1,080 go directly towards Fire & Safety Services and Police & PSSC.
Motion:
THEREFORE BE IT RESOLVED THAT:
Council direct the City Manager, to develop a plan to expand the City of Saint John Common Council
Committee Structure to include a third Committee, that being a Public Safety Committee.
Respectfully Submitted,
(Received via email)
Greg Norton
Councillor Ward 1
City of Saint John
SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 41-1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E21 - 4L1
---- — I
E:1:1
COUNCIL REPORT
M&C No.
2019-5
Report Date
January 07, 2019
Meeting Date
January 14, 2019
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 1536
Loch Lomond Road (PID 312744)
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
John Collin
RECOMMENDATION
RESOLVED, that the building located at 1536 Loch Lomond Road, PID# 312744, is
to be demolished as it has become a hazard to the safety of the public by reason
of dilapidation; and
BE IT FURTHER RESOLVED, that said building is to be demolished as it has
become a hazard to the safety of the public by reason of unsoundness of
structural strength; and
BE IT FURTHER RESOLVED, that one or more by-law enforcement officers
appointed and designated under the Saint John Unsightly Premises and
Dangerous Buildings and Structures By-law are hereby authorized to arrange for
the demolition, 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 1536 Loch
Lomond 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
E-lue
-2 -
REPORT
Inspections of the property at 1536 Loch Lomond Road, PID# 312744, have
revealed that there are three buildings on the premise; a single -storey, single
family, wood framed house with a finished basement, a two car, wood framed
garage, and a wooden shed. Staff first became aware of the property's vacancy
in May 2018 and began standard enforcement procedures. The property is
located in the City's East Side in a two -unit 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. The house and garage are a hazard to the
safety of the public by reason of unsoundness of structural strength.
For the reasons described in the attached Inspection Report, a Notice to Comply
was issued on December 4, 2018 and was posted to the building on December 5,
2018, as per section 132(3) of the Local Governance Act that outlines acceptable
methods of service. As the property is abandoned, an Entry Warrant was
required to conduct an internal inspection of the building. The Certificate of
Registered Ownership lists an individual as the owner. The Notice provided the
owner with 30 days to remedy the conditions at the property. The owner did not
file a formal appeal and did not take remedial action to comply with the
requirements of the Notice. A compliance inspection was conducted on January
7, 2019 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 December 28, 2018 and was posted to the building on January
2, 2019.
STRATEGIC ALIGNMENT
Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and
Structures By-law aligns with Council's Vibrant, Safe City priority.
0I91
-3 -
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 and will take about 3-5 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.
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
Affidavit of Posting - Notice to Comply
Affidavit of Posting - Notice of Common Council Hearing Letter
Photos
021
Parcel identifier:
PID #3I2744
Address: 1536 Loch Lomond Road, Saint John,
New Brunswick
Owner(s) or Occupier(s):
Name: Elliott, Ryan David
Address: 53 McClaren Drive, Oromocto, New
Brunswick, E2 V 1 L8
%_I LJ ai,1L' X71 asr a avva L.7
(Loi sur la gouvernance locale,
L.N.-B. 2017, ch. 18, par. 132(2))
Numero d'identifieation de la parcelle :
NID : 312744
Adresse: 1536, route Loch Lomond, Saint
John, Nouveau -Brunswick
Proprietaire(s) ou occupant(s) :
Nom. Elliott, Ryan David
Adresse : 53, avenue McClaren, Oromocto,
Nouveau -Brunswick, E2V 1 L8
Local government giving notice: The City of Saint Gouvernement local signifiant ('avis : The City of
John Saint John
By-law contravened: Saint John Unsightly Premises
and Dangerous Buildings and Structures By -Law, By-
law Number M-30 and amendments thereto (the "By-
law").
Provision(s) contravened: Subsections 6(l), 6(2) and
6(3) of the By-law.
Conditions(s) that exist: 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 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 copy of the inspection report dated
December 4, 2018 prepared by Rachel Van Wart, EIT,
By-law Enforcement Officer, reviewed and concurred in
by Amy Poffenroth, P. Eng., By-law Enforcement
Officer.
What must be done to correct the condition: 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
be demolished as the corrective action to address the
hazard to the safety of the public and the premises may
be cleaned up.
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.
Arrete enfreint : Arrete relatif aux lieux inesthetiques
et aux 66timents et constructions dangereux de Saint
John, Arrete numero M-30, ainsi que ses
modifications ci-afferentes (1' «Arrete )>).
Disposition(s) enfreinte(s) : Les paragraphes 6(1),
6(2) et paragraphe 6(3) de 1'Arrete.
Description de la (des) situation(s) : Les lieux sont
inesthetiques en permettant la presence de ferraille,
de detritus et le batiment delabre. Le batiment
est devenu dangereuse pour la securite du public du
fait de son inhabitation ou de son inoccupation et est
devenu dangereuse pour la securite du public du fait
de son delabrement et du fait de manque de solidite.
Les conditions du batiment et des lieux sont decrites a
1'annexe o A », une copie conforme du rapport
d'inspection en date du 4 decembre 2018 et prepare
par Rachel Van Wart, IS, une agente charge de
1'execution des arretes municipaux, revise et en
d'accorde avec par Amy Poffenroth, ing., une agente
charge de 1'execution des arretes municipaux.
Ce qu'il y a lieu de faire pour y remedier: La
proprietaire doit restaurer les conditions en se
conformant aux recommandations du rapport
d'inspection susmentionne et d'amener le batiment et
Ies lieux en conformites avec I'Arrete.
Dans 1'eventualite que la proprietaire ne remedient pas
le batiment et les lieux dans le temps prescrit par le
present avis de conformite, le batiment pourront etre
demolis comme mesure corrective compte tenu qu'il
represente un danger pour la securite du public et les
lieux pourront etre nettoyes.
Dans l'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.
The aforementioned remedial actions relating to the Les mesures correctives susmentionnees relativement
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.
et autres items sur les lieux ne comprennent pas le
nettoyage, la remise en dtat des lieux, des terrains ou
des biens personnels ou toute autre mesure corrective
dans le but de controler ou de rdduire, d'eliminer le
ddversement, de modifier le mode de deversement ou
le ddversement d'un polluant dans ou sur
1'environnement ou toute partie de 1'environnement.
Date before which the condition must be corrected:' Delai imparti pour y remedier : '
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 for giving notice of appeal: 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 HaII 8'h Floor, 15
Market Square, Saint John, New Brunswick, E21, 4L1.
Potential penalty for not complying with notice
within time set out in notice:' Subsection 11(1) of the
By-law states that a person who fails to comply with the
terms of a Notice to Comply given under section 7 of
the said By-law, commits an offence that is punishable
under fart 2 of the Provincial Offences Procedure Act
as a category F offence.
Where an offence under subsection 11(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 I I(3)(b)(i).
a) La demolition du batiment et le nettoyage des
lieux doivent etre compl&&s, ou a laquelle
les plans et demande de permis pour les
mesures des reparations, doivent etre
soumises, dans les 30 fours qui suivent la
signification de I'avis de conformitd.
b) Les reparations reliees aux mesures doivent
etre completees dans les 120 jours qui suivent
la signification de Pavis de conformite.
Date limite pour donner Pavis d'appel: Dans les 14
jours qui suivent la notification de I'avis de
conformitd.
Processus d'appel : La proprietaire peux dans les 14
jours qui suivent la notification de I'avis de
conformite, envoyd un avis d'appel par courrier
recommandd it la greffiere communale de la
municipalite, a The City of Saint John, Edifice de
I'hotel de ville, 8` etage, 15 Market Square, Saint
John, Nouveau -Brunswick, E2L 4L 1.
Peine possible en cas d'omission de se conformer
aux exigences de Pavis dans le delai y impard : '
Le paragraphe 11(1) de 1' Arrete prdvoit quiconque
omet de se conformer aux exigences formulees dans
un avis de conformitd notifie aux termes de Particle 7
de ladite Arretd, 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 Glasse F.
Lorsqu'une infraction prevue au paragraphe 11(1) se
poursuit pendant plus d'une journee, Famende
minimale qui peut etre imposee est Pamende
minimale prevue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la Glasse F multiplide par le nombre de
jours pendant lesquels ('infraction se poursuit
conformdment a Palinea 11(3)b)i).
comply wttn a iNouce to i.ompty given unuel sacr,vn r
within the time set out in the said Notice, the City 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 12(3) of the By-law
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 City.
A�
Dated at Saint John the.. F day of December, 2018.
Local government: The City of Saint John
Signature of the officer of the local government:
UV. 1 PUIU G, .)1 un Qvla UG %,V111V11111W a LlL .71511111 + uun
termes de Particle 7 de ladite Arret6 et que le
propri6taire ou Poccupant ne se conforme pas a cet
avis de conformite dans le delai imparti et tel qu'il est
r6put6 confirmd ou tel qu'il est confirme ou modifie
par un Comite du Conseil ou par un juge en vertu le
paragraphe 12(3) de ladite Arrete, la municipalit6 peut
faire nettoyer ou reparer les lieux de ce propri6taire ou
de cet occupant ou de faire reparer ou d6molir le
batiment ou autre construction de ce propri6taire ou de
cet occupant, et les coots afferents a 1'execution des
ouvrages, y compris toute redevance ou tout droit
connexe, sont mis a la charge du proprietaire ou de
('occupant et deviennent une cr6ance de la
municipalit6.
Fait a Saint John le d6cembre, 2018.
Gouvernement locale : The City of Saint John
Signature du fonctionnaire du gouvernement local:
Contact information of the officer of the local Coordonnees du fonctionnaire du gouvernement
government: local:
Name: Rachel Van Wart, EIT
Mailing address:
Growth and Community Development Services
The City of Saint John
15 Market Square
City Hall Building, 10`' Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: (506) 658-2911
E-mail: rachel _va,,,nwart arngp .c
Fax: (506) 632-6199
Corporate seal of the local
Notes:
1. All appropriate permits mus
legislation must be complied with
required remedial action.
Nom: Rachel Van Wart, IS
Adresse postale:
Service de la Croissance et du Developpement
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
Telephone: (506) 658-2911
Adresse 6lectronique: rachel.vanwart,rils iingohn ca
Telecopieur : (506) 632-6199
Sceau du gouvernement local
Notes :
1. Tous les permis prescrits doivent etre obtenus et toute la
legislation pertinente dolt etre respect6e pendant I'execution des
mesures de rem6diation.
2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de I'amende n'a pas pour effet d'annuler
with the by-law, standard or notice. ]'obligation de se conformer a 1'arret6, a la norme ou a ]'avis.
3. Costs become a debt due to the local government and may be 3. Les coots deviennent une cr6ance du gouvemement local et
added to the joint local government and provincial Real Property peuvent etre ajout6s a l'avis commun d'6valuation et d'imp6t
1536 Loch Lomond Road ---
Saint John, New Brunswick _20.-
PID# 312744' A
� :arils Officer
Inspection Date: November 1, 2018
Inspection Conducted by: Rachel Van Wart, EIT and Catherine Lowe, EIT
Introduction
Inspections of the property at 1536 Loch Lomond Road, PID# 312744, have revealed that
there are three buildings on the premise (the "Buildings"); a single -storey, single family,
wood framed house with a finished basement (the "House"), a two car, wood framed
garage (the "Garage"), and a wooden shed (the "Shed"). Staff first became aware of the
property's vacancy in May 2018 and began standard enforcement procedures. The
property is located in the City's East Side in a two -unit 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. The House and Garage are a hazard to the safety of the
public 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 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;
(c) a derelict vehicle, equipment, machinery or the body of any part of a
vehicle equipment or machinery, or
(d) a dilapidated building.
