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2020-09-28_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, September 28, 2020 6:00 pm Meeting Conducted by Electronic Participation 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 August 31, 2020 5 - 13 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Letter of Support for Adoption of the 2015 National Building Code of Canada 14 - 16 (Recommendation in Report) 5.2 Materials Testing and Construction Inspection Services Agreement for 2019 17 - 19 and 2020 (Recommendation in Report) 5.3 Award for Demolition of the Building at 111-115 City Road (PID 55227342) 20 - 22 (Recommendation in Report) 5.4 Consideration of Sale of Land for Public Purposes at 1250 Latimore Lake Road 23 - 29 (Recommendation in Report) 5.5 Fleet Replacement Procurement — September 2020 (Recommendation in 30 - 34 Report) 5.6 Grant of Easement to Mike Cavanagh Homes Inc. at Comer of Germain Street 35 - 49 and Lower Cove Loop (Recommendation in Report) 50 - 78 5.7 City Market Lease with A Whale of a Cafe doing business as The Wild Carrot Cafe (Recommendation in Report) 5.8 Proposed Public Hearing Date — 215 Somerset Street (Recommendation in 79 - 80 Report) 5.9 Termination of video agreement with CGI Communications (Recommendation 81 - 82 in Report) 5.10 Real Property Attribute Information Distribution Agreement (Recommendation 83 - 97 in Report) 5.11 Permit and Development Approvals Fees - Sustainability Item Referral Report 98 - 116 and Setting of public hearings (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Wrongful Conviction Day - October 2, 2020 117 - 117 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1 Proposed Section 59 Amendment with PAC report recommending amendment 118 - 137 - 30 King George Court 9.2 Proposed Zoning Bylaw Amendment with PAC report recommending rezoning - 138 - 222 4001 King William Road (1 st and 2nd Reading) 9.3 Proposed Zoning Bylaw Amendment with PAC report recommending rezoning - 223 - 274 445 St. Martins Road (1st and 2nd Reading) 10. Consideration of By-laws 10.1 Vehicle for Hire By -Law Changes 275 - 277 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 City Manager Update (Verbal) 12.2 Demolition of Vacant, Dilapidated and Dangerous building at 123-125 Main 278 - 310 Street (PID 00378810) 12.3 Demolition of Vacant, Dilapidated and Dangerous building at 135 Main Street, 311 - 343 5 Albert Street (PID 00374595) K 12.4 Update on MoveSJ: Saint John's New Transportation Plan 344 - 361 12.5 Update #2 - Water Levels in the South Bay Wellfield 362 - 365 12.6 Safe Clean Drinking Water Project— Final Completion Milestone 366 - 397 12.7 Municipal Legislative Authority Respecting Racial Discrimination 398 - 403 12.8 Correspondence and Staff Actions - Uptown Saint John Letter 404 - 412 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 UNBSJ - Request to Present (Recommendation: Refer to the Clerk to 413 - 413 Schedule) 15.2 Purity Ice Cream Building 111 City Road - Request to Delay Demolition 414 - 416 (Recommendation: Deny Request) 15.3 Cities of New Brunswick Letter - Congratulations to Blaine Higgs 417 - 420 (Recommendation: Receive for Information) 16. Supplemental Agenda 17. Committee of the Whole 17.1 RFP 2020-091004P for Engineering Services: Site Works - Fundy Quay 421 - 421 17.2 Recommended Appointments to Committees 422 - 423 17.3 Chief City Engineer 424 - 424 18. Adjournment K NOTICE: THE CITY IS COMMITTED TO TAKING IMPORTANT STEPS IN REDUCING THE SPREAD OF COVID- 19. THE PUBLIC, INCLUDING THE MEDIA, IS NOT PERMITTED TO ATTEND IN PERSON. THE MEETING IS AVAILABLE BY LIVESTREAMING ON YOUTUBE. ACCESS TO THE LIVESTREAMING OF THE MEETING IS AVAILABLE ON THE CITY'S WEBSITE. The public may view a live stream of the meeting on the City's website: https://www.youtube.com/channel/UCWOdmpd x2m-YiZluYABzow/live AVIS: LA VILLE S'EST ENGAGEE A PRENDRE DES MESURES IMPORTANTES POUR REDUIRE LA PROPAGATION DE COVID-19. LE PUBLIC Y COMPRIS LES MEDIAS NEST PAS AUTORISE A ASSISTER EN PERSONNE. LA REUNION EST DISPONIBLE EN DIRECT SUR YOUTUBE. L'ACCES AU LIVESTREAMING DE LA REUNION EST DISPONIBLE SUR LE SITE DE LA VILLE. Le public peut voir une diffusion en direct de la reunion sur le site Web de la Ville: https://www.youtube.com/channel/UCWOdmpd x2m-YiZluYABzow/live Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., Electronic Participation 1.1 Approval of Minutes 68(1) 1.2 Personal Matter 68(1)(b) 1.3 Employment Matter 68(1)(j) 1.4 Employment Matter 68(1)(j) 1.5 Legal Matter 68(1)(f,g) 1.6 Financial Matter 68(1)(c) 1 Ville de Saint John Seance du conseil communal Lundi 28 septembre 2020 18h Reunion tenue grace a la participation electronique Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire l'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h 30, Salle de conference, 8e etage, hotel de ville 1.1 Approbation du proces-verbal 68(1) 1.2 Question personnelle 68(1)b) 1.3 Question relative 1'emploi 68(1)(j) 1.4 Question relative 1'emploi 68(1)(j) 1.5 Question juriclique 68(1)(f,g) 1.6 Question financiere — alinea 68(1)c) 1.7 Comite de nomination 68(1)b) Seance ordinaire 1. Ouverture de la seance 2. Approbation du proces-verbal 2.1 Proces-verbal du 31 ao6t 2020 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Lettre d'appui a I'adoption du Code national du batiment du Canada de 2015 (recommanclation clans le rapport) 2 5.2 Entente sur les services d'essai des materiaux et d'inspection de la construction pour 2019 et 2020 (recommandation clans le rapport) 5.3 Attribution d'un contrat de demolition de I'immeuble situe au 111-115, City Road (PID 55227342) (recommandation clans le rapport) 5.4 Prise en consideration de la vente de terrains a des fins publiques au 1250, Latimore Lake Road (recommandation clans le rapport) 5.5 Achat pour renouveler le parc de vehicules — ao6t 2020 (recommandation clans le rapport) 5.6 Octroi d'une servitude a Mike Cavanagh Homes Inc. au coin de la rue Germain et de Lower Cove Loop (recommandation clans le rapport) 5.7 Bail au City Market avec A Whate of a Cafe faisant affaire sous le nom de The Wild Carrot Cafe (recommandation clans le rapport) 5.8 Date proposee de I'audience publique — 215, boulevard Fairville (recommandation clans le rapport) 5.9 Fin de 1'entente sur la video avec CGI Communications (recommandation clans le rapport) 5.10 Entente de distribution d'information sur les attributs des biens immobiliers (recommandation clans le rapport) 5.11 Droits d'approbation des permis et des amenagements — Rapport de renvoi sur les questions de durabilite et etablissement des audiences publiques (recommandation clans le rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journee des erreurs judiciaires — 2 octobre 2020 8. Delegations et presentations — neant 9. Audiences publiques 9.1 Modification proposee a I'article 59 et rapport du CCU recommandant une modification — 30, King George Court 9.2 Modification proposee au reglement de zonage et rapport du CCU recommandant le rezonage — 4001, King William Road (1re et 2e lectures) 9.3 Modification proposee au reglement de zonage et rapport du CCU recommandant le rezonage —3445, St. Martins Road (1re et 2e lectures) 10. Etude des arretes municipaux 10.1 Modifications a I'Arrete de Saint John reglementant les vehicules de location 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Mise a jour du directeur municipal 12.2 Demolition d'un immeuble vacant, delabre et dangereux au 123-125, rue Victoria (PID 00378810) 12.3 Demolition d'immeubles vacants, delabres et dangereux au 135, rue Main, 5 et au 5, rue Albert (PID 00374595) 12.4 Le point sur le projet EnMouvementSJ : Nouveau plan de transport de Saint John 12.5 Mise a jour n° 2 — Niveaux d'eau clans le champ de captage de South Bay 12.6 Projet d'eau potable saine et propre — Etape finale 12.7 Autorite legislative municipale en matiere de discrimination raciale 12.8 Correspondance et mesures prises par le personnel — Lettre du centre- ville de Saint John 13. Rapports deposes par les comites — neant 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1 UNBSJ — Demande de presentation (Recommandation : renvoyer au greffier pour la planification) 15.2 Batiment de la creme glacee Purity au 111, chemin City — II est demande de retarder la demolition (recommandation : demande de refus) 15.3 Lettre des villes du Nouveau -Brunswick — Felicitations a Blaine Higgs (Recommandation: recevoir pour information) 16. Ordre du jour supplementaire 17. Comite plenier 18. Levee de la seance 4 COMMON COUNCIL / CONSEIL COMMUNAL August 31, 2020 / le 31 aout 2020 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN AUGUST 31, 2020 AT 6:00 PM MEETING CONDUCTED BY ELECTRONIC PARTICIPATION Present: All Council Members present attended by video conference 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 David Hickey Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: All staff present attended by video conference City Manager J. Collin City Solicitor J. Nugent Q.C. Commissioner Finance K. Fudge Commissioner Growth & Community Development J. Hamilton Commissioner Transportation and Environment M. Hugenholtz Commissioner Saint John Water B. McGovern Fire Chief K. Clifford Deputy Commissioner Growth & Community Development P. Ouellette Common Clerk J. Taylor Administrative Officer R. Evans Administrative Assistant K. Tibbits 61 COMMON COUNCIL / CONSEIL COMMUNAL August 31, 2020 / le 31 ao6t 2020 To conform to the Government COVID-19 State of Emergency and Mandatory Order isolation requirements, City Hall is closed to the public. Council Members and senior staff participated by video conference. The City Clerk conducted roll call of the Council Members to determine quorum; all were noted in attendance. To ensure access to the public and transparency of the meeting, livestreaming on the City's YouTube feed is provided. Rogers TV also provides the public live streaming of the Council meeting. 1. Call to Order 2. Approval of Minutes 2.1 Minutes of August 17, 2020 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the minutes of August 17, 2020 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 Item 16.1 Cancellation of Common Council meeting scheduled for September 14, 2020; Item 17.1 Request from Reversing Falls Skywalk Inc. to Reduce Lease Payments; and a change in the recommendation of Item 15.2 to Receive for Information. [ L 15610] 0[4FAININIa 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2020- 219: Service Delivery Upgrade for Innovation & Customer Service- Telephone Software Solution: 1. The City enter into a thirty-six (36) months Service Schedule with Bell Canada for the On Demand Contact Centre ("ODCC") services described therein in the form attached to M&C No. 2020-219; and 2. The Mayor and Common Clerk be authorized to execute the necessary contract documents. 2 C.1 COMMON COUNCIL / CONSEIL COMMUNAL August 31, 2020 / le 31 ao6t 2020 5.2 That as recommended by the City Manager in the submitted report M&C 2020- 220: Rescheduling of Public Hearing dates and locations - 30 King George Court, 445 St. Martin's Road, 4001 King William Road and 910 Fairville Boulevard, Common Council: 1. Cancel the Public Hearings for Monday, September 14, 2020 for the rezoning and Section 59 applications for Gordon Breau (30 King George Court), Dana Whitenect (445 St. Martin's Road) and Natural Forces (4001 King William Road) and re -schedule these hearings to Monday, September 28, 2020 at 6:30 p.m. to occur in Council Chambers with a remote participation option; and, 2. Re -locate the proposed public hearing for the Zoning By-law amendment application for Buland Akhtar (910 Fairville Boulevard) to be held on Tuesday October 13, 2020 in Council Chambers with a remote participation option. 5.3 That as recommended by the City Manager in the submitted report M&C 2020- 209: City Market Lease with RoseLynn Foods DBA Jeremiahs: 1. The City enters into a Lease for the premises as referred to and described in Schedule "A" of the lease in the City Market with RoseLynn Foods DBA Jeremiahs, under the terms and conditions as set out in the Lease submitted with M&C 2020 — 209; and 2. That the Mayor and Common Clerk be authorized to execute any necessary documents. 5.4 That as recommended by the City Manager in the submitted report M&C 2020- 217: Fall 2020 — Debenture Application: RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements that the City of Saint John proposes issue of the following debentures to be dated on or after September 4, 2020: GENERAL FUND Transportation Services Parks and Recreation TOTAL $ 4,000,000 $ 3,000,000 $7,000,000 S7,000,000 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 $7,000,000. 5.5 That as recommended by the City Manager in the submitted report M&C 2020- 222: Lighting Upgrades — City Arenas, the tender submitted by Security Electrical Ltd., for 3 rA COMMON COUNCIL / CONSEIL COMMUNAL August 31, 2020 / le 31 ao6t 2020 the Lighting Upgrades at the three City Arenas: Gorman, Peter Murray and Hurley in the amount of $82,260 plus HST be accepted. Further to the base tender amount, it is recommended that a contingency allowance be carried for this project in the amount of $6500 plus HST, for a total project cost of $88,760 plus HST. Additionally, it is recommended that the Mayor and Common Clerk be authorized to execute the necessary contract documents. The projects are part of the approved Capital Budget and is funded 40% through the Low Carbon Economy Fund and 20% through NB Power commercial building retrofit program. The projects will also reduce the City's annual energy and maintenance costs by $14,005 and $1,500 respectively. The projects have a 2.3 year payback period 5.6 That as recommended by the City Manager in the submitted report M&C 2020- 215: Urban Development Incentive Grant Agreement — 29 Lower Cove Loop, Common Council authorize the Mayor and Common Clerk of Saint John to execute the grant agreement for the Infill Development Agreement with Mike Cavanagh Homes Inc. for the redevelopment of 29 Lower Cove Loop. 5.7 Refer to Item 14.1 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the recommendation set out in each consent agenda item respectively, with the exception of Item 5.7, which was identified for debate, be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments (Councillor Strowbridge entered the meeting) 7. Proclamations 8. Delegations/Presentations 9. Public Hearings 6:30 PM 10. Consideration of Bylaws 10.1 Proposed Municipal Plan Amendment — 2304-2310 Ocean Westway Commissioner Hamilton advised Council the 30-day review period has concluded. Moved by Deputy Mayor McAlary, seconded by Councillor Reardon: 4 E:3 COMMON COUNCIL / CONSEIL COMMUNAL August 31, 2020 / le 31 ao6t 2020 RESOLVED that Common Council refer the proposed Municipal Plan Amendment for 2304-2310 Ocean Westway to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to beheld on Monday, November 9, 2020 in the Council Chamber at 6:30 pm. MOTION CARRIED. 11. Submissions by Council Members 12. Business Matters - Municipal Officers (Councillor Hickey entered the meeting) 12.1 Sustainability Update — "Positioned to Grow" The City Manager reviewed the submitted presentation entitled "Positioned to Grow," and reviewed the City's financial accomplishments such as achieving a balanced budget in 2020 in spite of the pandemic and the elimination of the structural deficit. The City has experienced monumental change in 2019 and 2020 and is now in a position to achieve growth and success. The City will continue to work towards further reducing debt, lowering the property tax rate, and investing in its priorities. Mr. Collin also commented on the new regional economic development model, the City's economic and community recovery initiatives and the successes of the virtual One -Stop Development Shop. Work will continue with the City of Saint John's Sustainability Plan. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Sustainability Update be received for information. MOTION CARRIED. 12.2 2021 General Fund Operating Budget Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the City Manager in the submitted report M&C2020- 218: 2021 General Fund Operating Budget, Council adopt the following: Based on the assumptions of 1.5% tax assessment growth over 2020 and Unconditional Grant of $17,204,756. RESOLVED: 5 COMMON COUNCIL / CONSEIL COMMUNAL August 31, 2020 / le 31 ao6t 2020 1. That the sum of $158,046,896 be the total Operating Budget of the City of Saint John for 2021; 2. That the sum of $127,730,619 be the Warrant of the City of Saint John for 2021; 3. That the tax rate for the City of Saint John be $1.785; 4. 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 2021 budget. 5. That Common Council approves the 2021 Establishment of Permanent Positions at 577; 6. That Common Council approve $650,000 to the Capital Reserve Fund to fund infrastructure deficit; 7. That Common Council approve $905,000 to the Operating Reserve Fund to mitigate potential impacts of COVID 19 and other one-time emergencies that may arise in the future; 8. That Common Council approve funds be directed to or from Capital from Operating or Reserve Funds to balance the budget based on actual 2021 Property Tax Assessments and the Unconditional Grant. MOTION CARRIED. 12.3 Community Recovery Initiatives Update (Verbal) Mr. Ouellette commented on initiatives in the community that have been adopted in order to accelerate growth and economic recovery due to the pandemic. A variety of initiatives have been undertaken including artistic picnic tables, 15 minute parking spots, and the open streets initiative. An open street on Main Street West will occur in September. Mr. Ouellette confirmed that there is a fee for the 15 minute parking program and signage will be improved in the coming days. In response to a comment, Mr. Collin stated that the placement and maintenance of flags throughout the City would be considered further. Moved by Deputy Mayor McAlary, seconded by Councillor Hickey: RESOLVED that the Community Recovery Initiatives verbal update be received for information. MOTION CARRIED. 12.4 Position Paper for Provincial Election Mr. Collin stated that the provincial political parties have been invited to address Council to discuss its position paper, which highlights the need for comprehensive Municipal Ird iK COMMON COUNCIL / CONSEIL COMMUNAL August 31, 2020 / le 31 aout 2020 property tax reform, binding arbitration affordability, creating regions for growth, revenue generation empowerment for cities, and strategic investments in infrastructure. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Position Paper for Provincial Election be received for information. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 14.1 Fall 2020 — Saint John Enerav Debenture Application Moved by Councillor Sullivan, seconded by Councillor MacKenzie: RESOLVED that as recommended by the City Manager in the submitted report M&C2020- 221: Fall 2020 — Saint John Energy Debenture Application: RESOLVED that the City of Saint John entrust to the Power Commission of the City of Saint John, doing business as Saint John Energy, the design, operation and management of the Burchill interconnection and Paradise Row substation relocation projects. RESOLVED that Common Council approve the loan agreement between the City of Saint John and The Power Commission of the City of Saint John and direct the Mayor and Common Clerk to execute the agreement; RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements that the City of Saint John proposes issue of the following debentures to be dated on or after September 4, 2020: The Power Commission of the City of Saint John Burchill Interconnection $ 15,000,000 Paradise Row Substation $ 10,000,000 TOTAL S25,000,000 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 $25,000,000. MOTION CARRIED with Councillor Armstrong voting nay. 15. General Correspondence rl 11 COMMON COUNCIL / CONSEIL COMMUNAL August 31, 2020 / le 31 ao6t 2020 15.1 Residents of Glenwood Subdivision/Westside Estates - Request for Exemption of specific section under Zoning Bylaw Moved by Councillor Norton, seconded by Councillor Sullivan: RESOLVED that the Residents of Glenwood Subdivision/Westside Estates - Request for Exemption of specific section under Zoning Bylaw be referred to the City Manager. MOTION CARRIED. 15.2 Kit Melanson: Restoration of Building at 100 Victoria Street Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Kit Melanson Letter - Restoration of Building at 100 Victoria Street be received for information. MOTION CARRIED. 15.3 Active Transportation: Letters of Support Moved by Councillor Reardon, seconded by Councillor Sullivan: RESOLVED that the Active Transportation: Letters of Support be received for information. MOTION CARRIED. 16. Supplemental Agenda 16.1 Cancellation of September 14. 2020 Common Council Meeti The City Manager recommended that due to the upcoming Provincial Election, that the Common Council meeting scheduled for Monday, September 141" be cancelled. Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary: RESOLVED that the Common Council meeting scheduled for Monday, September 14tn 2020 be cancelled. IL 1001us] ►1[ye\IN IN140 17. Committee of the Whole 17.1 Request from Reversing Falls Skywalk Inc. to Reduce Lease Payments 8 12 COMMON COUNCIL / CONSEIL COMMUNAL August 31, 2020 / le 31 aout 2020 Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole, having met on August 31, 2020, the request from Reversing Falls Skywalk Inc. for a short term reduction in rent, be denied. MOTION CARRIED. 18. Adjournment Moved by Councillor Reardon, seconded by Councillor Hickey: RESOLVED that the meeting of Common Council held on August 31, 2020 be adjourned. IL Is] Ius] ►[ye\all lIa91 The Mayor declared the meeting adjourned at 7:35 p.m. 13 COUNCIL REPORT M&C No. 2020-238 Report Date September 21, 2020 Meeting Date September 28, 2020 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Letter of support for adoption of the 2015 National Building Code of Canada OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Amy Poffenroth Jacqueline Hamilton John Collin RECOMMENDATION Your City Manager recommends that Common Council send a letter of support to the Province of New Brunswick, encouraging the adoption of the 2015 National Building Code of Canada as soon as possible. EXECUTIVE SUMMARY The Province of New Brunswick is one of only two remaining provinces that have yet to adopt the 2015 National Building Code of Canada ("the Code"). The Code provides a number of safety and performance measures that will benefit Saint John's building industry, most notably the ability to build midrise buildings of wood construction. A process is currently underway at the Provincial level to advance the Building Code Administration Act through the development of associated regulations, which will lead to proclamation of the Act. Once enacted, the Act will adopt the 2015 Code and further improve building regulation in the Province. While this process is underway, staff is recommending that Common Council send a letter to the Province, indicating its support of the positive steps taken to date and to encourage the adoption of the 2015 Code as soon as possible. PREVIOUS RESOLUTION N/A REPORT 14 -2- Every five years, the National Research Council publishes an updated National Building Code. This regular update facilitates construction in Canada to evolve and improve, integrating new and innovative construction materials and methods to increase the level of safety and building performance for new construction and renovations. Provincial adoption of updated versions of the National Building Code is required in order for the building industry in Saint John to take advantage of the technological and safety advances incorporated into an updated Code. The Saint John Building By-law adopts the version of the Code approved by the Province. Currently, New Brunswick is one of only two provinces that remain using the 2010 National Building Code. In 2017, Nova Scotia was the first province in Atlantic Canada to adopt the 2015 Code, followed by Newfoundland and PEI last year. New Brunswick and Manitoba are the only two provinces in Canada that have not yet adopted the 2015 National Building Code. All territories have also adopted the 2015 Code. The 2015 National Building Code provides builders, designers and regulators with a number of enhanced provisions, most notably and likely most beneficial to Saint John, it allows midrise buildings (5 and 6 storeys) to be constructed of wood with additional protection measures to address fire safety and structural concerns. This not only helps our forestry industry and the environment, but these buildings are also more cost effective than their steel and/or concrete counterparts (studies have indicated savings of at least 10%). The considerable cost advantages are important to Saint John's economy, particularly given the tight profit margins for multi -unit residential buildings. Adoption of the 2015 Code could result in an increase in construction of these buildings and, subsequently, an increase to our tax base. Although the 2015 Code has not yet been adopted by the Province, The City of Saint John has allowed its use through an "alternative solution" to facilitate the development of midrise wood construction projects on at least three projects that are in the early stages of development. While the alternative solution approach has worked to move these projects forward, the fact that the 2015 Code is not adopted province -wide still adds an extra level of risk and administrative burden to a project. Update on Adoption Process There are a number of steps involved at the Provincial level to have the 2015 Code adopted. There are organizational structural changes taking place among the responsible departments as well as new pieces of legislation in the works to make code adoption a more seamless process in the future. The Building Code Administration Act received Royal Assent in March 2020. Once proclaimed, this new legislation will update standardized building regulations throughout the 15 -3- Province, and adopt the most recent version of the National Building Code of Canada. In order for the legislation to be completed, updated regulations have to be drafted and stakeholder engagement is expected. Staff is pleased to report that a sub -committee of building officials in the Province, including the City's Chief Building Inspector, is currently working collaboratively on the regulations. The regulations are anticipated to be completed by Spring 2021. Once completed, the Act will be proclaimed, at which point the 2015 Code will be adopted as well as other regulatory improvements. Staff recommends that Council forward a letter of support to the Province of New Brunswick, encouraging the adoption of the 2015 National Building Code of Canada as soon as possible. STRATEGIC ALIGNMENT Support of adoption of the 2015 National Building Code of Canada is aligned with Council's "Growth and Prosperity" priority. SERVICE AND FINANCIAL OUTCOMES This initiative supports growth and development by facilitating midrise wood construction, which offers cost advantages to these new builds. The considerable cost advantages are important to Saint John's economy, particularly given the tight profit margins for multi -unit residential buildings. Adoption of the 2015 Code could result in an increase in construction of these buildings and, subsequently, an increase to the City's tax base. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None COUNCIL REPORT M&C No. 2020-226 Report Date September 18, 2020 Meeting Date September 28, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Materials Testing and Construction Inspection Services Agreement for 2019 and 2020 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rod Mahoney Michael Hugenholtz/Brian Keenan John Collin RECOMMENDATION It is recommended that Common Council approve an increase to the Agreement with Gemtec Consulting Engineers and Scientists Ltd. for Materials Testing and Construction Inspection Services for 2019 and 2020 from $683,660.05 to $950,000.00. EXECUTIVE SUMMARY The purpose of this report is to update Common Council on the status of the Agreement for Materials Testing and Construction Inspection Services for 2019 and 2020. PREVIOUS RESOLUTION April 8, 2019; Materials Testing and Construction Inspection Services for 2019 and 2020 awarded. August 19, 2019; 2020 General Fund Capital Program Approved. December 16, 2019; 2020 General Fund Operating Program Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. 17 -2- REPORT BACKGROUND On April 08, 2019 (M&C 2019-77), Common Council accepted the proposal from Gemtec Consulting Engineers and Scientists Ltd. for Materials Testing and Construction Inspection Services for 2019 and 2020 in the amount of $683,660.05 including HST based on estimated quantities. The award amount was based on providing the requested services for a period of 2 years ($333,537.95 in 2019 $350,122.10 in 2020). The services under the Agreement included: ♦ Asphalt Concrete Testing, Inspection, and Engineering Technical Services. ♦ Portland Cement Concrete Field and Laboratory Testing, Inspection, and Engineering Technical Services; and ♦ Soils and Granular Materials Compaction, Testing, Inspection and Engineering Technical Sevices. On April 08, 2019 (M&C 2019-78) Common Council awarded Contract 2019-16 Asphalt Resurfacing 2019 to Galbraith Construction Ltd. at the tendered price of $5,886,959.54. In the Financial Implications section of the council report it was identified that there was a $1,191,000 budget surplus following award of Contract 2019-16 Asphalt Resurfacing 2019. Further, M&C 2019-78 contained the following statement: " It is the intention of City staff to make full use of this budget surplus by adding additional streets to the 2019 asphalt resurfacing contract with the payment to be made at the approved contract unit prices. Staff will report back to Council with a proposed list of additional streets for asphalt resurfacing and for approval to increase the amount of Contract 2019-16 accordingly." On June 17, 2019 (M&C 2019-152) Common Council approved the addition of streets to Contract 2019-16 Asphalt Resurfacing 2019 with a resulting increase in the contract award amount from $5,886,959.54 to $7,034,967.17. Galbraith Construction then proceeded and completed all of the additional approved work for 2019. iF:3 -3- ANALYSIS Due to competitive low unit pricing received in the 2019 and 2020 Asphalt Resurfacing Contracts, the City was able to place more asphalt and renew more concrete curb and sidewalk than what was originally estimated prior to the award of the Agreement to Gemtec Consulting Engineers and Scientists Ltd. in early 2019 for Materials Testing and Construction Inspection Services. The increase in scope of work to the 2019 and 2020 Asphalt Resurfacing Contracts would subsequently require additional effort and resources from Gemtec Consulting Engineers and Scientists Ltd. to provide Quality Assurance Testing and Inspection for this construction work. The Agreement with Gemtec is a unit price based contract. The additional Testing and Inspection services being requested by the City will be paid for at the established unit prices as contained in the Agreement with Gemtec. FINANCIAL IMPLICATIONS On April 20, 2020 (M&C 2020-101) Common Council awarded Contract 2020-17 Asphalt Resurfacing 2020 to Classic Construction (2012) Ltd., at the tendered price of $6,071,902.25. In the Financial Implications section of the council report it was identified that there was a $1,113,900 budget surplus following award of Contract 2020-17 Asphalt Resurfacing 2020. The increased cost to the Agreement with Gemtec Consulting Engineers and Scientists Ltd. for Materials Testing and Construction Inspection Services for 2019 and 2020 in the amount of $266,339.95 ($950,000.00 - $683,660.05) will be covered within the approved budgets by utilizing a portion of the $1,113,900 budget surplus identified above. SERVICE AND FINANCIAL OUTCOMES Asphalt paving and concrete curb/sidewalk construction work by Classic Construction (2012) Ltd. is continuing in this 2020 construction season and the final cost under the 2019/2020 Agreement for Materials Testing and Construction Inspection Services by Gemtec Consulting Engineers and Scientists Ltd. is estimated to be $950,000.00. There is sufficient funding under the Operating and General Fund Capital Budgets to cover the cost of these services. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A COUNCIL REPORT M&C No. 2020-232 Report Date September 22, 2020 Meeting Date September 28, 2020 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Award for Demolition of the Building at 111-115 City Road (PID 55227342) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Benn Purinton J Hamilton /A Poffenroth John Collin RECOMMENDATION It is recommended that the tender submitted by Galbraith Construction Ltd, for the demolition of the building located at 111-115 City Road, PID# 55227342, in the amount of $79,400.00 plus HST be awarded. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council that competitive bidding for the demolition of 111-115 City Road, PID# 55227342 has closed. The Request for Quotation process commenced following approval of the August 04, 2020 recommendation of demolition. Staff is looking for authorization from Council to award contract. PREVIOUS RESOLUTION RESOLVED, that the building located at 111-115 City Road, PID# 55227342 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 the 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 K91 -2- Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. REPORT Following Common Council's approval of the recommendation to demolish the building at 111-115 City Road, PID# 55227342, staff began the competitive bidding process through a Request for Quotation (RFQ). The RFQ closed on September 8, 2020. Staff estimated that the demolition would cost $75,000. Four contractors provided quotes with Galbraith Construction Ltd. submitting the successful bid in the amount of $79,400 plus HST. Construction work in excess of $75,000 requires approval from Common Council as per the City's purchasing policy. Upon approval of the recommendation, the demolition work will begin shortly and will take approximately 3 to 4 weeks to complete. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES 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 A Request for Quotation was issued on Wednesday, August 5t", 2020 and closed on Tuesday, September 8t", 2020. Four (4) companies responded to the request for quotation by submitting bids. The results are as follows (excluding HST): COMPANY'NA E TENDER PRICE' ' Galbraith Construction Ltd. $79,400 Paul's Trucking & Demolition Ltd. $145,000 W & S General Contractors Ltd. $98,800 Byron's Excavating $115,300 *Exclusive of HST Staff of Materials Management have reviewed the quotes and have found them to be complete and formal in every regard. Staff believes that the proponent with the lowest bid has the necessary resources and expertise to perform the work, and recommend acceptance of their bid. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. 21 -3- ATTACHMENTS None WA COUNCIL REPORT M&C No. 2020 - 225 Report Date September 18, 2020 Meeting Date September 28, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Consideration of Sale of Land for Public Purposes at 1250 Latimore Lake Road OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Kevin Fudge/lan Fagan John Collin RECOMMENDATION 1. That Common Council seek the concurrence of the Planning Advisory Committee to divest the property, identified as being PID No. 55125496 from being "Land for Public Purposes" and if so, deem the subject property surplus to its needs. 2. In the event the Planning Advisory Committee concurs with such, it is further recommended that the above said property be sold to Caroline Bird for $30,000.00 plus H.S.T. (if applicable) with all costs associated with the sale of this land to be the responsibility of the purchaser; on condition the purchaser and any subsequent owner of the property retain the pond for drainage purposes; and 3. That the Mayor and Common Clerk be authorized to execute any documents required to facilitate this transaction. EXECUTIVE SUMMARY Ms. Caroline Bird has approached the City to acquire a City owned property, identified as PID #55125496. It is her intent to operate a dog training facility from this site, which is permitted under the City's Zoning By-law. This property was acquired by the City in 1999 as Land for Public Purposes (LPP), being part of a subdivision process. The City property contains an area of approximately six (6) acres. The land is currently occupied by an unused ball field and court area, which has remained idle for a number of years. Parks and Recreation have no purpose in retaining this lot for recreational purposes and are in agreement to sell the land. W -2- The City has an easement on an adjoining property for the purpose of providing a drainage ditch, which leads to a pond, situated at the rear of the subject property. The proponent is aware of the pond and she has no intent to impact its continued use. Real Estate Services has negotiated a sale price of $30,000.00 for Ms. Bird to acquire the property, subject to receiving the concurrence of the Planning Advisory Committee and approval of Council. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT Staff aims to provide open, transparent and consistent internal process to facilitate investment and development, while maintaining City standards that align with Plan SJ and PlaySJ, two of the City's economic health priorities. REPORT Proposal and Site Location Ms. Caroline Bird has approached City staff to purchase the City owned Land for Public Purposes (LPP), identified as PID No. 55125496. The proponent wishes to acquire the City lot to operate a dog training facility (see attached letter of offer). The existing fenced areas for the ball field and court facility would be of benefit for the intended use for outdoor training facilities. Ms. Bird also intends to construct an office/indoor training facility on the site as well. The proponent currently operates her business at the community centre at civic #615 Latimore Lake Road. If acquired, Ms. Bird would re -locate her business to the subject property. The present zoning of this property permits the intended use. This property is located off Latimore Lake Road near the intersection with Eldersley Avenue in East Saint John. This parcel was acquired by the City in 1999 for Land for Public Purposes (LPP) in conjunction with an approved plan of subdivision. The property is comprised of approximately six (6) acres and consists of a large open field with mature trees along a back portion of the site. This property has no on -site services and has sitting idle for a number of years. Sale of Land for Public Purposes City staff have no reason to retain the LPP. Community interest had been sought by Parks and Recreation but to no avail. It is the City's policy when considering selling any of its land, to offer a proportionate share to the adjoining property owners. In this case, the City owns the large parcel of land to the rear and east of the subject property, while a private residential property adjoins the western property boundary. As it is the proponents desire to acquire both fenced 0&1 -3- compounds situated on this property, staff did not solicit interest from the abutting neighbor. If Council is supportive of the recommendation contained in this report, part of the process in selling the LPP is to seek comments and feedback from the neighboring property owners. It is also a policy of the City that when it receives an unsolicited offer to purchase land, the selling price shall not be less than 10 per cent above appraised value. The Province has the property assessed for $13,600.00. Real Estate Services has negotiated without a formal appraisal, a purchase price of $30,000.00. Staff consider this sale price to be fair market value for this land, considering its rural location, unserviced, two damaged fenced compounds on -site suited to very few suiters and that the zone category being "RU" Rural, limiting potential uses to low density residential and associated compatible uses. In addition, the proponent will be required to pay a $300.00 application fee for the Planning Advisory Committee to consider divesting the lot from LPP status. Section 76(1) of the Community Planning Act states that Council may, with the concurrence of the Planning Advisory Committee, sell such land if it receives a majority vote of the members of Council for the sale. Staff recommends that the City divest the land from LPP, deem the land surplus to its needs and sell it to Caroline Bird, as detailed in the recommendation of this report. SERVICE AND FINANCIAL OUTCOMES The sale of the City land would result in a $30,000.00 benefit, a minimal property tax levy relief of $159.00 per annum and includes economic spinoffs for the future construction of a new training facility. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS A number of City Departments were solicited for their comments in the preparation of this report, including Planning, Municipal Operations and Parks and Recreation. Their comments are included in the report where applicable. ATTACHMENT 1. Map of City Land for Public Purposes off Latimore Lake Road; 2. Subdivision Plan for Land for Public Purposes (LPP); and 3. Letter from the proponent. OR 1250 Latimore Lake Road: LPP I —NB— 2622 fiRUBDIVOM PLA APPROVED 'I Lf I L Eyf is iw ZZ. X LOT 98-5 10:2:923 1.� E..D �w l7w -po vo ey LOT 96-6 27 PARCEL. 