There is an accumulation of junk, rubbish, and refuse on the property. These
items include, but are not limited to; discarded children's toys, deteriorating
newspapers in delivery bags, a propane tank, an office chair, rugs, a garden hose,
a plastic table, garbage cans, roof shingles, sheets of plywood, glass, and other
loose and bagged garbage. There is a fence to the left of the House spanning from
the front of the House to the property line, and another small section at the front
right of the House. The fence has a wooden frame that is deteriorated and rusted
metal lattice. The aforementioned accumulation of junk, rubbish, and refuse is
unsightly.
2. The House is dilapidated. The vinyl siding on the exterior of the House is
discolored and cracked in some locations. The wooden trim of the House is rotten.
Many windows of the House are broken, with jagged glass still in the window
panes. The front deck is sagging and unsound. The rear deck is rotting, with holes
and soft boards in some locations. The door leading to the basement of the House
is aiar and the bottom panel of the door is missing. The glass door at the rear of
entrance of the Garage is crumpled and has detached from the frame. Wall panels
at the left and rear of the Garage have fallen.
The paint on the Shed is peeling. One of the doors to the Shed is missing
completely while the other remains open. These conditions are unsightly.
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 Buildings are a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons:
1. The Buildings have been found open during multiple routine inspections and are
considered to be abandoned. A Demand to Enter Letter was sent to the owner by
registered mail and was picked up at the post office by the owner; however the
owner did not contact this department or show up at the property on the scheduled
date. This resulted in the need for an application for an entry warrant in order to
assess the interior conditions of the Buildings. The front door of the House is
unlocked and can easily be pushed open. The door to the basement of the House is
open and will not shut. The rear sliding glass door of the House is open and off
the track. The sliding glass door cannot be closed. The Garage is also not secure.
In addition, the Shed door is also open. 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 been
disconnected since July 2017.
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. There is evidence of vandalism
on the property and inside the House as many windows are broken and items are
damaged. There is a neighboring single family home located at 1548 Loch
Lomond Road in close proximity. If a fire event were to occur within the Building
it could potentially spread to the neighboring property, causing damage to the
building and endangering the lives of the occupants. Trespassers could easily
cause a fire if they are smoking in the Buildings.
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 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 garbage and
household items strewn throughout the Building. The roof in the kitchen is
leaking and has caused water to pool on the floor of the kitchen. Water resting on
the floor could cause the floor to become unsound and presents a slipping hazard.
The basement floor is covered with mounds of deteriorated material such as
paper, drywall, and insulation. There are boxes, appliances, and various other
discarded bulky items in the basement which create tripping hazards. These
conditions could restrict the movement or cause injury to emergency personnel
should they need to gain entry into the Building.
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 Buildings are a hazard to the safety of the public by reason of dilapidation for the
following reasons:
1. The exterior of the House is dilapidated. The deck on the right side of the House
which provides access to the main entrance is sloped below the grade of the door
and deflects under load. The deck on the left side of the House is rotten with loose
boards and soft under Ioad. There is also a hole in the deck boards, measuring
approximately 1 ft by i ft. The doors to the House are open and accessible; the left
side sliding glass door no longer closes, the right side door is unlocked and
accessible and the basement door is ajar and open. The wood trim on the Building
is peeling and rotten. Various windows are open and broken. There are hazardous
sharp objects such as broken glass and nails around the perimeter of the property.
The fence to the left of the Building and the small section to the right of the
Building are dilapidated. The wood on the fence is rotten and the metal is rusted.
Sections of the fence are leaning.
2. The main floor of the House is dilapidated and hazardous. There is mold on walls
and ceilings. These conditions pose a respiratory hazard to anyone entering the
Building. There is a large accumulation of bagged and loose garbage and
household items covering the floor. The kitchen floor is covered with food
containers and garbage that is rotten and water damaged. There is a leak in the
roof of the kitchen which is causing water to pool on the floor. The kitchen ceiling
tiles are peeling, discoloured and sagging. There is a hole in the rear wall of the
House below a large picture window that is damaged, with missing drywall and
insulation exposing the rotten exterior wall. There are cracks in various walls
throughout the main floor of the House. One of the bedroom doors is wedged
shut, however the interior of the room could partially be seen through the broken
bedroom window, accessible from the left deck. The bedroom contains scattered
garbage and broken children's toys.
The basement of the House is dilapidated. There is extensive black mold growth
throughout the entire basement on numerous surfaces, which poses a respiratory
hazard to anyone entering the House. Sections of basement ceiling drywall and
insulation have fallen and remain lying on the floor and on top of discarded items.
Water damaged paint, insulation, and drywall also hang from the basement
ceiling. Discarded garbage and household items cover the floor and include boxes,
magazines, various piles of decomposing paper, and other discarded items. The
large volume of items presents a tripping hazard for anyone who may enter the
basement. The exterior door leading to the basement is open and cannot be closed,
allowing the elements into the basement. Continued exposure to water and damp
conditions will cause the walls, ceilings, and items left in the basement to further
deteriorate.
4. The Garage is dilapidated; the structure is leaning to the right and sagging in the
center. A portion of the rear wall has detached from the rest of the structure.
Numerous wall panels of the Garage are missing while others are loose and
hanging. The left side Garage door opening is missing a piece of plywood,
exposing discarded items and the right side metal garage door is rusted, broken
and has detached from the frame of the Garage. The soffit and fascia at the front
of the Garage are rotten, loose and hanging. The Garage is not protected from the
elements which have caused it to deteriorate. The Garage contains many
discarded items, some of which are leaning against the walls. The weight of these
broken. The Shed contains garbage, a lawn mower, a barbeque, and other
discarded items. These items and the wooden floor of the Shed are water
damaged. If left in this state the Shed will further deteriorate.
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 House and Garage are a hazard to the safety of the public by reason of unsoundness
of structural strength for the following reasons:
I. Numerous conditions within the House indicate structural issues. The leak in the
ceiling of the kitchen is severe. During the interior inspection water was actively
dripping from multiple locations of the ceiling and collecting in a pool of water on
the floor below. The kitchen ceiling tiles are peeling, discoloured and sagging.
There is a hole in the rear wall of the House below a large picture window that is
damaged, with missing drywall and insulation exposing the rotten, unsound
exterior wall. There are cracks in various walls throughout the main floor of the
House indicating structural movement. One of the bedroom doors is wedged shut,
possibly due to movement of the House.
2. The decks on the right and left side of the House are unsound. The section of deck
below the main entrance to the Building is sloped as it has fallen below the grade
of the rest of the deck, nearly resting on the ground. The deck deflects under load
and the deck boards are rotten and deteriorated. The deck on the left side of the
House is rotten with loose boards and soft under load. There is also a hole in the
deck boards, measuring approximately 1 ft by 1 ft.
3. The Garage is structurally unsound. It is leaning to the right and sagging in the
center. The interior wooden beams of the Garage are sagging. Numerous wall
panels have fallen from the Garage on the right, left, and rear sides. A portion of
the rear wall has detached from the rest of the structure. The Garage is at risk of
collapsing if it is left in this condition.
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 must be completely repaired to remedy the above
mentioned hazards to public safety while meeting the requirements of the
National Building Code of Canada (20,10) 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
approval. The plan should also include a schedule for the work that is to be
carried out. The repaired Buildines must meet the National Building Code of
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:
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.
S. The property must be in compliance with all applicable By-Iaws, Acts and
Regulations.
Prepared by:
CaIULWJ__ iAt(' D2 c e 20
Catherine Lowe, EIT Date
Technical Services Officer
Growth and Community Development Services
�.
m
�Rrhel Van Wart, EIT Date
Technical Services Officer
Growth and Community Development Services
Amy Poffenroth, P. Eng., MBA
Building Inspector
Deputy Commissioner
Growth and Community Development Services
Gecern bpi Lf 12-0 18
Date
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
15- 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 ol'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' 0 at approximately 1 posted a
'kl� 2 1
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 fty, - F,, ---- day of C , C )jvA V�) 9
_,- � _, 2018
\RACHEL A VAN WART
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 31 ST 2022 101
ki,ocal - 1, 1--, 1 --N-"
This is Exhibit 'A" (Loi sur la gouvernance locale,
Referred to In the Affidsvit Of L.N.-B. 2017, ch. 18, par. 132(2))
Parcel identifier: Sworn before Me at the MY *um6ro d'identification de la parcelle
Saint John New Brunswick
PID #312744 the-ILdayof LES` NID: 312744
sir
o
Address: 1536 Loch Adresse : 1536, route Loch Lomond, Saint
New Brunswick Comm s 0, John, Nouveau -Brunswick
Owner(s) or Occupier(s):
Name: Elliott, Ryan David
Address: 53 McClaren Drive, Oromocto, New
Brunswick, E2V I L8
11'ropri6taire(s) ou occupant(s) :
Nom : Elliott, Ryan David
Adresse : 53, avenue McClaren, Oromocto,
Nouveau -Brunswick, E2V I L8
Local government giving notice: The City of Saint Gouvernement local signifiant l'avis : The City of
,John Saint John
By-law contravened: Saint John Unsrghdy 11rciniscs
and Dangerous Buildings and Structures lay -Law, By-
law Number M-30 and amendments thereto (the "By-
law").
Arret6 enfreint : Arr&e relalifaux liciry inesthMqiies
et aux Inititnents cit constructions dangereux de Saint
John, Arret6 num6ro M-30, aitisi que ses
modifications ci-aff6rentes (1' (< Arr6t& »).
Provision(s) contravened: Subsections 6(1), 6(2) and Disposition(s) enfreinte(s) : Les paragraphes 6(1),
6(3) of the By-law. 6(2) et paragraphe 6(3) de I'Arret&.
Conditions(s) that exist: 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 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 copy of the inspection report dated
December 4, 2018 prepared by Rachel Van Wart, EIT,
By-law Enforcement Officer, reviewed and concurred in
by Amy Poffenroth, P. Eng., By-law Enforcement
Officer.
What must be done to correct the condition: 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 rnay
be demolished as the corrective actioti to address the
hazard to the safety of the public and the premises may
be cleaned up.
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 oll'thc public.
Description de la (des) situation(s) : Les lieux sont
inesth6tiques en permcttant ]a pr6sence de ferraille,
de d6tritus et le b5tirnent d6labr6. Le bdtiment
est devenu dangereuse pour la s6curit6 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 solidit&.
Les conditions du b5tirnent et des lieux sort d6crites
Fannexe << A )>, une cople contorme du rapport
d'inspection en date du 4 d6cembre 2018 et prepare
par Rachel Van Wart, IS, Line agente cliarg6 de
1'eX6CLItion des arr&tes municipaux, revise et en
d'accorde avec par Amy Poffenroth, ing., une agente
charg& de 1'ex6cution des arr&6s municipaux.
Cc qu'il y a lieu de I*aire pour y rem6dier: La
propri6taire doit restaurer les conditions en se
conforrylant aux recommandations du rapport
d'inspection susincritionn6 et d'arnener le bdtiment et
les lieux en confot-mlt&s avec I'Arr&.
Dans 1'6ventuallt6 que ]a propri6taire ne rem6dient pas
le bitinient et les lieux dans le temps prescrit par le
pr6setit avis de conflormlt6, le b5tirnent POUrront etre
d6i-nolis conirne incsurc corrective corripte tenu qu'il
repr6sente un danger pour la s6curit6 du public et les
lieux pourront etre nettoy6s.
Dans 1'6ventuallt6 de demolition, tous les d6bris et
autres items Sur les licux seront dispos&s cornme
ineSUI-C corrective dans le but de rem6dicr le danger
pour ]a s6curit6 du public.
The aforementioned remedial actions relating to the Les mesures correctives susnientionn6es relativement
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 before which the condition must be corrected: 1
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 for giving notice of appeal: 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`" Floor, 15
Market Square, Saint John, New Brunswick, E2L 4L1.
Potential penalty for not complying with notice
within time set out in notice:z Subsection 11(1) of the
By-law states that a person who fails to comply with the
terms of a Notice to Comply given under section 7 of
the said By-law, 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 11(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 11(3)(6)(1).
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 controler ou de reduire, d'eliminer le
deversement, de modifier le mode de deversement ou
le deversement d'un polluant dans ou sur
Penvironnement ou toute partie de Fenvironnement.
Delai imparti pour y remedier : 1
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 1'avis 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 limite pour donner Pavis d'appel: Dans les 14
jours qui suivent la notification de ('avis de
conformite.
Processus d'appel : La proprietaire peux dans les 14
jours qui suivent la notification de 1'avis 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
1'h6tel de ville, 8' etage, 15 Market Square, Saint
John, Nouveau -Brunswick, E2L 4L1.
Peine possible en cas d'omission de se conformer
aux exigences de 1'avis dans le delai y imparti :
Le paragraphe 11(1) de 1' Arrete prevoit quiconque
omet de se conformer aux exigences formulees dans
un avis de conformite notifie aux termes de ]'article 7
de ladite Arrete, 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 11(1) se
poursuit pendant plus d'une joum6e, Famende
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 Finfraction se poursuit
conformement a Palinea 11(3)b)i).
L,Ulll Ay W1L11 a I'M vv w t1---
within
1— within the time set out in the said Notice, the City 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 12(3) of the By-law
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 City.
h
Dated at Saint John the 41 day of December, 2018.
Local government: The City of Saint John
Signature of the officer of the local government:
termes de Particle 7 de ladite Arretd et, que le
propridtaire ou l'occupant ne se conforme pas a cet
avis de conformitd dans le d6lai imparti et tel qu'il est
r6pute confirme ou tel qu'il est confirmd ou modifie
par un comitd du conseil ou par un juge en vertu le
paragraphe 12(3) de ladite Arrete, la municipalitd peut
faire nettoyer ou r6parer les lieux de cc proprietaire ou
de cet occupant ou de faire r6parer ou ddmolir le
batiment ou autre construction de cc propridtaire ou de
cet occupant, et les coots affdrents a 1'exdcution des
ouvrages, y compris toute redevance ou tout droit
connexe, sont mis a la charge du propridtaire ou de
l'occupant et deviennent une crdance de la
municipalit6.
Fait a Saint John le ddcembre, 2018.
Gouvernement locale : The City of Saint John
Signature du fonctionnaire du gouvernement local:
Contact information of the officer of the local Coordonn6es du fonctionnaire du gouvernement
government: local:
Name: Rachel Van Wart, EIT
Mailing address:
Growth and Community Development Services
The City of Saint John
15 Market Square
City Hall Building, 10`h Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: (506) 658-2911
E-mail: rachel.vanwart(a saintjohn.ca
Fax: (506) 632-6199
Corporate seal of the local
Notes:
1. All appropriate permits mus
legislation must be complied with
required remedial action.
Nom: Rachel Van Wart, IS
Adresse postale:
Service de la Croissance et du Developpement
Communautaire
The City of Saint John
15 Market Square
Edifice de 1'h6tel de ville, l0e 6tage
Case postale 1971
Saint John (Nouveau -Brunswick)
E2L 4L1
T616phone : (506) 658-2911
Adresse dlectronique: rachel.vanwartC&saintoohn.ca
Tdldcopieur : (506) 632-6199
Sceau du gouvernement local
Notes :
1. Tous les permis prescrits doivent etre obtenus et toute la
legislation pertinente doit etre respectee pendant Pexecution des
mesures de remediation.
2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de I'amende n'a pas pour effet d'annuler
with the by-law, standard or notice. ('obligation de se conformer a 1'arrete, a la norme ou a 1'avis.
3. Costs become a debt due to the local government and may be 3. Les coats deviennent une creance du gouvernement local et
added to the joint local government and provincial Real Property peuvent etre ajoutes a l'avis commun d'evaluation et d'imp6t
__1 m_ wi...;, fnnria rlPQ onrnvernemente Ineal et nrnvincial_
1536 Loch Lomona Koau � �� b tr 20..r.•
Saint John, New Brunswick
PID# 312744 —
ea�ar�ds Officer
Inspection Date: November 1, 2018
Inspection Conducted by: Rachel Van Wart, EIT and Catherine Lowe, EIT
Introduction
Inspections of the property at 1536 Loch Lomond Road, PID# 312744, have revealed that
there are three buildings on the premise (the "Buildings"); a single -storey, single family,
wood framed house with a finished basement (the "House"), a two car, wood framed
garage (the "Garage"), and a wooden shed (the "Shed"). Staff first became aware of the
property's vacancy in May 2018 and began standard enforcement procedures. The
property is located in the City's East Side in a two -unit 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. The House and Garage are a hazard to the safety of the
public 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 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;
(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; discarded children's toys, deteriorating
newspapers in delivery bags, a propane tank, an office chair, rugs, a garden hose,
a plastic table, garbage cans, roof shingles, sheets of plywood, glass, and other
loose and bagged garbage. There is a fence to the left of the House spanning from
the front of the House to the property line, and another small section at the front
right of the House. The fence has a wooden frame that is deteriorated and rusted
metal lattice. The aforementioned accumulation of junk, rubbish, and refuse is
unsightly.
2. The House is dilapidated. The vinyl siding on the exterior of the House is
discolored and cracked in some locations. The wooden trim of the House is rotten.
Many windows of the House are broken, with jagged glass still in the window
panes. The front deck is sagging and unsound. The rear deck is rotting, with holes
and soft boards in some locations. The door leading to the basement of the House
is ajar and the bottom panel of the door is missing. The glass door at the rear of
entrance of the Garage is crumpieu anu iia
at the left and rear of the Garage have fallen.
The paint on the Shed is peeling. One of the doors to the Shed is missing
completely while the other remains open. These conditions are unsightly.
Vacant and Unoccupied
Subsection 6(2) of the By-law states:
No person shall pen -nit 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 have been found open during multiple routine inspections and are
considered to be abandoned. A Demand to Enter Letter was sent to the owner by
registered snail and was picked up at the post office by the owner; however the
owner did not contact this department or show up at the property on the scheduled
date. This resulted in the need for an application for an entry warrant in order to
assess the interior conditions of the Buildings. The front door of the House is
unlocked and can easily be pushed open. The door to the basement of the House is
open and will not shut. The rear sliding glass door of the House is open and off
the track. The sliding glass door cannot be closed. The Garage is also not secure.
In addition, the Shed door is also open. 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 been
disconnected since July 2017.
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. There is evidence of vandalism
on the property and inside the House as many windows are broken and items are
damaged. There is a neighboring single family home located at 1548 Loch
Lomond Road in close proximity. If a fire event were to occur within the Building
it could potentially spread to the neighboring property, causing damage to the
building and endangering the lives of the occupants. Trespassers could easily
cause a fire if they are smoking in the Buildings.
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 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 garbage and
household items strewn throughout the Building. The roof in the kitchen is
leaking and has caused water to pool on the floor of the kitchen. Water resting on
the floor could cause the floor to become unsound and presents a slipping hazard.
The basement floor is covered with mounds of deteriorated material such as
paper, drywall, and insulation. There are boxes, appliances, and various other
discarded bulky items in the basement which create tripping hazards. These
conditions could restrict the movement or cause injury to emergency personnel
should they need to gain entry into the Building.
Subsection 6(3) of the By-law states
No person shall pen -nit 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 Buildings are a hazard to the safety of the public by reason of dilapidation for the
following reasons:
The exterior of the House is dilapidated. The deck on the right side of the House
which provides access to the main entrance is sloped below the grade of the door
and deflects under load. The deck on the left side of the House is rotten with loose
boards and soft under load. There is also a hole in the deck boards, measuring
approximately 1 ft by 1 ft. The doors to the House are open and accessible; the left
side sliding glass door no longer closes, the right side door is unlocked and
accessible and the basement door is ajar and open. The wood trim on the Building
is peeling and rotten. Various windows are open and broken. There are hazardous
sharp objects such as broken glass and nails around the perimeter of the property.
The fence to the left of the Building and the small section to the right of the
Building are dilapidated. The wood on the fence is rotten and the metal is rusted.
Sections of the fence are leaning.
2. The main floor of the House is dilapidated and hazardous. There is mold on walls
and ceilings. These conditions pose a respiratory hazard to anyone entering the
Building. There is a large accumulation of bagged and loose garbage and
household items covering the floor. The kitchen floor is covered with food
containers and garbage that is rotten and water damaged. There is a leak in the
roof of the kitchen which is causing water to pool on the floor. The kitchen ceiling
tiles are peeling, discoloured and sagging. There is a hole in the rear wall of the
House below a large picture window that is damaged, with missing drywall and
insulation exposing the rotten exterior wall. There are cracks in various walls
throughout the main floor of the House. One of the bedroom doors is wedged
shut, however the interior of the room could partially be seen through the broken
bedroom window, accessible from the left deck. The bedroom contains scattered
garbage and broken children's toys.
3. The basement of the House is dilapidated. There is extensive black mold growth
throughout the entire basement on numerous surfaces, which poses a respiratory
hazard to anyone entering the House. Sections of basement ceiling drywall and
insulation have fallen and remain lying on the floor and on top of discarded items.
Water damaged paint, insulation, and drywall also hang from the basement
ceiling. Discarded garbage and household items cover the floor and include boxes,
magazines, various piles of decomposing paper, and other discarded items. The
large volume of items presents a tripping hazard for anyone who may enter the
basement. The exterior door leading to the basement is open and cannot be closed,
allowing the elements into the basement. Continued exposure to water and damp
conditions will cause the walls, ceilings, and items left in the basement to further
deteriorate.
4. The Garage is dilapidated; the structure is leaning to the right and sagging in the
center. A portion of the rear wall has detached from the rest of the structure.
Numerous wall panels of the Garage are missing while others are loose and
hanging. The left side Garage door opening is missing a piece of plywood,
exposing discarded items and the right side metal garage door is rusted, broken
and has detached from the frame of the Garage. The soffit and fascia at the front
of the Garage are rotten, loose and hanging. The Garage is not protected from the
elements which have caused it to deteriorate. The Garage contains many
discarded items, some of which are leaning against the walls. The weight of these
broken. The Shed contains garbage, a iawii 111vw%1►1 u --
discarded items. These items and the wooden floor of the Shed are water
damaged. If left in this state the Shed will further deteriorate.
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 House and Garage are a hazard to the safety of the public by reason of unsoundness
of structural strength for the following reasons:
Numerous conditions within the House indicate structural issues. The leak in the
ceiling of the kitchen is severe. During the interior inspection water was actively
dripping from multiple locations of the ceiling and collecting in a pool of water on
the floor below. The kitchen ceiling tiles are peeling, discoloured and sagging.