'A' LAND FOR PUSI.iC PURPOSES KEY PLAN LEGEND t NOTES ... ... .. ... Subdivision Plan City .1 S.1.1 John Subdivision, Lattmore Lake Rood, Cit y of Saint John. Province of N.. omn-IM FULTON SURVEYS LTD 24TH JUNE 2020 REFERENCE TO PROPERTY 55125496 At the present time this property belongs to the city. It is located on Latimore lake road. Saint John. The property is 2.4 hectares and consists of both trees and land. It has been decommissioned at this present stage in time because it is badly overgrown due to no upkeep on the grounds. It is zoned as LPP On the property is an area that was once a bull field and a tennis court. Neither is ever used now as the place is unsafe for the public to be on the grounds. I drive past this area of land most days of the week on my way to the Latimore lake community center where at the present time I hire the hall to do my dog training and sports classes. I have been holding dog training classes in the Saint John area for the past 13 years but I have been constantly very frustrated because I can not grow my business because of the high cost of hiring a hall area on an hourly basis and for many other small reasons that would take too much time to cover in this letter. There is so much more I could do for dog owners in the Saint John area but unless I have my own space this is never going to happen. Saint John and surrounding areas seem to have an abundant supply of arenas for other sports but very little opportunity for people who want to do sports with their dogs. I am very interested in this piece of land as it already has 2 large fenced in areas which means after they are repaired I could hold my classes outside in a safe area during the summer months. It would mean that at last all the thousands of tax payers dollars that were used to set up the area with fencing would not be wasted as it would be used for a new purpose. If possible I would also like to put a single storey building on the land so that I would have an indoor area to use in the winter months to continue working with the dog in training classes. have checked with the planning department and they have said a building of approx 60 by 80 would not be a problem on the land. The building would be a single storey with an added reception area at the entrance. Inside would be a wide open area with no added fixtures as i would need a large open floor space to be training the dogs. I am aware that there are no public water connections to this piece of land so i would be putting in my own private well and sewerage system. Work on getting all the above done would be starting in the year 2021 , subject to the availability of any contractors i would be hiring and weather conditions. would like to put in an offer of 30 thousand dollars for the land at Latimore fake road. I took this figure from researching the current 2020 tax assessment valuation on the land of 13,600.dollars and by researching the cost of land currently being sold around the Latimore lake la:3 road area which is advertised at around 500.00 per acre for larger amounts of land. Then the smaller the area the more expensive the land costs. If there is anything else you would need to ask from me I would be only too pleased to answer any questions. If you do want to look further into the kind of training I do with dogs check out my website. With my own place I can expand on these classes and add many more new concepts to the training classes that would help people and their dogs. Regards from Caroline Bird CPDT-KA W-W 2 A Wee COUNCIL REPORT M&C No. # found on SharePoint Report Date September 14, 2020 Meeting Date September 28, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Fleet Replacement Procurement — September 2020 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kevin Loughery / Chris Roberts Kevin Fudge / Ian Fagan John Collin RECOMMENDATION It is recommended that Common Council award the purchase of three (3) half - ton, four wheel drive crew cab pick-up trucks and one (1) three-quarter ton, four wheel drive crew cab pick-up truck at a total cost of $192,237.30 plus HST to Dobson Chrysler Dodge. EXECUTIVE SUMMARY The City is committed to rationalization of fleet and equipment and the corresponding reduction of the fleet size. The target of the Fleet Utilization project is to remove $300,000 in annual operating costs through consistent unit specifications and will allow for a closer standardization of the fleet. This standardization will then assist with further reductions of between 13 and 17 units in phases two and three of the project. The City is also seeing further reductions of units with the recently negotiated Outside Workers collective agreement. Service Areas are currently reviewing utilization and service impacts with the City's Fleet Service Division to capitalize on these changes. The City's Fleet Services Division continues to move towards more multi -use / multi -purpose units that can be utilized across service areas and for multiple service needs; as people units, equipment units and tool box units. The specifications of these units allow for cross -utilization. 091 -2- Upon Completion of the Fleet Utilization project, the City's Fleet Services Division with Continuous Improvement will be embarking on a second Pooling project related to Light Trucks and the aforementioned cross -utilization. The City's Fleet Services Division is to seeking approval to replace six (6) total existing units which have either reached or are approaching the end of their useful service lives, with four (4) new units. The planned vehicle replacements are budgeted and funded out of the Vehicle Replacement Reserve. PREVIOUS RESOLUTION Not applicable. REPORT Each year, the City's Fleet Services Division works with various City departments and commissions to identify and replace units which have reached the end of their useful service lives. The purpose of this report is to make recommendations to award the latest tendered units and/or equipment which require Common Council approval. The City's Fleet Management Division manages a fleet of approximately 93 pick- up trucks utilized by various City of Saint John departments and commissions. These people units, equipment units and tool box units perform a wide variety of tasks; crew movers, foreman, mini -packers, mini -dump, rescue, line painting, sign installation, crane, boom and bucket, locates, fleet pool, etc. Below is a breakdown of departmental and commission allocations, as well as the payload capacity of the units. 31 -3- Total Current Pick -Up Units Growth and Development Transportation and Environment SJ Water and Engineering Services Administrative Services Saint John Police Force (IIIIIIIIIII Saint John Fire and Rescue Services 0 5 10 15 20 25 30 35 40 Payload Saint John Fire Saint John Administrative SJ Water and Transportation Growth and Capacity and Rescue Police Force Services Engineering and Development Services Services Environment 11111550/5500 3 0 0 0 1 0 11111450/4500 0 0 0 6 14 0 11111 350/3500 0 0 1 1 3 0 11111250/2500 3 0 0 15 2 0 1111150/1500 3 1 8 15 15 2 The four (4) pick-up trucks in this recommendation are to replace six (6) units; 910, 570, 579, 566, 562, and 422. $60,000.00 $50,000.00 $40,000.00 $30,000.00 $20,000.00 $10,000.00 910 - 2010 570 - 2010 579 - 2014 566 - 2014 562 - 2014 422 - 2003 FORD F150 FORD F150 FORD F150 FORD F150 FORD F150 FORD 3/4 EXT. CAB EXT. CAB SUPERCAB SUPERCAB SUPERCAB TON 4X4 IIIIIIIIII Lifetime $38,249.95 $56,512.01 $15,074.45 $20,180.62 $19,256.59 $55,377.48 IIIIIIIIII Last Three Years $23,473.12 $34,131.02 $12,089.81 $15,254.55 $14,673.06 $18,274.81 MA -4- Of the six (6) units being replaced, three (3) units will be sent to directly to auction and three (3) units will be cycled / removed from active use and held to offset 2021 summer rental period. Once the 2021 summer rental period is over, the three (3) remaining units will be sent to auction. The unit specifications used in this tender process have been previously utilized for past recent purchases and should allowfor a closer standardization of the fleet, should reallocation be required. The tentative delivery date on the new four (4) pick-up trucks is 8-16 weeks. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES This purchase is a planned replacement of existing fleet equipment, approved in the 2020 capital budget. The funds specifically are provided for in the general fleet reserve and water fleet reserve, funded from the respected operating budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Two public tenders were issued for these units. The first public tender call for Pick -Up Truck: Half Ton Four Wheel Drive Crew Cab was issued on July 21, 2020 and closed on August 11, 2020. One (1) company responded to the tender call by submitting a bid. The results are as follows (excluding HST): COMPANY NAME TEN©ER PRICE' Dobson Chrysler Dodge $41,991.72 *Exclusive of HST The second public tender call for Pick -Up Truck: Three -Quarter Ton Four Wheel Drive Crew Cab with Fleet Side Short Box was issued on July 24, 2020 and closed on August 18, 2020. Two (2) companies responded to the tender call by submitting bids. The results are as follows (excluding HST): COMPANY'NAME TENDER MICE* Dobson Chrysler Dodge $66,262.14 Downey Ford Sales Ltd. $68,496.00 *Exclusive of HST 09] -5- Staff of Materials Management have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer is able to supply the equipment as required, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS None COUNCIL REPORT M&C No. 2020-236 Report Date September 22, 2020 Meeting Date September 28, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Grant of Easement to Mike Cavanagh Homes Inc. at Corner of Germain Street and Lower Cove Loop OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Kevin Fudge/lan Fagan John Collin RECOMMENDATION That The City of Saint John enter into the Easement attached to M & C #2020-236 for the placement of foundation footings as shown on an attached plan of survey, titled, "Plan of Survey Showing Foundation Location of Mike Cavanagh Homes Inc."; on condition that the proposed grant of easement would, subject to compliance with the terms and conditions hereof, exist for the duration of the life of the building constructed upon the footing foundations in question. The easement would be granted upon the precondition that the grantee has first delivered to the Building Inspector the following documentation: 1. A survey plan prepared by a licensed New Brunswick land surveyor confirming the distance which the footings in question extend into the public rights of way of each of Germain Street and Lower Cove Loop, which shall not in any event exceed in the case of Germain Street, .465 meters in width and in the case of Lower Cove Loop, .610 meters in width; 2. Written certification by a professional engineer licensed to practice in New Brunswick that the foundation footings have been constructed and installed in accordance with the engineering design and drawings submitted to the City's Building Inspection Office. 3. A survey plan prepared by a licensed New Brunswick land surveyor confirming the location and elevation of the aforesaid foundation footings in relation to City it f�astructure located beneath the surface -2- of the rights of way of each of Germain Street and Lower Cove Loop, along the entire length of the proposed easement; 4. The grantee shall provide the City a Certificate of Insurance issued by an insurer authorized to conduct business in New Brunswick confirming a wrap-up liability policy against liability for bodily and property damage which might arise with respect to the footing foundations in question and which shall provide the following: Coverage on an occurrence basis with inclusive limits of at least $5,000,000; ii. That the City of Saint John named as an additional insured with respect to the operations associated with the proposed easement; iii. Coverage for bodily injury and property damage in the amount of $5,000,000.00 on an occurrence basis; iv. A cross -liability clause; V. Completed operations coverage; vi. A requirement to provide the City 30 days advance written notice in the event of the cancellation, substantial amendment or lapse of this policy; and vii. Coverage for broad form property damage. 5. The grantee pay to the City of Saint John $1,000.00 plus HST (if applicable) for the easement. 6. Authorize the Mayor and Common Clerk to execute the Grant on behalf of the City. EXECUTIVE SUMMARY Mike Cavanagh Homes Inc. is in the process of constructing a 29-unit apartment building at the corner of Germain Street and Lower Cove Loop. Initial investigation of the condition of the soils for this property revealed that in order to keep their original design and accommodate the number of dwelling units, the proponent had to design the foundations with larger footings than would normally be required. This has caused the footings to encroach (below grade) into the street right-of-way. The developer has requested from the City an easement to accommodate a one to two foot below grade encroachment, as shown on an attached plan of survey. Staff are supportive of the easement through City 01.1 -3- property. If Council is in agreement, the attached Grant of Easement document will facilitate this transaction. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT Staff aims to provide open, transparent and consistent internal process to facilitate investment and development, while maintaining City standards that align with Plan SJ one of the City's economic health priorities. REPORT Further to the comments contained in the Executive Summary. The footing for this new building are over the property line by design. They are very large footings to distribute the building load over a larger area, due to less than ideal soil conditions that have a lower bearing capacity. In doing so, it allowed the developer to keep the original building design rather than redesign it for lower loads, such as reducing the number of stories or making the footprint smaller. The portions of street right-of-ways to be encroached by the subsurface structure will have no impact on the surface area of the right-of-way. In addition, the encumbered area is minimal, occupying a total area of only 24 square metres. Various City departments have been advised and have no objection to granting of the proposed easement. The terms and conditions as set out in the legal document attached to this report will facilitate the easement and protect the interests of the City of Saint John. SERVICE AND FINANCIAL OUTCOMES The various City Departments involved with this proposal are supportive of this project. The building will have a total of 29 units and an estimated building value of approximately 3.5 million dollars. The property taxes collected for this development will be in excess of one -hundred thousand dollars annually with the majority of the funds going to the City. There are no financial costs to the City associated with this project other than providing the subsurface easement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Saint John Water, Risk Management, Transportation and Environment Services, Infrastructure Development, Planning, and the City Solicitor's office were advised Kul -4- of this proposal and their input has been provided into this report where applicable. ATTACHMENTS 1. Site Map, 2. Plan of Survey, and 3. Easement document. M-11 Printed: 09/22/20 11:27:12 AM Corner of Germain Street and Lower Cove Loop: Grant of Easement 0 Mike Cavanagh Homes Inc. Drtumd 779UM7 err CdyeleyW J*M 37d.1 Ne_ N. prr0.rd by Gditd Ie.dudr, dabd MWa 1. 1e23 Co`le 4004 lAWet � NS Grid Coordinate Values pebd Frriw I , er.drM 10N 2534SIMA 7M2023,3M WJ.B*WPW 1WY 2631aN.Be1 73LWMLIN WJ. Beyr. pbn 1011 2634M80 rx"0.112 W.J.&VOPW1 7017A 26.N617.N6 7M1N2.711 SMF 163d 2631171.e16 T3613T4.e03 WNMpn4DW GM.MI J.14lrW.d ANB.LB. M02 N0.4 "lTYY Key Plan Styr. 1:10.000 Legend O 6M8 -Bsm.d m..y m.rt. r ®6MF BtW4.W....1—k. 1..rd O C = • Cob.AW1d PW4 WB• R..d ben bW k.W ■ so$. 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Germain Sheet and Lower Cove Loop City of Saint John Sawn John County, NB d Form 14 EASEMENT Land Titles Act, S.N.B. 1981, c.L-1.1, s.24 Parcel Identifier of Parcel Burdened by Easement: See Schedule "A" Parcel Identifiers of Parcels Benefiting from Easement: 1669, 1677, 1685, 1750 Grantor of Easement: City of Saint John (The) 2"d Floor, City Hall Building 15 Market Square P.O. Box 1971 Saint John, NB E21- 41-1 Grantee of Easement: Mike Cavanagh Homes Inc. 11 Waterview Place Saint John, NB E21K 51<2 Description of Easement: See Schedule "B" Purposes of Easement: See Schedule "B" Diagram of Easement: See Schedule "A-1" The grantor grants to the grantee the described easement over or in the specified parcel for the specified purposes for the benefit of the specified parcels. Date: .2020. [signatures on following pages] 41 Grantor of Easement: The City of Saint John Mayor Common Clerk Common Council Resolution: 2020 42 Grantee of Easement: Mike Cavanagh Homes Inc. Mike Cavanagh, President 43 Schedule "A" Easement Lands ALL that certain lot, piece or parcel of land situate, lying and being in the City of Saint John, in the County of Saint John, and Province of New Brunswick and designated as [• "Easement Lands"] on a plan entitled "Plan of Survey Showing Foundation Location of Mike Cavanagh Homes Inc." and attached hereto as Schedule "A-1". 44 Schedule "A-1" [insert Plan of Survey] 45 Schedule "B" WHEREAS: A. The Grantee is the owner of the lands and premises located at the corner of Germain Street and Lower Cove Loop located in the City of Saint John, New Brunswick, and more particularly identifed as PIDs 1669, 1677, 1685, and 1750 (the "Grantee Lands"); B. The Grantee is constructing upon the Grantee Lands a multi -unit apartment building (the "Building"), which Building's foundation footings (the "Footings") encroach in part into those portions of the public streets known as Germain Street and Lower Cove Loop and more particularly described in Schedule "A" attached hereto (hereinafter referred to as the "Easement Lands"); and C. Subject to the terms and conditions of this easement, the Grantor has agreed to allow the Footings to encroach into the Easement Lands for the benefit of the Grantee Lands. Description and Purposes of Easement 1. The Grantor grants to the Grantee an easement in and under the Easement Lands to permit the Footings owned by the Grantee to continue to encroach therein for so long as and until the Building is destroyed, removed, or otherwise ceases to exist, whereupon the easement granted herein shall automatically terminate and become null and void. 2. Upon termination of this easement for any reason, the Grantee covenants and agrees to remove the Footings from the Easements Lands. 3. The Grantee covenants and agrees to promptly repair, at its sole cost and expense and to the satisfaction of the Grantee, any damage caused to the Easement Lands or surrounding lands of the Grantor arising from the presence of the Footings within the Easement Lands or the removal of the Footings therefrom. 4. The Grantee agrees to indemnify and hold harmless the Grantor from any and all losses or claims, actions, demands, liabilities and expenses in connection with loss of life, personal injury and/or damage to or loss of property: (a) arising out of any occurrence in or about the Easement Lands due to the presence of the Footings therein or otherwise due to the operations of the Grantee; (b) occasioned or caused wholly or in part by any act or omission of the Grantee or anyone for whom it is in law responsible; or (c) arising from any breach by the Grantee of any provisions herein. 5. The Grantee covenants and agrees, at its sole cost and expense, to take out and maintain in full force and effect at all times while this easement remains in effect insurance issued by an insurer authorized to conduct business in New Brunswick having a wrap-up liability policy against liability for bodily injury and property damage which might arise with respect to the Footings or the Grantee's use of the Easement Lands, and which shall provide the following: (a) coverage on an occurrence basis with inclusive limits of at least $5,000,000; (b) that the Grantor be named as an additional insured with respect to the operations associated with the easement herein; (c) coverage for bodily injury and property damage in the amount of $5,000,000 on an occurrence basis; (d) a cross -liability clause; (e) completed operations coverage; (f) a requirement to provide the Grantor 30 days advance written notice in the 46 event of the cancellation, substantial amendment or lapse of the policy; and (g) coverage for broad form property damage. 6. Upon request by the Grantor, the Grantee shall provide to the Grantor a certificate of insurance confirming the foregoing insurance coverage. 7. This easement shall be subject to termination at the discretion of the Grantor in the event the Grantee fails to maintain the required insurance coverage referred to herein or in the event the insurance coverage is cancelled, substantially amended or allowed to lapse without the Grantor's prior written consent. 47 Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c.L-1.1, s.55 Deponent: Jonathan A. Taylor The City of Saint John P.O. Box 1971 Saint John, NB E 2L 41-1 Office Held by Deponent: Common Clerk Corporation: The City of Saint John Other Officer Who Executed the Instrument: Office Held by Other Officer Who Executed the Instrument: Place of Execution: Date of Execution: W. Donald (Don) Darling The City of Saint John P.O. Box 1971 Saint John, NB E 2L 41-1 Mayor Saint John, New Brunswick , 2020. I, Jonathan A. Taylor, the deponent, make oath and say: 1. That I hold the office specified above in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me and the other officer specified above as the officers duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by order of the Common Council of (The) City of Saint John; 4. That the instrument was executed at the place and on the date specified above; 5. That the corporation has no shareholders. SWORN TO at the City of Saint John, in the County of Saint John, in the Province of New Brunswick, this day of , 2020, before me: Commissioner of Oaths Jonathan A. Taylor 48 Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c.L-1.1, s.55 Deponent: Mike Cavanagh 11 Waterview Place Saint John, NB E2K 5K2 Office Held by Deponent: President Corporation: Mike Cavanagh Homes Inc. Place of Execution: Saint John, New Brunswick Date of Execution: , 2020. I, Mike Cavanagh, the deponent, make oath and say: 1. That I hold the office specified above in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me as the officer duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by order of the Board of Directors of the corporation; 4. That the instrument was executed at the place and on the date specified above; and 5. That the ownership of a share of the corporation does not entitle the owner thereof to occupy the parcel described in the attached instrument as a marital home. SWORN TO at the City of Saint John, in the County of Saint John, in the Province of New Brunswick, this day of 2020, before me: Commissioner of Oaths Being a Solicitor Mike Cavanagh 49 COUNCIL REPORT M&C No. 2020-240 Report Date September 22, 2020 Meeting Date September 29, 2020 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: City Market Lease with A Whale of a Cafe. doing business as The Wild Carrot Cafe. OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Andrew MacDonald Ian Fogan/KevinFudge John Collin RECOMMENDATION 1. That the City enter into a Lease for Stall D in the City Market with A Whale of a Cafe. doing business as The Wild Carrot Cafe, under the terms and conditions as set out in the Lease submitted with M&C 2020-240. 2. That the Mayor and Common Clerk be authorized to execute any necessary documents. EXECUTIVE SUMMARY City staff and the owners/operators of The Wild Carrot Cafe have reached an agreement that will have the business lease space described in Schedule "A" of the lease in the City Market. The term will be for five (5) years, commencing September 29, 2020 with an option to renew for an additional five (5) years. Rents will be at market value as defined in Schedule C. The lease document as attached is standard and consistent with the leases granted to other tenants in the City Market, with a few exceptions to account for the different business nature, scope and investment of this tenant. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT 50 -2- Providing for continuing business at a staple in the City's Uptown core, which aids in maintaining a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT City staff has reached an agreement with A Whale of a Cafe doing business as The Wild Carrot Cafe to operate the space described in Section 2.01 of the lease in the City Market that would commence effective September 29, 2020. Their business will continue to be centered on operating their food stall location within the City Market. The initial term is for five years with an option to renew for an additional five years at market rates. 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 the Wild Carrot within the City Market will continue to add to a vibrant scene in the City's Uptown area, focusing on both local and visiting patrons. This Lease will generate revenue of approximately $14,000 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 reviewed the Lease Agreement. ATTACHMENT Lease Agreement with A Whale of a Cafe dba The Wild Carrot Cafe. 51 Form A19 LEASE Standard Forms of Conveyances Act, S.N.B. 1980, c. 5-12, 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 — A Whale of a Cafe Inc., a Corporation registered under the laws of the Province of New Brunswick, having its registered office at 47 Charlotte Street, Saint John, New Brunswick, E2L 2118, doing business as "The Wild Carrot Cafe", the "Lessee". The "Rules and Regulations" attached hereto as Schedule "D" and the Pre -Authorized Debiting 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 September 29, 2020 September 28, 2025 First day of each and every month during the term hereof Cashier's Office City Hall Saint John, NB This lease contains the covenants and conditions which are set out in Schedule "C" attached hereto. Dated on 2020. SIGNED, SEALED & DELIVERED ) THE CITY OF SAINT JOHN in the presence of: ) Mayor Common Clerk Common Council Resolution: 2020 A Whale of a Cafe, dba The Wild Carrot Cafe Per: And: 52 SCHEDULE"D" RULES AND REGULATIONS 1. All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by the Landlord. 2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such controls as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises and/or the City Market. 3. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not be burned in or about the Leased Premises. 4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or connected without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and without such direction no boring or cutting for wires or pipes shall be permitted. 5. The Tenant will be required to remain open for business as follows: a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. 6. The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Tenant. 7. The Tenant shall use at the cost of the Tenant a nationally recognized pest extermination contractor. 8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or iron without the written consent of the Landlord. 9. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit any cooking in the Leased Premises without the written consent of the Landlord. 10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for any purpose other than ingress to and egress from the Leased Premises. 11. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees shall not bring in or take out, position, construct, install or move any safe or other heavy equipment or furniture without first obtaining the consent in writing of the Landlord. In giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platforms to distribute the weight thereof. All damage done to the City Market by moving or using any such safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. The moving of all equipment and the furniture shall occur only during those hours when the City Market shall not be open for business or any other time consented to by the landlord. 12. All persons entering and leaving the building in which the Leased Premises are situated must do so during hours the City Market is staffed by City Market employees. The Landlord at its sole discretion may determine the hours the City Market is staffed. Tenants shall register in books if so required by the Landlord when accessing the Market "after Market hours". The Landlord is under no responsibility for failure to enforce this rule. 13. The Tenant shall not place or cause to be placed any additional locks upon any doors of the Leased Premises without the approval of the Landlord and subject to any conditions imposed by the Landlord. 14. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for the purposes permitted by the lease to which these rules and regulations are annexed. 15. Subject to the Landlord's providing such service, the Tenant shall permit window cleaners to clean the windows of the Leased Premises from time to time and at reasonable times. 53 SCHEDULE"D" RULES AND REGULATIONS Page 2 16. Any hand trucks, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 17. No animals or birds shall be brought into the Leased Premises except as permitted by the lease to which these rules and regulations are annexed. 18. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit the delivery of any food or beverage to the Leased Premises without the approval of the Landlord. 19. The Tenant shall not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parked in the parking areas. 20. The Tenant may only sell merchandise that is approved by the Landlord through their lease or otherwise. 21. The Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas adjacent to the Leased Premises. 22. The Tenant shall not use or permit any of the Leased Premises to be used in such a manner as to cause annoying noises or vibrations or offensive odours. 23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor. 24. A set of plans must be presented and the approval must be given by the landlord for any improvements or painting, etc. to the stands (including signs). 25. Merchandise, displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on each stand. 26. No solid dividers are to be placed between the top and bottom meat hook bars. 27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be swept and washed down properly. 28. Covers are not to be placed over merchandise on stands without the prior approval of the Landlord. 29. Signage is to be in keeping with the historic character of the City Market and must meet the following criteria: Materials: Wood and metal are considered to be appropriate materials. Plastic may be used provided that it looks like one of the acceptable materials. Internally -illuminated plastic faced box signs will not be acceptable; Number of Signs: Each tenancy will be permitted one bench -top sign on each bench (7'- 0" length), or one projecting sign on each aisle -side that identifies the business by name and type; Bench -top Signs: These signs are the preferred primary form of signage. They must be located Ito 2 inches above the top rail of the bench, and should display the business name. They will consist of a 8" high by 6'-0" long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two-sided signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide. Only one per tenancy per aisle side shall be permitted as Business identifications; Lighted Signs: Not permitted; Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be permitted. They may not exceed 8.5" x I in size, and must not excessively obscure the view through the bench between the first and last rail above the bench. 54 SCHEDULE "D-1" Pre -Authorized Debiting Form Formulaire d'autorisation de pr6levement bancaire automati ue The City of Saint John is pleased to be able to The City of Saint John est heureuse d'offrir aux offer City Market Tenants a monthly debiting locataires du march6 municipal, l'option de payment option for payment of City Market payer par pr6levement bancaire mensuel rent. automatique leur lover du march6 municipal. We hope that the form is self-explanatory, Nous esp6rons que ce formulaire est Clair, however, please call us if you have any toutefois si vous avez des questions, n'h6sitez questions at (506) 652-1960. pas a nous appeler au (506) 652-1967 Please fill in and return this form to The City of Saint John Billings and Collections office with a VOID cheque (for account verification purposes). Veuillez remplir et retowner le present formulaire au bureau de la facturation et de la perception de The City of Saint John avec un cheque portant la mention « ANNULE» (aux fins de verification du compte). I/We, / Je/vous, Name / Nom : Address / Adresse Province : Postal Code City / Ville : / Code ostal : ******************************************************************************* AUTHORIZE AUTORISE/AUTORISONS ******************************************************************************* The City of Saint John, The City of Saint John, P.O. Box 1971, Saint John, NB, E2L 4L1, C.P. 1971, Saint John, N.-B., E2L 4L1, to debit my/our account, a &biter mon/notre compte Account # / No de compte held at / de la succursale Branch Address / Adresse de la succursale Transit for the purpose of payment of Market rent aux fins du paiement mensuel du loyer du march6 payable monthly. municipal. I/We have read and understood the terms Yai/vous avons In et compris les termes of this authorization. de la pr&sente autorisation. Signature : Date *Signature : Date *For joint accounts, all depositors must sign if more than *En ce qui concerne les comptes conjoints, si plus d'une one signature is required on cheques issued against the signature est requise sur les cheques &mis de cc compte, account. tons les d&posants doivent signer. Note: If a copy of this completed form is required, please Note : Si vous d6sirez obtenir une copie du present inform our office. formulaire dument rempli, veuillez en aviser notre bureau. 6191 TERMS AND CONDITIONS MODALITES ET CONDITIONS I/We will notify The City of Saint John Billing and Collections office, in writing, of any changes in the account information or termination of this authorization at least thirty (30) days prior to the next payment date. I/We understand that termination of this authorization does not affect my/our obligation to pay for goods or services contracted for/with The City of Saint John. My/Our financial institution will treat each debit as if I/we had personally issued a written direction authorizing The City of Saint John to debit the amount (s) specified to my/our account and need not verify that payments are drawn in accordance with this authorization. J'aviserai/nous aviserons, par &crit, le bureau de la facturation et de la perception de The City of Saint John, de tout changement apport& aux renseignements sur le compte on, de la r6siliation de cette autorisation, an moires trente (30) jours avant la date du prochain paiement. Je comprends/nous comprenons que la r6siliation de cette autorisation n'a aucune incidence sur mon/notre obligation de payer les produits on les services sous contrat pour on avec The City of Saint John. Mon/notre institution financi&re traitera chaque pr &vement bancaire comme si j'avais/nous avions personnellement &mis une directive &crite autorisant The City of Saint John a d&biter le(s) montant(s) d&termin&(s) de mon/notre compte et elle n'aura pas a v&rifier que les paiements sont perrus conform&ment a cette autorisation. I/We understand that any debits charged to my/our Je comprends/nous comprenons que tout pr &vement account will be reimbursed if: bancaire de mon/notre compte sera rembours& si : ❑ this debit was not drawn in accordance with this authorization; ❑ ce pr &vement n'a pas &t& effectu& conform6ment a cette autorisation; ❑ this authorization has been terminated; or ❑ cette autorisation a &t& r&sili&e ; on ❑ this debit was posted to the wrong account due to ❑ ce pr &vement a &t& effectu& du mauvais compte en invalid/incorrect account information supplied by raison de renseignements sur le compte invalides on the Billing & Collections office, The City of Saint incorrects, fournis par le bureau de la facturation et John, de la perception de The City of Saint John, by giving notice in writing to my/our branch of account en donnant un avis &crit a ma/notre succursale bancaire, within ninety (90) days of the debit to my/our account. daps les quatre-vingt-dix (90) jours suivant le retrait de mon/notre compte. The City of Saint John will charge $10.00 for each The City of Saint John facturera 10 $ pour chaque transaction returned for Non -Sufficient Funds. transaction retourn&e en raison d'insuffisance de fonds. PLEASE NOTE: EFFECTIVE JANUARY 1, 2016, THE FEE CHARGED BY THE CITY OF SAINT JOHN WILL INCREASE TO $25.00 PER ITEM ON ALL PAYMENTS RETURNED FROM YOUR BANK. VEUILLEZ NOTER QU'A COMPTER DUIER JANVIER 2016, LES FRAIS UNITAIRES EXIGES PAR LA VILLE DE SAINT JOHN POUR TOUS LES PAYMENTS RETOURNES PAR VOTRE BANQUE PASSERONT A 25 $. I/We acknowledge that delivery of this authorization to Je reconnais/nous reconnaissons qu'en accordant cette The City of Saint John constitutes delivery to my autorisation a The City of Saint John, je Faccorde/nous financial institution. Faccordons a mon/notre institution financi&re. I/We warrant that all persons whose signatures are required to sign up on this account have signed this authorization. ** Privacy ** The City of Saint John DOES NOT share or sell its client lists. Any information provided herein will be used only for the above noted purpose, and for no other purpose. Your signature on this form is your authorization for The City of Saint John to record this information. If you have any questions about this statement, please do not hesitate to call 652-1960 or the City Solicitor's Office at (506) 658-2860. Je garantis/nous garantissons que toutes les personnel dont la signature est requise sur ce compte ont sign& la pr&sente autorisation. ** Protection de la vie priv&e ** The City of Saint John NE partage pas et ne vend pas sa liste de clients. Toute information fournie daps ce formulaire sera utilis&e uniquement aux fins decrites ci- dessus. Votre signature sur ce formulaire repr&sente votre autorisation a ce que The City of Saint John enregistre Finformation qui y est contenue. Si vous avez des questions a propos de cette affirmation, n'h&sitez pas a composer le 652-1960 on a appeler le bureau de FAvocat Municipal an (506) 658-2860. 67� Schedule'A: \ZwNDOW GLASS N. cotuw 3,—G" LEASE wE . . ... ........ WICUKI) FLOOR MA�r:AO�� AREA�, �359,1) L,f,',',ASE PLAN for INHALE of ,-, CM,"�. (COP"IrSt 8 J,/2" x: 14"' A%fT 70 LEASE FOR STALL SPACE CITY MARKET A Whale of a Cafe. doing business as The Wild Carrot Cafe. 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) "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; d) "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; e) "Commencement Date" means a date determined in accordance with the provisions of Section 2.03; f) "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 Lessees 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 preventions, 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; g) "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); h) "Gross Rent' means the annual Gross Rent payable by the Lessee pursuant to Section 3.01; i) "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to be hazardous, toxic, contanunants or pollutants in or pursuant to any applicable federal, provincial or municipal statute, by-law or regulation; 58 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" Page 2 - j) "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, k) "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; 1) "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; m) "Lease Year" shall mean a period of time commencing on September 29, 2020 and ending on September 28 of the following year. Thereafter Lease Years shall consist of consecutive periods of twelve calendar months ending in each case on September 28, save for the last Lease Year of the Term which shall terminate upon the expiration or earlier termination of this Lease, as the case may be. n) "Lessee" means the party named as Lessee in this Lease; o) "Lessor" includes the Lessor and its successors and assigns; p) "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; q) "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; r) "Rent' means all Gross Rent and Additional Rent payable pursuant to the terms of this Lease; s) "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; t) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors of the Leased Premises measured from: 59 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" -Page 3 - i. the exterior face of all exterior walls, doors and windows; ii. the exterior face of all interior walls, doors and windows separating the Leased Premises from Common Areas; if any; and iii. the centre line of all interior walls separating the Leased Premises from adjoining leasable premises. The Rentable Area of the Leased Premises includes all interior space whether or not occupied by projections, structures or colunms, 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; u) "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' ; v) "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; and w) "Terns" 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. "D" as shown on Schedule "A" attached hereto and contain a Rentable Area of approximately Four Hundred and Thirty-nine square feet (439 ft2). In addition, hereto the Lessee shall have One Hundred and Seventy-six (171 ft2) of Storage Space located behind the stall. 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 September 29, 2020 and fully to be completed and ended on September 29, 2025 save as hereinafter provided for earlier termination. PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a third party as of the date of this Lease, the Commencement Date shall be the earlier of: a) zero (0) days after the Lessor has delivered vacant possession of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such zero (0) 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 Lease for Stall Space- City Market A Whale of a Cafe. doing business as The Wild Carrot Caf6 Schedule "C" Page 4 inventory, at its own risk, for a period of zero (0) 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 Terns 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 zero (0) 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 Terns unless otherwise specified herein. 