There is a hole in the rear wall of the House below a large picture window that is
damaged, with missing drywall and insulation exposing the rotten, unsound
exterior wall. There are cracks in various walls throughout the main floor of the
House indicating structural movement. One of the bedroom doors.is wedged shut,
possibly due to movement of the House.
2. The decks on the right and left side of the House are unsound. The section of deck
below the main entrance to the Building is sloped as it has fallen below the grade
of the rest of the deck, nearly resting on the ground. The deck deflects under load
and the deck boards are rotten and deteriorated. The deck on the left side of the
House is rotten with loose boards and soft under load. There is also a hole in the
deck boards, measuring approximately 1 ft by 1 ft.
3. The Garage is structurally unsound. It is leaning to the right and sagging in the
center. The interior wooden beams of the Garage are sagging. Numerous wall
panels have fallen from the Garage on the right, left, and rear sides. A portion of
the rear wall has detached from the rest of the structure. The Garage is at risk of
collapsing if it is left in this condition.
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 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
approval. The plan should also include a schedule for the work that is to be
carried out. The repaired Buildings must meet the National Building Code of
5. A building pen -nit 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 pen -nit 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:
20
Catherine Lowe, EIT Date
Technical Services Officer
Growth and Community Development Services
R chef Van Wart, EIT Date
Technical Services Officer
Growth and Community Development Services
Amy Poffenroth, P. Eng., MBA
Building Inspector
Deputy Commissioner
Growth and Community Development Services
Geu rn b.e Lf , 2 018
Date
-I-
(ivjunicipanues A L,72,-jj;-- ---- .. --- ---- " '
c. M-22, s. 190.021(1)) QOM
ZSsltner of Oaths ej I . M-22, par. 190.021(1))
File No.:
BETWEEN:
2
Appellant(s),
-and-
THE
and -THE CITY OF SAINT JOHN,
Respondent.
Parcel Identifier: PID #
Parcel Address:
Owner(s) or Occupier(s):
Name:
Address:
Telephone:
Name:
Address:
Telephone:
N') du dossier:
ENTRE:
Appelant(s),
-et-
THE
et -THE CITY OF SAINT JOHN,
Intim6e.
Num6ro d'identification de la parcelle NID
Adresse de la parcelle
llropri&tairc(s) ou occupant(s)
Nom :
Adresse
---- - ------
T616phone:
__--
Nom:
Adresse
Telephone:
wim ine lerillb auu
that has been given under section 190.011 of the I'avis qui a dtd notifid aux termes de 1'artic e e
Municipalities Act and appeals to the Saint John la Loi sur les municipalites et fait appel au Comite
Substandard Properties Appeal Committee. d'appel des proprietes inferieures aux normes de Saint
John.
The appellant's grounds for this appeal are as follows Les motifs d'appel de 1'appelant(s) dans le present appel
(set out the grounds clearly but briefly): sont les suivants (enoncer les motifs de fagon claire et
concise) :
Dated at
the
2018.
day of Fait a
Signature of owner or occupier
2018.
Signature du propridtaire ou 1'occupant
le
The appellant(s) intends to proceed in the English L'appelant(s) a (ont) 1'intention d'utiliser la langue
or French language (Please check the appropriate frangaise ou anglaise (Veuillez cocher la case
box). appropriee).
Please forward your Notice of Appeal by registered Veuillez faire parvenir votre Avis d'appel par courrier
mail to the clerk of The City of Saint John within recommande au secretaire de The City of Saint John
fourteen (14) days after having been given the notice dans les quatorze (14) jours qui suivent la notification
at the following address: de 1 'avis a l 'adresse suivante :
Common Clerk's Office
15 Market Square, City Hall Building, 8th Floor
P. O. Box 1971
Saint John, New Brunswick
E21, 4L1
Telephone: 506-658-2862
Telecopier: 506-674-4214
Notes:
Bureau du greffier communal
15 Market Square, Edifice de 116tel de ville, 8e etage
Case postale 1971
Saint John (Nouveau -Brunswick)
E2L 4L1
Telephone: 506-658-2862
Tel ecopieur: 506-674-4214
Notes :
1 A notice that is not appealed within fourteen (14) 1. Un avis dont it West pas interjetd appel dans le:
'-a -a -K-X-
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 l'avis ou proroger le ddlai 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)
interjete 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,
interjeter appel de la decision devant un juge de la Cow
du Banc de la Reine du Nouveau -Brunswick au motif
que (a) la demarche a suivre en vertu de la Loi sur le6
municipalites n'a pas ete suivie, ou (b) la decision est
manifestement deraisonnable.
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
1 ° �� SAINT JOHN, N.B. ( PID number .3 & L )
AFFIDAVIT OF SERVICE
I, \Ar of Saint John, N.B., Make Oath And Say As Follows:
1. 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 )&
� 1�, at approximately� t�, I posted a
copy of the attached Notice of Common Council Hearing Letter, marked Exhibit "A"
to the front door of the building that is located at Locj Izalcl, Saint
John, N.B.
Sworn To before me at the
City of Saint John, N.B., .
on the day of
Lka- 2000
r
GHEE A VAN WART
COMMISSIONER OF OATHS
MY COMMISSION EXPIRES
DECEMBER 31sT, 2022 114
Oromocto, NB
E2V IL8
NOTICE OF COMMON COUNCIL HEARING
Dear Sir:
Re: 1536 Loch Lomond Rd, PID # 00312744
Dangerous and Vacant Building Program
On December 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 Premises
and Dangerous Buildings and Structures By-law. The Notice to Comply was posted on the said property on
December 5, 2018.
The fourteen (14) days appeal period has now expired. Therefore, a compliance inspection will be carried
out on January 7, 2019. 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 January 14, 2019 at
6:00p.m. to recommend that the building be demolished because it has become a hazard to the safety of the
public by reason of dilapidation or by reason of unsoundness of structural strength. Please be advised that at
this meeting, you can present evidence that the building is not dilapidated or structurally unsound; however,
note that this meeting will be your only opportunity to do so.
If you have any questions, don't hesitate to contact me at (506) 658-2911.
Regards,
Rachel Van Wart, EIT
Technical Services Officer
cc: Bayview Credit Union Limited - Saint John, NB
Royal Batik of Canada — Oromocto, NB
Bank of Montreal — Montreal, QC
RO, Bax 197b CA 1971
f ~' Saint john, NG Saint john, N,,.B,
Canada E21L 48 I Canada E2L 41
w.saa intjohn.ca
MR
Permitting
& Inspection / Service des inspections et de 1'application
By -Law Enforcement / Service d'Application des Arretes Municipaux
Phone / Tel: (506) 658-2911
Fax 1 Telec: (506) 632-6199
The c:cy of Saint John
,�
This is Exhibit '®
December 28, 2018
Referred to in the Affidavit of
Case Number: 18-0230
,
Swom before me at the City of
REGISTERED MAIL
Saint John, New Brunswick
the 1 day of ... a 9
Ryan David Elliott
"-"" ---
53 Maclaren Dr
Co4imissioner of Oailhs
Oromocto, NB
E2V IL8
NOTICE OF COMMON COUNCIL HEARING
Dear Sir:
Re: 1536 Loch Lomond Rd, PID # 00312744
Dangerous and Vacant Building Program
On December 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 Premises
and Dangerous Buildings and Structures By-law. The Notice to Comply was posted on the said property on
December 5, 2018.
The fourteen (14) days appeal period has now expired. Therefore, a compliance inspection will be carried
out on January 7, 2019. 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 January 14, 2019 at
6:00p.m. to recommend that the building be demolished because it has become a hazard to the safety of the
public by reason of dilapidation or by reason of unsoundness of structural strength. Please be advised that at
this meeting, you can present evidence that the building is not dilapidated or structurally unsound; however,
note that this meeting will be your only opportunity to do so.
If you have any questions, don't hesitate to contact me at (506) 658-2911.
Regards,
Rachel Van Wart, EIT
Technical Services Officer
cc: Bayview Credit Union Limited - Saint John, NB
Royal Batik of Canada — Oromocto, NB
Bank of Montreal — Montreal, QC
RO, Bax 197b CA 1971
f ~' Saint john, NG Saint john, N,,.B,
Canada E21L 48 I Canada E2L 41
w.saa intjohn.ca
MR
I
I
I
I
I
I
6
0
1 1
0
CL
i I ,
COUNCIL REPORT
M&C No.
2019-06
Report Date
January 09, 2019
Meeting Date
January 14, 2019
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Winter Management Plan Overview
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Jeff Hussey
Mike Hugenholtz
John Collin
RECOMMENDATION
It is recommended that Council receive for information this report.
EXECUTIVE SUMMARY
The Winter Management Plan is a document developed by staff to manage the
service levels during and after a winter storm event. The plan outline the
minimum service levels objectives and allow staff to measure their effectiveness
during the winter season.
The snow, ice, sleet, freezing rain, rain and fluctuating temperatures of Saint
John winters can produce public safety concerns of varying degrees. These
varying weather conditions coupled with our hilly terrain and coastal weather
influences can impact the traveling public on both our public streets and
sidewalks.
The resource allocations and standards outlined in this Winter Management Plan
for Streets and Sidewalks are intended to keep the community functional
through the winter months. The intent of the Plan is to coordinate winter
preparations, organize resources and guide operational protocols for servicing
our public streets and sidewalks, under widely varying conditions.
The success of this plan depends on the community working together.
Ultimately, success means the public sharing in the responsibility, working with
the City and having realistic expectations of winter service.
`IK -1
-2 -
PREVIOUS RESOLUTION
N/A
REPORT
The Winter Management Plan is reviewed annually and is subject to amendment
as our needs, service levels, weather conditions and technology change over
time. This report in particular will focus on the service level objectives, the
outcomes for winter 2017-2018 season and operational initiatives.
The Winter Management Plan breaks down the City streets into 4 priority levels:
1. Arterial streets, highway connections, emergency routes
2. Major bus routes, schools, community centers, business districts
3. Collector streets, minor bus routes, industrial parks
4. Local or subdivision streets
These street priorities are used to determine the appropriate level of service
during and post winter storm events.
The focus of City resources during a winter snow storm event is to provide safe
passage for the traveling public on our street and sidewalks. These service levels
change slightly depending on the type of weather event we are experiencing at
the time.
During a winter snow storm event our objective for streets is to plow off
accumulated snow off the travel lanes of the streets to allow basic accessibility
for emergency vehicles and the traveling public with our focus on priority 1 and 2
streets. The applications of de-icing and/or abrasive materials are reserved for
specific location such as intersections and steep hills. Depending on the weather
event, i.e. how much accumulation/hr, will depend on whether or not we can
service all our priorities (1 thru 4) for streets.
During a winter snow storm event our objective for sidewalks is to plow or blow
accumulated snow off priority 1 and 2 sidewalks to provide a minimum level of
pedestrian passage. Priority 3 and 4 sidewalks are typically dealt with after the
storm event has ended.
After a winter snow storm event has ended our objectives change for both
streets and sidewalks. Our focus is now on plowing remaining snow off travel
lanes to ensure basic traveling public movement. Once all streets have received
this basic level of accessibility the crews will then focus on pushing back to widen
the travel lanes and open drainage basins. Application of de-icing and/or
abrasive materials will accompany the push back operation and be applied as
required based on conditions and priority.
Our focus for sidewalks is to plow or blow accumulated snow for all designated
serviceable sidewalks (61% of our total inventory) and apply de-icing or abrasive
materials as necessary.
HOW
-3 -
Once the winter snow storm event has ended the City starts measuring specific
service levels that are time related. These service level measurements are
typically gathered for a winter storm event 10cm or more of snow.
The service level measurables for streets post storm event are:
• Priority 1/2:
0 8 hours after end of storm - travel lanes passable; and
0 48 hours after end of storm — travel lanes pushed back and
appropriate anti -icing material applied.
• Priority 3/4:
0 12 hours after end of storm - travel lanes passable; and
0 72/96 hours after end of storm - travel lanes pushed back and
appropriate anti icing material applied.
The service level measurables for sidewalks post storm event are:
• Priority 1:
0 12 hours after end of storm — basic pedestrian passage
0 48 hours after end of storm - walking surface with salt or sand
applied at least once.
• Priority 2/3:
0 24 hours after end of storm — basic pedestrian passage
0 3 days after end of storm - walking surface with salt or sand
applied at least once.
• Priority 4:
0 72 hours after end of storm - pedestrian passage
0 4 days after end of storm - walking surface with salt or sand
applied at least once.
Sidewalk service levels cannot mirror (in practical terms of time, consistency and
quality) what is possible on streets. This reflects the physical characteristics of
sidewalks (limited width and lack of direct drainage), effects of pedestrian traffic
versus vehicles, and limitations of sidewalk equipment. Service expectations
need to be tempered; severity of weather is a much more determinant of
sidewalk conditions.
Storm severity, temperature fluctuations, localized conditions and successive
storms will limit or prevent attainment of our stated objectives for both streets
and sidewalks.
Outcomes From 2017-2018 Season
The winter season for 2017-2018 brought 6 recordable storm events to our City.
The review of the data collected during this season is as follows:
Storm severity index is the measure of how impactful the particular storm event
was on our community. The Storm Severity Index is a scale for 0 to 100 and
incorporates variable such as accumulation, type of precipitation, temperature
fluctuations and wind speed. The average Storm Severity Index for 2017-2018
liM-13
was 46. Many of the storms involved changing precipitation and large
temperature fluctuations.
The service level measures were met 87% of the time for streets and 81% of the
time for sidewalks. This is due to the fluctuating temperature and mix
precipitation that the region received last season. The wet damp conditions that
were present combined with deep freeze temperature drops were ideal for ice
buildup on both our streets and sidewalks. This affected our ability to maintain
our infrastructure within our outlined time lines.
Winter Asphalt Maintenance
With a winter season with fluctuating temperatures brings cycles of freeze and
thaw for our road base. This impacts not only the road surface with an increase
in pot holes but also the underground infrastructure, specifically water breaks.
During the winter the City purchased approximately 250 tons of cold mix asphalt
for maintenance of pot holes and utility cuts. This included approximately 630
potholes and approximately 54 utility cut of varying sizes.
Snow Removal
Snow and ice removal operations involve a combination of internal and
contracted resources to remove (truck away) accumulated snow from the street
rights-of-way. The City removed 76 loads for the South Central Peninsula during
this winter season. This number is low due to the scale of the snow event the
region had in conjunction with the mild temperatures that facilitated significant
melting.
Parking Bans
The City has 2 different parking bans during the winter season; The South Central
Peninsula (SCP) parking ban and the North East West (NEW) parking ban. The
Motor Vehicle Act permits the municipality to prohibit on -street parking without
a traffic control device (sign), providing the restriction is for purposes of winter
snow control and does not extend beyond the midnight to 7 am time period.
Parking Bans are declared for the safe operation of snow clearing in various parts
of the City. There were 2 SCP parking bans call last season and no NEW parking
bans. There were 194 parking tickets issued and 12 cars towed.
Inventory Adjustment
There were two adjustments to the streets and sidewalks serviceable inventory
during this season. Staff added a section of sidewalk the Coast Gard parking lot
to Market Square. Birch Hill Lane was removed for the serviceable streets list as
it was a private road that was receiving service in error.
0046.1
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New Department Led Initiatives
Brine Usage
The City purchased two brine plants in 2015 and adjusted the specifications for
plow equipment to ensure that all newly purchased equipment is coming brine
ready. The objective of brine is to reduce overall salt consumption while
sustaining a high level of service.
Straight salt is only effective until -7 to -10 degrees C. Straight Brine Freezes at -
21 degrees C and when applied to salt, called pre -wetting, it becomes effective
until -15 degrees C. Pre -wetting helps keep 80% of salt on the road as it tends to
make the salt sticky and thus when applied to the road surface it stays in place
rather than bouncing off to the edge of the road.
Anti -icing is the process of applying liquid brine directly to the road surface. This
application can be done up to 48 hours prior to an upcoming storm event. As
the liquid brine dries it crystalizes on the road surface. The moisture from a
storm event reactivates the brine and prevents snow and ice from sticking to the
road surface and thus reduces anchor ice and starts melting snow and ice on
contact. The City currently has one Anti -icing truck in its fleet. We have ordered
two of our new tandem plow trucks with the capability of performing anti -icing.
Live Edge technology
The blades of a live edge plow follow the curvature and contour of the roads and
allows for up to 60% more material to be scrapped from the surface thus leaving
less snow and ice to be treated with de-icing materials. The use of Live Edge
plows should reduce plow maintenance costs, and salt and sand consumption
required to meet our service levels.
Citizen Education, Engagement & Customer Service
The significant changes to the Winter Management Plan in 2009 were followed
by a number of 'Open Houses' for the public to learn of the new service levels
and priorities. Since the original plan was adopted by Common Council in 2009,
any required annual updates, such as changes to priorities, sidewalks serviced,
etc., have been reported to Council. In more recent years, there have not been
any significant changes to the plan that require Council approval.
`[till
-6 -
Due to a number of inquiries about service level standards in recent weeks, staff
feel there is sufficient need for an annual presentation to Council on the Winter
Management Plan at the start of each winter season. This will be done in
conjunction with the City's annual media session organized to help remind
citizens of the Plan and ensure that current service standards and public
expectations are aligned.
Since the introduction of the Winter Management Plan, the City has carried out
substantial public awareness campaigns to educate citizens on details of the
plan. The campaigns have included web and social media content, signage, radio
and print ads, direct mail pieces, news releases, and other public notifications.
The communications material has provided information on alternate side parking
and on -street rules, overnight parking bans, maps and listings of priority streets
and sidewalks, and other details of the Winter Management Plan. The plan is
available on the City's website. Staff continue to work on various other
education materials, including infographics and interactive maps, to enhance
citizen awareness and understanding.
Specific inquiries from citizens, or work requests related to winter operations,
can be directed to our customer service team at 658-4455. Calls are answered
24/7 and customer service staff are able to communicate any service requests to
management or frontline staff as appropriate.
STRATEGIC ALIGNMENT
This report aligns with Councils priority for valued service delivery
SERVICE AND FINANCIAL OUTCOMES
N/A
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A
ATTACHMENTS
Winter Management Plan
131
SA r JOHN
WINTER MANAGEMENT PLAN
FOR STREETS AND SIDEWALKS
CITY OF SAINT JOHN
TRANSPORTATION & ENVIRONMENT
SERVICES
OCTOBER 2018
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WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS
SAINTJOHN
TABLE OF CONTENTS
PLAN OVERVIEW.
SHARED RESPONSIBILITY
Part
1.
ENGAGING THE PUBLIC
Part
2.
COORDINATION OF WINTER OPERATIONS
Part
3.
STREET PLOWING
Part
4.
WINTER SIDEWALKS
Part
5.
SNOW AND ICE REMOVAL
Part
6.
SALT MANAGEMENT
Part
7.
MAINTAINING STREET RIGHT-OF-WAY
Part
8.
EQUIPMENT RESOURCES AND FACILITIES
Part
9.
WINTER DRAINAGE
Part
10.
WINTER ASPHALT MAINTENANCE
Part
11.
RESPONSIBILITIES AND REPORTING
Part
12.
TRAINING AND PLAN ADMINISTRATION
APPENDICES
A. CHALLENGES OF WINTER SERVICE
B. STREET PLOW ROUTES
C. WINTER SIDEWALK SERVICE ZONES
D. ON -STREET PARKING RESTRICTIONS
E. MUNICIPAL BY-LAWS
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WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS
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PLAN OVERVIEW: SHARED RESPONSIBILITY
PURPOSE Canadian winters bring a host of wonders and challenges; affecting our
individual outlooks, shifting our activities and disrupting our routines.
The snow, ice, sleet, freezing rain, rain and fluctuating temperatures of
Saint John winters also produce public safety emergencies of varying
degrees which impact users of public streets and sidewalks; conditions
accentuated by hilly terrain and coastal weather influences.
The resource allocations and standards outlined in this Winter
Management Plan for Streets and Sidewalks are intended to keep the
community functional through the winter months. The intent of the
Plan is to coordinate winter preparations, organize resources and guide
operational protocols for servicing our public streets and sidewalks,
under widely varying conditions.
Effectiveness of winter service activities depends on the community
working together. Ultimately, success means the public sharing in
responsibility, working with the City and having realistic expectations
of winter service. On its part, the City must "connect" with the public
and understand needs, where service is effective and where
improvements need to be made.
Appendix "A" outlines challenges associated with winter services.
SEVEN PRINCIPLES Public safety first ... public safety is always foremost
Manage the Plan ... plan winter operations; manage to the Plan
Evaluate ... understand conditions when deploying resources
Entire storm ... manage winter conditions over days and weeks
Consistency ... strive to deliver expected service levels
Resources ... resource levels are set through budget allocations
Citizens ... property owners and others have obligations
CLIENT BASE The community, its services, institutions and commerce are impacted:
67,575 citizens, other pedestrians, commuters and motorists;
Public transit system and its users;
Emergency services - ambulance, fire, police;
Public institutions - schools, hospitals, university, colleges; and
Neighbourhoods, transportation companies, utility agencies,
commercial enterprises and affiliate jurisdictions (NBDOT).
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STREET PRIORITY A service level priority structure forms the basis for winter operations:
1. Arterial streets, highway connections, emergency routes;
2. Major bus routes, schools, community centres, business districts;
3. Collector streets, minor bus routes, industrial parks; and
4. Local or subdivision streets.
ACCOUNTABILITY Commissioner, Transportation and Environment Service (T&ES)
RESPONSIBILITY Deputy Commissioner, T&ES is responsible to the Commissioner for
execution and continuous improvement of this Plan.