2.04 Option to Renew The Lessee shall have the option to renew this Lease for a further one (1) terns 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 Terns. In the event that the Lessor and the Lessee do not agree on the then prevailing market rate, such rate may be determined by a single arbitrator appointed by the agreement between the Lessor and the lessee or pursuant to the Arbitration Act. ARTICLE III RENT AND DEPOSIT 3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Thirty-two Dollars and 80 cents (S32.80) per square foot of leaseable retail area of the Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance. According to the following schedule: Rate Retail Space Storage Area Basement Space Promo/Advertising Fund 1 $30.00 $19.99 $2.99 6% 2 $32.00 $19.99 $2.99 6% 3 $34.00 $19.99 $2.99 6% 4 $34.00 $19.99 $2.99 6% 5 j $34.00 $19.99 $2.99 6% Year Retail Space Storage Area Basement Space Promo/Advertising 439 171 0 Year Month Year Month Year Month Year 1 $13,170.00 $1,097.50 $3,418.29 $284.86 $0.00 $0.00 $995.30 2 $14,048.00 $1,170.67 $3,418.29 $284.86 $0.00 $0.00 $1,047.98 3 $14,926.00 $1,243.83 $3,418.29 $284.86 $0.00 $0.00 $1,100.66 4 $14,926.00 $1,243.83 $3,418.29 $284.86 $0.00 $0.00 $1,100.66 5 $14,926.00 $1,243.83 $3,418.29 $284.86 $0.00 $0.00 $1,100.66 61 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" -Page 5 - There shall be no Additional Rent payable under this Agreement, save and except monies to be paid under Article VI of this Lease. 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 (S0.00) 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 pernritted 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 (which proceedings or other steps taken by the Lessee shall be conducted diligently at its own expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed 62 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" Page 6 upon or against the Leased Premises or Taxes in lieu thereof required to be paid by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations 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 way affect the rights of the Lessor and any by-laws, rules and regulations of such Association shall at all times be subject to the prior approval of the Lessor. 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. 63 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" - Page 7 - ARTICLE VII CONDUCT OF BUSINESS BY TENANT 7.01 Use of Leased Premises a) The Leased Premises shall be used continuously, actively and diligently for the sole purpose of operating the business of a delicatessen, lunch counter, take-out food and catering of the following products — sandwiches, soups, salads, beverages, desserts, quiches, meat pies, homemade dressings and sauces, crepes, beef/chicken skewers and other related items. The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof for any other business or purpose. In connection with the business to be conducted by the Lessee on the Leased Premises, the Lessee shall only use the advertised name "The Wild Carrot Cafe" and will not change the advertised name of the business to be operated in the Leased Premises without the prior written consent of the Lessor. The Lessee shall not introduce new product lines, or offer new services to its customers without first obtaining the written consent of the Lessor. The Lessee acknowledges that it would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of such product line or service would compete with the business of other tenants in the City Market or infringe on exclusive covenants granted by the Lessor. Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other premises in the City Market to any other tenant(s) carrying on a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises pursuant to this Section 7.01. b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the regular conduct of business therein are of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases therein, the efficient and economic supply of services and utilities, and in the character and quality of other tenants in the City Market. The Lessee therefore covenants and agrees that throughout the Term it will occupy the entire Leased Premises, comply strictly with the provisions of Section 7.01 and not vacate or abandon the Leased Premises at any time during the Term. The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business therein, or uses or permits or suffers the use of the Leased Premises for any purpose not specifically herein authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor. The Lessor will have the right, without prejudice to any other rights which it may have under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the provisions of this Section 7.01(b). 7.02 Conduct and Operation of Business The Lessee shall occupy the Leased Premises from and after the Commencement Date and thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall: a) operate its business with due diligence and efficiency and maintain an adequate staff to properly serve all customers; own, install and keep in good order and condition free from liens or rights of third parties, fixtures and equipment of first class quality; and carry at all times such stock of goods and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premises consistent with good business practices; 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 64 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" - Page 8 - and not as a penalty, an amount equal to two hundred fifty dollars ($250.00) per day for each and every day that the Lessee is in default. When not open for business the security of the Leased Premises is the sole responsibility of the Lessee; c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and keep the display windows and signs (if any) in the Leased Premises well -lit during the hours the Lessor designates from time to time, acting reasonably; d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale from the Leased Premises, and not use any portion of the Leased Premises for office, clerical or other non -selling purposes except minor parts reasonably required for the Lessee's business in the Leased Premises; e) abide by all rules and regulations and general policies formulated by the Lessor, acting reasonably, from time to time relating to the delivery of goods to the Leased Premises; f) not allow or cause to be committed any waste upon or damage to the Leased Premises or any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the City Market or which unreasonably disturbs or interferes with or annoys any third party, or which may damage the City Market; g) not allow or cause to be done any act in or about the Common Areas or the City Market which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's flow of traffic in any way, obstructs the free movement or parties doing business in the City Market; h) not allow or cause business to be solicited in any part of the City Market other than the Leased Premises, nor display any merchandise outside the Leased Premises at any time without the prior written consent of the Lessor; i) use the name designated for the City Market by the Lessor from time to time and all insignia or other identifying names and marks designated by the Lessor in connection with the advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (i); j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on the roof of any building forming part of the City Market or on any exterior walls of the Leased Premises or in any of the Common Areas. Any such installation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical devices in a manner so that they can be heard or seen outside of the Leased Premises without the prior written consent of the Lessor. If the Lessee uses any such equipment without receiving the prior written consent of the Lessor, the Lessor shall be entitled to remove such equipment without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; 1) not install or allow in the Leased Premises any equipment which will exceed or overload the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which the Lessor has not approved. If the Lessee requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if they are available elect to install them at the Lessee's expense and in accordance with plans and specifications to be approved in advance in writing by the Lessor; m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason of its weight, size or use, night 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; and 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 65 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" Page 9 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; and 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 reputation of the Lessor or reflect unfavourably on the City Market, the Lessor or other tenants in the City Market or tend to confuse, deceive, mislead or be fraudulent to the public; or V. a mail order business, save and except for dulse and maple products or a department store, junior department store or variety store. 7.04 Hazardous Substances The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture, refine, treat, transport, store, handle, dispose of, transfer, produce or process any Hazardous Substance, except in strict compliance with all applicable federal, provincial and municipal statutes, by-laws and regulations, including, without limitation, environmental, land use and occupational and health and safety laws, regulations, requirements, permits, statutes, by-laws and regulations. Further the Lessee hereby covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or contributed to by any Hazardous Substances which are at any time located, stored or incorporated 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 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" Page 10 behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural nature or that would lessen the value or Rentable Area of the Leased Premises or the City Market, or would interfere with the usage of the Common Areas. All alterations, decorations, additions and improvements made by the Lessee or made by the Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or improvements. Such alterations, decorations, additions and improvements shall not be removed from the Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shall remove all such alterations, decorations, additions and improvements and restore the Leased Premises as required by the Lessor. 8.02 Maintenance and Repair by the Lessee The Lessee will at all times keep the Leased Premises (including exterior entrances and all glass and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition and repair (including periodic painting or redecorating and preventative maintenance as determined by the Lessor and including such repairs or replacements as are required to keep the Leased Premises in good repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality and class equal to the original work or installations. 8.03 Signs, Awnings, Canopies The Lessee will not place or suffer to be placed or maintained on any exterior door, wall or window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Leased Premises without first obtaining the Lessor's written approval and consent. The Lessee 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 apart 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. 67 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" -Page 11 - 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. 8.08 Control of City Market by Lessor The City Market and the Common Areas are at all times subject to the exclusive control and management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by the establishment of rules and regulations and general policies with respect to the operation of the City Market or any part thereof at all times throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems; provide supervision and policing services for the City Market; close all or any portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the City Market; obstruct or close off all or any part of the City Market for the purpose of maintenance, repair or construction, employ all personnel, including supervisory personnel and managers necessary for the operation, maintenance and control of the City Market; use any part of the Common Areas from time to time for merchandising, display, decorations, entertainment and structures designed for retail selling or special features or promotional activities; designate the areas and entrances and the times in, through and at which loading and unloading of goods shall be carried out; control, supervise and generally regulate the delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in the manner and the times and places at which same is to be placed for collection (if the Lessor for the more efficient and proper operation of the City Market provides or designates a commercial service for the pickup and disposal of refuse and garbage instead of or in addition to the service provided by the municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level, location, arrangement or use of the City Market or any part thereof, construct other buildings or improvements in the City Market and make changes to any part thereof, construct other buildings or improvements in the City Market and make changes to any part of the City Market; and do and perform such other acts in and to the City Market as in the use of good business judgment the Lessor determines to be advisable for the more efficient and proper operation of the City Market. Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its rights as set out in this Section 8.08, the Common Areas are diminished or altered in any manner whatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease. 8.09 Lessor's Right to Enter Leased Premises a) It is not a 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 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" - Page 12 - 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 Terns, the Lessor may exhibit the Leased Premises to prospective purchasers and during the six (6) months prior to the expiration of the terns of this Lease, the Lessor may exhibit the Leased Premises to prospective tenants and place upon the Leased Premises the usual notice "To Let' which notice the Lessee shall permit to remain where placed without molestation; c) If the Lessee shall not be personally present to open and permit an entry into the Leased Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Lessor or the Lessor's agents may enter the same by a master key, or may forcibly enter the same, without rendering the Lessor or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease; d) Nothing in this Section contained, however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the City Market or any part thereof, except as otherwise in this Lease specifically provided. ARTICLE IX INSURANCE AND INDEMNITY 9.01 Lessee's Insurance a) The Lessee shall throughout the Terns, at its own cost and expense, take out and keep in full force and effect the following insurance: i. All-risk insurance upon property owned by the Lessee or for which the Lessee is legally liable (including, signs and plate glass) and which is located within the City Market in an amount of not less than the full replacement cost thereof, ii. 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 (perations; g) Completed (perations; 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, 99 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" Page 13 c) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance referred to in this Section 9.01, or should any such insurance not be approved by the Lessor and should the Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee, the Lessor has the right without assuming any obligation in connection therewith to effect such insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of the Lessor under this Lease. 9.02 Increase in Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. If the Lessee is in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance policies taken out or maintained by the Lessor, or if any insurance policy upon the Leased Premises or the City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the Lessor, and if the Lessee shall fail to do so within twenty-four (24) hours of such written request, the Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at its option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in full to the date of such determination of the Lease, and together with an amount equal to the Gross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such 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 70 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" - Page 14 - 10.01 Total or Partial Destruction of Leased Premises If, during the Terns, 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 and become null and void from the date of such destruction or damage and the Lessee shall immediately surrender the Leased Premises and all interest therein to the Lessor and the Rent shall be apportioned and shall be payable by the Lessee only to the date of such destruction or damage and the Lessor may re-enter and repossess the Leased Premises discharged of this Lease; If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the happening of such damage or destruction or if within the period of thirty (30) days referred to in Section 10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's restoration) complete the restoration of the Leased Premises. The certificate of the Architect shall bind the parties as to the (i) extent to which the Leased Premises are unfit for occupancy; (ii) time required to rebuild and/or repair or restore the Leased Premises; and (iii) due completion of repairs. 10.02 Total or Partial Destruction of City Market In the event that a substantial portion of the City Market shall be expropriated or damaged or destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the Terns of this Lease shall expire upon the third (3,d) 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 71 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" Page 15 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 TRANSFERS BY LESSEE 12.01 Transfer Defined "Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture (floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that terns 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: a) There is no default of the obligations of the Lessee under this Lease; b) 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; c) 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, d) 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 72 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" - Page 16 - 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 forniat 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 forniat proposed by the Lessee shall not contain any reference to the rental rate of the Leased Premises. ARTICLE XIII DEFAULT OF LESSEE 13.01 Right to Re -Enter When a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after 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 terns or terms (which may be for a terns extending beyond the Terns 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 ternunate 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 Terns hereof over the then reasonable rental value of the Leased Premises for the remainder of the Terns 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 73 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" Page 17 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. 13.04 Bankruptcy 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. 14.01 Overholding ARTICLE XIV MISCELLANEOUS 74 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" - Page 19 - If the Lessee remains in possession of the Leased Premises after the end of the Terns and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Terns 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: a) one and one half (1 ��/2) times the Gross Rent payable during the last month of the Terns; and b) one -twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately preceding the last Lease Year of the Terns; and otherwise upon the same terms and conditions as are set forth in this Lease, except as to duration of Terns, and any right of renewal mutatis mutandis. 14.02 Successors 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 terns, covenant or condition herein contained shall not be deemed to be a waiver of such terns, covenant or condition or of any subsequent breach of the same or of any other terns, 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 terns, 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, terns 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 venture 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 75 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" - Page 19 - 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 47 Charlotte Street, Saint John, N.B., E2L 2118. Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or transmitted or on the third day that there is postal delivery following the day on which such notice is mailed, as the case may be. Either party may at any time give notice in writing to the other of any change of address of the party given such notice and from and after the giving of such notice the address therein specified shall be deemed to include any request, statement or other writing in this Lease provided or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there is more than one party named as Lessee, notice to one shall be deemed sufficient as notice to all. 14.09 Place for Payment of Rent The Lessee shall pay the Rent. Including all Additional Rent, at the office of the Lessor specified in Section 14.08 or as such place or places as the Lessor may designate from time to time by notice in writing: currently to the Cashier's Office, City Hall, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 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 terns, 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 terns, 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 terns, 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 areservation 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 76 Lease for Stall Space— City Market A Whale of a Cafe. doing business as The Wild Carrot Cafe Schedule "C" Page 20 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. 77 PROVINCE O. NEW BRUNSWI(,X COUNTY OF SAINT JOHN 1, SEUNGI IUI LIM, of the Town of" Quisparnsis, in the County of Kings, and Province of New Brunswick, MAKE OATH AND SAY: I. That I am the Secretary Treasurer of A Whale of Caf6 Inc. (the "Corporation"), the Lessee named in the foregoing instrument and am duly authorized to make this affidavit; 2, That the Corporation does not have a corporate seat, 7. That the signature "SEUNGFIUI LIM" Subscribed to in the within instrument is the signature of me, the said , and was thereto subscribed by order of the Board of,' Directors of the Corporation to and 'for the uses and purposes therein expressed and contained. 4. That SeunghUi Lim is the duty authorized officer of the Corporation to execute the within instrument, SWORNTO before me at. the City of Saint John, in the County of Saint John and Province of New Brunswick, this 21 " day of September, 2020. Fernandez Coniniissioner of Oaths Being a Solicitor Seunghui 1., �m N-11 COUNCIL REPORT M&C No. 2020-224 Report Date September 08, 2020 Meeting Date September 28, 2020 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Proposed Public Hearing Date — 215 Somerset Street OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kenneth Melanson Phil Ouellette Jacqueline Hamilton John Collin RECOMMENDATION That Common Council: 1. Schedule the public hearing for the Zoning By-law amendment for the Maria Jimenez (215 Somerset Street) for Monday November 9, 2020 at 6:30 p.m. to occur in Council Chambers with a remote participation option, and 2. Refer these applications to the Planning Advisory Committee for a report and recommendation. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the rezoning applications received and to recommend an appropriate public hearing date. The next available date is Monday, November 9, 2020. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 [now referred as section 59] resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. 0611 -2- REPORT In response to the motion above, this report indicates the applications received and recommends an appropriate public hearing date. Monday, November 9, 2020 is proposed. The following applications were received: Name of Applicant Location Existing Proposed Reason Zone Zone Maria Jimenez Rezoning Two -Unit General To enable a Residential Commercial medical clinic and (R2) (CG) retail store in an existing dwelling. STRATEGIC ALIGNMENT While the holding of public hearings is a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development process, which provides transparency and predictability to the development community and City residents. The development approvals process helps fulfill Council's priorities by: • ensuring Saint John has a competitive business environment for investment; • supporting business retention and attraction; and • driving development in accordance with PlanSJ which creates the density required for efficient infrastructure, services and economic growth. SERVICE AND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Not Applicable ATTACHMENTS None E:191 COUNCIL REPORT M&C No. 2020-230 Report Date September 20, 2019 Meeting Date September 28, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Termination of video agreement with CGI communications OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Sarah Ranson Stephanie Rackley-Roach John Collin RECOMMENDATION The City Manager recommends that the Mayor and Common Clerk be authorized to terminate the agreement with CGI and authorizes the Common Clerk to send written notice to CGI. EXECUTIVE SUMMARY With the upcoming re -design of saintjohn.ca there will no longer be a need for the Community Video Showcase videos that are on the current website. The service provider requires notification. This report recommends the termination and notification of the agreement. PREVIOUS RESOLUTION At the Common Council meeting of November 8, 2009: 11.0 Resolved that Council approve the engagement of CGI Communications Inc. to provide a fully produced, no cost, Community Video Showcase to be placed on the City's web site, and further, that the Mayor and Common Clerk be authorized to execute any necessary related documentation. REPORT On November 8, 2009, Common Council passed a motion to enter into an agreement with CGI Communcations to produce a Community Video Showcase to be displayed on the City's website. With the upcoming re -design of E:1iI -2- saintjohn.ca, and with advances in video technology, there will no longer be a need for these videos. The videography and photography have all been updated for the new website. STRATEGIC ALIGNMENT The recommendation supports valued service delivery. The new website design uses current and professional video and photos to showcase the City of Saint John's cultural, industrial and greenspaces assets as well as municipal services. SERVICE AND FINANCIAL OUTCOMES There are no financial impacts to terminate this agreement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Common Clerk is aware of the Council resolution and requirement to notify CGI Communications. ATTACHMENTS None E-1YA COUNCIL REPORT M&C No. 2020-237 Report Date September 21, 2020 Meeting Date September 28, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Real Property Attribute Information Distribution Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Yves Leger Stephanie Rackley-Roach John Collin RECOMMENDATION RESOLVED That the City enter into a Civic Address / Parcel Location Update Agreement with Service New Brunswick for the right to use property attribute information as described therein in the form attached to M&C No. 2020-237; and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval to enter into an agreement with Service New Brunswick in order to keep receiving monthly property information updates until August 31, 2022. PREVIOUS RESOLUTION None. REPORT The City and Service New Brunswick had a data exchange agreement in place in which the City provided SNB with civic addressing data in return for monthly property information updates. This agreement had been in place for a number of years and although it had expired a few years ago, the data exchange continued until January of this year. At that time, Service New Brunswick initiated discussions to put a new agreement in place. E:ic3 -2- While a new long-term agreement had yet to be finalized, because property information is crucial to many City operations, Staff requested that monthly property information updates continue in the interim. As such, SNB had proposed an interim agreement providing updates until the end of May, which Council approved April 20, 2020. Because the finalized agreement was still not ready, a second interim agreement, prepared by Service New Brunswick, provided the City with updated property information until August 31, 2020. A long-term agreement has now been finalized, which will provide property information to the City until August 31, 2022. STRATEGIC ALIGNMENT Given up-to-date property information is crucial for many City operations, signing this agreement aligns with Council's Priority for Growth & Prosperity and Valued Service Delivery. SERVICE AND FINANCIAL OUTCOMES There is no cost associated with signing this agreement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Legal Department has reviewed the agreement, which appears to be a standard form used by Service New Brunswick, and have no concerns. ATTACHMENTS Civic Address / Parcel Location Update Agreement E:i! CIVIC ADDRESS / PARCEL LOCATION UPDATE AGREEMENT THIS AGREEMENT dated this day of , 2020. BETWEEN: SERVICE NEW BRUNSWICK, a Crown corporation of the Province of New Brunswick (hereafter referred to as "SNB") - and - CITY OF SAINT JOHN, a body corporate, (hereinafter referred to as the "Local Government") AS the Local Government is a local government as defined in the Local Governance Act (S. N. B. 2017, c.18); and AS local governments are required to assign civic addresses to residents and business located within their jurisdiction; and AS SNB owns and maintains the digital cadastre known as PLANET including all information contained and presented therein; and AS the Local Government and SNB recognise that maintaining an updated record of civic addresses within the digital cadastre known as PLANET is mutually beneficial; NOW THEREFORE in consideration of the covenants and conditions contained herein, the parties agree as follow: 1. DEFINITIONS In this Agreement or in any amendments hereto, the following terms shall have the following meanings: "Agreement" means this Agreement including the Schedules and any amendment hereto in writing signed by all the parties hereto; Page 1 of 13 85 "Comma -separated values" means a delimited text file which uses a comma to separate tabular data fields across each record or row within the file; "Data" means real property attribute information for active and inactive parcels maintained by the Land Registry Unit of Service New Brunswick in digital form; "Deliverables" means the Data and associated Digital Property Mapping for all parcels within the geographic extents defined herein; "Digital Property Mapping" means the approximate graphical representation of active parcels maintained by the Land Registry Unit of Service New Brunswick; "Geographic Civic Address Database" or "GCADB" means an interface for local governments to electronically maintain civic addresses assigned to ad hoc parcels of land within PLANET, including the position information associated with the civic address; "PLANET" means the electronic cadastre maintained by SNB and available to the public for a fee; "Property Assessment Information" means information for property assessment accounts maintained by the Property Assessment Services Unit of Service New Brunswick in digital form; "Shapefile" means a simple, nontopological data format for storing geometric location and attribute information of geometric features for use in a geographic information system (GIS). 2. USE OF DELIVERABLES 2.1 The Local Government intends to use the Deliverables internally to support building permit applications, municipal planning, by-law enforcement, municipal services billing, fire prevention, and police investigations. 3. GEOGRAPHIC EXTENT 3.1 The Deliverables provided to the Local Government apply only for those parcels of land located within the following geographic extents: (a) County of Kings; and (b) County of Saint John Page 2 of 13 86 4. LOCAL GOVERNMENT OBLIGATIONS 4.1 The Local Government will assign civic addresses to subdivision plans prior to registration and ensure those civic addresses are shown on subdivision plans prior to issuing development officer certification. 4.2 The Local Government will maintain and keep current civic addresses assigned to parcels of land within their jurisdiction using the GCADB module included with their PLANET Client Account, certifying this information by doing so. 4.3 The Local Government will maintain and keep current the geographic coordinates (northing and easting) associated with civic addresses within the GCADB module, including detail as to point class (e.g.: driveway, building, PID_Xref, etc.). The parcel reference point will be used by default. 5. SNB OBLIGATIONS 5.1 SNB will create civic addresses within PLANET for new lots created by subdivision plans where those civic addresses are shown on the subdivision plan submitted for registration. 5.2 SNB will provide the Local Government with one PLANET Client Account, free of charge. The Client Account number is 64015. 5.3 SNB will assign the "Civic Address Custodian" role to the PLANET Client Account referred to above. This role will allow the Local Government to maintain civic addresses within the GCADB module as provided in Article 4. 5.4 In exchange for civic address maintenance as defined in Article 4, SNB agrees to provide to the Local Government the Deliverables as set out in Schedule "A" attached hereto, applicable only to the geographic extents as provided in Article 3. 5.5 Deliverables will be transmitted to the Local Government once monthly by secure (internal) client email. 5.6 If the Deliverables are unavailable for any reason, SNB will use all reasonable efforts to remedy the delay as quickly as possible. However, SNB shall not be liable to the Local Government for any delay or failure to transmit the Deliverables, regardless of cause. Page 3 of 13 87 5.7 For the month of September 2020 only, SNB agrees to include in the Deliverables the Property Assessment Information for property assessment accounts within the geographic extents. 6. OWNERSHIP AND LIMITATIONS 6.1 SNB will retain sole ownership rights to the Deliverables. 6.2 The Local Government shall have an unlimited, but not exclusive, right to use the Deliverables and in the case of a corporation, this right shall not extend to affiliates of the Local Government as defined in the Business Corporations Act (S. N. B. 1981, c. B-9.1). 6.3 The Local Government shall have an unlimited, but not exclusive, right to create value-added products from the Deliverables. 6.4 The Local Government may not give, loan, lease, sell or otherwise make the Deliverables available to any other party in its original form or as part of a value-added product without negotiating a licensing agreement with SNB. 6.5 The Local Government shall not use the Deliverables for purposes other than those stated in Article 2 without first having obtained the written approval of SNB. 6.6 The Local Government shall immediately notify SNB of any unauthorized use or unauthorized disclosure of the Deliverables or any portion thereof by the Local Government, its employees, associates, servants, agents or any third party. 6.7 The provisions of this article shall continue to bind the Local Government notwithstanding the expiration or termination of this Agreement. 7. ASSIGNMENT 7.1 The rights and liabilities of this Agreement are not assignable by the parties without the prior written consent of the other. 7.2 If the Local Government undergoes a change in organization, this agreement shall be come null and void. Page 4 of 13 88 8. LIABILITY AND INDEMNITY 8.1 While the Deliverables may not be free from error or omission, care has been taken to ensure the best possible quality. The Deliverables provided to the Local Government under this Agreement are provided "as is" without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including but not limited to, warranties as to accuracy, completeness, currency, reliability, timeliness, legality, suitability, security, quality, title, or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade. 8.2 The use of the Deliverables is at the risk of the Local Government and SNB assumes no liability or responsibility pertaining to the content, the Local Government's use of the Deliverables, or the receipt, storage, transmission, or other use thereof. 8.3 The Local Government acknowledges that the Digital Property Mapping is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a land survey and is not intended to be used for legal purposes, including descriptions, or to calculate exact dimensions or parcel areas. 8.4 The Local Government shall indemnify, hold harmless and defend SNB from and against all claims, losses, damages, expenses, actions and other proceedings made, sustained, brought, prosecuted, threatened to be brought or prosecuted in any manner, based upon, occasioned by, attributable to, or arising from the use of the Deliverables or from errors, deficiencies or faults therein, whether such damage is caused by negligence or otherwise. 9. TERM 9.1 The parties agree that this Agreement shall commence on September 14, 2020 and expires on August 31, 2022 unless terminated earlier in accordance with Article 10 of this Agreement. 9.2 The Agreement may be renewed for one or more additional terms. 10. TERMINATION 10.1 The parties may terminate this Agreement at any time provided the decision to terminate is mutually consented to in writing. Page 5of13 89 10.2 If either party is in breach of any of its obligations under this Agreement, the other party may give notice in writing of the breach to the defaulting party and request the latter to remedy it. If the party in breach fails to remedy the breach within twenty (20) days after the date of delivery of such written notice, then this Agreement may be terminated immediately by further written notice of termination given by the complaining party. 10.3 SNB may terminate this agreement by written notice to take effect immediately upon receipt of it by the Local Government if: (a) the Local Government is in breach of Articles 4 or 6 of this Agreement; or (c) the Local Government attempts to assign or cede any interest in this agreement without the prior written consent of SNB. 11. NOTICES Wherever in this Agreement notice is required or permitted to be given or served by either party to or on the other, the notice shall be in writing and shall be delivered personally to the authorized designate or sent by prepaid, registered mail, or by email, and each such notice shall be deemed given on the date of delivery namely three (3) days after mailing in the case of mail and two (2) hours after sending in the case of email transmission sent during normal business hours. No notice may be given by mail during a real or apprehended mail strike in Canada. The specified addresses may be changed from time to time by either party by notice as above provided. To the Local Government To SNB Client Account Number: 64015 Authorized designate of SNB Yves Leger Joseph Chessie PO Box 1971 Lincoln Place Saint John, NB P.O. Box 1998 E2L 41_1 Fredericton, NB E3B 5G4 eves. leger(a)saintiohn. ca joe .chessie snb.ca Page 6 of 13 90 12. GENERAL CONDITIONS 12.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements, arrangements, or understandings between the Parties hereto whether written or oral, in connection with or incidental to the real property attribution information and digital property mapping. 12.2 Governing law. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the laws of Canada in force therein. 12.3 Interpretation. It is hereby agreed that where the context requires, words in the singular include the plural, and words in the plural include the singular and words imparting the masculine gender include the feminine and neuter genders. 12.4 Invalidity of provision. The invalidity or unenforceability of any provision of this Agreement or any covenant in it shall not affect the validity or enforceability of any other provision or covenant in it and the invalid provision or covenant shall be deemed to be severable. 12.5 Force Majeure means a delay in the performance of Obligations occurring without the fault or negligence of either party, which delay both parties could not have reasonably foreseen, caused by events beyond the control of either party. In the event of a "Force Majeure", the time for fulfilling the obligations which have been delayed shall be extended by a period equal to the delay so caused. SNB may terminate this Agreement if the event of Force Majeure exceeds a period of 60 days. 12.6 Amendment. No modification of this Agreement is valid unless set out in writing by the parties. 12.7 Language. The parties have required that this Agreement and all documents relating thereto be drawn -up in English. Les parties ont demande que cette convention ainsi que tous les documents qui s'y rattachent soient rediges en Anglais. 