PLAN ACTIVITIES This Plan comprises a series of interrelated activities, in 12 parts:
1. ENGAGING THE PUBLIC: to maintain a shared dialogue with the public
on services, neighbourhood collaboration and winter conditions;
2. COORDINATION OF WINTER OPERATIONS: to provide effective coordination
of service activities and liaison with the public during storm events;
3. STREET PLOWING: to maintain safe passage and the usability of public
streets during and after adverse winter weather conditions;
4. WINTER SIDEWALKS: to maintain safe pedestrian access and usability of
designated sidewalks and walkways throughout the winter season;
5. SALT MANAGEMENT: to optimize supply and usage of road salt and
other winter materials while minimizing their environmental impact;
6. SNOW AND ICE REMOVAL: to expand access of pedestrians and vehicles
by removing accumulated snow from the public rights-of-way;
7. MAINTAINING STREET RIGHT-OF-WAY: to ensure availability Of the rights-
of-way for safe and efficient movement of pedestrians and vehicles;
8. EQUIPMENT RESOURCES AND FACILITIES: to Optimize use Of winter service
resources through preparation, operator care and timely repair;
9. WINTER DRAINAGE: to keep drainage systems open and functional, and
ready for periods of rainfall, mild temperatures and snow/ice melt;
10. WINTER ASPHALT MAINTENANCE: to provide emergency repair of street
defects and potholes for roadway safety and winter driveability;
11. RESPONSIBILITIES AND REPORTING: to clearly delineate responsibilities and
reporting protocols for effective winter operations and service; and
12.TRAINING AND PLAN ADMINISTRATION: to ensure Overall readiness for
winter operations and continuous improvement of this Plan.
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PART 1: ENGAGING THE PUBLIC
PURPOSE To maintain a shared dialogue with the public on services,
neighbourhood collaboration and winter conditions.
COOPERATION The success of winter operations depends very much on the public
sharing responsibility in mitigating the effects of winter conditions and
having realistic expectations of municipal service. The cooperation and
assistance of citizens, businesses and property owners is key to
achieving the underlying goal of a "liveable winter city". True success
will be realized through a collaborative effort of stakeholders, working
together to reduce hazards, assist neighbours and minimize costs.
The City will be responsive to the concerns and issues of citizens; to
understand where service is effective and where greater emphasis
needs to be given.
EMPHASIS Our public information activities will emphasize:
Establishing a constructive community dialogue on the notion of a
"liveable winter city";
Promoting joint responsibility for desired outcomes;
Encouraging citizens to clear snow and ice from neighbourhood fire
hydrants, walkways and catch basins, and to prevent extra snow
being dumped or pushed onto sidewalks and the street right-of-
way;
Presenting Reports to Council, preparing briefing packages, and
being available to the media to provide updates;
Participating in neighbourhood or ward meetings, and establishing
a dialogue with community groups and organizations;
Inspecting and giving notice of right-of-way obstructions, travel
lane restrictions and other impediments to winter service;
Communicating on policies and by-laws, and their enforcement;
Encouraging businesses to clear ice and snow from their building
frontage and adjacent sidewalk; and
Connecting with property owners and private snow plowing
contractors to ensure By -Law provisions concerning the public
right-of-way are respected; reminding them of their responsibility
to not dump or push snow onto sidewalks and streets.
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INFORMATION The model for public information shall include public service advisories
(PSAs) in advance of storm events, regular updates during significant
winter emergencies, and a designated spokesperson available to the
media.
The public needs to understand the many variables that affect snow
and ice control, including equipment availability, snowfall
accumulations, temperatures, wind conditions, type of precipitation
(i.e. freezing rain or plain snow), and the time of day the precipitation
occurs. Clean-up times will vary depending upon severity of conditions
and priority of street.
Additional staff shall be assigned to take calls during significant storm
events and our Customer Service Desk will relay citizen concerns
directly to plowing / sanding operation Foremen.
LIABILITY Exposure to liability is a reality of municipal service delivery. As such,
careful attention will be paid to the service parameters set out in this
Plan. The City's exposure to liability is controlled when the Plan is
followed and services are delivered as consistently as possible.
EXPECTATIONS The City of Saint John, the community and individual citizens need to
appreciate the realities of winter conditions in an era of climate change
and the challenges inherent to mitigating these conditions. We need to
further temper expectations in line with the severity of winter weather
events and the resources available to counter these events.
"Best" outcomes are realized when "shared responsibility" for
mitigating winter conditions become a way of life; ingrained in the
community's psyche.
RESPONSIBILITY Deputy Commissioner: establish public information protocols and
provide human resources for public information activities.
Communications: establish public information protocols, support
public information activities, and coordinate media liaison.
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PART 2: COORDINATION OF WINTER OPERATIONS
PURPOSE To provide effective coordination of service activities and liaison with
the public during storm events.
WOC A Winter Operations Centre (WOC) will be activated by the Deputy
Commissioner for each significant winter emergency that meets the
criteria outlined in the Winter Operations Centre Activation Standard
Operating Procedure. When activated, the WOC coordinates the overall
operational response, keeps municipal officials informed and liaises
with the public. When activated, the WOC will remain in place until the
recovery phase after the storm event.
The Customer Service Desk forms part of the WOC.
Working with Corporate Communications, the WOC will provide regular
information updates, disseminated to the Commissioner, the City
Manager, the Mayor and Council, the media as well as the general
public. The City of Saint .John website and e-mail notifications (for
parking bans) will be used.
INFORMATION Timely and informative communications to the local media and the
general public is vital during snow and ice control operations, and in
follow-up thereto. This Plan has made public information an essential
priority for winter operations; maintained throughout the winter
season.
COORDINATION Coordination activities include the following:
The Winter Management Plan for Streets and Sidewalks (the Plan)
shall be updated by October 31s` of each year;
Training sessions on the Plan for all Municipal Operations staff by
the end of November each year;
Full equipment readiness inspection by the end of November each
year;
Winter operations mode into effect on the second Sunday of
November;
Ongoing public notifications concerning South Central and North-
East -West (NEW) overnight parking bans, weather warnings, PSAs,
and other information necessary for service coordination;
Winter Operations Centre (WOC) will be established for all
significant winter storm emergencies;
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Operations shall be conducted in accordance with this Plan, with
necessary field direction and operational adjustments as directed
by the Deputy Commissioner or designate; and
Operational managers, foremen and operators shall maintain
ongoing coordination of operations and service activities.
WEBSITE The Winter Management Plan for Streets and Sidewalks shall be posted
on the City website and include information on routing and street
priorities and winter parking restrictions.
REMINDERS "Winter Safety Reminders" shall be conveyed to the public prior to the
winter season.
STORM SEVERITY Storm temperatures, severity and successive storms will limit or
preclude attainment of objectives, and severely restrict our capacity to
clear ice/snow-pack from street and sidewalk surfaces.
RESPONSIBILITY Deputy Commissioner: activated the WOC if warranted.
Manager: staff the WOC and provide updates, direct operations,
prioritize activities, and assist in drafting PSAs.
Foreman: coordinate with operational managers and equipment
operators, and provide updates to the WOC.
Operator: report on field conditions and status of assigned route.
Customer Service Desk: provide contact with public and assistance to
the WOC.
Communications: coordinate media liaison and information updates.
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PART 3: STREET PLOWING
PURPOSE To maintain safe passage and the usability of public streets during and
after adverse winter weather conditions
CONTENT Plowing activities during a snow storm are:
Plow accumulated snow off the travelled lanes of public streets to
facilitate basic accessibility for emergency vehicle movement; and
Apply de-icing (salt pre -wetted with brine solution) and abrasive
(mix) materials in strategic locations on street (i.e. intersections,
steep hills etc.) to facilitate vehicle traction and safety of
movement.
Plowing activities pOSt snow storm are:
Plow remaining snow off the travelled lanes of public streets to
ensure basic traffic movement;
Push back snow to widen travel lanes, open drainage
courses/basins to facilitate safe travel and maneuvering; and
Apply de-icing (salt pre -wetted with brine solution) and abrasive
(mix) materials as required per particular street priority.
PRIORITIES The structure of priorities forms the basis for all winter operations.
Generally, plowing operations focus on Priority 1 and 2 streets first;
then move to Priority 3 and 4 streets. The Priority descriptions are:
1. Arterial streets, highway connections, emergency routes;
2. Major bus routes, schools, community centres, business districts;
3. Collector streets, minor bus routes, industrial parks; and
4. Local or subdivision streets.
OBJECTIVES; A summary of street priority objectives during a snow storm are:
Create a basic level of accessibility on the City's Priority 1 and 2 type
streets to accommodate emergency service vehicles.
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A summary of street priority objectives pOSt snow storm are:
Priority 1/2: 8 hours after end of storm - travel lanes passable; and
48 hours after end of storm - travel lanes pushed back and
appropriate anti -icing material applied.
Priority 3/4: 12 hours after end of storm - travel lanes passable; and
72/96 hours after end of storm - travel lanes pushed back
and appropriate anti icing material applied.
Storm severity, temperature fluctuations, localized conditions and
successive storms will limit or prevent attainment of our stated
objectives.
PLOw ROUTES City streets are organized into 30 winter plow routes which are:
ROUTE DESCRIPTION
AREA
Foster Thurston / Milledgeville (East)
North
Milledgeville (West)
North
Mount Pleasant Area
North
North End / Sandy Point Road
North
Old North / Douglas Avenue Area
North
Main St. / Millidge / Somerset / Chesley Drive
North
One Mile / Peninsula Loop
South/North
South Central Peninsula / Uptown
South
South Peninsula / Waterloo Village
South
Loch Lomond from Hickey - and subdivision
East
Champlain / Eastwood (Heather Way)
East
Loch Lomond from Eldersely to end
East
Golden Grove / Churchland / Hillcrest
East
Westmorland Road / Rothesay Avenue Area
East
Rothesay Ave / Rothesay Road / Drury Cove
East
Old Black/Bayside / Latimore / Elderdale
East
Old East / Bayside Drive
East
Red Head Road to Mispec - and subdivisions
East
Silverwood / Forest Hills / Glen Falls
East
Dever Road / Milford and Randolph areas
West
Fundy Heights
West
Greendale / Quinten Heights / Scotiaview
West
Lower West / Main Street West
West
Lower West / Riverview Drive
West
Manawagonish / Fairville / Catherwood areas
West
Sand Cove road / Bleury / Wilson Area
West
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Westfield Road / Martinon Area West
Westfield Road / Bay Street Area West
Westgate / Islandview area West
Lorneville / Ocean Westway / Bay / Westfield West
RESPONSIBILITY Manager: program delivery and performance in area of jurisdiction.
Foreman: level of service, resource usage in snow management zones
Operator: plow route efficiently/effectively; use materials carefully.
MEASURES Percentage of kilometres plowed to the service level objective(s) as per
the calculated storm severity index; and
Cost per street kilometre serviced (calculated annually).
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PART 4: WINTER SIDEWALKS
PURPOSE To maintain safe pedestrian access and usability of designated
sidewalks and walkways throughout the winter season.
CONTENT Only the designated sidewalks in each priority grouping will be serviced
in accordance with the objectives set out below; other sidewalks will
not be serviced.
Sidewalk plowing or snow blowing activities during a snow storm are:
Plow or blow accumulated snow off Priority 1 and 2 sidewalks for
minimal pedestrian passage.
Sidewalk plowing or blowing activities pOSt snow storm are:
Plow or blow accumulated snow off of all designated sidewalks; and
Subject to Priority, one to four days after the storm, apply winter
de-icing and/or abrasives materials (treated sand or salt) to
sidewalk surfaces.
PRIORITIES The structure of priorities forms the basis for all winter operations.
Generally sidewalk plowing / blowing operations focus on Priority 1
and 2 sidewalks first; then move to Priority 3 and 4 sidewalks. The
Priority descriptions are:
1. Major retail areas and major Saint John Transit bus stops;
2. Immediate school areas;
3. Remaining arterial streets; and
4. Remaining local or subdivision streets.
OBJECTIVES; Priority objectives during snow storm are:
Create a basic level of accessibility on the City's Priority 1 and 2
sidewalks, for the purpose of emergency services.