12.8 Time of the Essence. Time shall be of the essence of this Agreement. Page 7 of 13 91 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date written below. SERVICE NEW BRUNSWICK. Joseph Chessie Manager, Land Registry Date CITY OF SAINT JOHN Don Darling Mayor Date Jonathan Taylor Common Clerk Date Page 8 of 13 92 SCHEDULE "A" DELIVERABLES 1. Standard Deliverables 1.1 The Deliverables referred to in the Agreement consist of: (a) real property attribute information (Data) for active and inactive parcels maintained by the Land Registry Unit of SNB as a set of nineteen (19) distinct files in comma separated value (.csv) format; and (b) a shapefile (.shp) of active parcels within the geographic extents derived from Digital Property Mapping maintained by the Land Registry Unit of SNB. 1.2 The Data will include the following one -hundred -and -five (105) real property attributes: Attribute Com uter Name Attribute Description ACTIVE DATETIME The date the PID for this parcel was activated. ADDRESS 1 Indicates the first line of the mailing address. ADDRESS 2 Indicates the second line of the mailing address. ADDRESS 3 Indicates the third line of the mailing address. ADDRESS 4 Indicates the fourth line of the mailing address. ADMIN_COUNTY The county responsible for the graphics and attributes related to a PID and the county from whose range of PIDs the PID is created. AREA This field contains a value which indicates the area of the parcel insquare metres. AREA —SOURCE The field contains a 2-digit numeric field which describes the source of the data contained within the Area/Volume field. BOOK This field contains the Registry Office Volume (Book) Identifier within which the registered instrument was stored. CIVIC —NUM A civic number assigned to a land parcel as part of a civic address. CIVIC_NUM_SUFF A civic number extension used with a civic number assigned to a parcel to uniquely identify a civic location (e.g. A). CLASS This field contains a code that describes the type of action taken against a property (e.g. a new PID created by a subdivision plan). COMMENTS Comment field used to capture additional relevant information. Page 9 of 13 93 COUNTRY —CD This field contains a code which describes the country in which an interest holder resides. COUNTY —CD This field contains a unique 2-digit County Code indicating a County within New Brunswick in which the land parcel is located. CTY CD Duplicate field — this is the same as COUNTY CD. DESIGNATION This field contains information describing any special designations of interest holders (e.g. Jr, Sr, Dr). DISCHARGE —FLAG This field contains a code that indicates whether the registered document has been discharged. DOC_PROBLEM_CD Document Problem Code is the field which contains a code which describes any problems associated with the registration of this document. ENTERPRISE —NAME This field contains information identifying interest holders that are enterprises rather than individuals. ENTERPRISE —SUB —TYPE This field contains a code that describes the type of enterprise that has an ownership interest in the property. FAX—IMAGE—TRK—NUM This field contains the unique identifier number assigned to the faxed image of the PLANET document. FILING —REFERENCE This field contains information to identify where instruments have been filed (e.g. filing cabinet drawer, bin # . FIRST —NAME This field contains the first name of interest holders when that interest holder is an individual. HARMONIZATION —STATUS Indicates whether or not the information for a PID has been harmonized or verified against the information for the PAN in the Property Assessment File. ID A unique record identifier that is used as the primary record index key within most PLANET data tables. INSTRUMENT_DATETIME The date and time associated with the creation or extension of the non -registered instrument INSTRUMENT NUM Unique number assigned to document being registered. INSTRUMENT—SUFF Field used to create a unique identifier in cases where INSTRUMENT NUM are duplicated. INTEREST —TYPE Code describing type of ownership acquired by individual or enterprise (e.g. lease, owner, estate). LAND —RELATED —CD A code that indicates whether a PID is representing a parcel of land or some other transferable entity such as a condominium unit, a water lot, etc. LAND—TITLES—DATETIME This field contains information describing when the parcel was converted from the registry system to land titles. LAND —TITLES —STATUS A code indicating the status of a parcel with respect to the Land Titles Registry (e.g. Not land titles, Pending land titles, Land titles). LANG—OF—INSTRUMENT The language, English, French, or both, in which an instrument was received. LAST —NAME This field contains the last name of an interest holder when that interest holder is an individual. LAST—UPDATE—DATETIME This field contains the date and time when the parcel information was last updated. LOCATION This field contains information describing where the registered Ian is located. LOT VALUE 1 Duplicate field — this is the same as LOT VALUE1. LOT VALUE 2 Duplicate field — this is the same as LOT VALUE2. Page 10 of 13 0L! LOT—VALUE1 This is the numeric or alpha identifier for the parcel created on a plan and is used on combination with "Lot Code 1" to identify the lot. LOT—VALUE2 This is the numeric or alpha identifier for the area or sub -unit on a plan and is used in combination with "Lot Code 2" to identify the lot. MANAGEMENT —UNIT Field identifies the management unit file for the digital property map database which wholly contains the parcel. MANNER —OF —TENURE —CD The type of title held by owners of a parcel, as conveyed to them as Grantees in transfer, or deed (e.g. joint tenants, tenants in common). MIDDLE —NAME This field contains the middle name of interest holders when that interest holder is an individual. NAME The name of an individual or enterprise possessing title for the subject piece of property on a plan (e.g. ABC Company Ltd. NEIGHBOURHOOD This field contains a code for the assessment neighborhood within a Tax Authority (District). A neighbourhood is a geographic area of assessment administration forming part of a Taxing Authority which is characterized by a homogeneity of property type or age, is logically demarcated by streets or natural boundaries, or contains some other administrative or distinguishing characteristics separating it from adjoining nei hbourhoods. NR—INSTRUMENT—NUM Unique number assigned to document being registered (non - re istered instrument). NR—INSTRUMENT—SUFF Field used to create a unique identifier in cases where NR INSTRUMENT NUM are duplicated ORIENTATION CD Identifies the north point reference and format of a plan. PAGE The page number of an instrument as it is stored in the books at a Regist Office. PAN This is the unique identifier in the assessment database for a property account that may be comprised of one or more parcels. PAN —CODE —ID Denotes either the type of account in PATS or that a parcel is exempted from PATS for some reason (e.g. public roadway). PAR —CD This field contains a 2-digit Parish Code indicating the parish within a county in which the parcel is located. PARCEL LOCATION The "physical" location of a parcel of property. PI—OITC—CD Old LORIS system instrument type code. A parcel indexing code from a legacy system. PI PAR PID Duplicate field — this is the same as PID. PI PAR PID PAR1 Listed of related PIDs. PID Parcel Identifier, an 8-digit number that uniquely identifies each parcel within the Province of New Brunswick. PID—DESCRIPTOR—FLAG Flag is set to Yes to identify the plan which forms the legal description of the parcel. PLAN —NAME The name assigned to a plan filed at a Registry Office (e.g. ABC Company Ltd. Subdivision). PLAN —NUM This field contains a unique number assigned to a plan stored at a Regist Office. PLAN—PROB—CD This field indicates the type of problem identified (if any) when the plan was registered. PLAN—SUFF Alpha extension to the plan number to define uniqueness or filing conventions for the plan. Page 11 of 13 OR PLC1_CD This is the text description for the type of parcel created (e.g. lot, parcel or unit). PLC2_CD This field is text description of the area or sub -unit of the plan which the parcel is contained in (e.g. tier, block, level, tract). PLN_CD Code identifying city, town, village or other place name in which the parcel is located. PNITC_CD Non -registered instrument type code. Document or plan received from a government department, or an individual or enterprise, that has not been registered in the Registry Office, but affects parcel attributes or graphic file composition. Example: Order in Council. PNOC CD The code assigned to the office where the instrument is filed. PNRI_ID Pointer to non -registered instrument table. This field contains the key of the associated record within the NRI data table. POSTAL —CODE The postal code component of the mailing address for the first parcel interest holder. PROBLEM —CD This field contains a code which describes any problem associated with registration of instrument. PROV_CD A numeric code assigned to uniquely identify a province or territory of Canada. PTA_CD Tax Authority (TA) Code, indicates municipal or Local Service District boundaries. QUALIFIER This field contains qualifying information about interest type e. .intrust, estate). REGISTRATION_DATETIME This field contains information describing the date and time of registration of the document/plan. REGISTRATION —STATUS Registration status code indicates the status of registration process. REGISTRATION —SYSTEM Registration system code indicates whether an instrument is registered in the Registry system or the Land Titles system (e.g. registry or land titles). RETIRED_DATETIME This field contains information describing the date and time when a PID is retired. RI —ID Pointer to registered document table. This field contains the key of the associated record within the DOC data table. RI —ID —THE —SUBJECT —OF Registered document association. This field contains a pointer to an instrument that is associated with a new PLANET registered document. RI_IT_CD Instrument type code. A numeric code table value with associated text descriptions with respect to the purpose or function of documents or plans. RI_OITC_CD Old instrument type code (ROFS). Registry and land title codes from legacy indexing system which have been modified for conversion to PLANET. RI_OPI_ID Pointer to historical registered plan table. This field contains the key of the associated record within the HPLAN data table. RI_OPI_ID_THE_SUBJECT_OF Historical plan association. This field contains a pointer to an instrument that is associated with a historical plan. RI_OPTC_CD Old plan type code. Parcel index codes for PLANET from legacy system that have been converted to PLANET. RI_ORI_ID Pointer to historical registered document table. This field contains the key of the associated record within the HDOC data table. RI_ORI_ID_THE_SUBJECT_OF Historical document association. This field contains a pointer to an instrument that is associated with a historical document. Page 12 of 13 RI —PI —ID Pointer to registered plan table. This field contains the key of the associated record within the PLAN data table. RI —PI —ID —THE —SUBJECT —OF Registered plan association. This field contains a pointer to an instrument that is associated with a new PLANET registered Ian. RI_PTC_CD Plan type code. This field contains a code that identifies the category or purpose of a plan. RISC —CID Instrument association code. Code used to define the type of association between instruments. S ENTERPRISE NAME Sort field to facilitate searching on enterprise name. S FIRST NAME Sort field to facilitate searching on first name. S LAST NAME Sort field to facilitate searching on last name. S MIDDLE NAME Sort field to facilitate searching on middle name. S_NAME Sorted plan owner name. Sort field to facilitate searching on Ian owner name. S_PLAN_NAME Sorted plan name. Sort field to facilitate searching on plan name. S STREET NAME Sort field to facilitate searching on street name. ST TYPE CD A numeric code given to a street type. STATUS —CID The Parcel Status Code indicates the current status of the parcel. STREET_DIR_CD Used to describe street direction. Indicates an area of town or city, such as quadrant or section (e.g. South, North, North East). STREET —NAME The identifying name of the street, road, etc. on which the parcel is located. SURVEYOR —NAME The surveyor name for the plans related to instrument being viewed. TYPE —OF (relation) Identifies the type of relationship between related PIDs (e.g. parent, infant, located on, located at). VOLUME This field contains a volume measurement in cubic meters for a property. Page 13 of 13 MA COUNCIL REPORT M&C No. 2020-241 Report Date September 21, 2020 Meeting Date September 28, 2020 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Permit and Development Approvals Fees - Sustainability Item Referral Report and Setting of public hearings OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Amy Poffenroth Jacqueline Hamilton John Collin RECOMMENDATION Your City Manager recommends that Common Council: 1. refer the proposed amendments to the Building By-law, Zoning By-law and Subdivision By-law concerning fees to the Planning Advisory Committee for its meeting of October 20, 2020; 2. refer the proposed amendments to the Heritage Conservation Areas By- law concerning fees to the Heritage Development Board for its meeting of October 7, 2020; 3. set the public hearing date of November 16, 2020 to consider an amendment to the Zoning By-law concerning fees; and 4. set the public hearing date of November 16, 2020 to consider an amendment to the Heritage Conservation Areas By-law concerning fees. EXECUTIVE SUMMARY As part of Council's initiative "Sustainability to Address the Deficit", on May 4, 2020, Council decided to include fee adjustments and new fees to the permit and development approvals as part of the overall plan. As discussed with Council on December 2, 2019 and February 24, 2020, the revenue from these fee adjustments is estimated at $100,000. While the issue of fees will be dealt with in detail at a special meeting of Common Council on November 16, 2020, it is first necessary to refer the appropriate by-law amendments to the Planning Advisory Committee and the Heritage Development Board (as a matter of past practice) and to set the required public hearing dates. 01:3 -2- PREVIOUS RESOLUTION On May 4, 2020, the following resolution was passed: 1. Approve the implementation of the Sustainability Plan and all elements as presented to address the projected deficit of $10 Million through workforce adjustments (60%), revenue generation, service changes, and continuous improvement efforts in 2021 and 2022. 2. Direct the City Manager to return to Council as and when required for implementation plan approval, including any changes to bylaws, policies or Council guidance and direction. 3. Approve the implementation of Standby Sustainability Initiatives as prioritized to ensure the entirety of the deficit is addressed, inclusive of updated deficit figures, to balance the 2021 and 2022 general fund operating budget. On February 24, 2020, the following resolution was passed: RESOLVED that as recommended by the City Manager in the submitted report M&C 2020-59: Permit and Development Approvals, New Fees — Sustainability Item, Common Council endorse the proposed Permit and Development Approvals New Fees — Sustainability Item as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. On December 2, 2019, the following resolution was passed: RESOLVED that as recommended by the City Manager, Common Council endorse the proposed Permit and Development Approvals Fee Increases — Sustainability Item as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. REPORT As part of the Council initiative, "Sustainability to Address the Deficit", all development related fees were selected to be reviewed for proposed adjustments; this initiative was initially presented to Council in two phases; phase one included increases to current fees, and phase two focused on new fees. The total from both phases will generate an estimated $100,000 of revenue. On May 4t",Council approved the Sustainability plan, which incorporated the fees initiative and included: • Development fee adjustments which considered three key factors: o Consumer price index since the fees were last adjusted; o Cost of delivering the service; and 06%] -3- o Simplified fee structure and addressing fee irregularities for ease of application, fairness, and improved process. • New fees, which were focused on three main considerations: o Ease of implementation; o Moving towards cost -recovery; and o Common practice in other municipalities. This initiative impacts the following development by-laws: • Building By-law, • Zoning By-law, • Subdivision By-law, • Heritage Conservation Areas By-law, • Plumbing By-law, • Peddlar's and Hawker's By-law, • Water and Sewerage By-law, • Excavation of Streets By-law, and • Public Streets — Prevent Certain Nuisances By-law. There are a number of procedural steps required to have the by-laws amended; some by-laws require more steps than others. Development By-laws that are enacted pursuant to the Community Planning Act (Building, Zoning, Subdivision) are required to be referred to the Planning Advisory Committee (PAC) for consideration and written views of the proposed amendments. Additionally, a public hearing at Common Council is required in the case of an amendment to the Zoning By-law. While the Heritage Conservation Act does require a public hearing at Council for a proposed amendment to the Heritage By-law, it does not require a referral to the Heritage Development Board (HDB), although it is past practice for Council to seek the views of the HDB. All the other by-laws listed above only require two meetings of Council to approve by-law amendments. The purpose of this report is to: 1. referthe proposed amendments to the Building By-law, Zoning By-law and Subdivision By-law to the Planning Advisory Committee for its meeting of October 20, 2020; 2. refer the proposed amendments to the Heritage Conservation Areas By-law to the Heritage Development Board for its meeting of October 7, 2020; 3. set the public hearing date of November 16, 2020 to consider an amendment to the Zoning By-law; and `tell] -4- 4. set the public hearing date of November 16, 2020 to consider an amendment to the Heritage Conservation Areas By-law. By-law drafting of the fee amendments is being done in stages; the by-laws that have additional procedural steps (Building, Zoning, Subdivision, Heritage) have been the focus of staff as they need to be drafted earlier to be referred to the PAC and HDB. The intention is for all amendments to the development by-laws concerning fees to be considered at a special meeting of Common Council on November 16, 2020. Only two require a public hearing — the Zoning By-law and Heritage Conservation Areas By-law. If Council wishes, first and second readings for all the development by-laws would be passed at the November 16, 2020 meeting, with third and final readings of the by-laws at the next Council meeting. This would enable all fee adjustments to be put in place for January 1, 2021. More information with details of the fee adjustments and new fees will be provided in the November 16, 2020 council package. STRATEGIC ALIGNMENT The permit and development approvals fees initiative is part of the City's Sustainability plan, which supports Council's Priority to be Fiscally Responsible. SERVICE AND FINANCIAL OUTCOMES The permit and development approvals fees initiative will generate approximately $100,000 in revenue. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Report to Council December 2, 2019 — M&C 2019- 326 "Permit and Development Approvals Fees - Sustainability Item Referral Report and Setting of public hearings Report to Council February 24, 2020 — M&C 2020-59 "Permit and Development Approvals, New Fees — Sustainability Item" `to]I COUNCIL REPORT M&C No. 2019-326 Report Date November 26, 2019 Meeting Date December 02, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Permit and Development Approvals Fee Increases—Sustainability Item OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. Head City Manager Amy Poffenroth / Evelyn Hatfield Jacqueline Hamilton John Collin RECOMMENDATION The City Manager recommends that Common Council: Endorse the proposed Permit and Development Approvals Fee Increases — Sustainability Item as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. EXECUTIVE SUMMARY Growth and Community Development fees initiative associated with permit and development approvals will come in two phases; phase one, the focus of this report, will include adjustments to current fees and phase two will focus on new fees. The approach for fee adjustment considered three key factors: 1. Consumer price index since the fees were last adjusted; 2. Cost of delivering the service; and 3. Simplified fee structure and addressing fee irregularities for ease of application, fairness, and improved process. Given the legislated timeline for by-law amendments, it would take approximately three months to implement fee adjustments from the initial Council decision. RTairtl -2- This fee adjustment initiative is estimated to generate an additional $80,000 in revenue. Phase two (new fees), which will be considered in 2020, will generate additional revenue. PREVIOUS RESOLUTIONS On October 7, 2019, it was resolved by Council to receive and file M&C 2019- 249: 'Sustainability: Addressing the Deficit 2021-2022'. REPORT Growth and Community Development fees associated with permit and development approvals are under review as part of the City's sustainability initiative. This initiative will come in two phases; phase one will focus on adjustments to current fees and phase two will focus on new fees. This report focuses on phase one of the initiative — adjustment to current fees. A preliminary list of proposed fee adjustments is provided in the attached schedule "A". If this sustainability item is approved by Common Council to be implemented as a sustainability initiative, the fees will be further refined and finalized before being presented to Council for final approval. Preliminary fee adjustments are based on average volumes and values of projects over the past four years. The approach for fee adjustment considered three key factors (not all factors were applied to all fees): 1. Consumer price index since the fees were last adjusted; 2. Cost of delivering the service; and 3. Simplified fee structure and addressing fee irregularities for ease of application, fairness, and improved process. Consumer Price Index Adjustments This initiative, if approved, will be the first time all development permits and approvals are adjusted at the same time. There is great variation in the length of time that fees have been adjusted. Fees for some typical development permits and approvals, such as building permits and rezoning applications were last adjusted in 2012; variances were last adjusted in 2016; street excavation permits in 2010. Others have not been adjusted for quite some time, such as pit and quarry permits and flood risk area development permits which were last adjusted 13 and 20 years ago, respectively. A consumer price index (CPI) of 1.5% per year was used for any fees adjusted for CPI. In most cases the full CPI was applied (with some allowance for rounding) and in other cases, a rate less than CPI was used, particularly in cases where RTat, I -3- costing above our comparators was a concern (i.e. variable portion of a building permit fee, rezoning/municipal plan amendment applications). Given costs are increasing annually; Council may want to consider implementing a multi -year schedule of fee adjustments to keep up with CPI. If Council wishes to consider this, the fee schedule would be modified to include annual CPI increases for a certain period of time (i.e. 5 years) for Council's consideration. Cost of service delivery Some fees were adjusted to move closer to the cost of delivering the service, such as basic development permits; these were adjusted to include a minimal cost for conducting a site inspection, which is not being covered with the current fee structure. In many cases, cost recovery is not being achieved; for instance, Planning application fees do not reflect cost of service delivery and are subsidized in large part by the City in an effort for the City to remain competitive. Simplified Fee Structure/Fee irregularities A number of fee structures were simplified to address irregularities and enhance fairness, ease of application and processes. Planning variances, for instance, were reduced from three tiers of fees to two, depending on whether a variance is to be considered by the Planning Advisory Committee or by the Development Officer only. Street occupancy permit fees were modified to address an irregularity and fairness issue by including a variable rate depending on how long the street would be occupied. For instance, a permit for a dumpster on the sidewalk for one week is currently the same fee for a dumpster on the sidewalk for four months. The sidewalk cafe fee structure has also been simplified for ease of application (for clients and staff), enhanced fairness and process to level the playing field for business owners. Comparators Staff has undertaken a preliminary fee review of the most common permit and development approvals from Rothesay, Quispamsis, Fredericton, Moncton, Dieppe and Halifax, shown on the attached schedule "B". Fee structures vary between municipalities and at times can be difficult to compare. Before proceeding with this sustainability initiative, further refinement and analyses needs to be completed for ease of comparison between the municipalities. With the preliminary information it appears that Saint John's fees tend to align more with Moncton and Dieppe than some of our closer neighbours, particularly in the area of planning applications. In terms of building permit fees, Saint John is the highest and will continue to be higher than the other municipalities; however, Saint John's One Stop Development Shop provides a high level of customer service and support. The One Stop Development Shop is the only one of its kind in New Brunswick, offering an integrated and coordinated customer RITal_I1 -4- service experience with all development service areas (planning / building / infrastructure / heritage) in one shop, featuring a modernized suite of development by-laws that streamlines approvals and removes barriers for investment. Implementation Permit and development fees reside in a number of development by-laws, i.e. Building By-law, Zoning By-law, Subdivision By-law and policy documents (Sidewalk Cafe Policy). By-law amendments and Council approval will be required to adopt the new fees; in some cases, public hearings at the Planning Advisory Committee (PAC) and Common Council are required. If Council chose to move forward with the suite of fee adjustments, Growth and Community Development Services would coordinate the various processes to have the fee adjustments considered at the same PAC and Council meetings, where possible. Given the legislated timeline for by-law amendments, it would take approximately three months to implement fee adjustments from the initial Council decision. STRATEGIC ALIGNMENT The potential revenue realized by Permit and Development Approvals Fee Increases — Sustainability Item supports Council's Priority to be Fiscally Responsible by contributing to the overall Sustainability effort. SERVICE AND FINANCIAL OUTCOMES All sustainability initiatives have been evaluated against criteria based on Council's Priorities and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant, Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria Evaluation Appendix). With respect to Growth and Prosperity, the impact of increasing permit and development approval fees is mainly one of perception of not encouraging growth and development in Saint John. While we are aligned with some other municipality's fees, we will be the highest in a few key areas, such as building permit fees. In terms of what the increases mean to actual projects, a few examples are provided. The average new home in Saint John is valued at $190,000; the current building permit fee is $1,725, versus the proposed new fee of $1,811 — an increase of $86. A $4 Million commercial building, requiring a rezoning application currently costs $36,610 for a building permit and rezoning application, versus $38,370 for both approvals — an increase of $1,760. These increases would not likely impact the decision to proceed with the projects. R1a1.1 -5- This initiative does not require any investment and is 100% feasible, as it is based solely on a decision of Mayor and Council and can be implemented in approximately three months. The only exception is with respect to plumbing fee increases, which requires the approval of the Minister of Public Safety and the Lieutenant -Governor in Council in addition to Mayor and Council. Approval at the provincial level for plumbing fees will take additional time. This fee increase initiative is estimated to generate an additional $80,000 in revenue. Phase two, which will be considered in 2020, will generate additional revenue. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Finance Team has reviewed projected revenue. ATTACHMENTS Schedule "A" — Preliminary Proposed Fees — Permits and Development Approvals Schedule "B" — Comparators — Preliminary Information Risl',1 Appendix: Initiative Criteria Evalutation io 0 ® 1 2 3 4 5 Financial "D"a rget Evaluation Notes on Permit and Development Approval Fees Increase: • Growth — Minor impact, it's a per application fee • Feasibility — Minor impact; by-law amendment/fee adjustments Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other options to address the deficit. Sustainability Initiatives Evaluated as of December 2, 2019 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards 3. Rightsizing Recreation Facilities - Rainbow Park Ice Surface 4. Rightsizing Recreation Facilities - Seaside Park Lawn Bowling 5. Playground Program 6. Fire Service Fee Recovery 7. Permit and Development Approval Fees Increases S. Community Grants & Incentives 9. Growth Reserve Fund 10. Non -Resident Differential Parking Fees 11. Monthly Parking Increase 12. Parking Ticket Increase 13. On -Street Parking Increase m m `u c m J D D_ a m x E o 0- o 0- X aj v w n Y o N O O O Q c-i O 00 a v w ra ra ra "' 0> a a a> lu n v »> c r4 c N CO CO CO D m m mv,mv wm m n m M M m U a U c Z c 6 N O w O O O O O 1h c-I Q 0 Q 7 M m c c c 0 0 0 0 01 a) Q Q Q O O O N lD > ; v v o O > m > N m > m n n m b O 0 O m v cl O m > > m n5 N Q O O > v ? 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Permit and Development Approvals, New Fees—Sustainability Item OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Authors Commissioner/Dept. Head City Manager Amy Poffenroth/Evelyn Hatfield Jacqueline Hamilton John Collin RECOMMENDATION The City Manager recommends that Common Council: Endorse the proposed Permit and Development Approvals New Fees — Sustainability Item as an option to be considered in addressing the entirety of the deficit in 2021 and 2022. EXECUTIVE SUMMARY The Growth and Community Development fees initiative associated with permit and development approvals is being presented in two phases; phase one was presented on December 2, 2019 and included adjustments to current fees. Phase two, the subject of this report, focuses on the opportunity for new fees. The new fees presented in this report for Council's consideration are grouped into four main categories: 1. Heritage Conservation Areas By-law Fees 2. Electrical Waiver Fee 3. Pre -Application Meeting Fee 4. Miscellaneous New Fees These categories of fees were selected based on the opportunity for revenue generation, ease of implementation, a move towards cost -recovery and common practice in other municipalities. This New Fees item is estimated to generate an additional $35,000 in revenue. -2- Given the legislated timeline for by-law amendments, it would take approximately three months to implement new fees from the initial Council decision. PREVIOUS RESOLUTIONS On October 7, 2019, it was resolved by Council to receive and file M&C 2019-249: 'Sustainability: Addressing the Deficit 2021-2022. REPORT Growth and Community Development fees associated with permit and development approvals are under review as part of the City's sustainability initiative. This item is being presented in two phases; phase one, presented on December 2, 2019, focused on adjustments to current fees and phase two, the subject of this report, will focus on new fees. If this sustainability item is approved by Common Council to be implemented as a sustainability initiative, the fees will be further refined and finalized before being presented to Council for final approval. The new fees presented in this report for Council's consideration are grouped into four main categories: 1. Heritage Conservation Areas By-law Fees 2. Electrical Waiver Fee 3. Pre -Application Meeting Fee 4. Miscellaneous New Fees These categories of fees were selected based on the opportunity for somewhat substantial revenue generation, ease of implementation, a move towards cost - recovery and common practice in other municipalities. Consideration of new fees, in some cases, is challenging to put in place due to their administrative and operational impacts (cost and resources to collect and process fees), by-law impacts and can be difficult to benchmark. Heritage Conservation Areas By-law Fees The Heritage Service area within Growth and Community Development Services provides program support and service to 11 conservation areas and 555 heritage - designated properties. The 2020 budget to provide the Heritage Conservation service is $194,000. Currently, there is only one fee associated with the Heritage By-law — demolition of a designated property. While the Heritage Officer and the Heritage Development Board (HDB) provides a high level of support and guidance to heritage property owners lookingto rehabilitate/restore/conserve their buildings, there currently is no fee for a heritage permit. The service area does not achieve any level of cost -recovery through the services it provides. 107 -3- A variety of fees could be charged for heritage permits, based on the level of staff and Board effort to analyse and assess the applications and for any additional costs incurred. For instance, the Heritage Officer reviews and issues a number of heritage permits for maintenance work without having to go to the HDB; this would be the lowest permit fee charged. The next level of fee would be for more complex applications that require HDB approval, including Tier 1 and 2 infill applications. A Tier 3 infill permit application requires the service area to pay for additional costs for advertising and a peer review; therefore, it would be the highest permit fee to ensure those additional costs are recovered. At a minimum, any applications that require "outside" costs should have a fee applied to cover those costs. The chart below provides some idea of the range of fees depending on the permit application type. If Council chooses to proceed with new fees in the Heritage By- law, further analysis by staff would refine the fees and determine the suggested fee in each of the permit types. It is estimated that the new fees would result in approximately $10,000 of new revenue. Heritage Permit Application Type Range of Possible Fees Heritage Officer (HO) Approval permit $75-$100 Heritage Officer and Heritage Development Board (HDB) Approval permit $150-$200 Infill —Type 1&2 (HO and HDB) $200-$300 Infill —Type 3 (HO and HDB) $3,000-$5,000 Designation Removal — Research* *Currently under legal review $1,000-$2,000 There has historically been little to no heritage permit fees, mostly due to the fact that heritage property owners are subject to by-law requirements that do not apply to any other property owners. The absence of fees reflects the view that Heritage buildings are considered a community asset, attracting citizens and visitors and contributing to the vibrancy, history and beauty of our City. Municipalities in our region do not typically charge heritage permit fees, including Moncton and Halifax, who in some cases, exempts or grants building permit fees for work to heritage properties. Charlottetown charges heritage permit fees only if work has been carried out before a permit is issued. Portland, Maine has a robust heritage program similar to Saint John and does charge a range of fees based on the complexity of the project, similar to what is being proposed here. One point to mention is that the addition of heritage permit fees could result in increased compliance issues as owners may choose not to get permits, potentially redirecting staff efforts to one of compliance instead of facilitation. Another consideration is how a fee structure would relate to the heritage grant program. Approximately 30 percent of all projects that are issued heritage u :V IKAE permits in a year are also provided with grant funding, while 50 percent of all eligible projects are provided grant funding. This number fluctuates depending on the grant budget in any given year. Understanding the future of the grant budget is in question, it seems counterintuitive to charge a permit fee then subsequently provide a grant for the same project. That being said, the service area provides a high level of technical review and applicant support, involving staff and the Heritage Development Board. The fee ranges suggested are relatively minimal and will result in a cost recovery of only five percent of the overall service cost. Recovering "outside" costs (i.e. peer review) associated with a few specific types of applications is strongly recommended. Electrical Waiver Fee The Community Planning Act requires that no electrical work can be undertaken without a building permit being issued. In some cases, building permits are not required for some minor electrical work. Electrical waivers are issued under the Building By-law when work to an electrical system is undertaken, but no building permit is required for that work. Most municipalities and Regional Service Commissions charge a fee to issue an electrical waiver; however, the City's Building By-law does not currently charge a fee for this service. Comparators are below: Municipality Fee for Electrical Waiver Fredericton $0 Hampton $30 Grand Bay $0 Moncton $30 Quispamsis $25 Rothesay $20 for estimate less than $2,400/ $7.25 per $1,000 estimate for all others Regional Service Commission #9 (SJ County) $25 The One Stop Development Shop currently issues, on average, 240 electrical waivers annually. A proposed fee of $30 per waiver would generate an average of $7,200 in revenue per year. Pre -Application Meeting Fees Since implementation of the One Stop Development Shop in 2016, pre - application meetings have been offered for free to developers of medium to large-scale and/or strategic developments. The purpose of the pre -application meeting, considered the first step in the development approval process, is to ii[11:7 -J- provide a developer with valuable feedback on their project, which will in turn save time once a formal application is made. There are, on average, 27 pre -application meetings per year. The service has received very positive reviews from participants and it helps to set projects up for success once permit applications are submitted. The meetings, including preparation and follow-up, are very resource — intensive and require review and analysis from a number of senior staff members due to the complexity of the files. Costs to provide the service vary; an average cost is in the range of $2,000-$6,000 per file, depending on the complexity of the project and the level of detail provided by the applicant. One option is to charge a fee for the pre -application meeting service. Another alternative, and one that some other municipalities have put in place, is an upfront fee for the service which is then deducted from the building permit fee once an application is made. In the past year, approximately half of the pre -application meetings held resulted in a building permit application. Staff is proposing a similar structure to others — an upfront fee with a reduction of the building permit fee if an application is made within a year from the meeting. If Council were to approve of this approach, further administrative, by-law and costing details would have to be worked out. For estimate purposes, if the fee was set at $1,000 and only 13 files proceeded to the formal application stage, the possible revenue would be $13,000 per year for this option. Miscellaneous new Fees There are a number of miscellaneous fees that are good options for new revenue, albeit present lower volumes than the fees discussed above. Some of the ideas further build consistency among the development by-laws, while others are intended to achieve cost -recovery. These fees need further review to determine the administrative, by-law, costing and operational requirements to present these fees for consideration. Some of these ideas are listed below: • Resubmission fees • Refund system • Renewal fees • Pre -application and liquor license • inspection fee requested by owner After-hours inspection fees Double fees if working without permits in place The early estimated revenue generated by these miscellaneous fees is $5,000 per year. Implementotion Permit and development fees reside in a number of development by-laws, i.e. Heritage Conservation Areas By-law, Building By-law, Zoning By-law, Subdivision By-law and policy documents. By-law amendments and Council approval will be required to adopt most of the new fees; in some cases, public hearings at the Planning Advisory Committee (PAC) and Common Council are required. If Council `E orm chose to move forward with the suite of fee adjustments, Growth and Community Development Services would coordinate the various processes to have the fee adjustments considered at the same PAC and Council meetings, if possible. Given the legislated timeline for by-law amendments, it would take approximately three months to implement fee adjustments from the initial Council decision. STRATEGIC ALIGNMENT The potential revenue realized by Permit and Development Approvals, New Fees — Sustainability Item supports Council's Priority to be Fiscally Responsible by contributing to the overall Sustainability effort. SERVICE AND FINANCIAL OUTCOMES All Sustainability initiatives have been evaluated against criteria based on Council's Priorities and ability to implement to address the deficit of 2021 and 2022. In addition to Feasibility, criteria include Growth & Prosperity; Vibrant, Safe City; Valued Service Delivery; and Fiscally Responsible (see Initiative Criteria Evaluation Appendix). With respect to Growth and Prosperity, the impact of some of the new fees discussed in this report is mainly one of perception of not encouraging growth and development in Saint John. Implementing Heritage Permit fees may negatively impact the perception of heritage property ownership and is not in line with other Maritime municipalities. This initiative does not require any investment and is 100% feasible, as it is based solely on a decision of Mayor and Council and can be implemented in approximately three months. The new fees initiative is estimated to generate an additional $35,000 in revenue. This is in addition to the $80,000 in additional revenue considered in Phase 1 — "Permit and Development Approvals Fee Increases" for a total additional revenue of $115,000. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Finance Team has reviewed projected revenue. ATTACHMENTS N/A 115 i! Appendix: Initiative Criteria Evaluation 1.00 90 x0 70 U 60 40 0 20 1.0 0 Relative Evaluation of Sustainability Initiatives based on Impact and Financial Target 0 1. 2 3 4 If:: ii in a n c ii a II Il a irget Evaluation Notes on Permit and Development Approvals New Fees: • Growth & Prosperity - Perception of not encouraging growth; heritage fees may not be in line with other municipalities • Valued Service Delivery- 100% feasible Note: Evaluated initiatives that fall within the yellow and green areas should be considered as options to address the 2021 and 2022 deficit. Initiatives that fall close to the red should only be considered if there are no other options to address the deficit. Sustainability Initiatives Evaluated as of February 24, 2020 (Not including Continuous Improvement Items) 1. Passport to Parks 2. Lifeguards (Not added to hopper) 3. Rightsizing Recreation Facilities - Rainbow Park Ice Surface 4. Rightsizing Recreation Facilities - Seaside Park Lawn Bowling S. Playground Program 6. Fire Service Fee Recovery 7. Permit and Development Approval Feeslncreases 8. Grants & Incentives 9. Growth Reserve Fund 10. Non -Resident Differential Parking Fees 11. Monthly Parking Increase 12. Parking Ticket Increases 13. On -Street Parking Increase 14. Recreation Subsidies 1S. Winter Street Maintenance 16. Economic Development Agency Funding 17. Arena Closure 18. Freeze CPI Adjustments for Inflation 19. Adelaide Street Facility 20. Fees for Emergency Response 21. Fire Light Vehicle Response - Medical Calls 22. Transit Redesign 23. Community Centres 24. Asphalt Overlay Program 2S. Contracted Services Reduction 26. Rightsizing Recreation Facilities - Horse Stables 27. Leverage Uptown Saint John 28. Permit and Development Approvals New Fees 29. Cost Recovery for City Services at Events 30. Public Works Casual Workforce 31. Parks & Recreation Casual Workforce The City of Saint John PROCLAMATION WHEREAS: Wrongful Conviction Day is designated as an annual International Day to recognize the tremendous personal, social and legal costs associated with wrongful criminal convictions. WHEREAS: This day recognizes those persons who have been forced to endure the tremendous consequences brought by a wrongful criminal conviction. WHEREAS: The purpose of this day is to inform and educate the broader international community on the causes, consequences and complications associated with wrongful criminal convictions. More information on the day can be found at: httpwrong ulcanvictionda .com. WHEREAS: It is important to raise awareness in order to work toward the prevention of further wrongful convictions, and to direct the public's attention to this issue and generate support and understanding. WHEREAS: Wrongful Conviction Day was spearheaded by the Wrongful Conviction Day Committee and now many organizations are leading events in its honor. The committee is committed to raising awareness of and advocacy against wrongful convictions globally. NOW THEREFORE: 1. Mayor Don Darling, of Saint John do hereby proclaim October 2, 2020 as Wrongful Conviction Day in the City of Saint John. In witness whereof I have set my hand and affrxed the official seal of the Mayor of the City of Saint John. August 19, 2020 The City of Saint John. His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Section 59 Amendment 30 King George Court On July 20, 2020, Common Council referred the above matter to the Planning Advisory Committee (Committee) for a report and recommendation. The Committee considered the attached report at its August 18, 2020 meeting. Staff planner Andrew Reid presented the report and recommendation. The applicant, Gordon Breau was present and noted the property owner's desire to complete the development this year and construct the tenant storage building in place of the previously proposed multiunit building. There were no members of the public in attendance or questions from the Committee. RECOMMENDATION: That Common Council amend the resolution adopted on March 29, 2010, pursuant to Section 59 of the Community Planning Act, imposed on the rezoning of a parcel of land having an area of approximately 0.57 hectares, located at 25- 35 Bentley Street (now known by the civic address 30 King George Court), also identified as PID Numbers 55218218, 55218259, and 55218200, by replacing part (a) with the following: (a) That the use and development of the subject property be limited to a two - storey office building with a maximum ground floor area of 250 square metres (3,770 square feet) containing an office use, 2-12 unit multiple residential buildings with a height of three stories each and one tenant storage building no taller than one storey. Respectfully submitted, Page 1 of 2 118 30 King George Court August 19, 2020 Ale eaver Crawford Chair Attachments 1 — Staff report dated August 14, 2020 Page 2 of 2 119 2020-09-17 Map 4 AerOl PI OWgiraphy ...... i Wel 2020-09-17 121 2 2020-09-17 9 10 Ma ) 2 FLITurt, Ulind Use (a) That the use and development of the subject property be limited to a two -storey office building with a maximum ground floor area of 2S0 square metres (3,770 square feet) containing an office use, 2-12 unit multiple residential buildings with a height of three stories each and one tenant storage building no taller than one storey. Map 3 � Z P�'oning �'," G""piz WAI 3 2020-09-17 Neighbours were notified on August 5th concerning the proposal and date of public hearing. Because of the provincial election, the public hearing date was rescheduled to September 29, and neighbours were re -notified on September 2nd. The application was publically advertised on the municipal website on September 3ra The PAC meeting was held on August 18th. There were no members of the public in attendance. The Committee voted unanimously in support of the staff recommendation. The PAC voted unanimously: Pursuant to the provisions of Section 59 of the Community Planning Act, amend and impose the proposed conditions contained on Page 2 of the Staff report with this rezoning. 13 14 5n�.n � Dui+rva s i o�.nw Pursuant to the provisions of Section 59 of the Community Planning Act, amend and impose the proposed conditions contained on Page 2 of the Staff report with this rezoning. 123 4 The City of a inn John Date: August 14, 2020 To: Planning Advisory Committee From: Growth and Community Planning Growth and Community Development Services Meeting: August 18, 2020 SUBJECT Applicant: Gordon Breau Landowner: Boyle Real Estate Development Inc. Location: 30 King George Court PID: 55218218 Plan Designation; Existing Zoning: Application Type: Jurisdiction: Stable Commercial General Commercial (CG) Section 59 Amendment Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 59 conditions of the subject property. Council will consider the Committee recommendation at a public hearing on Monday, September 14, 2020. EXECUTIVE SUMMARY The application is to amend existing Section 59 conditions to permit a tenant storage building in place of a previously planned 4-unit multiple dwelling at 30 King George Court. The storage building would contain 10 storage rooms for indoor storage only. The building is located in the Page 1 of 5 124 Gordon Breau 30 King George Court August 14, 2020 rear parking lot of the property and is intended to provide storage for the recently constructed 12 unit multi residential building on the same property. Staff are supportive of the amendment given it is a minor amendment and meets the intent of the Municipal Plan and requirements of the Zoning By-law. RECOMMENDATION That Common Council amend the resolution adopted on March 29, 2010, pursuant to Section 59 of the Community Planning Act, imposed on the rezoning of a parcel of land having an area of approximately 0.57 hectares, located at 25-35 Bentley Street (now known by the civic address 30 King George Court), also identified as PID Numbers 55218218, 55218259, and 55218200, by replacing part (a) with the following: (a) That the use and development of the subject property be limited to a two -storey office building with a maximum ground floor area of 250 square metres (3,770 square feet) containing an office use, 2-12 unit multiple residential buildings with a height of three stories each and one tenant storage building no taller than one storey. DECISION HISTORY On July 16, 2012, Common Council gave assent to necessary public utility easements for the King George Court Subdivision. On March 29, 2010, Common Council amended Section 39 conditions imposed on land located at 25-35 Bentley Street, also identified as PID Number 00369090 as follows: RESOLVED that Common Council amend the Section 39 conditions imposed on the March 10, 2003 rezoning of the property located at 25-35 Bentley Street also identified as PID number 00369090 to read as follows: (a) That the use and development of the subject property be limited to a two -storey office building with a maximum ground floor area of 350 square metres (3,770 square feet) containing an office use, 2-12 unit multiple unit residential buildings with a height of three stories each and 1-4 unit multiple unit residential building with a height of two stories; (b) That development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, structures, parking areas, vehicular maneuvering areas, driveways, loading areas, signs, exterior lighting, and other site features, and that this approved plan be attached to the required building permit for the development; (c) That landscaping of the site be in accordance with a detailed landscaping plan, prepared by the developer and subject to the approval of the Development Officer, detailing the proposed site landscaping and that this approved plan be attached to the required building permit for the development; Page 2 of 5 125 Gordon Breau 30 King George Court August 14, 2020 (d) That the exterior design and materials of the proposed building facades adjacent to Bentley Street and the eastern boundary of the site be subject to the approval of the Development Officer in order to ensure compatibility with the adjacent residential properties, and that the approved elevation plan(s) also be attached to the required building permit for the development; The exterior design of these building facades must incorporate the following elements: window projections on two bays of the office building on the Bentley Street facade that will extend between 24 and 30 inches from the main wall of the building, fascia boards having a width of 8 inches and corner boards having a width of 6 inches. On the facades of the two apartment buildings along the eastern boundary of the site, the Bentley Street facade of the office building and the facade of the office building immediately adjacent to the site driveway containing the side entrance the following elements are to be provided subject to the approval of the Development Officer: window trim on all windows, porticos over the entry doors and columns on each side of the entry doors; (e) That the developer pave all access, maneuvering and parking areas with asphalt and that paved areas be enclosed with continuous cast -in-place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; (f) That all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas be landscaped by the developer in accordance with the requirements of the Zoning By -Law. The landscaping must extend onto the City street right-of-way to the edge of the sidewalk; (g) That the developer provide a detailed stormwater and site drainage plan and report, subject to the approval of the Chief City Engineer or his designate, how storm water collection and disposal will be handled; (h) That the developer provide detailed site servicing, and engineering drawings, prepared by an engineering consultant, to the City for review and approval by the Chief City Engineer or his designate; (i) That the developer complete an engineering water and sewer analysis to determine the impact this development will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. This analysis must include verification of sewer capacity and fire flow requirements by the developer's engineering consultant and include expected average and peak water consumption flows for the development. This analysis will be subject to the review and approval by the Chief City Engineer or his designate; Q) That should upgrades to existing infrastructure be required to support the development, detailed engineering plans be completed detailing such work for the review and approval by the Chief City Engineer or his designate and that design and construction costs be the responsibility of the developer; (k) That all main buildings be serviced by municipal water and sewer and underground public utilities; Page 3 of 5 126 Gordon Breau 30 King George Court August 14, 2020 (1) That all grades for water and sewer systems must be verified by the developer's engineering consultant; (m) That all parking for this development be provided for on site; (n) That the development and use of the site meet all requirements of the City of Saint John Zoning By -Law, National Building Code, National Fire Code and all other applicable regulations prior to occupancy and use of the development; (o) That approved site and elevation plans be attached to any building permit application for the development; and (p) That site improvements associated with a particular building indicated on the approved site, landscaping and elevation plans be completed to the satisfaction of the Development Officer within one (1) year from the issuance of a building permit for the particular building. ANALYSIS Proposal The proposal is to construct a tenant storage building in place of a 4-unit multiple dwelling at 30 King George Court. The storage building would be accessory to the most recently developed 12-unit multiple dwelling at the same address. The one-story storage building would have ten storage rooms in total (see Submission 2). Site and Neighbourhood The site is a 2,125 square metre lot at the end of King George Court, located off Bentley Street, directly north of the NB Southern Railway line. The office building and one 12-unit condominium have been completed at 10 and 20 King George Court. The second 12-unit building at 30 King George is in the final stages of completion with interior work underway. The site forms part of the former King George Elementary school grounds. In addition to the existing development and railway line, the site abuts the backyards of residences along Douglas Avenue and Alexandra Street. Municipal Plan and Zoning By-law Schedule B of the Municipal Plan designates the property as Stable Commercial, which supports a range of commercial uses as well as housing. Policy LU-121 of the Plan states that development of uses ancillary to the main use are guided by the Zoning By-law. General Municipal Plan policy is further analyzed in Attachment 2. The proposal is not anticipated to have any adverse effects on servicing or adjacent heritage properties. The property is zoned General Commercial (CG), which permits the use of an accessory building. The proposal is capable of meeting all requirements for an accessory building under the Zoning By-law in terms of its setbacks and ground floor area. As noted on Submission 1, the Page 4 of 5 127 Gordon Breau 30 King George Court August 14, 2020 storage building is to be set back 5.03 metres from the rear yard and 10.06 metres from the side yard. Conclusion The proposed amendment is reasonable given that all By-law requirements can be met, the footprint of the building is similar to the previous proposal, and no adverse effect is anticipated as a result of the change. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. 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 August 6, 2020. The rezoning was posted on the City of Saint John website on August 21, 2020. APPROVALS AND CONTACT Author Manager Andrew Reid, MCIP, RPP Kenneth Melanson , BA, RPP, MCIP Contact: Andrew Reid Telephone: (506) 658-4447 Email: Andy. Reid @saintjohn.ca Application: 20-125 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Attachment 2: Municipal Plan Review Attachment 3: 2010 Proposal (4 unit building) Submission 1: Site Plan Submission 2: Elevation Plan Page 5 of 5 128 N I IIIIIq 11111111111 ^/�� } 129 I',- 4r A A 4�j A, The City of Saint John Date: July 17, 2020 44,�. "b'Yq m / (A �Map 2 - �Future Land Use Goirdon Bireau - 30 King George Couirt The City of Saint John Date: July 17, 2020 0 50 rn 2mm (CF-M) Major Community Facility (CG) General Commercial (P) Park (R2) Two -Unit Residential (RIVE) Mid -Rise Residential �Map 3 -Z/Zoinung * Section 59 Conditions The City of Saint John 131 Date: July 17, 2020 The City of Saint John �Map 4 -Aerial Photography Date: July 17, 2020 132 Goirdon Bireau - 30 King George Couirt 0 21 m The City of Saint John 133 Date: July 20, 2020 Attachment 2 — Municipal Plan Review 30 Kina George Court Policy 1-2 Criteria Staff Response The proposal is in conformity with the goals, policies The proposal is in conformity with the intent, and intent of the Municipal Plan and the requirements goals, and policies of relevant plans and By - of all City bylaws; laws. The proposal is not premature or inappropriate by With respect to the relevant criteria, the reason of: proposal is appropriate because of limited i. Financial inability of the City to absorb costs related impact on service delivery and the site and to development and ensure efficient delivery of adequacy of existing services in proximity. The services, as determined through Policy 1-7 and 1-8; site is adjacent to four properties designated ii. The adequacy of central wastewater or water heritage in the Douglas Avenue Heritage services and storm drainage measures; iii. Adequacy or proximity of school, recreation or Conservation Area. The Heritage Officer has other community facilities; confirmed there would be minimal impact on iv. Adequacy of road networks leading to or adjacent the adjacent properties. to the development; and v. Potential for negative impacts to designated heritage buildings or areas. Appropriate controls are placed on any proposed No additional controls are required as the development where necessary to reduce any conflict proposed change creates minimal conflict with with adjacent land uses by reason of: adjacent land uses. The storage building is i. Type of use; ii. Height, bulk or appearance and lot coverage of any one storey. All storage is to be contained proposed building; inside. As a result of the change, less traffic iii. Traffic generation, vehicular, pedestrian, bicycle or would be generated onto Bentley Street transit access to and from the site; because of the reduction in units. iv. Parking; v. Open storage; vi. Signs; and vii. Any other relevant matter of urban planning. The proposed site is suitable in terms of steepness of The site is of even grade and not in proximity grade, soil and geological conditions, locations of to any watercourses, wetlands, or flood plains. watercourses, wetlands and susceptibility of flooding The site was previously the school yard for the as well as any other relevant environmental King George School and represents a consideration; redevelopment in many ways. The proposal satisfies the terms and conditions of n/a Policy 1-5 related to timeframes and phasing of development; and The proposal meets all necessary public health and The development would be constructed in safety considerations. accordance with the National Building Code of Canada. 119M 2020 ��-lroposd Feinaint Storage 3udding Cants nt of Hydro 136 01, Proposed It) , New S101-ll othe Building far ELM Tenants of King) George Court 3.24 m x 20-11 M"` 6o� V, '16 Proposed New Storage Building for tf)e Tenants of King George Court 3,24 M X 20,11 M StOrage Units ForTcnan(s of King Ueorge uOurr .3c4 FT Fr .J. T'j q Concrete 8 C,7- lab Floor F e- ctured Truss, Manufactured Roof Grade 4,44M The Building will be constructed with 2'X 4' Framing I'N ds Building will be built on a Concrete Slab The Roof will be constructed with Manufactured Truss Roof will, V,.,' plywood j And 20/25 year Aspbajt Shingles. Exterior Walls with wood frame, 1/2" Plywood with Vinyl Siding tot Match the new 12 unit building under construction con the development Site. There will be 6 — 4' garage type doors and 4 regul, r door, for the t-, n building_ vo ends of the 137 August 19, 2020 The city of Saint John. His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning 4001 King William Road On July 20, 2020 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 18, 2020 meeting. The staff planner, Kenneth Melanson of Growth & Community Development Services provided a presentation outlining the report and recommendation. The applicant, Natural Forces — represented by Meg Morris and Amy Pellerin, appeared before the Committee in agreement with the staff report and recommendation. They also responded to questions from the committee pertaining to community engagement on the project and ongoing communication with residents of Lornville. No one else spoke on this matter at the meeting. No letters of support or concern were received. After considering the matter, as recommended by Staff, the Committee adopted the staff recommendation. RECOMMENDATION: That Common Council rezone a parcel of land having an area of approximately 80.98 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Rural (RU) to Green Energy (GE); and 2. That Common Council rezone a parcel of land having an area of approximately 55.21 hectares, located at 4001 King William Road, Page 1 of 2 138 Natural Forces (Meg Morris) 4001 King William Road August 19, 2020 also identified as a portion of PID Number 00412189, from Medium Industrial (IM) to Green Energy (GE). Respectfully submitted, f-----�rcl Chair Attachment Page 2 of 2 139 The City of Saint yohn Date: August 14, 2020 To: Planning Advisory Committee From: Growth and Community Planning Growth and Community Development Services Meeting: August 18, 2020 SUBJECT Applicant: Natural Forces (Meg Morris) Landowner: Province of New Brunswick (Energy and Resource Development) Location: 4001 King William Road PID: 00412189 (portion) Plan Designations: Rural Resource, Parks and Natural Areas and Heavy Industrial Existing Zoning: Medium Industrial (IM) and Rural (RU) Proposed Zoning: Green Energy (GE) Application Type: Zoning By-law Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, September 28, 2020. Page 1 of 5 140 Natural Forces (Meg Morris) 4001 King William Road August 14, 2020 EXECUTIVE SUMMARY Natural Forces has requested to rezone additional crown lands along King William Road for the Burchill Wind Farm project. The proposed rezoning would provide additional options for the location of turbines to maximize exposure to favourable wind conditions. These additional crown lands will need to be rezoned Green Energy (GE) in order to be included in the project area. RECOMMENDATION That Common Council rezone a parcel of land having an area of approximately 80.98 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Rural (RU) to Green Energy (GE); and 2. That Common Council rezone a parcel of land having an area of approximately 55.21 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Medium Industrial (IM) to Green Energy (GE). DECISION HISTORY At the October 21, 2019 meeting, Common Council gave third reading to amendments to the Municipal Plan to enable Green Energy Projects (wind farms and solar farms) and adopted a Zoning By-law amendment to create the Green Energy (GE) Zone. At the March 21, 2020 meeting, Common Council gave third reading to Zoning By-law amendments to rezone a significant portion of Provincial crown lands (located off King William Road) from various zones to Green Energy to enable the Burchill Wind Farm. ANALYSIS Proposal Natural Forces (the applicant) has brought forward an additional rezoning request, to expand the area of the Burchill Wind Farm to include additional areas of crown lands along King William Road. The subject rezoning will enable the expansion of the Burchill Wind Farm project area and allow areas for the location of turbines. These locations are considered favourable in terms of wind exposure and provide additional siting options for the applicant. In order to be a part of the project, the subject areas must be rezoned to the Green Energy (GE) zone. Sites and Neighbourhood There are two sites proposed for rezoning: One being located in proximity to the Spruce Lake Industrial Park and the other in proximity to the Colson Cove generating station. The area around the first site is mainly industrial and is in close proximity to the developed area of the Spruce Lake Industrial Park and a number of pits and quarries. The second site is also mainly industrial in nature given its proximity to the Colson Cove Generating Station and the associated Page 2 of 5 141 Natural Forces (Meg Morris) 4001 King William Road August 14, 2020 energy distribution system. The Lorneville Community is over 1 km from the proposed sites, which exceeds with spacing distances of the Green Energy (GE) zone. Municipal Plan and Rezoning Municipal Plan Green Energy projects, which include the harnessing of wind or solar energy, are becoming an increasingly important means of providing the energy needs for communities while reducing contributions to climate change. As part of local efforts to promote these projects, in 2019, Saint John Energy in collaboration with DevelopSJ applied for amendments to the Municipal Plan and Zoning By-law to enable green energy projects. The subject site is located in a variety of rural land use designations, all of which were subject to the 2019 amendments to the Municipal Plan to enable green energy projects. As part of these amendments, the City of Saint John proactively developed a new special Green Energy (GE) zone to invite additional wind and solar farm projects, as directed in Policy LU-38. Further policy direction was added to the Rural Resource, Heavy Industrial', and Parks and Natural Areas Designations to further enable green energy developments. Criteria were included in policy LU-95, which have been reviewed in Attachment 2. The proposal also supports Climate Change and Economic Development goals of the Municipal Plan by seeking out alternative renewable forms of energy and diversifying the economy by promoting jobs in the green energy sector. It is important to note that there are other overarching environmental principles in the plan (also noted in Attachment 2), which support green energy development as a means to reduce the impact of urban development on the climate and reduce green house gas emissions from the City. The Municipal Plan supports this application. Zoning By-law The proposed rezoning is to the Green Energy Zone, which was created in 2019 as part of a package of amendments to facilitate large-scale wind and solar energy projects. As mentioned earlier, Policy LU-38 directs that all of these large-scale projects occur in the Green Energy Zone. The Green Energy Zone requires a minimum 1 kilometre setback distance between any proposed wind turbine and a residential dwelling. The site map submitted with the application shows that the edge of the proposed rezoning area, is already 1 kilometre from a residential dwelling unit for both sites. The proposed turbine sites (although not finalized) are further setback from those boundaries — ensuring that the setback distance is exceeded. No traffic impact assessment was required for this application as traffic volumes will be low — the site will only be visited for routine monitoring, maintenance and security. ' Heavy Industrial designated lands adjacent to King William Road only. Page 3 of 5 142 Natural Forces (Meg Morris) 4001 King William Road August 14, 2020 Section 59 conditions are not required with this rezoning as the Green Energy (GE) zone has sufficient zone specific standards to mitigate the impacts of Green Energy projects on surrounding land uses including separation distances for sensitive uses. The Burchill Windfarm project is currently undergoing a Provincial Environmental Impact Assessment (EIA). This EIA was filed with the Province in February of 2020 and is currently under review. Once finalized, the applicant will confirm the proposed site plan and make application for the required Municipal permits for the construction of the project which is anticipates for early 2021. Once the permit application is made, Staff will determine if any variances to the Green Energy Zone requirements are necessary and process them in house. Based on a preliminary assessment of the site plan provided, the applicant should be able to meet the requirements of the Green Energy (GE) Zone. Conclusion The Municipal Plan is supportive of the proposed rezoning to facilitate the Burchill Wind Farm project. The 2019 Municipal Plan and Zoning By-law Amendments to create the Green Energy (GE) Zone have put the City of Saint John on par with, or ahead of many major cities in Canada in facilitating large-scale green energy projects. The projects will have a positive contribution to reducing the overall carbon emissions of the City and provide an environmentally beneficial energy source for our growing City's energy needs. ALTERNATIVES AND OTHER CONSIDERATIONS The Municipal Plan is supportive of large-scale green energy projects as a means to reduce the City's emissions and contributions to climate change. For these reasons, no alternatives were considered. ENGAGEMENT Proponent The applicant originally held an open house for the main Burchill Wind farm project on September 24, 2019 at the Lorneville Community Centre. The applicant advised that over 60 people attended that event and numerous others signed up via their website for regular email updates on the project. The applicant updated those who subscribe to their project mailing list in August 2020 of the rezoning proposal and scheduled an open house for September 2020. This open house was held at the Lorneville Community Hall and was subject to strict social distancing requirements in compliance with Public Health requirements. This open house provided additional project updates, included information on the proposed rezoning and details on public investment opportunities to the project. Page 4 of 5 143 Natural Forces (Meg Morris) 4001 King William Road August 14, 2020 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 August 6, 2020. The rezoning was be posted on the City of Saint John website on September 2, 2020. APPROVALS AND CONTACT Author Deputy Commissioner Commissioner Kenneth Melanson, BA, RPP, MCIP Phil Ouellette Jacqueline Hamilton, MCIP, RPP Contact: Ken Melanson Telephone: (506) 721-8694 Email: Ken.Melanson@saintjohn.ca Application: 20-132 APPENDIX Map 1: Site Location Map 2a: Future Land Use — Site 1 Map 2b: Future Land Use — Site 2 Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Plan — Natural Forces Submission 2: Natural Forces Application submission Page 5 of 5 144 The City of Saint John Date: Auqust 6, 2020 �Map 1 - Site Location 145 Natural IFoirces (IMeg Morris) - 4001 King William Road 0 700m 7/5211.15,11", (i Map 2a - Future �Land Use 146 Natural Forces (Meg Morris) - 4001 King William Road The City of Saint John Date: Auqust 6, 2020 0 350 iTi uuu� The City of Saint John Map 2b - Future �Land Use Date: Auqust 6, 2020 Natural Forces (Meg Morris) - 4001 King William Road 147 0 350 iTi (CpN)Neighbourhood Community Facility (PpPit oQuarry (EP)Environmental Protection (Ru)nura/ (1x)Heavy Industrial VRNRural Residential (/w)wnu/umIndustrial (ns)Rural Settlement Residential (p)pam * Section ssConditions Map ~� � ~ - Zoning m g 148 Natural Forces (Meg Morris) - 4001 King William Road The City ofSaint John Date: AugastG.2O2[ �____�»�w��/ The City of Saint Jahn rial PhotogrAeaphy [late: Auqust i, zort , Natural (Forces (Meg Morris) - 4001 King William Roach 0 700m Attachment 1 �- Site Photograpp The he City of Saint Jahn , q � Date: August 8, 202( Natural (Forces (Meg Morris) - 4001 King William Roach � ° Attachment 2: Municipal Plan Policy Analysis — 4001 King William Road Heavy Industrial Policies Policy: Analysis: LU-80.2 Heavy Industrial lands along King The proposed sites are partially located in William Road may be considered for Green Heavy Industrial designated lands along King Energy Development subject to criteria William Road and are appropriate for Green outlined in Section 1-2 and 3.6.1 Energy Development. Rural Resource Policies Policy: Analysis: Rural Resource Area Portions of each site are located in the Rural The majority of the lands within the City's Resources designation and are not located in Rural Areas are located in the Rural proximity to residential development. These Resource Area designation. These lands are are ideal locations for wind energy intended to facilitate resource related developments as there will be limited impacts activities, where appropriate, such as forestry to residential dwellings. operations, wind and solar energy development, agriculture, fisheries, and extraction activities, including pits and quarries. Limited residential and other land uses may be contemplated. LU-95 — Provide that wind and solar energy The proposal is in conformance and helps developments may be located in the Rural achieve the goals of the Municipal Plan by Resource Area designation provided that the providing alternative energy supplies and land be rezoned to the Green Energy zone. reducing the City's impacts on Climate The Green Energy zone defines the specific Change. performance standards for their operation, and the rehabilitation of operative and The surrounding lands use are mostly inoperative wind and solar energy industrial or rural in nature. The proposed developments. In considering applications to sites exceed minimum required separation rezone a property to the Green Energy zone, distances from residential land uses. Council shall ensure the proposal can demonstrate compliance with the following: Storm drainage will be determined at the building permit stage. A review of the noise a) The proposal is in conformance with the data submitted with the 2020 rezoning, goals, policies and intent of the Municipal confirms all noise levels would remain Plan; unchanged with the addition of this site. b) Compatibility with and/or minimal impact Visual impacts to the Lorneville Community on existing adjacent land uses; would be minimal. c) Submission of measures to mitigate storm water drainage, noise, and other impacts; The proposed site is not in a Municipal Park. d) Where appropriate, the provision of visual screening for solar energy developments; Further comments related to Section 1-2 are e) Shall not be located within Municipally provided below. owned parks including, but not limited to Rockwood Park; f All applicable policies of Section 1-2. Page 1 of 4 151 Parks and Natural Areas Policies Policy: Analysis: LU-110 Create the Park and Natural Areas See analysis of policy LU-95 above. designation on the Future Land Use map (Schedule B). Council intends that the Park The project is being evaluated through the and Natural Areas designation will permit a Provincial Environmental Impact Assessment range of conservation and appropriate process. recreational land uses permitted in the City's major regional and community parks, environmentally sensitive or significant areas, lands that are located adjacent to watercourses, lands adjacent to the City's coastlines, estuarine areas, significant archaeological and geological sites, historic sites, designated heritage places and cemeteries. Council may permit commercial recreation uses in the Park and Natural Areas designation subject to appropriate standards in the Zoning Bylaw. Council may permit wind and solar energy development in the Park and Natural Areas designation outside of the Primary Development Area, subject to federal and provincial environmental approvals and conditions and standards in the Zoning By- law. When reviewing an application for re- zoning, refer back to Policy LU-95. Economic Development Policies Policy: Analysis: EP-15 B — Providing policy direction which This will be Saint John's first Green Energy advances community economic Project, which will help power the City diversification and supports the development through renewable energy. This is an of growing economic sectors including the opportunity for Saint John Energy and the development of industries related to: City to be leaders in the field of Green Energy (ii) the energy and renewables sector. development and reduce the costs of energy use in the City through locally available renewable energy sources. Energy Efficiency Policies Policy: Analysis: NE-38 Explore and encourage the Expansion of the proposed Burchill Windfarm development and use of alternative energy will occur via the Green Energy Zone and will sources, such as solar, wind, geothermal, allow Saint John Energy to power the City by biomass, and energy recovery. Wind and an alternate energy source — renewable wind solar energy developments shall occur in the energy. Green Energy zone. Page 2 of 4 `M Climate Change Policies Policy: Analysis: NE-44 Mitigate local climate change impacts The 2019 Municipal Plan and Zoning By-law by: amendments to facilitate green energy (b) Working with the Government of New projects will help Saint John Energy to Brunswick and Saint John Energy to explore develop new renewable sources of energy. renewable sources of energy. Policy 1-2 Analysis Policy: Comments: In considering amendments to the Zoning The proposal is in conformity of the goals and Bylaw or the imposition of terms and intent of the Municipal Plan — the proposal conditions, in addition to all other criteria set implements a number of environmental, out in the various policies of the Municipal economic and social goals of the Plan to Plan, have regard for the following: diversify energy sources and reduce emissions and impacts to Climate Change. a. The proposal is in conformity with the goals, policies and intent of the Municipal Plan and the requirements of all City bylaws; b. The proposal is not premature or The proposal is not premature from a inappropriate by reason of: servicing standpoint. The proposal does not i. Financial inability of the City to require Municipal Servicing and the adjacent absorb costs related to development road network is sufficient to provide access. and ensure efficient delivery of services, as determined through Policy 1-7 and 1-8; ii. The adequacy of central wastewater or water services and storm drainage measures; iii. Adequacy of proximity of school, recreation or other community facilities; iv. Adequacy of road networks leading to or adjacent to the development; and v. Potential for negative impacts to designated heritage buildings or areas. c. Appropriate controls are placed on The Green Energy zone has been designed any proposed development where to provide appropriate controls and limitations necessary to reduce any conflict with on Green Energy projects to minimize adjacent land uses by reason of: impacts to sensitive uses through setbacks, i. Type of use; security fencing, etc. Exact details will be ii. Height, bulk or appearance and lot finalized at the permit stage. coverage of any proposed building; iii. Traffic generation, vehicular, pedestrian, bicycle or transit access to and from the site; iv. Parking; Page 3 of 4 `W v. Open storage; vi. Signs; and vii. Any other relevant matter of urban planning. d. The proposed site is suitable in terms The proposed suite is suitable for green of steepness of grade, soil and energy development and is located in a high geological conditions, locations of wind availability area. Any impacts to watercourses, wetlands and wetlands will be determined through the EIA susceptibility of flooding as well as process with the province. any other relevant environmental consideration; e. The proposal satisfies the terms and The proposal is phased and is not conditions of Policy I-5 related to speculative in nature. timeframes and phasing of development; and f. The proposal meets all necessary The proposal should be able to meet all public health and safety applicable provincial health and safety considerations. regulations applicable to this form of development. Page 4 of 4 ` 1511 Burchill Wind Project Rezoning Application Legend ® Conceptual Turbine Locations ® Telecommunication Towers o Residences ® Industrial Buildings ® Spruce Lake Industrial Park - Existing Electrical Infrastructure - - Pipeline (owned by Irving) ------ Watercourses Wetlands Land Parcels 1000 in Setback from Residences Crown PID 00412189 Existing Green Energy (GE) Zone Re -zoning Request Area Notes 1) The turbine locations Indicated here are conceptual and if pursued would be subject to all ongoing permitting, including EIA. N A 0.4 0.8 L6 Kilometers 1:25,000 Spatial Reference: WGS 1984 UTM Zone M Date: 2020-07-03 ;N, Submission 2 ProjectPROPOSED BL)RCHILL, WIND PROJECT ri July 2020 natu r-a I'�forc"ec-xs `RV aLH:hH[ \tfind Project .GUly 2020 Table of Contents 1.0 Project Overview......................................................................................................................................... 1 2.0 Considerations.............................................................................................................................................2 2.1 Wind Resource - Wind Monitoring Campaign........................................................................................ 3 2.2 Environmental Considerations................................................................................................................ 3 2.2.1 Protected Areas............................................................................................................................... 4 2.2.2 Wetlands and Watercourses...........................................................................................................4 2.2.3 Residential Areas.............................................................................................................................4 2.2.4 Archeological Surveys..................................................................................................................... 4 3.0 Permitting....................................................................................................................................................4 3.1 Environmental Impact Assessment......................................................................................................... 5 3.2 Proposed Project Timeline......................................................................................................................5 4.0 Public and Stakeholder Consultation and Engagement.............................................................................. 6 5.0 Closure.........................................................................................................................................................7 Tables Table 1: Coordinates of the Project site.................................................................................................................. 1 Table 2: Additional conceptual turbine locations................................................................................................... 3 Table3: Required Permits....................................................................................................................................... 4 Appendices Appendix A: Project Location Map `N' FA LH c[ni.[[ \M nd Project Project I W[ of Introduction Natural Forces submitted a proposal to develop a wind energy project near Lorneville, NB in March 2019 to Saint John Energy as part of Saint John Energy's Request for Proposal (RFP) to acquire additional renewable energy sources for their energy supply. As part of this RFP, Natural Forces has proposed a project that consists of five (5) to ten (10) wind turbines with an installed capacity between twenty (20) and forty-two (42) MW, to be supplied to Saint John's electrical grid. Natural Forces was announced as the successful Proponent chosen to develop and operate this Burchill Wind Project on September 4, 2019. 1.o Project Overview The proposed project is called the Burchill Wind Project (the "Project"), and is sited on Crown land approximately 15 kilometers southwest from the City of Saint John near Lorneville and the existing Coleson Cove Generating Station. The regional location of the Project site is shown in Map 1 in Appendix A. The Project will make use of the existing Burchill Road for access as much as feasible and will consist of 5 to 10 turbines with a total installed capacity ranging between twenty (20) and forty-two (42) megawatts (MW). The Project is proposed to connect to the Saint John Energy electrical grid, and will require an on - site substation and interconnection infrastructure to be developed by Saint John Energy. Saint John Energy has secured an exploratory license of occupation over the Crown Lands (PID 00412189) being considered for the Project. This license is currently in the process of being assigned to Natural Forces. The secured lands allow for a variation of the turbine locations based on the findings and constraints of environmental studies and field surveys. There are several known mapped regulated wetlands on the site that are connected by small watercourses, which have been taken into consideration in the current proposed Project layout. A more detailed preliminary environmental screening is provided in the following sections. The Project area is known to have an energetic wind regime, largely due to its elevation. At the proposed turbine locations, elevations vary from 42 m to 74 m. The exact geographic location of the site is included in Table 1. Table 1: Coordinates of the Project site. Longitude & Latitude UTM Zone 19 Geographic site center 660 11' 59.13" W 450 10' 22.12" N 720037 m E, 5005963 m N For additional information on the proposed Burchill Wind Project, visit the project website at: ,hops:/.. :.nat.ura.lforces...ca .�a.rc.hiI.I j.n.d..:..rc a ct 1 `U1.11 Project I W[ of 2.0 Considerations Natural Forces has extensive knowledge and experience with respect to project site finding and the development of wind farms. There are many considerations to take into account when developing these types of projects and a detailed assessment of these considerations is ongoing to further refine the turbine locations to provide efficient renewable energy, while minimizing impacts on the community and environment. Natural Forces has used the lands chosen and secured by Saint John Energy for the early development proposal of this Project to develop the preliminary turbine layout following an internal review of the site. Natural Forces believes this Project site is attractive due, in no particular order, to its estimated wind resource, its elevation, and the industrial nature of the surrounding lands. The area has extensive industrial disturbances including a waterline, a pipeline, three communication towers, several gravel pits, several transmission lines, and the Coleson Cove Generating facility and its auxiliary buildings. On a site visit on a clear day, industrial sounds can be heard throughout the Project site lands. The following is a list of factors that have been considered during the Natural Forces site review: • Technical Considerations; 1. Sufficient wind resource; 2. Regional topography; 3. Proximity to existing electrical infrastructure; and, 4. Turbine technology. • Environmental Considerations; 1. Proximity to provincially regulated wetlands; 2. Proximity to residential dwellings or other sensitive buildings; 3. Sensitivity of flora & fauna; 4. Proximity to provincial or national parks and nature reserves; and, 5. Risk of archaeological resource disturbance. • Land use considerations; 1. Known culturally significant areas; 2. Current land use; 3. Future land use; 4. Available access to the land; and, 5. Proximity to residential properties, communities, and towns. The proposed locations of the turbines in the 10-turbine layout were previously submitted to the City of Saint John. While Natural Forces still believes these to be good locations for wind turbines, after additional studies Natural Forces is now considering other areas within the Crown land license that are sufficiently far from residences for alternate turbine locations. These conceptual locations are detailed in Table 2, along with their respective ground elevations and distance to nearest residential dwelling. The final turbine layout will be submitted as part of the Development Permit application to the City of Saint John. 2 `U10.1 LH c[ni.[[ \M nd Project Project I W[ of �Uly 2020 The turbine model for this project has not yet been decided. The turbines being considered have hub heights that range from 120 m to 135 m. The tallest model being considered at this time has a total height, from ground to blade tip, of 205 m. Table 2: Additional conceptual turbine locations. Distance to Nearest Location Ground Elevation Residential Dwelling 45°11'18.92"N 38 m 1.36 km 66°10'33.67"W 45° 9'34.36"N 42 m 1.25 km 66°11'27.03"W Wind Resource - Wind Monitoring Campaign The New Brunswick Wind Atlas indicates the approximate wind speed at the Project site lands is within a range sufficient for wind farm development. The predominate wind direction is from the southwest, typical of Canada's east coast. The turbine locations have been optimized to account for this southwesterly wind direction in order to maximize the wind energy generation. Natural Forces has installed a meteorological mast, a SoDAR unit, and a LiDAR unit on site to collect detailed wind data specific to the site to assist in further refining the turbine locations to best capture the wind resource. Environmental Considerations The following studies have been included as part of the Environmental Impact Assessment (EIA) of the Project: • Predicted Environmental (physical, biophysical, and socio-economic) Impacts and Mitigation; • Shadow Flicker Impact Assessment; • Noise Impact Assessment; • Public Consultation & Stakeholder Consultation; and, • Rightsholders and First Nation Consultation. During the 2019 survey season, wetland, watercourse, and vegetation surveys were completed in proximity to the proposed infrastructure. The entirety of the Project site lands were surveyed for birds and bats during the 2019 survey season, and winter bird surveys were conducted in 2020. Surveys are continuing during the 2020 survey season. These surveys will include bird and bat monitoring, as well as any additional surveys required through the provincial EIA process. The EIA for the Project was registered with the province on February 18, 2020, the feedback from which will shape our remaining studies. The sections below provide a brief overview of some of the major studies included in the EIA. For more information, the full EIA is posted on the Project website and can also be accessed on the New Brunswick Department of Environment and Local Government website at this link: 3 `Pis] Project I W[ of hops.:/2.enb.caCcontentC nbCen/de�artmentsCelCenvironment/contentCenvironmental imnacta ( ssessment:153�.html ................................................................................................. Protected Areas A search of the GeoNB geographical data layers that identify federal and provincial parks, protected natural areas (PNA), and wildlife refuges, as well as the database for Important Bird Areas (IBA) was carried out to identify protected areas near the proposed Project site lands. The closest protected areas are the Musquash Estuary PNA, located just over 1 km west of the nearest proposed turbine location, and an IBA located approximately 5 km east of the nearest proposed turbine location. Wetlands and Watercourses A search of the GeoNB database also reveals known, regulated wetlands and watercourses within the Project site boundaries. Field surveys are continuing to verify the location of these areas, as well as unmapped wetlands and watercourses. 3 Residential Areas The Project is proposed in a rural location. The nearest community to the Project is Lorneville, New Brunswick. Preliminary noise and shadow flicker impact assessments have been completed to ensure minimal impact on nearby residents. These assessments show that the Project complies with noise and shadow flicker regulations determined by the Province for all residences. w Air-cdheollo icall ,Surveys An archeological walkover was conducted in 2019. There was no evidence of significant extent features in desktop surveys or in the field, however some areas do hold high potential for presence of significant archeological resources. Field surveys are continuing to take place during the 2020 season. Test pits will be dug near turbine locations and roads as recommended. 3.0 Permitting Table 3 includes a list of permits that will likely be required for the development and construction of the Project. Additional permits may be necessary and will be secured when required. Table 3: Required Permits Permit Permitting Authority Development Permit City of Saint John Archaeology Field Research Permit NB Department of Tourism, Heritage and Culture 4 iiC:d Project I W[ of Permit Permitting Authority Environmental Impact Assessment NB Department of Environment and Local Government Work Within a Highway Right of Way NB Department of Transportation and Infrastructure Watercourse and Wetland Alteration Permit NB Department of Environment and Local Government Aeronautical Obstruction Clearance Permit Land Use Permit License of Occupation to Explore Crown Land Wind Farm Lease License of Occupation for Construction and Operation Work permit Transport Canada NavCan NB Department of Energy and Resource Development NB Department of Energy and Resource Development NB Department of Energy and Resource Development NB Department of Energy and Resource Development Cutting Permit NB Department of Energy and Resource Development Environmental Impact Assessment The New Brunswick Environmental Impact Assessment (EIA) legislation requires all proposed wind farms with a combined design production rating of 3 MW or more to conduct an EIA. As the Project will have an approximate nameplate capacity of 20-42 MW, an EIA is required. The EIA was completed and registered with the province on February 18t", 2020. Natural Forces has experience conducting EIAs for wind projects in New Brunswick. The EIA for the Project is being managed internally by the Natural Forces team. Natural Forces has held several meetings with the NB Environmental Assessment branch of the Department of Environmental and Local Government, as well as the Department of Energy and Resource Development to discuss the scoping and general regulation requirements for several of its proposed wind farm projects. The NB EIA Wind Turbine Specific Guidelines was followed in the preparing the EIA. Proposed Project Timeline The Project schedule activities are currently arranged into five (5) distinct phases. 5 fi"M aWchH[ \M nd Project Project I W[ of .[Uly 2020 1. Development Phase includes all development activities preceding the construction of the Project. These activities include the core of the main Project development tasks, including environmental field surveys, EIA writing, First Nation consultation, public consultation, wind resources assessment, site geotechnical work, and permitting. The engineering design and system and facilities impact studies that will be conducted by Saint John Energy are included in this phase. Saint John Energy initiated this phase in Q2 2019 and Natural Forces has taken over most development activities. 2. Pre -Construction Phase includes all pre -construction activities that often overlap the initial development activities for a project. Activities in this phase include preparing the financing arrangement for debt and equity, wind turbine supply negotiation, final site design, execution of the Facilities Study Agreement, tendering for all construction contracts, and final construction -related permitting. This phase is expected to run from Q3 2020 to Q4 2020. 3. Construction Phase includes all construction and commissioning activities. These activities range from tree clearing and grubbing, to road building, electrical works, foundation pouring, turbine delivery, turbine assembly, and final project commissioning. This phase is expected to run from Q3 2020 to Q4 2021, and includes the necessary network transmission upgrades that will be commissioned by Saint John Energy. The proposed Commercial Operation Date is set for Q4 2021. 4. Operational Phase includes all activities that occur during the operation of the wind project, once it has been commissioned. These range from post -construction monitoring, annual monitoring reports, remote monitoring of turbine performance, and maintenance. This phase is expected to run from Q4 2021 to decommissioning of the Project. 5. Decommissioning Phase includes all the activities that will occur to decommission the Project. These include the removal of the turbine materials and associated infrastructure to an appropriate underground depth, and the restoration of the site. Decommissioning activities will be planned a few months prior to the decommissioning date. This date may vary as the life of a wind turbine can be extended by replacing certain parts to safely produce additional energy after its original lifespan. Replacing turbine parts to maintain operation would also be dependent on the desire of Saint John Energy to purchase additional power from the project after the initial power purchase agreement term. 4.0 Public and Stakeholder Consultation and Engagement Natural Forces is committed to ensuring that the local community and all stakeholders are engaged in the Project. Natural Forces has prepared a Public Consultation and Communication Plan outlining the main consultation and communication activities that will be ongoing throughout the project to maintain transparency with stakeholders. These activities include: • Maintaining an up-to-date project website; • Hosting open houses in the community to provide information and accept feedback; • Engage in meetings with individuals, community groups, and businesses as requested; and • Send project updates to the project mailing list. 0 iIW LH c[ni.[[ \M nd Project Project I W[ of .[Uly 2020 This Public Consultation and Communication Plan is a baseline that will be shaped by the feedback and requests received by stakeholders. The first Open House was held on September 24, 2019 and the second on March 10, 2020 at the Lorneville Community Center. A third Open House is being planned for the summer of 2020. Consultation has also been ongoing with regulatory bodies, community organizations, and the other users of this land. 5.0 Closure Natural Forces' proposal for the Burchill Wind Project consists of five (5) to ten (10) wind turbine generators capable of producing approximately 20-42 MW of renewable energy, which will displace electricity produced from fossil fuels. Consultation and engagement with a wide variety of stakeholders and rights holders will be continuous to gauge the full range of impacts and concerns of the Project. The following benefits are associated with the Burchill Wind Project: • Production of emission -free energy, which will displace energy produced from fossil fuels in New Brunswick and contribute to the growing renewable energy sector in Saint John; • Reduction of New Brunswick's contribution to anthropogenic induced climate change, which is putting our environment at serious risk; • Increased revenue for the local area through payment of annual property taxes; • Increased revenue for local businesses due to activities associated with the construction, operation and decommissioning phases of the Project; and, • Creation of additional employment in the region during the entire Project life. The Burchill Wind Project provides an excellent opportunity to transform a disturbed industrial site into a productive source of renewable energy, leading to increased source diversity while contributing to meeting increasing energy demands. Natural Forces is excited to develop this Project and looks forward to continue to work with stakeholders to garner community support for the Project. 7 `C:�1 APPENDIX A: Project Locatiori Map Map 1 hnpvf Regional Location of Project Site I I'lo nMP NJ pq h S4d I J V 4 4 "!'J I Vtl ill ( 0 im &q k vo ",/d IdAllq NrtN"" A 'n ` I a 11 f 14 tAA 1� J, Aph '.tile!' Ian t / Uk 111001' "A kA*"' --1111H 1 01 1 , , , i, e i ,4 b,m r J13, Legend Project Site N 0 1.75 3.5 7 AKilometers 1:150,000 nMralfiIn( Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, cUETI, Esri China (Hong Kong), swisstopo, @ OpenStreetMap contributors, and We GIs User Community MI ' � 6730 11 '�.• Growth & Community Planning Team 167 Growth & Community Development Services Proposal 9 r$yoq k7l m a 172 SAINT JOHN 173 SAINT JOHN 174 SAINT JOHN 175 SAINT JOHN 10, 6f 10 SAINT JOHN 11 177 ;CFN; Npighkxyu,,had Ccii n(munly FacikC , QFN]) Pit & CAmmy $F-P➢ Finw7cmwrierfAall Prate�,,.,Umn QRGA� Rjur;.,il d,'HHeavy lumdiWsirbIll MPO Runil Presdena,,.A 01A !I gRSII RumO SprJeriew Res �ckinfia,, �P)i Pairk Secfirmi 178 1/ m Public Engagement Staff Recommendation PAC Recommendation Natural Forces 11801 Hollis Street I Suite 1205 I Halifax I NS I 133J 3 4 I T: (902) 422 9663 I F: (902) 422 9780 July 3, 2020 Attn: Kenneth Melanson Growth & Community Development Services City of Saint John loth Floor City Hall P.O. Box 1971 Saint John, NB E2L 41_1 Dear Mr. Melanson, Please accept this letter and the attached documentation in application for the rezoning of those portions of the Crown lands with PID 00412189 to the southeast of King William Road and south of Lorneville Road. The attached Rezoning Application Map delineates these lands. This application is to rezone these lands from the Medium Industrial (IM) and Rural (RU) zones to the Green Energy (GE) Zone. In the Municipal Plan, these lands are designated as Heavy Industrial and Rural Resource. The following attachments are included in support of this application: • Attachment 1: General Application Form and Council Application • Attachment 2: Rezoning Application Map • Attachment 3: Proof of Encumbrances on Lands • Attachment 4: Project Brief These are provincial Crown lands held by the Minister of Energy and Resource Development. Saint John Energy currently holds a License of Occupation for these lands. This license is currently in the process of being assigned to Natural Forces. Authorization for this application has been given by Craig Parks, the Director of Crown Lands of the Department of Energy and Resource Development of New Brunswick, who is a designated signatory for the Minister. This authorization is included in the Authorization section of the attached Council Application. Because of the disturbed, industrial nature of these lands, this site is well -suited for wind energy development. Further project information can be found in Attachment 4. This includes a project overview, siting and environmental considerations, permitting process, and public consultation details. The EIA for this project was registered with the province on February 18, 2020. Natural Forces previously submitted to the City of Saint John a rezoning application that included a proposed 10-turbine layout. While Natural Forces still believes these to be strong locations for wind turbines, after additional studies Natural Forces is now considering other areas within the Crown land license that are sufficiently far from residences for alternate turbine locations. These are conceptual locations. The final turbine layout will be submitted as part of the Development Permit application to the City of Saint John. Our intention is that this application be reviewed at the PAC meeting in July 2020 and thereafter at a Public Hearing at a Common Council meeting in August 2020. If any additional information is needed, please do not hesitate to reach out to me. Sincerely, Meg Morris Development Officer Natural Forces 1IIIIag, e Attachment 1: General Application Form and Council Application Form `E:ic3 LOCATION CIVICADD 4001 King William load HERITAGE AREA: Y / INTENSIFICATION AREA: PID#: 00412189 Y / FLOOD RISK AREA: Y / lC APPROVED GRADING PLAN: Y / N LU Ln I— APPLICATION#: 20-132 DATE RECEIVED: RECEIVED BY: `� °°°°°°. APPLICANT EMAIL PHONE Natural Forces (Meg Morris) mmorris@naturalforces.ca 902-422-9663 z 0 MAILING ADDRESS POSTAL CODE 1205-1801 Hollis St. Halifax, NS 133J 3N4 CONTRACTOR EMAIL PHONE 0 Z - MAI LING ADDRESS POSTAL CODE Z a U J OWNER EMAIL PHONE a a Q MAILING ADDRESS POSTAL CODE PRESENT USE: PROPOSED USE: Wind Energy Development BUILDING PLANNING INFRASTRUCTURE HERITAGE QINTERIOR RENOVATION NEW CONSTRUCTION VARIANCE DSTREET EXCAVATION HERITAGE DEVELOPMENT Q EXTERIOR RENOVATION []ACCESSORYBLDG []PLANNING LETTER ®DRIVEWAY CULVERT HERITAGE SIGN JADDITION POOL FZIPACAPPLICAT10N ®DRAINAGE HERITAGE INFILL Q DECK DEMOLITION �COUNCILAPP 1:1WATER SEWERAGE HERITAGE DEMO Y RCHANGEOFUSE SIGN ❑SUBDIVISION OTHER ❑OTHER V EIMINIMUM STANDARDS OTHER OTHER Re -zoning those portions of the Crown land 2arcel with PID 00412189 to the southeast of Kin William Road and south of Lorneville Road to Green Energy (GE). Current zoning is a 0 � 3 c.� W Ell consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John will not share your personal information with any third parry without your express consent. The legal authority for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy Act. For further information or questions regarding the collection ofpersonal information, please contact the Access & Privacy Officer: City Hall Building, 81h Floor -15 Market Square; Saint John NB E2L IE8 �'� crrasirrlaaoa lrwk,�a?,+�rprshl rcdasa r„„,,cr (506) 658-2862 I, the undersigned, hereby apply for the permit(s) or approvallsj, indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By4aws and conditions imposed. Meg Morris Applicant Name tl` Applicant Signature July 3, 2020 Date Council Apolication Div, i", int Sho �.��"l.°I � �;��tltl�I��Y IL��EL�:�tl�Etl°�11'��P�✓I�°: CIVIC' ADDRESS King William Road APPt_1CATION SEE P' 6D Y N TYPE.OFAIPPLICATVON Land for Public Purposes Non -Conforming Use Satisfactory Servicing Release Service Fee: $200 Service Fee: $200 Service Fee: $300 Section 39 Amendment W1 Zoning By-law Amendment ❑ Zoning By-law Amendment with Service Fee: $2,500 Service Fee: $2,500 a Municipal Plan Amendment Service Fee: $3,500 PlEr , D.DESCRIPTIOROF APPLICATION 6llihere epplicabie, Indccate:the changes to existing SectieNS9 conditions, zphing, `nor Munk%pal Plan desigrratlorb being requested.,, Aftay� site plans, building; elevations, floor plans„ and other documentationto fully describe the application. 'The submission of q pfeljm'ip;ar,y !Dormant proposal o and a re8Ap l � foo Meetingis ormatipn ra pd prior to seeking Appr�ovat please contact the .One- rtop Re-zoningthose portions of the Crown land Darcel with PID 00412189 to the southeast of Kin William Road and to the south of Lorneville Road to Green Energy (GE). Current zoning is a com Ina ion of medium industrial (IM3 and Ruralis rezoning is Tor the Esurchill VVindrojec , Proiect Brief. `ENCWBRANCES , Describe ;any asements, restt J iti`e.p®v6hants,?nd other enctf"bmn!cesffecting,tbejand, - Quarry at 1035 Burchill Rd. (May 2008, land use agreement attached) Saint John industrial Parks Ltd. Utility ig oT Wayto Quarry at 1035 Surchillune ZU1U, Urantot KoVVattached) - Irving Oil Ltd. Pi eline - City of Saint John water main AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional info tion that will be necessary for this application. le 11 11 Z' Registered Odor Authorized Agent Additional Registered Owner July 2, 2020 Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Council Application Form 20/01/2017 Attachment 2: Rezoning Application Map Burchill Wind Project Rezoning Application Legend ® Conceptual Turbine Locations ® Telecommunication Towers o Residences ® Industrial Buildings ® Spruce Lake Industrial Park - Existing Electrical Infrastructure - - Pipeline (owned by Irving) ------ Watercourses Wetlands Land Parcels 1000 in Setback from Residences Crown PID 00412189 Existing Green Energy (GE) Zone Re -zoning Request Area Notes 1) The turbine locations Indicated here are conceptual and if pursued would be subject to all ongoing permitting, including EIA. N A 0.4 0.8 L6 Kilometers 1:25,000 Spatial Reference: WGS 1984 UTM Zone M Date: 2020-07-03 ;N, Attachment 3: Proof of Encumbrances on Land `E:1:3 In , g2(�fl63 PID # 00412189 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN MAY 0 9 2008 I, ELIZABETH GORMLEY, of The City of Saint John in the County of Saint John and Province of New Brunswick, DO HEREBY CERTIFY:- 1. That I am the Common Clerk of the said City of Saint John, 15 Market Square, P.O. Box 1971, Saint John, N.B. E21- 41-1 and as such have the custody of the minutes and records of the Common Council of the said City of Saint John and of the Common Seal of the said City. 2. That hereto attached and marked "A" is a copy of a resolution adopted pursuant to Section 39 of the Community Planning Act (Chapter C-12, R.S.N.B. 1973) at a meeting of the Common Council of The City of Saint John held on the 28th day of April, A-D. 2008_ 3. That the resolution identified in the immediately preceding paragraph applies to land identified by PID Number 00412189 and which land is apparently owned by: City of Saint John, P.O. Box 1971, Saint John, NB E21- 41-1 and Province of NB, P.O. Box 6000, Fredericton, NB E313 5H1. 4. That I have carefully compared the said resolution with the original and the same is a true copy thereof. A.D. 2008. D A T E D at The City of Saint John on the 8h day of May, IN TESTIMONY WHEREOF, I, the said Common Clerk of The City of Saint John have hereunto affixed the Common Seal of the said City the day and year first hereinbefore written. lizabeth Gormley Common Clerk 189 "RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the establishment and operation of a quarry on a parcel of land having an area of approximately 17 hectares, located at 1035 Burchill Road, also identified as being a portion of PID Number 00412189, be subject to the condition that, in addition to the requirements contained in Section 680(10)(d) of the Zoning By-law, the elevation of any disturbed portion of the site after excavation shall be no less than 50 metres above sea level." "4Mq51 bw t L.;nw m-y Weed orUWC nUvUNJGM nisia 1d Rai+:ureau d R r uu rwW de Sint rJ n. N.=a—aru:)ewick - t A*),St 190 p?0 W)40( JIM 0 3 2010 ('S', 07 S-1 Burdened Parcel: PID 00412189 Benefitted Parcel: PID 55193908 GRANT OF RIGHT-OF-WAY BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK as represented by the Minister of Business New Brunswick (the "Grantor') OF THE FIRST PART AND: SAINT JOHN INDUSTRIAL PARKS LTD., a body corporate, under the laws of the Province of New Brunswick, having its Head Office at P.O. Box 1971, Saint John, New Brunswick, (the "Grantee") OF THE SECOND PART WHEREAS, the Grantor is the owner of certain lands and premises situate, lying and being in the City of Saint John and Province of New Brunswick, more particularly identified as New Brunswick PID 00412189 (the "Grantor Lands"), AND WHEREAS, by way of transfer from the Grantor of even date herewith, the Grantee is the owner of certain lands and premises situate, lying and being in the City of Saint John and Province of New Brunswick, more particularly identified as New Brunswick PID 55193908, (the "Grantee Lands), AND WHEREAS the Grantor has agreed to grant to the Grantee a right-of-way over the Grantor Lands, such that the Grantee will have a legal access across the Grantor Lands in order to gain access to the Grantee Lands, AND WHEREAS, the Grantor and the Grantee have caused a plan to be completed showing the location and limits of the 8.0 meter wide right-of-way extending from the northerly limits of King William Road across the Grantors Property to the southerly boundary line of the Grantee Lands (the "Plan"), which Plan is attached hereto as Schedule "A", NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants, agreements, rights and privileges herein contained and for such other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged) the Grantor grants to the Grantee, its successors and assigns, a free and uninterrupted right-of- way for purposes of ingress and egress in favour of the Grantee, its successors and assigns, its agents, servants, workman and all other authorized persons and with or without vehicles, in, over, upon and along the right-of-way more particularly described in Schedule "A" hereto annexed, the said granted right-of-way, for ingress and egress, to be used by the Grantee, its successors and assigns, in common with the Grantor, his heirs and assigns and all other persons lawfully entitled to use the same. 191 The Grantor and the Grantee, being the parties to this Grant of Right -of -Way agree that either the Grantor or the Grantee shall have the right to install and maintain in, along and upon the herein granted Right -of -Way such utilities as are necessaryfor the proper use and enjoyment of the Grantor Lands and the Grantee Lands. Nothing herein shall be deemed to be a covenant on the part of the Grantor to construct, maintain or repair any roadway or passageway of any sort on the lands referred to in Schedule "A" or to contribute to the cost thereof. This Agreement shall enure to the benefit of and be binding uponjh�Warties hereto, and their respective successors and assigns. J DATED at 1 ^ hn , New Brunswick this SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF ,,Z4tness ) He SAINT JOHN'IND LTD. IIF•N ja wght F NEI. lteWby N �V►dClti fr�G, JUUI�@ji ♦1 r.�pr": ' US;, IAL PARKS 192 Schedule A — Riciht of Way WT W-01 8.0 m VADE RIGHT—OF—WAY IN FAVOUR OF LOT H.SI.ESS nEW wEx M-1 tbrra 1 n 193 PROVINCE OF NEW BRUNSWICK I, of the City of Fredericton, in the County of York and Province of New Br wick, MAKE OATH AND SAY: 1. I am an Executive Secretary with the Department of Business New Brunswick, and have a personal knowledge of the matter and things herein deposed to. 2. The within Instrument was executed by the Honourable Victor Boudreau, Minister of Business New Brunswick of the Province of New Brunswick; that the signature of Victor Boudreau set and subscribed to the said Instrument as that of the Minister of Business New Brunswick is the signature of the said Victor Boudreau and was subscribed thereto in my presence. SWORN TO at the City of Fredericton in the County of York and Province of New Brunswick this _4L_ day Of (k r 2010 BEFORE ME: A mmissioner o Oaths My Commission Expires on JOANNE SAULNIER COMMISSIONER OF OATHS MY APPOINTMENT EXPI ES OPT DECEMBER 31. �, COMMISSAIRE AUX SERMENTS MA NOMINATION EXPIRE LE 31 DECEMBRE, 194 PROVINCE OF NEW BRUNSWICK I, Yvon G. LeBlanc, Q.C., of Shediec, in the County of Westmorland and Province of New Brunswick, make oath and say: 1. That I am the Deputy Attorney General and Deputy Minister of Justice and Consumer Affairs of the Province of New Brunswick and have custody of the Great Seal of the said Province. 2. That the seal affixed to the foregoing instrument is the Great Seal of the Province of New Brunswick, and was affixed to the said instrument at my direction. SWORN TO at the City of Fredericton, in the County of York and Province of New Brunswick, this _.,21 day of 2010 BEFORE ME: L L� - CoVnmissioner of Oaths My commission expires Donna O rmW CWM*S1MW of 08ft MY Comml Wm EgWw December 31, 2015 195 AFFIDAVIT OF CORPORATE EXECUTION Deponent: J. Claude MacKinnon c/o 15 Market Square, Saint John, NB E2L 41_1 Office Held by Deponent: President Corporation: SAINT JOHN INDUSTRIAL PARKS LTD. Other Officer Who Executed the Instrument: Office Held by Other Officer Who Executed the Instrument: Place of Execution: Date of Execution: Ivan Court c/o 15 Market Square, Saint John, NB E2L 41-1 Vice -President Saint John. New Brunswick May / %, 2010 I, J. Claude MacKinnon, the deponent, make oath and say: 1. That I hold the office specified above in the corporation, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me, J. Claude MacKinnon, and Ivan Court as the other officer specified above, duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by order of the Board of Directors of the corporation; 4. That the instrument was executed at the place and on the date specified above; 5. That the ownership of a share of the corporation does not entitle the owner thereof to occupy the parcel described in the attached instrument as a marital home. SWORN TO at City of Saint John in the County of Saint John, Province of New Brunswick, on the lt__ day of May, 2010 BEFORE ME: �C. . Commissioner of Oaths, Being a Solicitor 2MY J. C:Igyde MacKinn n xj"Itv g mwuwe jWwa ow w bctunent est i : x LW in VM dkxs6 2: r map ...,....;crdyRcglitry ��or�strarrwrr.�.:.f.%a JUN 0 32010 / 5-' 07 d i7 U6 196 — 30(1-), SEP 2 0 2011 PID # 00412189 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, ELIZABETH GORML.EY, of The City of Saint John in the County of Saint John and Province of New Brunswick, DO HEREBY CERTIFY:- 1. That I am the Common Clerk of the said City of Saint John, 15 Market Square, P.O. Box 1971, Saint John, N.B. E21- 41-1 and as such have the custody of the minutes and records of the Common Council of the said City of Saint John and of the Common Seal of the said City. 2. That hereto attached and marked "A" is a copy of a resolution adopted pursuant to Section 39 of the Community Planning Act (Chapter C-12, R.S.N.B. 1973) at a meeting of the Common Council of The City of Saint John held on the 12th day of September, A.D. 2011. 3. That the resolution identified in the immediately preceding paragraph applies to land identified by PID Number 00412189 which land is apparently owned by: N.B_ Economic Development and Tourism, PO Box 6000, Fredericton, N.B., E313 5H1. 4. That I have carefully compared the said resolution with the original and the same is a true copy thereof. D A T E D at The City of Saint John on the 19th day of September, A.D. 2011. IN TESTIMONY WHEREOF, I, the said Common Clerk of The City of Saint John have Wi6elato affixed the Common Seal of the said ylh,�e ay and year as written above. Gormley Clerk 197 "RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land located adjacent to 1035 Burchill Road having an area of approximately 28.5 hectares, also identified as being a portion of PID Number 00412189, be subject to the following conditions: a. In addition to the requirements contained in Section 680(10)(d) of the Zoning By -Law, the elevation of any disturbed portion of the site after excavation / extraction shall be no less than 50 metres above sea level; b. That any stockpiling of material within the water main easement and excavation within or around the easement that may compromise the integrity of the water main be prohibited; c. That the applicant's engineering consultant must verify that the blasting activity will not affect the integrity of the existing water transmission main; d. The required security in accordance with Section 680(5)(b) of the Zoning By -Law be set at $20,000; e. The buffer along the southern portion of the existing excavation site (PID 55193908) be reinstated within 2 years using coniferous trees in accordance with a plan subject to the approval of the Development Officer; f. That the plans required to accompany the excavation permit application in accordance with Section 690(4xi) of the Zoning by -Law, be subject to the approval of the Development Officer prior to the issuance of the Excavation Permit, and that these plans show the extent of the site to be cleared in conjunction with the phased development of the site and the location of processing equipment and stockpiles." t ce" thatthis instrument J'slteate qus o* InsMent eet is registered or filed In the sn egis" ou d6pos6 au bureau _ID de ronteyrstremsrd du Comt6 de County Roo" ofll�e, � � at ' 01,_Q_._ NewBnrnswlck Nouveau -Brunswick g 2011 a Bme eum nuns mmko � sbaPConse►v ur 198 "-043(,�3 NOTICE OF TRANSFER AND VESTING O9;SI AVIS DE TRANSFERT ET DE DEVOLUTION Opportunities New Brunswick Act, S.N.B. 2015, c.2, s. 56 Loi constituant Opportunites Nouveau -Brunswick, L.N.-B. 2015, ch. 2, art. 56 Land Titles Act, S.N.B. 1981, c.L-1.1 Loisurl'enregistrementfoncier, L. N.-B. de 1981, chap. L-1.1 RegistryAct, R.S.N.B. 1973, c. R-6 Loi surl'enregistrement, L.R.N.-B. 1973, ch. R-6 TAKE NOTE THAT effective March 15, 2015, under subsection 51(2)(b) of the Opportunities New Brunswick Act, S.N.B. 2015, c.2, all title to and interests in all the real property, located in industrial parks, of : SACHEZ u'en date du 15 mars 2015 et qu'en vertu du paragraphe 51(2)(b) de la Loi constituant Opportunites Nouveau -Brunswick, L.N.-B. 2015, chapitre 2, tout droit de propriete du titre et tout interet dans biens reels clans les pares industrielles de : Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Economic Development/ Sa Majesty la Reine du chef de la province du Nouveau -Brunswick, representee par le ministre du Developpement economique Chancery Place/Place Chancery 3rd Floor/3e Etage P. O. Box/C.P. 6000 Fredericton, NB E3B 51-11 being the real property listed in Schedule A to this Notice, are now held in the name of: etant les biens reels enoncees a I'annexe A de cet avis, sont desormais etablis au nom de la: Regional Development Corporation/Societe de developpement regional Chancery Place/Place Chancery 3fd Floor/3e Etage P. O. Box/C.P. 6000 Fredericton, NB E313 5H1 Date: 2016-03-11 I certify thatthls Instrument 1'atteate quo cot Instrument Nt Is re@; coed or 91ed In tho d rmglotr6 n6ent du u bummth d Comely ROOWY Office, NewByunffiak Nouvesu•Brunswkk REGIONAL DEVELOPI_glkj',""gal CORPORATION/SOCEop�° -; DEVELOPPEMENT 'EU}UNAL d , Ann Marie Wood -Seems, Vice- President/Vice-presidente 199 Schedule/Annexe A PID ; YN.I.D. ern - - Count 7ComW 1221035 Registry Charlotte 15105612 Registry Charlotte 1221795 Registry Charlotte 1233915 Registry Charlotte 1234608 Registry Charlotte 1235100 Registry Charlotte 1235522 Registry Charlotte 15033400 Registry Charlotte 15105604 Registry Charlotte 15038037 Registry Charlotte 15105596 Registry Charlotte 15106263 Registry Charlotte 45093622 Registry Queens 45029212 Registry Queens 60129442 Registry Sunbury 60022837 Registry Sunbury 60024148 Registry Sunbury 60024247 Registry Sunbury 60024304 Registry Sunbury 60025194 Registry Sunbury 60025202 Registry Sunbury 60025210 Registry Sunbury 60025236 Registry Sunbury 60025384 Registry Sunbury 60025491 Registry Sunbury 60095981 Registry Sunbury 55155337 Registry Saint John 412189 Registry Saint John 882001 Registry Westmorland 835967 Registry Westmorland 20395596 Registry Gloucester 20395695 Registry Gloucester 20395760 Registry Gloucester 20395778 Registry Gloucester 20395786 Registry Gloucester 20396040 Registry Gloucester 20557021 Registry Gloucester 20557047 Registry Gloucester 20378915 Registry Gloucester 20391090 Registry Gloucester 20391520 Registry Gloucester 200 Form/Formule 45 AFFIDAVIT OF CORPORATE EXECUTION/ AFFIDAVIT DE PASSATION D'ACTE PAR LINE CORPORATION Land Titles Act, S.N.B. 1981, c.L-1.1, s. 55 Loi surPenregistrement foncier, L. N.-B. de 1981, chap. L-1.1, art. 55 Deponent/Signataire: Ann -Marie Wood -Seems Chancery Place/Place Chancery 3rd Floor/3e Etage P. 0. Box/C.P. 6000 Fredericton, NB E3B 5H1 Office Held by Deponent! Poste occupy par le signataire: Vice-President/Vice-pr6sidente Corporation: Regional Development Corporation/Societe de d6veloppement r6gional Place of Execution/ Lieu de la passation: Fredericton, New Brunswick Date of Execution/ Date de la passation: 2016-03-j I, the deponent, make oath and say: 1. That I hold the office specified above in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me as the officer duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation has been affixed to the attached instrument by order of the board of directors of the corporation; 4. That the instrument was executed at the place and on the date specified above; 5. That the ownership of a share of the corporation does (not) entitle the owner thereof to occupy the parcels described in the attached instrument as a marital home. SWORN TO at the City of Fredericton in the County of York and in the ProvincWf New Brunswick this*nay of March, 2016, BEFORE ME: Ann Marie Wood -Seems A Commissioner of Oaths 201 Apparent PlDs: 00412189, 55155337 FORM A13 Standard Forms of Conveyances Act, S.N.B. 1980, c. S-12.2, s.2 The parties to this deed are: REGIONAL DEVELOPMENT CORPORATION Chancery Place, 3rd Floor, 675 Queen Street, Fredericton, NB E3B 51-11, the "grantor" - and - HER. MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK as represented by the MINISTER OF ENERGY AND RESOURCE DEVELOPMENT, Hugh John Flemming Forestry Centre, 1350 Regent Street, Fredericton, New Brunswick E3C 2G6, the "grantee" The recitals attached as Schedule "D" form part of this Deed. The grantor conveys in fee simple to the grantee, the parcel described in Schedule A attached hereto. Dated the _A_ day of 2019 REGIONAL DEV CORPORATION Helene Bouchard, I m9k dW ttds k *-a t 8ab to qua at wftm "I W regMered orOW a ttre a MkW ou dipol au bulaau u—z.