Priority objectives pOSt snow storm are:
Priority 1: 12 hours after end of storm - basic pedestrian passage
Within 48 hours after end of storm - walking surface with
salt or sand applied at least once.
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Priority 2/3: 24 hours after end of storm - basic pedestrian passage
Within 3 days after end of storm - walking surface with salt
or sand applied at least once.
Priority 4: 72 hours after end of storm - pedestrian passage
Within 4 days after end of storm - walking surface with salt
or sand applied at least once.
Storm severity, temperature fluctuations, localized conditions and
successive storms will limit or prevent attainment of our stated
objectives.
SIDEWALKS Sidewalk service levels cannot mirror (in practical terms of time,
consistency and quality) what is possible on streets. This reflects the
physical characteristics of sidewalks (limited width and lack of direct
drainage), effects of pedestrian traffic versus vehicles, and limitations
of sidewalk equipment. Service expectations need to be tempered;
severity of weather is a much more determinant of sidewalk conditions.
Of the City's 372.2 kilometres of sidewalk, 229 or 61.5% are
designated for winter service. Resource limits make it impossible to
provide consistent and satisfactory service to the entire inventory.
S/W ROUTES Winter sidewalk operations are organized into 13 sidewalk plow routes;
each assigned a primary sidewalk equipment unit and operator. Winter
sidewalk route maps are attached hereto.
ROUTE
SERVICING AREA
KM SERVICED
South 1
Old East and North of Union
21.2 km
South 2
SC Peninsula (NW quadrant)
10.3 km
South 3
SC Peninsula (NE quadrant)
14.6 km
South 4
SC Peninsula (South quadrants)
17.6 km
East 1
Glen Falls, Golden Grove
19.1 km
East 2
Loch Lomond, Champlain Hts
18.1 km
East 3
Rothesay Ave, Westmorland
18.9 km
North 1
University Ave, Millidgeville
15.2 km
North 2
Old North End, Douglas, Chesley
17.1 km
North 3
Wellesley Avenue
13.8 km
North 4
Mount Pleasant, Sandy Point
19.4 km
West 1
Sand Cove, Fairville Blvd.
21.5 km
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West 2 Lower West 24.1 km
West 3 Manchester, Dever, Westfield Rd. 16.7 km
SNOW REMOVAL Heavy and successive snowfalls and general accumulation may result in
the need to remove snow (blow and/or truck away) from sidewalks.
Sidewalk snow removal will be integrated with general snow removal
operations, in accordance with the structure of priorities.
RESPONSIBILITY Manager: program delivery and performance in area of jurisdiction.
Foreman: level of service, resource usage in snow management zones
Operator: service route efficiently/effectively; use materials carefully.
MEASURES Percentage of kilometres plowed to service level objective at the
calculated storm severity index; and
Cost per sidewalk kilometre serviced (calculated annually).
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PART 5: SNOW AND ICE REMOVAL
PURPOSE To enhance pedestrian and vehicle movements by removing
accumulated snow from the travelled portion of the street rights-of-
way.
CONTENT Snow and ice removal operations involve a combination of internal and
contracted resources to remove (truck away) accumulated snow from
the street rights-of-way. Activities are:
Inspect and report on snow accumulation, identify critical areas;
Free blow or remove snow/ice from designated streets and
sidewalks as determine needed by operations staff;
Site, operate and manage snow dumps in strategic locations; and
Remove snow/ice build-up along sidewalk and gutter lines as
temperatures warm up.
RESPONSIBILITY Deputy Commissioner: initiate snow removal operations.
Manager: establish snow removal plans, organize resources, report.
Foreman: supervise operations, effective use of resources, report.
Operator: operate equipment efficiently and effectively, report.
MEASURES Kilometres serviced to service level objective;
Loads removed and cost of removal by per load.
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PART 6: SALT MANAGEMENT
PURPOSE To optimize supply and usage of road salt and other winter materials
while minimizing their environmental impact.
To control consumption of road salt through effective management,
without compromising public safety; and
F To ensure an adequate supply of winter materials are available at all
times throughout the winter season.
MATERIALS The primary de-icing material is road salt (sodium chloride NaCl); a
proven, cost effective solution for our climate. When applied to streets
with light snow accumulation or ice, salt will melt the snow or ice;
facilitating easier removal.
Pre -wetting salt with brine solution, immediately prior to application,
increases the effectiveness of road salt. Pre -wetting also enhances
adhesion so that the salt material stays on the road surface.
Road Salt is effective to about -10 to -12°C. Below -10 to -12°C, pre -
wetted salt can be used. Pre -wetted salt is effective approximately -
15°C. An alternative to using salt in when temperatures are below -10
to -12°C is a sand/salt mix (3-5:1 sand -salt ratio) is used to enhance
traction. Sand provides an abrasive quality while salt inhibits freezing
prior to application and provides some ice melting upon application.
Anti -icing is the application of brine that remains on a surface and
continues to delay the formation and reformation of ice for a certain
period of time and prevents adhesion of ice to the asphalt to make
mechanical removal easier. Anti -icing typically is not performed
during a snow event but rather up to 48 hours in advance of a snow
event.
Sand/salt mix is used as the primary de-icing/traction material on rural
roads and on all roads when temperatures are below the effective
activation range for salt and/or brine.
Other products or methods are continuously evaluated and, where
operationally and cost effective, will be considered for use.
SUPPLY/DEMAND Road salt is in high demand during the winter season and supplies are
limited; therefore careful usage of this commodity is an important part
of the winter management strategy.
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WEATHER Weather plays an important role in determining the type and amount of
material that is appropriate for a given situation. Temperature trends
and type/amount of precipitation are key factors.
Storm/temperature severity and successive storms will affect usage
levels and can limit effectiveness of salt and restrict the capacity to de-
ice streets and sidewalks.
CONSUMPTION Average annual consumption of materials over last five years:
Road Salt 12,963 metric tons (MT)
Abrasive Sand 2,915 metric tons (MT)
FACILITIES Salt and sand/salt mix are stored in two weather -protected municipal
facilities. Each building has an asphalt floor to prevent leaching into the
environment and to reduce exposure of the material to moisture.
McAllister Drive Facility: 8,000 Metric Ton capacity shed
Bay Street Facility: 13,500 Metric Ton capacity structure
PRE -SEASON Supplies of sand and salt are replenished annually by November 101h.
MANAGING USE Foremen, operators and staff undergo training on the use of de-icing
materials.
SALT BRINE Salt brine shall be produced at the McAllister Drive and Bay Street
facilities. An adequate supply shall be available to support operations.
USAGE CONTROL Forecasted weather plays an important role in determining the ongoing
impact of de-icing materials.
Excessive salt usage is expensive and can affect the environment, while
too much sand creates sewer and clean-up problems.
Equipment is kept in good operating condition. Spreading equipment
shall be thoroughly inspected and calibrated prior to the winter season.
Operators inspect equipment daily throughout the winter to ensure
equipment is in running order.
TRAINING Annual information sessions are held to update operators on the
application of winter de-icing materials. This is conducted at or around
shift change in conjunction with best practices for snow -plowing and
other operational strategies.
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RESPONSIBILITY Manager: manages material inventory, re -order points and usage.
Foreman: preparation/ mixing, storage, allocations and usage.
Operator: care of equipment, operability and usage.
Purchasing: supply agreements, order in accordance with procedures.
MEASURES Usage and cost by kilometre serviced (calculated annually);
Available inventories monitored on regular basis.
PART 7: MAINTAINING STREET RIGHT-OF-WAY
PURPOSE To ensure availability of the street right-of-way (R -O -W) for safe and
efficient movement of pedestrians and vehicles.
PUBLIC R -O -W The street right-of-way (R -O -W) is intended to provide space for
public infrastructure and the movement of people, goods and vehicles.
The travelled portion of the R -O -W must be clear of ice and snow, to a
sufficient width to:
Meet winter streets and pedestrian service objectives;
Support emergency and utility services;
Provide for street drainage; and
Facilitate safe, effective movement of pedestrians and vehicles.
Outside of the travelled portion of the R -O -W, curbs/gutters or
shoulders define the edge of travelled portion of the ROW; directing
rain water and snow melt to catch basins, storm sewers or ditches.
Medians and other R -O -W space also provide essential storage capacity
for placement of snow and ice pushed back from streets and sidewalks.
It is essential that clear priority be given to maintaining the intended
purposes of the street R -O -W. Failure to do this will mean undue
limitations on winter service effectiveness and avoidable costs.
BY-LAws Policies and by-law provisions for traffic, on -street parking, and street
or sidewalk obstructions are designed to enhance effectiveness of
service delivery and helps control service costs.
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Appendix "E" includes municipal by-laws that help the City deal with
the circumstances, persons or objects that compromise its ability to
clear streets and sidewalks of snow and to re-establish the functions of
the street R -O -W in winter conditions.
OBSTRUCTION Section 30.1 of A By -Law Relating to the Public Streets in the City of
Saint,John and to Prevent Nuisances in the Said City provides that:
"No person shall place, put, throw, deposit or sweep upon the paved or
main -travelled portion of any street or a sidewalk, or cause to be
placed, put, thrown, deposited or swept upon the paved or main -
travelled portion of any street or a sidewalk, any snow or ice"
Penalties for violations are prescribed in the By -Law.
PARKING Vehicles parked or abandoned on City streets during the winter
seriously disrupt service and create hazards for public safety. Parked
cars interfere with emergency vehicles, impede buses and passengers,
make clearance of snow from the right-of-way virtually impossible and
increase costs. Service cannot be effective or operations efficient when
plows or snow removal equipment must try to navigate around parked
obstacles. For quality and cost-effective maintenance of winter streets
and sidewalks, on -street parking needs to be restricted during the
winter months.
Section 113(5) of the Motor Vehicle Act permits the municipality to
prohibit on -street parking without a traffic control device (sign),
providing the restriction is for purposes of winter snow control and
does not extend beyond the midnight to 7 am time period.
Appendix "D" details Winter Street Parking Restrictions that prohibit
parking on all municipal streets.
SUSTAINABILITY Achieving consistent winter service standards across the community, at
reasonable cost to taxpayers, depends on streets being free of parked
vehicles and other impediments to service. Available off-street parking
space must be fully utilized to free vehicle clogged streets. Taxpayers
should not be expected to subsidize those owners who do not make
adequate provision for parking. Service inefficiencies and added costs
can be avoided.
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PART 8: EQUIPMENT RESOURCES AND FACILITIES
PURPOSE To optimize use of winter service resources through preparation,
operator care and timely repair.
EQUIPMENT Winter services require dedication of heavy equipment. Maintaining the
operational availability of these resources is critical to the service:
o Heavy trucks equipped with front plows and spreader units;
o Heavy trucks equipped with front and wing plows;
Light trucks (1 tons) equipped with front plows;
o Graders equipped with plows and wings;
o Loaders equipped with front plows and wings;
Loaders equipped with front plows only;
o Yard loaders with front buckets only;
o Bulldozer for the snow disposal facility;
Heavy snow blowers (attachments for above loaders);
o Wheeled (Trackless) sidewalk units with attachments;
o Tracked (Bombardier) sidewalk units with attachments;
Heavy truck to provide material support to sidewalk units;
o Light truck to provide material support to sidewalk units;
o Backhoes (for winter drainage support);
MasterVac unit (for winter drainage support);
o Asphalt recycling machines (for winter asphalt maintenance); and
o Various light equipment and vehicles for support and supervision.
FACILITIES The following facilities support winter service operations:
MUNICIPAL OPERATIONS & ENGINEERING COMPLEX (175 ROTHESAY AVENUE)
Winter Operations Centre (WOC), with Resource Desk for inquiries
and support; and staging for plow routes and some sidewalk units;
MCALLISTER DRIVE: Staging for plow routes and some sidewalk units;
salt, brine and sand management facility; and storage site for
supplies;
BAY STREET (MATERIALS BUILDING): Salt, brine and sand management
facility;
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MANAWAGONISH ROAD: Staging for plow routes and some sidewalk
units and storage site for supplies;
BOARS HEAD ROAD: Staging for most sidewalk units, and sidewalk
support vehicles; and
SNow DISPOSAL FACILITIES: Locations for dumping of the snow and ice
removed from City streets - Sydney Street (South Central Peninsula)
Bayside Drive and Bay Street (contractor).
SUPPLIES Winter supplies include: cutting edges for plows, tire chains; cold mix
for pothole patching; propane for asphalt recycling equipment; and
calcium chloride for thawing frozen catch basins.
OTHER Contracted resources are also used, including: hired tandem trucks and
dump trailers for snow removal; loaders with front plows for several
plow routes; and bulldozers for maintenance of snow dumps.
READINESS A summary of equipment care and readiness activities are:
Preventive maintenance servicing and MVI for all winter equipment
completed as required;
Contract resource specifications advertised by August 31s`;
Inventory of supplies and orders placed by October 1s`;
Spreader control systems checked and calibrated as required;
Winter tires inspected, ordered and installed by November 15th;
Heavy equipment, truck bodies and plow attachments are repaired
and painted as required; and
Thorough interior/exterior cleaning/washing after every snow
event.
RESPONSIBILITY Manager: assigned fleet, inspect, arrange contract resources.
Foreman: preparedness and servicing of assigned fleet resources.
Operator: inspect, clean and wash, report required servicing/repair.
Fleet Services: preventive maintenance and timely repairs.
MEASURES Equipment availability rate: by section and overall fleet;
Incidents of equipment downtime greater than 12 hours;
Cleanliness of equipment and documented walk -around inspections.
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PART 9: WINTER DRAINAGE
PURPOSE To keep drainage systems open, functional and ready for periods of
rainfall, mild temperatures and snow/ice melt.
CONTENT A summary of winter drainage activities are:
Inspect, remediate and mark all key drainage points prior to the
winter season;
Minimize build-up of snow and ice at catch basins and system
inlets and outlets;
Inspect all key catch basins and storm system inlets weekly over the
winter season;
Remove ice and snow from key catch basins and storm system
inlets during periods between winter storms;
Steam frozen culverts; apply de-icing materials to frozen catch
basins and stormwater laterals; and
Respond to localized flooding and clear compromised drainage
systems.
OBJECTIVES Key catch basins and storm system inlets open and operational during
periods of precipitation and mild temperatures (snow/ice melt).
Program effectiveness tied to snow and ice removal and demanding
drainage issues in some snow management zones.
Storm/temperature severity and freeze/thaw fluctuations will impact
drainage and could limit effectiveness of mitigation measures.
RESPONSIBILITY Manager: organize general program deployment.
Foreman: coordinate inspections, record, direct crews.
Drainage Crews: service key drainage points as directed.
Customer Service Desk: enter requests for service.
Municipal Engineering: identify winter drainage infrastructure issues
MEASURES Record of drainage inspections;
Percentage of identified drainage issues addressed; and
Percentage of key catch basins/storm inlets open.
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PART 10: WINTER ASPHALT MAINTENANCE
PURPOSE To provide emergency repair of street defects and potholes for roadway
safety and winter driveability.
CONTENT A summary of winter asphalt maintenance activities:
When applicable inspect street system to identify surface defects
and potholes resulting from alternating freeze thaw cycles in the
road base and vehicular traffic;
Receive requests for service and organize action response to
reported road defects;
Deploy crews to make emergency (temporary) street surface repairs
with cold mix asphalt or recycled hot mix;
Issue public notices and media advisories on road conditions
during freeze/thaw cycles.
OBJECTIVES Service response by priority based on need:
1: Arterial streets, highway connections, emergency routes;
2: Major bus routes, schools, community centres, business districts;
3: Collector streets, minor bus routes, industrial parks; and
4: Local or subdivision streets.
Storm/temperature severity, successive storms and snow removal
needs will impact our ability to undertake emergency asphalt repairs.
RESPONSIBILITY Manager: organize and prioritize asphalt repair activities
Foreman: coordinate inspection, recording and repairs.
Maintenance Crews: carry out repairs using appropriate materials.
Customer Service Desk: enter service requests.
MEASURES Recorded street system inspections:
Number of calls for service acted upon; and
Number of days between pothole reported and pothole repaired.
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PART 11: RESPONSIBILITIES AND REPORTING
PURPOSE To clearly delineate responsibilities and reporting protocols for
effective winter operations and service.
COMMISSIONER The Commissioner shall approve the Winter Management Plan for
Streets and Sidewalks and oversee delivery of associated services, and
report issues and outcomes to the City Manager and Common Council.
DEPUTY COMM. The Deputy Commissioner is responsible to the Commissioner for
winter operations and execution of this Plan.
MANAGERS RESPONSIBILITIES
Managers are responsible for:
o Service delivery within his/her area of responsibility;
o Recommending human resource and equipment requirements, and
assigning those resources;
o Managing inventory of anti -icing, de-icing and abrasive materials
and other supplies such as cutting edges, tire chains and cold mix;
Coordinating and sharing of resources with other areas;
o Proper use, maintenance and inspection of equipment;
o Monitoring of work progress and quality control;
Scheduling of crews, including call -ins and overtime;
o Reporting progress and other information to key stakeholders; and
o Annual training of staff on this Plan.
REPORTING
Managers shall report to the Deputy Commissioner on:
o Plow / Sidewalks route completion;
Exceptions (rights -of -ways which could not be cleared due to
restrictions such as parked cars or excessive snow);
o Equipment and personnel availability; and
O� Trouble spots and areas where conditions are unusually bad.
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FOREMEN RESPONSIBILITIES
Foremen play a vital role during snow events by coordinating activities
in the field. They provide firsthand information to their manager or the
Winter Operations Centre regarding conditions, changing weather and
equipment status.
Reporting to the Manager, each Foreman is responsible for:
o Ensuring that operations are carried out safely, efficiently and in
accordance with this Plan;
o Preparing personnel for winter operations by reviewing routes,
assigned equipment and reviewing procedures;
Maintaining an accurate call out roster;
O� Calling in their crew as authorized during a winter event;
O� Updating the applicable winter call-in list(s);
Reacting to changing conditions during snow events by reassigning
personnel and resources where required;
o Proper use, maintenance and care of equipment;
Monitoring work progress and performing quality control checks;
o Control of working hours and productivity of individual operators;
o Reporting progress and other information to the Manager and/or
the Winter Operations Centre, depending on circumstances;
o Adherence to safety and standard operating procedures; and
o Participating in annual training/exercises in preparation for winter.
REPORTING
Foremen are responsible for tracking the progress of their operators
and reporting to the Manager or the Winter Operations Centre, as
required, on the following:
o Snow event response ( sanding/salting; plowing and push back);
o Route completion, estimated from individual operator progress
reports;
o Exceptions (right of ways that could not be plowed due to
restrictions such as parked cars or excessive snow and ice);
Equipment and personnel availability; and
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o Trouble spots (areas where conditions are unusually bad and might
affect traffic flow).
OPERATORS RESPONSIBILITIES
Operators are directly engaged in service delivery to citizens. Using
their training, experience and judgment, they are expected to respond
to ever changing circumstances to provide best service at all times.
Each operator is responsible to the foreman for:
Learning his/her assigned route, including street priorities and
levels of service;
o Performing and documenting pre/post vehicle operation checks,
ensuring that accessories such as flashlights, shovels, signs and
PPE are available;
o Operating equipment in a safe, efficient manner;
Proper use, maintenance and care of assigned equipment; and
o Monitoring and reporting on route progress.
REPORTING
Operators shall report on the following to their foremen
o Completion status of his/her route;
o Equipment damage or deficiencies as soon as possible;
Problematic issues including vehicles and illegally dumped snow
blocking access;
o Accidents or incidents; and
Any changes in local street or weather conditions.
WOC Upon activation of the WOC the Deputy Commissioner will monitor
operational progress during the storm. Members of staff involved in
snow response have a role to play in ensuring complete and accurate
status reporting.
The public shall be kept informed throughout the event. The WOC shall
provide a spokesperson for the media and communiques for the public
through Corporate Communications.
The WOC shall maintain liaison with Fleet and Materials Management
regarding supplies, equipment status and repair priorities.
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PART 12: TRAINING AND PLAN ADMINISTRATION
PURPOSE To ensure overall readiness for winter operations and continuous
improvement of this Plan.
RESPONSIBILITY The Deputy Commissioner is responsible to the Commissioner for the
administration and continuous improvement of the Winter Management
Plan for Streets and Sidewalks, including coordination of staff training
and exercises related thereto.
ANNUAL REVIEW Overall effectiveness of the Plan and its various components shall be
reviewed and updated annually before October 31s`.
TRAINING Training on the Plan shall provide management and operators with an
understanding of service standards and performance expectations over
the winter season and prepare Municipal Operations for delivery of
essential winter street maintenance and sidewalk services.
All staff employed in the delivery of winter street maintenance and
sidewalk services shall complete this training and participate in an
annual refresher seminar.
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SAMPLE SAINT JOHN
NEIGHBOURHOOD
For your neighbourhood visit:saintlohn.ca/winter
Emergency routes,
main streets and
highway connections.
Major bus routes, school
zones, community centres
and business districts.
4EMEM
Residential collector streets,
minor bus routes and
industrial parks.
Local or
subdivision streets.
SERVICE STANDARDS FOR ROAD CONDITIONS
AFTER A STORM
Within Within Within Within Within
8 hours 12 hours Z days 3 days 4 days
Oma m
Snow has been pushed back.
Anti -icing material has been applied.
Roads are serviced and monitored daily. To report any areas of concern,
contact our Customer Service Team at 658-4455 or service@saintjohn.ca
OPIE,11tATIONS BUDGET
SNOW & ICE CONTROL
FOR STREETS:
$5,781,383
SNOW & ICE CONTROL
FOR SIDEWALKSS:
$1191029170
SIDEWALK
The City of Saint John services
240 kilometers
of sidewalk.
That's 61 % of the City's sidewalks.
Did you know? 240 kilometers is the
approximate distance from
Saint john, N8 to Springhill, NS!
The City of Saint John aims to maintain safe pedestrian
access and usability of designated sidewalks and
walkways through the winter season.
OF CITY SIDEWALKS ARE
SERVICED DURING THE
WINTER MONTHS USING
16 PIECES OF EQUIPMENT
STANDARDSSERVICE C illll
DURING STORM POST STORM
�t � of � 12
OCreate a basic level O Basic pedestrian passage*
of accessibility within 12 hours
O Salt or sand applied
within 2 days
0 Basic pedestrian passage*
within I day
O Salt or sand applied
within 3 days
® Basic pedestrian passage*
within 3 days
O Salt or sand applied
within 4 days
*Basic pedestrian passage means the snow has been plowed or blown.