• JoA, Mlle" du coft de wick oua�e n1 U strarvateur 202 SCHEDULE A PARCEL 1 Apparent PID 00412189 All that certain lot, piece or parcel of land situate, lying and being in the Parish of Saint John, County of Saint John and Province of New Brunswick bounded and described as follows: Beginning at a point on the easterly side of King William Road where the southwesterly corner of Parcel 4 as shown on plan 61, Drawer 7 registered in the Saint John County registry office meets the same; Thence easterly along the southerly side of the said Parcel 4 a distance of 275 meters, more or less, to the northwesterly corner of Parcel B as shown on plan 127, File 49 registered in the Saint John County registry office on July 9, 1971; Thence southerly along the westerly side of the said Parcel B a distance of 3500 meters, more or less, to the ordinary highwater mark of the Bay of Fundy; Thence westerly along the ordinary highwater mark of the said Bay of Fundy, following the various courses thereof, a distance of 3150 meters, more or less to a lot of land now or formerly owned by New Brunswick Transportation Authority; Thence northerly along the easterly side of the said New Brunswick Transportation Authority lot a distance of 140 meters, more or less, to the northeasterly corner thereof; Thence westerly along the northerly side of the said New Brunswick Transportation Authority lot a distance of 90 meters, more or less, to the northwesterly corner thereof; Thence southerly along the westerly side of the said New Brunswick Transportation Authority lot a distance of 140 meters, more or less, to the ordinary highwater mark of the Bay of Fundy; Thence westerly along the various courses of the Bay of Fundy a distance of 900 meters, more or less, to the easterly side of a lot of land now or formerly owned by the New Brunswick Power Corporation; Thence northerly along the New Brunswick Power Corporation lot a distance of 50 meters, more or less, to the southwesterly corner of lot 2013-1 as shown on plan 33852030 registered in the Saint John County registry office on June 11, 2014; Thence 50 degrees 14 minutes 10 seconds along the southerly side of the said lot 2013-1 a distance of 121.46 meters to a point; Thence 358 degrees 45 minutes 30 seconds a distance of 100.9 meters to a point; Thence 7 degrees 38 minutes 50 seconds a distance of 137.23 meters to a point; Thence 355 degrees 19 minutes 20 seconds a distance of 51.8 meters to a point; Thence 324 degrees 36 minutes 53 seconds a distance of 55.48 meters to a point on the southeasterly corner of lot 2013-1 as shown on plan 16733363 registered in the Saint John County registry office on January 30, 2003; Thence 324 degrees 34 minutes 40 seconds a distance of 114.45meters to a point; Thence along a curve having a radius of 222.52 meters an are distance of.27.71 meters to a point; Thence 317 degrees 26 minutes 30 seconds a distance of 33.47 meters to a point; Thence along a curve having a radius of 112.82 meters an arc distance of 77.47 meters to a point; Thence 356 degrees 47 minutes 00 seconds a distance of 37.98 meters to a point; Thence along a curve having a radius of 415.76 meters an arc distance of 57,83 meters to a point; Thence 236 degrees 45 minutes 30 seconds a distance of 448.33 meters to the easterly side of lot 89-1 as shown on plan 200553 registered in the Saint John County registry office on October 8, 1997; 203 SCHEDULE A (cont'd) Thence 323 degrees 37 minutes 40 seconds a distance of 144.78 meters to the northeasterly corner of the said lot 89-1; Thence 295 degrees 51 minutes 00 seconds a distance of 525.48 meters to the northeasterly corner of Parcel D as shown on plan 4, Drawer 8 registered in the Saint John County registry office on March 22, 1974; Thence 205 degrees 51 minutes 00 seconds a distance of 201.17 meters along the said Parcel D to an angle therein; Thence 237 degrees 00 minutes 00 seconds a distance of 251.55 meters to a point on the easterly side of a lot of land now or formerly owned by the Nature Conservancy of Canada; Thence in a northerly direction following the various courses of the boundary of the said Nature Conservancy of Canada lot a distance of 3500 meters, more or less, to a point on the westerly side of a lot of land now or formerly owned by the City of Saint John; Thence southeasterly along the westerly side of the said City of Saint John lot a distance of 50 meters, more or less, to the southwesterly corner thereof; Thence northeasterly along the said City of Saint John lot a distance of 3550 meters, more or less, to the southwesterly side of Parcel 2 as shown on plan 61, Drawer 7 filed in the Saint John County registry office on December 12, 1973; Thence southeasterly along the said Parcel 2 a distance of 425 meters, more or less, to the northeasterly side of lot 01-01 as shown on plan 12196839 registered in the Saint John county registry office on June 5, 2001; Thence 279 degrees 27 minutes 30 seconds a distance of 387.51 meters, more or less, to the northeasterly corner of lot 04-01 as shown on plan 19296038 registered in the Saint John County registry office on October 19, 2004; Thence 233 degrees 32 minutes 10 seconds a distance of 447.49 meters to a point; Thence 143 degrees 32 minutes 10 seconds a distance of 143.44 meters to the southwesterly corner of the said lot 04-01; Thence 186 degrees 28 minutes 29 seconds a distance of 220.008 meters to a point; Thence 101 degrees 27 degrees 36 minutes a distance of 326.182 meters to a point; Thence 189 degrees 27 minutes 48 seconds a distance of 276.327 meters to a point; Thence 101 degrees 27 minutes 36 seconds a distance of 267.669 meters to the southeasterly corner of lot 09-2 as shown on plan 27509273 registered in the Saint John County registry office on July 28, 2009; Thence 26 degrees 48 minutes 22 seconds a distance of 485.2 meters to a point; Thence along a curve having a radius of 530.378 meters an arc distance of 64.426 meters to the southeasterly side of Paddys Hill Drive; Thence northerly along the easterly side of Paddys Hilt Drive a distance of 250 meters, more or less, to the westerly side of King William Road; Thence easterly crossing the said King William Road to the southwesterly corner of Parcel 4 as shown on plan 61, Drawer 7 registered in the Saint John County registry office on December 12, 1973 to the point of beginning. SAVE & EXCEPT the following lots: That portion of the King William Road that crosses the above described lot; The property outlined in black as shown on plan 31, File 50 registered on August 17, 1971; Lot 08-1 as shown on plan 26071267 registered on August 29, 2008; Lot 05-01 as shown on plan 26132168 registered on September 10,2008; 204 SCHEDULE A (cont'd) Lot 10-1 as shown on plan 28634195 registered on April 26, 2010; Lot 11-1 as shown on plan 30450093 registered on August 10, 2011; Parcels A and B as shown on plan 30818034 registered on November 8, 2011; and Lot 17-1 as shown on plan 37373504 registered on September 14, 2017. PARCEL 2 Apparent PID 55155337 All that certain lot, piece or parcel of land situate, lying and being in the Parish of Saint John, County of Saint John and Province of New Brunswick being shown as "remnant of Lot 01-04" on Subdivision Plan "Spruce Lake Industrial Park Subdivision, King William Road" dated February 22, 2005, approved by the City of Saint John Development Officer on September 6, 2005 and registered in the Saint John County Registry on September 9 2005 as Plan Number 20926987. 205 SCHEDULE D WHEREAS by Order -In -Council 2019-68, dated April 4, 2019, Regional Development Corporation was authorized to convey the lands described in Schedule A to this Deed to Her Majesty the Queen in right of the Province of New Brunswick as represented by the Minister of Energy and Resource Development. 206 PROVINCE OF NEW BRUNSWICK I, H6I6ne Bouchard, of in the County of York and in the Province of New Brunswick, MAKE OATH AND SAY: 1. That I am the President of REGIONAL DEVELOPMENT CORPORATION ("the Corporation") and have a personal knowledge of the matters and things herein deposed to and have authority to make this Affidavit on behalf of the said Corporation. 2. That the President is the authorized signing officer to execute documents in the name and on behalf of the said Corporation. 3. That the signature " H6I6ne Bouchard" is in the proper handwriting of me this deponent, as President of the said Corporation. 4. That the Seal affixed to the said Instrument is the corporate seal of the Corporation and was so affixed by order of the said Corporation for the purposes of the execution of the said Instrument. 5. The said Instrument was so executed by the said Corporation on the day of i 2019 as and for its act and deed for the uses and purposes therein expressedJand contained. SWORN TO, BEFORE ME, at the City of Fredericton, in the County of York and in the Province of New Brunswick, this I day of JA A 1 2019. ALA M A Commissioner of Oaths JUL.IE M. GIONET Commissioner of Oaths My Commission Expires December31, 2! Alw Nuivi H6I6ne Bouchard 207 Attachment 4: Project Brief W91-13 PROPOSED BL)RCHILL, WIND PROJECT natu r-a I'�forc"ec-xs July 2020 I4el-111 aLH:hH[ \tfind Project .GUly 2020 Table of Contents 1.0 Project Overview......................................................................................................................................... 1 2.0 Considerations.............................................................................................................................................2 2.1 Wind Resource - Wind Monitoring Campaign........................................................................................ 3 2.2 Environmental Considerations................................................................................................................ 3 2.2.1 Protected Areas............................................................................................................................... 4 2.2.2 Wetlands and Watercourses...........................................................................................................4 2.2.3 Residential Areas.............................................................................................................................4 2.2.4 Archeological Surveys..................................................................................................................... 4 3.0 Permitting....................................................................................................................................................4 3.1 Environmental Impact Assessment......................................................................................................... 5 3.2 Proposed Project Timeline......................................................................................................................5 4.0 Public and Stakeholder Consultation and Engagement.............................................................................. 6 5.0 Closure.........................................................................................................................................................7 Tables Table 1: Coordinates of the Project site.................................................................................................................. 1 Table 2: Additional conceptual turbine locations................................................................................................... 3 Table3: Required Permits....................................................................................................................................... 4 Appendices Appendix A: Project Location Map Palo] LH c[ni.[[ \M nd Project Project I W[ of Introduction Natural Forces submitted a proposal to develop a wind energy project near Lorneville, NB in March 2019 to Saint John Energy as part of Saint John Energy's Request for Proposal (RFP) to acquire additional renewable energy sources for their energy supply. As part of this RFP, Natural Forces has proposed a project that consists of five (5) to ten (10) wind turbines with an installed capacity between twenty (20) and forty-two (42) MW, to be supplied to Saint John's electrical grid. Natural Forces was announced as the successful Proponent chosen to develop and operate this Burchill Wind Project on September 4, 2019. 1.o Project Overview The proposed project is called the Burchill Wind Project (the "Project"), and is sited on Crown land approximately 15 kilometers southwest from the City of Saint John near Lorneville and the existing Coleson Cove Generating Station. The regional location of the Project site is shown in Map 1 in Appendix A. The Project will make use of the existing Burchill Road for access as much as feasible and will consist of 5 to 10 turbines with a total installed capacity ranging between twenty (20) and forty-two (42) megawatts (MW). The Project is proposed to connect to the Saint John Energy electrical grid, and will require an on - site substation and interconnection infrastructure to be developed by Saint John Energy. Saint John Energy has secured an exploratory license of occupation over the Crown Lands (PID 00412189) being considered for the Project. This license is currently in the process of being assigned to Natural Forces. The secured lands allow for a variation of the turbine locations based on the findings and constraints of environmental studies and field surveys. There are several known mapped regulated wetlands on the site that are connected by small watercourses, which have been taken into consideration in the current proposed Project layout. A more detailed preliminary environmental screening is provided in the following sections. The Project area is known to have an energetic wind regime, largely due to its elevation. At the proposed turbine locations, elevations vary from 42 m to 74 m. The exact geographic location of the site is included in Table 1. Table 1: Coordinates of the Project site. Longitude & Latitude UTM Zone 19 Geographic site center 660 11' 59.13" W 450 10' 22.12" N 720037 m E, 5005963 m N For additional information on the proposed Burchill Wind Project, visit the project website at: ,hops:/.. :.nat.ura.lforces...ca .�a.rc.hiI.I j.n.d..:..rc a ct 1 211 Project I W[ of 2.0 Considerations Natural Forces has extensive knowledge and experience with respect to project site finding and the development of wind farms. There are many considerations to take into account when developing these types of projects and a detailed assessment of these considerations is ongoing to further refine the turbine locations to provide efficient renewable energy, while minimizing impacts on the community and environment. Natural Forces has used the lands chosen and secured by Saint John Energy for the early development proposal of this Project to develop the preliminary turbine layout following an internal review of the site. Natural Forces believes this Project site is attractive due, in no particular order, to its estimated wind resource, its elevation, and the industrial nature of the surrounding lands. The area has extensive industrial disturbances including a waterline, a pipeline, three communication towers, several gravel pits, several transmission lines, and the Coleson Cove Generating facility and its auxiliary buildings. On a site visit on a clear day, industrial sounds can be heard throughout the Project site lands. The following is a list of factors that have been considered during the Natural Forces site review: • Technical Considerations; 1. Sufficient wind resource; 2. Regional topography; 3. Proximity to existing electrical infrastructure; and, 4. Turbine technology. • Environmental Considerations; 1. Proximity to provincially regulated wetlands; 2. Proximity to residential dwellings or other sensitive buildings; 3. Sensitivity of flora & fauna; 4. Proximity to provincial or national parks and nature reserves; and, 5. Risk of archaeological resource disturbance. • Land use considerations; 1. Known culturally significant areas; 2. Current land use; 3. Future land use; 4. Available access to the land; and, 5. Proximity to residential properties, communities, and towns. The proposed locations of the turbines in the 10-turbine layout were previously submitted to the City of Saint John. While Natural Forces still believes these to be good locations for wind turbines, after additional studies Natural Forces is now considering other areas within the Crown land license that are sufficiently far from residences for alternate turbine locations. These conceptual locations are detailed in Table 2, along with their respective ground elevations and distance to nearest residential dwelling. The final turbine layout will be submitted as part of the Development Permit application to the City of Saint John. 2 PAN LH c[ni.[[ \M nd Project Project I W[ of �Uly 2020 The turbine model for this project has not yet been decided. The turbines being considered have hub heights that range from 120 m to 135 m. The tallest model being considered at this time has a total height, from ground to blade tip, of 205 m. Table 2: Additional conceptual turbine locations. Distance to Nearest Location Ground Elevation Residential Dwelling 45°11'18.92"N 38 m 1.36 km 66°10'33.67"W 45° 9'34.36"N 42 m 1.25 km 66°11'27.03"W Wind Resource - Wind Monitoring Campaign The New Brunswick Wind Atlas indicates the approximate wind speed at the Project site lands is within a range sufficient for wind farm development. The predominate wind direction is from the southwest, typical of Canada's east coast. The turbine locations have been optimized to account for this southwesterly wind direction in order to maximize the wind energy generation. Natural Forces has installed a meteorological mast, a SoDAR unit, and a LiDAR unit on site to collect detailed wind data specific to the site to assist in further refining the turbine locations to best capture the wind resource. Environmental Considerations The following studies have been included as part of the Environmental Impact Assessment (EIA) of the Project: • Predicted Environmental (physical, biophysical, and socio-economic) Impacts and Mitigation; • Shadow Flicker Impact Assessment; • Noise Impact Assessment; • Public Consultation & Stakeholder Consultation; and, • Rightsholders and First Nation Consultation. During the 2019 survey season, wetland, watercourse, and vegetation surveys were completed in proximity to the proposed infrastructure. The entirety of the Project site lands were surveyed for birds and bats during the 2019 survey season, and winter bird surveys were conducted in 2020. Surveys are continuing during the 2020 survey season. These surveys will include bird and bat monitoring, as well as any additional surveys required through the provincial EIA process. The EIA for the Project was registered with the province on February 18, 2020, the feedback from which will shape our remaining studies. The sections below provide a brief overview of some of the major studies included in the EIA. For more information, the full EIA is posted on the Project website and can also be accessed on the New Brunswick Department of Environment and Local Government website at this link: 3 i►h191 Project I W[ of hops.:/2.enb.caCcontentC nbCen/de�artmentsCelCenvironment/contentCenvironmental imnacta ( ssessment:153�.html ................................................................................................. Protected Areas A search of the GeoNB geographical data layers that identify federal and provincial parks, protected natural areas (PNA), and wildlife refuges, as well as the database for Important Bird Areas (IBA) was carried out to identify protected areas near the proposed Project site lands. The closest protected areas are the Musquash Estuary PNA, located just over 1 km west of the nearest proposed turbine location, and an IBA located approximately 5 km east of the nearest proposed turbine location. Wetlands and Watercourses A search of the GeoNB database also reveals known, regulated wetlands and watercourses within the Project site boundaries. Field surveys are continuing to verify the location of these areas, as well as unmapped wetlands and watercourses. 3 Residential Areas The Project is proposed in a rural location. The nearest community to the Project is Lorneville, New Brunswick. Preliminary noise and shadow flicker impact assessments have been completed to ensure minimal impact on nearby residents. These assessments show that the Project complies with noise and shadow flicker regulations determined by the Province for all residences. w Air-cdheollo icall ,Surveys An archeological walkover was conducted in 2019. There was no evidence of significant extent features in desktop surveys or in the field, however some areas do hold high potential for presence of significant archeological resources. Field surveys are continuing to take place during the 2020 season. Test pits will be dug near turbine locations and roads as recommended. 3.0 Permitting Table 3 includes a list of permits that will likely be required for the development and construction of the Project. Additional permits may be necessary and will be secured when required. Table 3: Required Permits Permit Permitting Authority Development Permit City of Saint John Archaeology Field Research Permit NB Department of Tourism, Heritage and Culture 4 i►�i[! Project I W[ of Permit Permitting Authority Environmental Impact Assessment NB Department of Environment and Local Government Work Within a Highway Right of Way NB Department of Transportation and Infrastructure Watercourse and Wetland Alteration Permit NB Department of Environment and Local Government Aeronautical Obstruction Clearance Permit Land Use Permit License of Occupation to Explore Crown Land Wind Farm Lease License of Occupation for Construction and Operation Work permit Transport Canada NavCan NB Department of Energy and Resource Development NB Department of Energy and Resource Development NB Department of Energy and Resource Development NB Department of Energy and Resource Development Cutting Permit NB Department of Energy and Resource Development Environmental Impact Assessment The New Brunswick Environmental Impact Assessment (EIA) legislation requires all proposed wind farms with a combined design production rating of 3 MW or more to conduct an EIA. As the Project will have an approximate nameplate capacity of 20-42 MW, an EIA is required. The EIA was completed and registered with the province on February 18t", 2020. Natural Forces has experience conducting EIAs for wind projects in New Brunswick. The EIA for the Project is being managed internally by the Natural Forces team. Natural Forces has held several meetings with the NB Environmental Assessment branch of the Department of Environmental and Local Government, as well as the Department of Energy and Resource Development to discuss the scoping and general regulation requirements for several of its proposed wind farm projects. The NB EIA Wind Turbine Specific Guidelines was followed in the preparing the EIA. Proposed Project Timeline The Project schedule activities are currently arranged into five (5) distinct phases. 5 PA aWchH[ \M nd Project Project I W[ of .[Uly 2020 1. Development Phase includes all development activities preceding the construction of the Project. These activities include the core of the main Project development tasks, including environmental field surveys, EIA writing, First Nation consultation, public consultation, wind resources assessment, site geotechnical work, and permitting. The engineering design and system and facilities impact studies that will be conducted by Saint John Energy are included in this phase. Saint John Energy initiated this phase in Q2 2019 and Natural Forces has taken over most development activities. 2. Pre -Construction Phase includes all pre -construction activities that often overlap the initial development activities for a project. Activities in this phase include preparing the financing arrangement for debt and equity, wind turbine supply negotiation, final site design, execution of the Facilities Study Agreement, tendering for all construction contracts, and final construction -related permitting. This phase is expected to run from Q3 2020 to Q4 2020. 3. Construction Phase includes all construction and commissioning activities. These activities range from tree clearing and grubbing, to road building, electrical works, foundation pouring, turbine delivery, turbine assembly, and final project commissioning. This phase is expected to run from Q3 2020 to Q4 2021, and includes the necessary network transmission upgrades that will be commissioned by Saint John Energy. The proposed Commercial Operation Date is set for Q4 2021. 4. Operational Phase includes all activities that occur during the operation of the wind project, once it has been commissioned. These range from post -construction monitoring, annual monitoring reports, remote monitoring of turbine performance, and maintenance. This phase is expected to run from Q4 2021 to decommissioning of the Project. 5. Decommissioning Phase includes all the activities that will occur to decommission the Project. These include the removal of the turbine materials and associated infrastructure to an appropriate underground depth, and the restoration of the site. Decommissioning activities will be planned a few months prior to the decommissioning date. This date may vary as the life of a wind turbine can be extended by replacing certain parts to safely produce additional energy after its original lifespan. Replacing turbine parts to maintain operation would also be dependent on the desire of Saint John Energy to purchase additional power from the project after the initial power purchase agreement term. 4.0 Public and Stakeholder Consultation and Engagement Natural Forces is committed to ensuring that the local community and all stakeholders are engaged in the Project. Natural Forces has prepared a Public Consultation and Communication Plan outlining the main consultation and communication activities that will be ongoing throughout the project to maintain transparency with stakeholders. These activities include: • Maintaining an up-to-date project website; • Hosting open houses in the community to provide information and accept feedback; • Engage in meetings with individuals, community groups, and businesses as requested; and • Send project updates to the project mailing list. 0 LH c[ni.[[ \M nd Project Project I W[ of .[Uly 2020 This Public Consultation and Communication Plan is a baseline that will be shaped by the feedback and requests received by stakeholders. The first Open House was held on September 24, 2019 and the second on March 10, 2020 at the Lorneville Community Center. A third Open House is being planned for the summer of 2020. Consultation has also been ongoing with regulatory bodies, community organizations, and the other users of this land. 5.0 Closure Natural Forces' proposal for the Burchill Wind Project consists of five (5) to ten (10) wind turbine generators capable of producing approximately 20-42 MW of renewable energy, which will displace electricity produced from fossil fuels. Consultation and engagement with a wide variety of stakeholders and rights holders will be continuous to gauge the full range of impacts and concerns of the Project. The following benefits are associated with the Burchill Wind Project: • Production of emission -free energy, which will displace energy produced from fossil fuels in New Brunswick and contribute to the growing renewable energy sector in Saint John; • Reduction of New Brunswick's contribution to anthropogenic induced climate change, which is putting our environment at serious risk; • Increased revenue for the local area through payment of annual property taxes; • Increased revenue for local businesses due to activities associated with the construction, operation and decommissioning phases of the Project; and, • Creation of additional employment in the region during the entire Project life. The Burchill Wind Project provides an excellent opportunity to transform a disturbed industrial site into a productive source of renewable energy, leading to increased source diversity while contributing to meeting increasing energy demands. Natural Forces is excited to develop this Project and looks forward to continue to work with stakeholders to garner community support for the Project. 7 PAN APPENDIX A: Project Locatiori Map PAF-11 Map 1 hnpvf Regional Location of Project Site I I'lo nMP NJ pq h S4d I J V 4 4 "!'J I Vtl ill ( 0 im &q k vo ",/d IdAllq NrtN"" A 'n ` I a 11 f 14 tAA 1� J, Aph '.tile!' Ian t / Uk 111001' "A kA*"' --1111H 1 01 1 , , , i, e i ,4 b,m r J13, Legend Project Site N 0 1.75 3.5 7 AKilometers 1:150,000 nMralfiIn( Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, 2 fqTI, Esri China (Hong Kong), swisstopo, @ OpenStreetMap contributors, and he GIs User Community p1wel ml W-adsildiao9i,giapiomau=adAisueil6idiao9�alejaueblldlOO,9JIOAWIJG6eUeLUIWOO- qo@juawAed'9jnoGsH:sdjjq Adoo lueqojeN issauisnq anon( jol nog( �ueqj 00,009,3 junowv ZZCoJo @POO JeAojddV !DNINOZ321 CIVMJ NVMIAA 9NN foot:uoijdijosa(i japio ZU00ZVd of JE)PJO tl900xxxxxxxxxxxx S30�10-4 ivjn-LVN lenueA lvc:z�:U E)Wli L00:01 wjai PJe:DJE)ISeN 0zleolLo POAoiddV - ejeS #jun000v GweN jewolsno POqIGA AJIU3 lu@wAed Jo poqlE)A area eo,uqofluies@dolsauo � G 6Z-999-909 jool -4 qjo � bS ja�lj e N 9 dOHS 1N3Nd0l3A3G dOiS 3NO uqor luies JO Ain Adoo lueqoj,?? 1 OZOZ191L BY-LAW NUMBER C.P. 1114 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: (a) Rezoning a parcel of land having an area of approximately 80.98 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Rural (RU) to Green Energy (GE); and (b) Rezoning a parcel of land having an area of approximately 55.21 hectares, located at 4001 King William Road, also identified as a portion of PID Number 00412189, from Medium Industrial (IM) to Green Energy (GE); - all as shown on the plan attached hereto and forming part of this by-law IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the X day of X, A.D. 2020 and signed by: Mayor/Maire ARRETE No C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: (a) Rezonage d'une parcelle de terrain d'une superficie d'environ 80.98 hectares, situee au 4001, chemin King William, et portant une partie des NIDs 00412189, de zone rurale (RU) a zones energie verte (GE), et (b) Rezonage d'une parcelle de terrain d'une superficie d'environ 55.21 hectares, situee au 4001, chemin King William, et portant une partie des NIDs 00412189, de zone industrie moyenne (IM) a zones energie verte (GE); - toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X 2020, avec les signatures suivantes Common Clerk/Greffier communal First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X 222 August 19, 2020 The City of Saint john. His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning 445 St. Martins Road On July 20, 2020 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 18, 2020 meeting. Ms. Dana Whitenect, the applicant, appeared before the Committee via video conference, and was in agreement with the Staff recommendation. Ms. Whitenect noted the demand for the daycare in the area and that the site allowed for the incorporation of natural elements into the site design and programming at the proposed facility. Mr. Jeffrey Ougler, an area landowner, appeared before the committee with questions regarding the proposed development including the number of children at the facility, the hours of operation, the site access location and permitted uses within the prosed Neighbourhood Community Facility (CFN) zone. Mr. Ougler also enquired about the distance between the proposed facility and his property. Ms. Whitenect noted the facility would operate year round on weekdays from 6:30 AM to 6:30 PM and could operate on weekends should the demand exist. She also noted access would be from St. Martins Road (NB Route 111) and the initial enrollment would be approximately 30 children with a targeted enrollment of 60 children within 5 to 10 years. Mr. Mark Reade, Senior Planner, noted the proposed Neighbourhood Community Facility (CFN) zone permits a range of institutional land uses such as daycares, arenas, fire stations, schools and supportive housing but does not permit commercial uses such as retail establishments. He also noted the proposed Page 1 of 2 223 Dana Whitenect 445 St. Martins Road August l9, 2020 facility would be located approximately 200 metres away from Mr. Ougler's property. Responding to a question from the Committee, Mr. Reade noted only an 8100 square metre portion of the site would be rezoned. No other persons appeared before the Committee, and no letters were received regarding the application. Upon considering the Staff report, and comments made by the applicant and area landowner, the Committee adopted the Staff Recommendation. RECOMMENDATION: That Common Council rezone a parcel of land having an area of approximately 8,100 square metres, located at 445 St. Martins Road, also identified as portions of PID Numbers 55071088 and 00356188, from Rural (RU) to Neighbourhood Community Facility (CFN). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 8,100 square metres, located at 445 St. Martins Road, also identified as portions of PID Numbers 55071088 and 00356188: (a) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and (b) The above elevation and site plans be attached to the building permit application for the development of the parcel of land. Respectfully submitted, ?Al7 N ndra Weaver Crawford Chair Attachments Page 2 of 2 224 The City of a inn John Date: August 14, 2020 To: Planning Advisory Committee From: Growth and Community Planning Growth and Community Development Services Meeting: August 18, 2020 SUBJECT Applicant: Dana Whitenect Landowner: Cody Millett Location: 445 St. Martins Road PID: 55071088 and 00356188 (portion) Plan Designation: Rural Resource Existing Zoning: Rural (RU) Proposed Zoning: Neighbourhood Community Facility (CFN) Application Type: Zoning By-law Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, September 14, 2020. Page 1 of 7 225 Dana Whitenect 445 St. Martins Road August 14, 2020 EXECUTIVE SUMMARY The applicant is proposing to rezone an 8,100 square metre site, in a rural area of the City, for a proposed daycare centre. The proposal conforms to the Municipal Plan and standards of the Zoning By-law and the site is an appropriate location for the proposed centre. Approval of the application is recommended subject to a Section 59 condition that will require site, landscaping, and building elevation plans to be provided. RECOMMENDATION That Common Council rezone a parcel of land having an area of approximately 8,100 square metres, located at 445 St. Martins Road, also identified as portions of PID Numbers 55071088 and 00356188, from Rural (RU) to Neighbourhood Community Facility (CFN). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 8,100 square metres, located at 445 St. Martins Road, also identified as portions of PID Numbers 55071088 and 00356188: (a) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; and (b) The above elevation and site plans be attached to the building permit application for the development of the parcel of land. DECISION HISTORY There are no previous decisions related to the subject property. ANALYSIS Proposal The applicant is proposing to rezone an 8,100 square metre portion of the subject property to Neighbourhood Community Facility (CFN) for the construction of a daycare centre. The facility will initially accommodate 30 to 40 children (aged 15 months to 5 years) with the potential to accommodate 60 children, including younger infants and an afterschool program, via an expanded facility. Seven staff would be employed at the facility with the initial phase. Page 2 of 7 226 Dana Whitenect 445 St. Martins Road August 14, 2020 An outdoor play area would be provided at the rear of the building, with open areas of the site providing additional areas for outdoor play and programming. In addition, a treed area at the rear of the site will be utilized for outdoor programming and nature trails for the facility. The proposed facility would operate from Monday to Friday between 6:30 AM to 6:30 PM. Site and Neighbourhood The site is on the western edge of the City and the municipal boundary passes through the site with the northern portion of the site located outside of the City. The surrounding area is largely a combination of larger undeveloped tracts of land and residential development. To the north of the subject site, cottages and dwellings are located along Haynes Lake. A convenience store and gas bar is located to the southwest of the subject site along St. Martins Road / NB Route 111. An area of residential development, within the Simonds Local Service District, is located to the west of the site. Lands in the surrounding area of the site, that are within the City boundaries, are zoned Rural (RU). Municipal Plan The site is designated Rural Resource in the Municipal Plan. These areas are envisioned to generally remain in their natural state, or, subject to regulation and required approvals, be used for appropriate resource uses. Policy LU-125, related to childcare facilities, generally provides for daycare facilities in all areas of the City. This can be interpreted as providing for the location of these facilities in all areas of the City including the Rural Resource area. Policy LU-125 notes that "...Childcare facilities for 16 or more children shall generally be located in the Primary Centres, Regional Retail Centres, Commercial Corridors, Local Centres, Stable Commercial Areas, appropriate locations within the Intensification Areas, and other such locations deemed acceptable by Council...." (emphasis added) A sample of daycare facilities located outside of the Intensification Areas established in the Municipal Plan are provided in Table 1. These provide precedents of comparable facilities that are not located in Intensification Areas. The applicant has indicated that integrating the site programming and activities with the natural environment are important considerations in the operation of the daycare. Site amenities, such as walking trails and outdoor play spaces are elements that can be provided, given the rural nature of the site, which cannot be provided on smaller sites in denser areas of the City. The proposed daycare will provide childcare opportunities in close proximity to the Treadwell Lake Rural Settlement area. This will contribute to the intent established in the Municipal Plan for this area to function as a complete community and add to the overall quality of life in the Treadwell Lake area. Page 3 of 7 227 Dana Whitenect 445 St. Martins Road August 14, 2020 Table 1 - Daycares Located outside of Intensification Areas Daycare Name Address Land Use Designation Cochran's Home Away From Home 1433 Loch Lomond Stable Daycare Residential Rhymes And Chimes Daycare 130 Golden Grove Road Stable Residential Rock A Bye Daycare 1 Baxter Road (Baxter Road / Golden Grove Rural Road intersection) Residential Tir Na Nog - Saint John Forest School 259 Foster Thurston Drive Rural Resource Staff also note that provision of childcare facilities support the economic development goals of the Municipal Plan as the provision of childcare spaces removes a barrier for persons to enter the workforce. An assessment of the proposal to the respective policies of the Municipal Plan is provided in Attachment 2. Based on this assessment, Staff are of the opinion the proposal conforms to the Municipal Plan. Rezoning and Subdivision A rezoning to Neighbourhood Community Facility (CFN) is proposed by the applicant to allow for the proposed daycare. The daycare facility would be located on an 8,100 square metre parcel as illustrated on the site plan provided in Submission 1. A paved parking area is immediately to the west of the building along with a fenced play area to the rear of the building. The proponent notes the size of the lot and surrounding rural context provides for the opportunity to incorporate the natural environment into the programming and activities at the facility through elements such as larger outdoor play areas and walking trails in wooded portions of the site. The proposed lot and development as detailed on the site plan conforms to the standards of the Zoning and Subdivision By -Laws. Staff note that daycare centres of this magnitude (30-60 children) are common within the City and have a broad geographic distribution throughout the various neighbourhoods within the City. A listing of centres with capacities of the magnitude proposed by the applicant is presented in Table 2 and a map showing the geographic distribution of these centres is provided in Attachment 3. In addition to the facilities presented in Table 2, many childcare facilities are co -located with existing schools, community facilities, or places of worship such as Seaside Park School (Havelock Street), Saint Rose School (Manawagonish Road), M. Gerald Teed School (Daniel Drive), the Saint John YMCA (Churchill Boulevard), and St. Mark's Church (Dexter Drive). Page 4 of 7 228 Dana Whitenect 445 St. Martins Road August 14, 2020 Table 2 — Larger Daycare Centres Daycare Centre Address Licensed Spaces' Cheryl's Home Away From Home Daycare 79 Edith Avenue 48 Family Ties 166 Tower Street 109 Hamilton Home style Daycare 70 Gault Road 79 Little Angles Daycare 815 Loch Lomond Road 50 Little Harvard 576 Havelock Street 60 531 Dunn Avenue 45 Living Waters 36 Mountain Road 76 Origins 99 Burpee Avenue 240 487 Woodward Avenue 43 567 Millidge Avenue 40 Rhymes And Chimes Daycare 130 Golden Grove Road 60 Rock A Bye Daycare 1 Baxter Road 60 Seawood Early Childcare Centre 659 Sand Cove Road 110 Source: Province of New Brunswick https://www.nbed.nb.ca/parentportal/en/search/elc/ Notes: 1. Facilities with over 60 spaces have multiple licenses. The site has limited transit service with the Loch Lomond transit route providing three trips a day to the area (morning peak, noon hour and afternoon peak). Although transit service to the site is limited, and no sidewalks exist along this section of St. Martins Road, the location and access are suitable for the proposed facility as it is located on a main route into and out of the City. This provides convenient access for parents travelling between home and work. Daycare facilities located in an urban environment, or collocated with a school, would have the ability to utilize nearby municipal parks and playgrounds for play areas and programming. The subject site is not in proximity to a municipal playground, with the closest playground located at the HOPE Centre (4349 Loch Lomond Road) located approximately 3.7 kilometres west of the site. The site plan for the proposed facility includes a play area to the rear of the building and information supplied by the applicant notes walking trails will be developed within the treed area at the rear of the site as additional outdoor play and programming space. This incorporates the rural, wooded nature of the site and provides a large area for outdoor play at the facility and as part of some of learning programs of the facility. Staff note the applicant has conducted a survey to determine the demand for the proposed daycare facility. The survey, conducted on social media in May 2019, provided 120 responses with the majority of respondents looking for a licensed full-time day care facility in the area. Survey respondents also expressed an interest in more flexible operating hours, and the provision of outdoor playtime in a natural environment. The closest facility is a daycare at the HOPE Centre, which provides part-time care with the closest full-time facilities located in east Saint John, Rothesay and Quispamsis. The applicant notes the proposed location is on a main entry roadway to the City, which provides the ability for patrons to drop their children off at the facility as part of their commute to work. Page 5 of 7 229 Dana Whitenect 445 St. Martins Road August 14, 2020 A Traffic Impact Study (TIS) was completed for the development and noted approximately 12 vehicles will enter and exit the proposed development in the morning and afternoon peak hours. The TIS concluded the proposed development would not affect traffic operations in the Study Area and no transportation network improvements are required to support the development. The proposed 15 parking spaces exceed the required by-law standard (1 space for 5 children) and would be adequate for the proposed scale of the facility (60 children). Staff have reviewed the TIS in the context of the future expansion and the findings of the study indicate post - development traffic operations that are forecast with the initial enrollment would not require an updated or amended traffic study for the proposed future increase of enrollment to 60 children. The proposed development will be serviced by an on -site well and septic system. The applicant has completed a storm water design report, which identifies the necessary storm water infrastructure for development of the site. This provides for post -development storm water flows from the site to meet pre -development levels in accordance with the requirements of the Drainage By -Law. In accordance with the Drainage By-law, the final report and storm water management plan will be required prior to issuance of the Building Permit. Construction and maintenance of the well and septic system is the responsibility of the applicant and must be done in accordance with Provincial requirements. Staff note additional approvals of large-scale unserviced development poses a degree of risk to the City in the event of a broad failure of wells or septic systems that could trigger an extension of municipal services. Licensed childcare facilities are regulated by the Province with inspections required by Public Heath and Department of Education and Early Childhood Development. The applicant will have to comply with all applicable Provincial Standards for the design and operation of the facility. The Province will require confirmation of the proper zoning prior to the issuance of a license for the childcare facility. Section 59 conditions are recommended requiring the preparation of detailed site, landscaping and building elevation plans by the developer for inclusion with the building permit application. Conclusion The proposed rezoning is supported by policies of the Municipal Plan and conforms to the requirements of the Zoning By-law. The development will be served by on -site septic and well systems and is appropriate given the surrounding context. The location and size of the lot also provide for elements of the natural environment to be incorporated into programming at the facility. Given this, the site is an appropriate location for the proposed facility. Approval of the application is recommended with the suggested Section 59 conditions. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were assessed. Page 6 of 7 230 Dana Whitenect 445 St. Martins Road August 14, 2020 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 August 6, 2020. The rezoning will be posted on the City of Saint John website on August 21, 2020. APPROVALS AND CONTACT Author Manager Deputy Commissioner/ Commissioner Mark Reade, P.Eng., MCIP, Kenneth Melanson , BA, RPP, Phil Ouellette, BA, MA RPP MCIP Jacqueline Hamilton, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 20-127 APPENDIX Map 1: Site Location Map 2: Future Land Use Map 3: Zoning Map 4: Aerial Photography Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Attachment 3: Distribution of Larger Daycare Centres Submission 1: Site Plan Submission 2: Elevation Plan Submission 3: Floor Plan Page 7 of 7 231 S?� 41 jo' )A/S J?O Site Location The City of Saint John Date: July 24, 2020 232 Dana Whitenee- 445 St. IMairtins Road 0 550 r y y .� .s ....... y , s . , \ � \ . % � % � .. ., � .. .. . .. \ 1'/b1l '2i\ �......� �� . 233 Dana W6mneU -445 St. Matins Road �y The Ciof Saint John &s 7®� Date: July 24, 2020 y\ < «9?§ ( -j % » (CFN) Neighbourhood Community Facility (EP) Environmental Protection (P) Park (RU) Rural (US) Utility Service Map 3 --Zoning Dana Whitenect - 445 St. Mar -tins Road 414ft�/41 V RI) I" "' I 01,129 6""""". "U" * Section 59 Conditions The City of Saint John Date: July 24, 2020 234 0 150 rn L --------- -- j The City of Saint Jahn 235 Date: July 24, 2020 Dana Whitened - 445 St, Mar -tins Road G Map 4B - Aerial Photograph The City of Saint Jahn 236 Date: July 24, 2020 Dana Whitened- 445 St, Martins Road 0 50 mG View of site looking west along St. Martins Road View from Range Road Looking East View of site looking east along St. Martins Road View from Range Road Looking West The City of Saint John Attachment 1Photography Date August 13-20 1 jili Dana Whitenect - 445 St. IMairtins Road 37 Attachment 2: Municipal Plan Policy Review — 445 St. Martins Road Policv/Policies and Subject Area Rural Resource polices Policy LU-95 Create the Rural Resource Area designation on the Future Land Use map (Schedule B). Council intends that land within the Rural Resource Area designation shall generally remain in their natural state, or, subject to regulation and required approvals, be used for appropriate resource uses including forestry operations, wind and solar energy development, agriculture uses including livestock operations and the fishery, and extraction activities, including pits and quarries. General Land Use Policies — Community Facilities Policy LU-125 Recognize that the provision of childcare facilities is critical to support the economy and meet the needs of families in the City. Council shall generally provide that childcare facilities for fewer than 16 children shall be permitted in all designations in the City except the Heavy Industrial designation or the Rural Industrial designation, subject to the specific provisions of the Zoning Bylaw. Childcare facilities for 16 or more children shall generally be located in the Primary Centres, Regional Retail Centres, Commercial Corridors, Local Centres, Stable Commercial Areas, appropriate locations within the Intensification Areas, and other such locations deemed acceptable by Council, in accordance with the relevant requirements of the Zoning Bylaw. Staff Comment Rural Resource polices Although community facility uses are not explicitly mentioned in the policies related to the Rural Resource designation, the proposed use is of a scale that would not detract from the overall intent of the Rural Resource designation. The applicant has also indicated the natural environment and surroundings will be incorporated into the design and programming of the proposed daycare. Thus, the proposal conforms to the broader intent of the land use designation. Staff also note the proposal meets the overall intent of the designation with respect to lots having direct access to an existing Public Street. In addition, given the closest resource -related use is located outside of City limits, 700 metres to the south of the site along Range Road, compatibility with existing resource uses is provided. General Land Use Policies — Community Facilities Policy LU-125 allows for the proposed daycare centre within the Rural Resource designation, as the policy provides latitude for larger childcare centres to be situated in locations that are deemed acceptable to Common Council. As the rezoning of the proposed daycare site to Neighbourhood Community Facility (CFN) is at the discretion of Common Council, compliance with this policy is provided through the successful completion of the rezoning process. Although the property is designated as Rural Resource, it is located approximately 3.3 kilometres west of the Treadwell Lake Rural Settlement Area and close to a large residential area that is located just outside of the City boundary. This proximity to residential areas is considered an important location criterion for childcare facilities. P4cj:3 Attachment 2: Municipal Plan Policy Review — 445 St. Martins Road Implementation Policy 1-2 In considering amendments to the Zoning Bylaw or the imposition of terms and conditions, in addition to all other criteria set out in the various policies of the Municipal Plan, have regard for the following: a. The proposal is in conformity with the goals, policies and intent of the Municipal Plan and the requirements of all City bylaws; b. The proposal is not premature or inappropriate by reason of: i. Financial inability of the City to absorb costs related to development and ensure efficient delivery of services, as determined through Policy 1-7 and 1-8; ii. The adequacy of central wastewater or water services and storm drainage measures; iii. Adequacy or proximity of school, recreation or other community facilities; iv. Adequacy of road networks leading to or adjacent to the development; and v. Potential for negative impacts to designated heritage buildings or areas. c. Appropriate controls are placed on any proposed development where necessary to reduce any conflict with adjacent land uses by reason of: i. Type of use; ii. Height, bulk or appearance and lot coverage of any proposed building; Although, the site is not located in a Rural Settlement area, its proximity to the Treadwell Lake area meets the goal of the Municipal Plan to provide complete communities in these Rural Settlement areas through providing a child care use in close proximity to Treadwell Lake. The applicant has noted a larger site, which provides a natural, wooded area for outdoor activities and programming, is an important consideration in the site design for the proposed facility. As a result, this necessitates a site that has a larger lot area and a more rural nature. Implementation The proposed by-law amendment conforms to the intent of the Municipal Plan to generally allow childcare facilities in all areas of the City. Consultants retained by the applicant have completed a storm water assessment identifying the required on -site storm water design elements to support the development. A Traffic Impact Study has also been prepared which has identified no required transportation system improvements to support the development. As the site is not served by municipal services, the proponent will provide on -site servicing (well and septic) and so has no impact on City infrastructure. Appropriate controls are available through the Zoning By-law and Building By-law, and these requirements will be assessed at the building permit stage. Staff recommend Section 59 conditions requiring the submission of detailed site, landscaping and building elevation plans for Development Officer approval with the building permit application. 0910.1 Attachment 2: Municipal Plan Policy Review — 445 St. Martins Road iii. Traffic generation, vehicular, pedestrian, bicycle or transit access to and from the site; iv. Parking; v. Open storage; vi. Signs; and vii. Any other relevant matter of urban planning. d. The proposed site is suitable in terms of steepness of grade, soil and geological conditions, locations of watercourses, wetlands and susceptibility of flooding as well as any other relevant environmental consideration; e. The proposal satisfies the terms and conditions of Policy 1-5 related to timeframes and phasing of development; and f. The proposal meets all necessary public health and safety considerations. PZIIK Attachment 3: Distribution of Larger Daycare Centres 241 1 Larger Daycare Centres 1 HIM 1�FRONT ELEVAT]ON .F .. . . .. ... .. ... .. .. .. ... .. .. ... .. .. .. ... .. .. ... .. . ... ... m� f� .. v v �. > LEFT ELEVATION gORiGHT ELEVATION m 0 m TREETOPS DAYCARE REAR ELEVATION ELEVATIONS A--� Mini<-�- ��. yL kN D G YvC l GI .a a�. ��. rLo�iMauk D�aiG�&GontulnrvGl A_3 0 ' •' • so 1 • • Growth & Community Planning Team 245 Growth & Community Development Services Proposal 247 5aAsnr Lai d PID S 691119 ILI' Sri cT Cody B. C Millktt P ID 356188 4, 5507 108,8 Lot 1 (Proposed) 8100 t—d - 5P 'n -m—.v ----- ----- IM . . .... ... ... ... . . 121 I Site Plan Tree Tops Daycare Rcute 111 City of Saint John Saint John County, N.B. t,,,t,,d F b .... v "S, 2020 f 1 50c bb, W, 20-0100,5 D.q, Nos. 5P-07P LEGEND; IMF 1u—v,-`k,, t,-d P.,_1 'j, -min, Gody H. Milk,,t-, Alph.k A—d Route 1 1 1 , .........I............................................... &,FflrMwd . F"w rj,1 KIERSTEAD QUIGLEY Saint Johnl� Ljj and ROBERTS Ltd. Nm emnswi. 248 SAINT JOHN ('A-� [ION' t ��LLVATJ ON F -VANON 250 .. .. ... .. ... ... ... .. .. 0 m 251 252 253 10 254 11 SAINT JOHN Future Land Use 13 257 14 258 Zoning Public Engagement Staff Recommendation PAC Recommendation 19 263 a LocOON CIVIC ADDRESS : 1445 St. Martin's Road PID # : 55071088 and 00356188 Lu HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N LL APPLICATION #: DATE RECEIVED: H `, RECEIVED BY: APPLI CANT EMAIL PHONE Dana Whitened whitenectd@gmail.com 506-693-7775 z 0. MAI LING ADDRESS POSTAL CODE 10 First Lake Road Baxters Corner, NB E2S 2M2 CONTRACTOR EMAIL PHONE 0 u.. Z I-- MAI LING ADDRESS POSTAL CODE J OWNER EMAIL PHONE Cody Millett cmillett@cbcl.ca 506-651-5206 MAI LING ADDRESS POSTAL CODE 205 Big Salmon River Road, Bay View NB E5R 1J9 PRESENT USE: vacant PROPOSED USE: daycare BUILDING PLANNING' INFRASTRUCTURE HERITAGE a. INTERIOR RENOVATION [:]NEW CONSTRUCTION VARIANCE 1:1STREETEXCAVATION �HERITAGEDEVELOPMENT EXTERIOR RENOVATION [:]ACCESSORYBLDG PLANNING LETTER [:]DRIVEWAY CULVERT HERITAGESIGN JFiADDITION POOL PAC APPLICATION DRAINAGE �HERITAGEINFILL q-FiDECK DEMOLITION �COUNCILAPP WATER & SEWERAGE HERITAGE DEMO �CHANGEOFUSE SIGN SUBDIVISION OTHER OTHER DMINIMUM STANDARDS OTHER OTHER U. Subdivide 8100 s .m. lot to be rezoned to CFN for propsoed daycare 0 z. o, W, O a~ F- U w RI consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent. The legal authority for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Primacy Act. For fitrther information or questions regarding the collection ofpersonal information, please contact the Access & Primacy Officer: City Hall Building 8th Floor -15 Market Square. Saint John, NB E2L JE8 t� commonclerk(a�jainti ohn. ca (506) 658-2862 The Oy 0 Fine ph, I, the undersigned, hereby apply for the permit(s) or approvalls), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approval(s). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. Applicant Name Applicant Signature Date SUNIVIII r Pr "FMORr CITY OF SAINT JC)NN CIVIC ADDRESS 445 St. Martin's Road APPLICATION # I FEE PAID I Y I N TYPE OF APPLICATION Instrument Documents requiring Development Officer endorsement for registration Service Fee: $50 Tier 1 Subdivision Lot boundary adjustments, consolidations, and new lots along an existing street Service Fee: $250 plus $50 per new building lot Tier 2 Subdivision Subdivisions involving the construction of a street Service Fee: $500 plus $100 per new building lot DETAILED DESCRIPTION OF APPLICATION Attach the instrument or tentative subdivision plan, whichever is applicable, and any additional documentation to fully describe the application. Tentative subdivision plans must adhere to the requirements of Section 49 of the Community Planning Act of New Brunswick. In the case of a Tier 2 Subdivision, the submission of a preliminary proposal and a Pre -Application Meeting with City staff is encouraged prior to seeking approval. Please contact the One -Stop Development Shop at (506) 658-2911 for further information. Subdivide 8100 s .m. lot to be rezoned to CFN for propsoed daycare ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Registered Owner or Authorized Agent Date Additional Registered Owner Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Subdivision Application Form 20/01/2017 265 Tree Tops Daycare Dear Council Members, I am requesting that PID 55071088 be rezoned to Neighbourhood Community Facility (CFN) to accommodate the construction of a licensed Early Learning Center. The location on the main road, Route 111 is ideal for a daycare as it is convenient and provides a natural environment for learning. This ELC center will provide families with a safe and secure place for their children and allow families to access parent subsidy, making childcare affordable for many. With the increasing cost of living, more family members are working longer hours, more shifts, or multiplejobs. Therefore more families need convenient and affordable care that is tailored to the working class within these communities. To help our clients Tree Tops Daycare's hours of operation will be 6:30AM-6:30PM as the majority of the working class are nurses and various types of labourers. Furthermore, this will be the only licensed facility in Saint John with hours after 613M. Tree Tops Daycare will be serving the Willow Grove area and the surrounding communities including; St. Martin Parish: Bains Corner, West Quaco. Simonds Parish: Fairfield, Loch Lomond, Rowley and Baxters Corner. Families of the Willow Grove and the surrounding areas who work full-time need year-round care for their children, these individuals will make up the majority of our customers. Unfortunately there are limited options for childcare that is close to home; especially ones that are convenient and tailored to the community. Two key advantages of our childcare facility will be our convenient location; in urban rural Saint John and the second advantages is the natural playscape that the land has to offer. As an ELC center we are helping our community by removing barriers such as; family income and a child's ability and needs. Being a designated ELC center provides more support from other programs that are aimed at helping families and their children with exceptionalities; F.A.C.E, Talk with Me and Social Development -Families with Children with Disabilities. Furthermore, Tree Tops Daycare will offer families' peace of mind knowing their children are being cared for in a safe and secure environment; as all staff and the facility must abide by the policies and regulations set by the Government of New Brunswick. The owner distributed a survey in May 2019 through social media on community groups and within 48 hours 120 people answered the survey. 93.7% are looking for a licensed full-time facility in the area, 50.4% need more flexible hours, 85.8% would like extended outdoor time, 81.9% need care for children ages 1 and up, 63% want a nature based daycare and 90.3% said they will be willing to travel to our location. This survey confirms that there is a demand for licensed care in this area and that the community would feel more comfortable bring their child to a licensed facility that is in their community. Every child deserves a chance to explore the world around them. In our society children are spending less time outdoors which is putting them at an increased risk of developing psychological disorders at a younger age. To ensure that children are getting the best care Tree Tops Daycare will provide extended outdoor time to combat those challenges and allow children to acquire; increase (r80:1:1 attention span, higher self-esteem, how to regulate emotions, problem solve and a stronger physical through outdoor play. Our extended outdoor time paired with the unique location of the facility allows for the children to explore their nature environment, giving us a competitive edge. Another advantage is that we are offing the communities a nature daycare with affordable pricing. To further embrace our philosophy Tree Tops Daycare will have natural based materials on the playground, a large grass area with tree coverage and hiking trails. Tree Tops Daycare will be offering their services families with children ages 15 months to 4 years for age to a maximum of 30 children and plans expand our facility to accommodate 60 children, including younger infants and an afterschool program. Finally we want to support our community even further; therefore, we will be looking into extended hour care on the weekends and youth programs during the week. Rezoning PID 55071088 CFN will greatly benefit the community as every family deserve affordable, secure and higher quality daycare. Tree Tops Daycare strives to empower the children by supporting and guiding their decisions, demonstrating compassion and being a positive role model, which, contribute greatly to a child's self-confidence, esteem and their independence. Rezoning this location will allow us to obtain our goals and support our community. KIM IIIIIjjiiiul ipu �FOIIND,aTION PLAN TREETOPS DAYCARE FOUNDATION PLAN (l' amL kti o G &c I GI A-2 0 ..� ..� e�..�:.�.r Lc,ikl�adz DrilG�&Corv+uMnGl 1 HIM 1�FRONT ELEVAT]ON .F .. . . .. ... .. ... .. .. .. ... .. .. ... .. .. .. ... .. .. ... .. . ... ... m� f� .. v v �. > LEFT ELEVATION gORiGHT ELEVATION m 0 m TREETOPS DAYCARE REAR ELEVATION ELEVATIONS A--� Mini<-�- ��. yL kN D G YvC l GI .a a�. ��. rLo�iMauk D�aiG�&GontulnrvGl A_3 0 GTYP.r—�-o WALL SECTION A_4 s �.� �TYP. WALL SECTION (�,, DOORWAYS q_q i r.iz i� �TYP. MAIN HALL SECTION W/ RAISED 2' TRUSS A_4 s_ars. in_a-o BOOR & WINDOW SCHEDULE 06x6 POST FOUNDATION OPTIONS DON MITIGATION SYSTEM qL kN D G &C l GI .......a�. ��• rLo�iMauk D�aiG�&GontulnrvG lnv. BY-LAW NUMBER C.P. 111- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 111- ARRETE MODIFIANT L'ARRPTE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une r6union du conseil John in Common Council convened, as communal, The City of Saint John a follows: d6cr6te cc qui suit : The Zoning By-law of The City of Uarret6 sur le zonage de The City Saint John enacted on the fifteenth day of of Saint John, d6cr6te le quinze (15) December, A.D. 2014, is amended by: decembre 2014, est modifie par: Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 8100 square metres located at 445 St, Martins Road, also identified as a portion of PID Nos. 55071088, and 00356188, from Rural (RU) to Neighbourhood Community Facility (CFN). - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2020 and signed by: Mayor/Maire La modification de 1'annexe «A», Carte de zonage de The City of Saint John, permettant de modifier In d6signation pour une parcelle de terrain d'une superficie d'environ 8100 metres carr6, situ&e an 445, chemin St. Martins, et portant une partie des NIDs 55071088 et 00356188 de zone rurale (RU) a zone d'installations communautaires de quartier (CFN). - routes les modifications sont indiqu&es sur le plan ci-j oint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2020, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 274 COUNCIL REPORT M&C No. 2020- Report Date August 31, 2020 Meeting Date August 31, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Vehicle for Hire By -Law changes (M-12) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Marc Dionne Marc Dionne I John Collin RECOMMENDATION It is recommended that Common Council: a) Endorse a permanent adjustment to the 7-year age limit of a Taxi. The age limit would move from sever (7) years to eight (8) years of age. b) Request that the City Solicitor's office make the appropriate changes, to the Vehicle for Hire By -Law. EXECUTIVE SUMMARY In 2018, the Saint John Transit Commission, on behalf of the City of Saint John assumed responsibility of the day-to-day administration of the Vehicles for Hire By-law. Each year, the Saint John Transit Commission is required to perform a review of the Vehicle for Hire By -Law and bring forward any recommendations to Common Council. These recommendations are typically brought forward in December for approval for the following calendar year. Covid-19 has forced changes to all businesses across the world, including the Taxi Industry. As a result, this amendment is being suggested to help alleviate the negative impact on the taxi industry. PREVIOUS RESOLUTIONS Council adopted the following resolution on May 4, 2020: PAW -2- "RESOLVED that as recommended by the City Manager in the submitted report M&C 2020-125: Vehicle for Hire By -Law Changes (M-12), Common Council: a) Endorse an exception to the 7-year age limit of a Taxi, on a one-time basis, for vehicles that are currently in the fleet. REPORT Covid-19, has impacted virtually every industry in the world, including the Taxi Industry. An opportunity exists whereby the Vehicle for Hire By-law could be amended to provide relief, as a result of these challenging times. The Vehicle for Hire By -Law has the following criteria that should be permanently adjusted: Section 10(1)(i), paragraph (ii) states, in 2019 and all subsequent years that that a Taxi cab be seven years old or newer. It is recommended that for 2020 and all subsequent years that all taxis that are 7 years of age, can now be 8 years old or newer. This would mean that, when licenses are renewed in 2020, 2012 cars will not have to be removed and could be entered into the business. This change would make an enormous difference to cab drivers that are presently driving 2012 cars. Said change, would align the age of a taxi with Moncton at 8 years and would be slightly older than Fredericton at 6 years. It exceeds Waterloo, at 10 years of age. STRATEGIC ALIGNMENT One of Councils Priorities is to create growth and prosperity in our City. Amending the Vehicle for hire By-law supports the notion that Saint John wants to ensure the retention of businesses, which supports the creation of job opportunities. SERVICE AND FINANCIAL OUTCOMES PAIII& -3- Financially, the amendments requested to the Vehicle for Hire By -Law, have zero negative impact to Saint John Transit and subsequently the City of Saint John. Notably, the permanent change to the age of a taxi will provide significant financial relief to those working in the Taxi Industry, during the current downtown in the economy and into the future. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Owners and several operators in the taxi industry were consulted about these changes. ATTACHMENTS Vehicle for Hire By -Law (M-12) MAN COUNCIL REPORT M&C No. 2020-233 Report Date September 22, 2020 Meeting Date September 28, 2020 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 123-125 Main Street (PID 00378810) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Benn Purinton J Hamilton /A Poffenroth John Collin RECOMMENDATION RESOLVED, that the building located at 123-125 Main Street, PID# 00378810, 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 one or more by-law enforcement officers appointed and designated underthe 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 Common Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 123-125 Main Street. The hazardous conditions outlined in the Notice have not been remedied by the owners within the required time frame and staff is looking for authorization from Common Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 123-125 Main Street, PID# 00378810 have revealed that there is one building on the premise; a three -storey, three -unit apartment PAN-13 -2- building. The building is currently assessed at $2,700. Staff first became aware of the property's vacancy in October 2016 and began standard enforcement procedures. The property is located on the City's North End in a residential zone. The Building is a hazard to the safety of the public by reason of being vacant and by reason of dilapidation. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on August 28, 2020 and was posted to the building on August 28, 2020, as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership lists a company as the owner of the Building. The Notice provided the owner with 15 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 September 15, 2020, 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. 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 building's vacancy, dilapidation and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and affidavit is attached; it was posted to the building on September 15, 2020 STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is approximated at $20,000 and will take about 4-5 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. PAW61 -3- INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate Regarding 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 W-11i1 FORM 4 NOTICE TO COMPLY — DANGEROUS OR UNSIGHLTY PREMISES (Local Governance Act, S.N.B., 2017, c.18, s 132(2)) Parcel identifier: PID # 00378810 Address: 123-125 Main Street, Saint John NB Owner(s) or Occupier(s): Name: PMV Canada Inc. Address: 526 Queen Street, Fredericton NB, E313 1B9 — 998 Forest Hill Road, Fredericton NB, E313 7G6 — 29 Autumn Wind Court, Kleinburg ON, LOJ I CO ` FORMULE 4 AVIS DE CONFORMITE — LIEUX DANGEROUX OU INESTHETIQUES (Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, par. 132(2)) Numbro d'identification de la parcelle : NID : 00378810 Adresse : 123-125, rue Main, Saint John NB Propri6taire(s) on occupant(s) : Nom : PMV Canada Inc. Adresse : 526, rue Queen, Fredericton NB, E313 1139 — 998, rue Forest Hill, Fredericton NB, E3B 7G6 — 29, cour Autumn Wind, Kleinburg ON, LOJ 1 CO Local government giving notice: The City of Saint Gouvernement local signifiant 1'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"). Arret6 enfreint : Arrete relatif aux lieux inesthetigues et aux bdtiments et constructions dangereux de Saint John, Arr&6 num6ro M-30, ainsi que ses modifications ci-afferentes (1' « Arrete)>). Provision(s) contravened: Subsections 6(l), 6(2) and Disposition(s) enfreinte(s) : Les paragraphes 6(1), 6(2) 6(3) of the By-law. et paragraphe 6(3) de I'Arret6. 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. The conditions of the building and premise are described in Schedule "A", a true copy of the inspection report dated August 28, 2020 prepared by Bern Purinton, by-law enforcement officer, reviewed and concurred in by Christopher McKiel, 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. Description de In (des) situation(s) : Les lieux sont inesthetiques en permettant la presence de ferraille, de detritus et le batiment d6labre. Le batiment est devenu dangereuse pour la sdcurit6 du public du fait de son inhabitation ou de son inoccupation et est devenu dangereuse pour la s6curit6 du public du fait de son delabrement. Les conditions du batiment et des lieux sont d6crites a 1'annexe << A », une copie conforme du rapport d'inspection en date du 21 ao0t 2020 et prepare par Berm Purinton, un agente charge de 1'ex6cution des aff 6s du gouvernement local, revise et en d'accorde avec par Christopher McKiel, ing., un agente charg6 de 1'ex6cution des arr6t6s du gouvernement local. Ce qu'il y a lieu de faire pour y remedier: La propri6taire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionn6 et d'amener le batiment et les lieux en conformit6s avec I'Arret6. Dans 1'eventualite que la propri6taire ne rem6dient pas le batiment et les lieux dans le temps prescrit par le pr6sent avis de conformat6, le batiment pourront titre demolis comme mesure corrective compte tenu qu'il repr6sente un danger pour la securit6 du public et les lieux pourront etre nettoy6s. Dans 1'6ventualite de demolition, tons les debris et autres items sur les Iieux seront dispos6s comme mesure corrective dans le but de remddier le danger pour la securit6 du public. The aforementioned remedial actions relating to the Les mesures correctives susmentionn6es relativement a demolition of the building and the disposal of debris and la demolition du batiment et In disposition des debris et items on the premises do not include the carry -out clean- autres items sur les lieux ne comprennent pas le 281 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. nettoyage, la remise en dtat des lieux, des terrains ou des biens personnels ou tome 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 daps ou sur Penvironnement on tome partie de 1'environnement. Date before which the condition must be corrected:' Delai imparti pour y remidier: 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 15 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 30 days of being served with the Notice to Comply. a) La demolition du batiment et le nettoyage des lieux doivent etre compldtdes, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent titre soumises, dans les 15 jours qui suivent la signification de I'avis de conformite. b) Les reparations reliees aux mesures doivent titre completees dans les 30 jours qui suivent la signification de Pavis de conformite. Date for giving notice of appeal: Within 14 days of Date limite pour donner Pavis d'appel: Dans les 14 being served with the Notice to Comply. jours qui suivent la notification de Pavis de conformite. 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°i Floor, 15 Market Square, Saint John, New Brunswick, E2L 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 Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection I I(I) continues for more than one day, the minimum fine that may be imposed is the 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). Local government's authority to undertake repairs or remedy:' Paragraphs 12(1)(a), 12(1)(b)and 12(1)(c) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the 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. Processus d'appel : La proprietaire peux dans les 14 jours qui suivent la notification de Pavis de conformite, envoye un avis d'appel par courrier recommande A la greffiere communale de la municipalitd, a The City of Saint John, Edifice de 1'h6tel de ville, 8e dtage, 15 Market Square, Saint John, Nouveau -Brunswick, E2L 41.1. Peine possible en cas d'omission de se conformer aux exigences de 1'avis dens le dilai y imparti: ' Le paragraphe 11(1) de I'Arrete prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite 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 classe F. Lorsqu'une infraction prevue an paragraphe 1 ] (1) se poursuit pendant plus d'une journde, I'amende minimale qui peat titre imposee est 1'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels l'infraction se poursuit conformdment a I'alinea 1 ](3)b)i). Pouvoir du gouvernement local d'entreprendre des reparations on de remidier a la situation : s Conformement aux alindas 12(1)a), 12(1)b) et 12(1)c) de I'Arrete, si un avis de conformite a ete signifie aux termes de Particle 7 de ladite Arrete et, que le proprietaire on I'occupant ne se conforme pas A cet avis de conformite dans le delai imparti et tel qu'il est repute confirme on tel qu'il est confirme ou modifie par on comitd du conseil ou par un juge en vertu le paragraphe 12(3) de ladite Arretd, la municipalite peut faire nettoyer ou reparer les Iieux de ce proprietaire ou de cet occupant ou de faire reparer ou ddmolir le batiment ou autre construction de ce proprietaire ou de cet occupant, et les coats afferents a Pexecution des ouvrages, y compris tome redevance ou tout droit connexe, sont mis a la charge du proprietaire ou de l'occupant et deviennent one creance de la municipalite. 282 Dated at Saint John on the t r day of August, 2020. Local government: The City of Saint John Signature of the officer of the local government: Fait a Saint John le ' aout 2020. 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: Berm Purinton 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) 658-291 1 E-mail: benn.purinton@saintjohn.ca Fax: (506) 632-6199 Corporate seal of the local Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. Nom : Berm Purinton Adresse postale: Service de la Croissance et du Developpement Communautaire The City of Saint John 15 Market Square Edifice de Ph6tel de ville, IOe etage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone : (506) 658-2911 Adresse electronique: benn.purinton@saintjohn.ca Telecopieur : (506) 632-6199 Seeau du gouvernement local Notes : 1. Tons les permis prescrits doivent We obtenus et tome la legislation pertinente doit etre respeetee pendant Pexecution des mesures de remediation. 2. Payment of the fine does not alleviate the obligation to comply 2. Le paiement de Pamende n'a pas pour effet d'annuler with the by-law, standard or notice. ('obligation de se conformer A I'arrete, a la norme ou A I'avis. 3. Costs become a debt due to the local government and may be 3. Les coots deviennent one creance du gouvernement local et added to the joint local government and provincial Real Property peuvent titre ajoutes A I'avis common d'evaluation et d'imp6t Assessment and Tax Notice. foncier des gouvernements local et provincial. 283 INSPECTION REPORT Schedule "A" 123-125 Main Street Saint John, New Brunswick PID# 00378810 Inspection Date: February 4, 2020 & August 28, 2020 Inspection Conducted by: Berm Purinton, EIT Introduction I hereby oetttfy tint this document to a true pW original. Dated at Saint John, this ��_day of 11.,1"r J 2OZ4ZIC, Standards Officer Inspection of the property, PID# 00378810, revealed that there is one building on the premises (the `Building"); a three storey, wood -frame, three -unit apartment building. Staff first became aware of the vacancy of the Building in October 2016 and began standard enforcement procedures. The property is located in the City's North End in a residential zone. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied and by reason of dilapidation. Discussion The Building does not comply 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. The Building is dilapidated. The exterior cladding is composed of wood shingle siding. A significant amount of the wood shingles are broken or missing. This is most notable at the right side of the Building. Paint is peeling from the wood shingles on all sides of the Building. The Building is painted blue, however the bottom half was painted white to cover graffiti. The bottom floor windows are boarded to prevent entry. The second and third floor windows were left open throughout the Building. A window at the rear of the Building is broken with glass remaining in the frame. The wood trim is broken in multiple locations such as the rear left corner, the inside corner of the rear ell and the front right corner. Since the internal inspection, a large section of the wall has been removed from the right side of the Building exposing the frame and interior. The wall appears to be fire damaged. The exposed frame and the wood shingle siding surrounding the area is charred. Plywood sheets have been used to cover some of the missing wall although a large portion remains uncovered. The plywood sheets have become stained due to exposure to the elements. The exterior conditions of the Building; are unsightly. Vacant and Unoccupied Subsection 6(2) of the By-law states: 284 No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: Buildings in a dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. There is evidence of criminal activity and vandalism occurring in the Building. Multiple police reports have been received regarding criminal activity occurring around the property. The exterior wall on the right side of the Building has been fire damaged. Staff has been made aware of two fires occurring at the property within the last four months. It is suspected that the fires were caused by arson. Interior inspection revealed that holes were broken into the interior walls throughout the Building. This appears to have been done in an attempt to remove copper wire. There is graffiti on the second and third floor bedroom walls. The dilapidated conditions of the Building 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. Saint John Energy confirmed that the power has been disconnected since November 2016. The City of Saint John Finance department confirmed that the water has been turned off since November 2016. It is suspected that the Building is abandoned. 2. There is a concern for firefighter safety in the event of a fire. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. Firefighters would have difficulty entering the Building as all doors and ground level windows have been boarded. The condition of the Building is not known to firefighters, which poses a hazard to their safety in the event of a fire. There was garbage and debris scattered throughout the Building during internal inspection. Each floor of the Building was scattered with various building materials and household items. Any person attempting to gain access to the Building could trip and fall on the debris which could cause personal injury. Dilapidated 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. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: The Building's exterior is dilapidated. Pieces of the wood shingle siding are broken or missing. Second and third floor windows were left open throughout the Building. A section of the exterior wall at the right side Building has been fire damaged from two separate fires that occurred at the Building. The damaged wall is exposing the Building's frame and interior. On the rear wail of the property, there are multiple broken window with glass shards remaining inside. The remaining glass presents a hazard as if it were to fall it could injure an individual. 2. The Building's interior is dilapidated. The walls are broken in a number of locations on the second and third floor. In some cases, all of the gyprock has been removed and only the wood studs remain. The damage appears to be intentional in what is suspected to be an attempt to access copper wire. Further evidence of criminal activity is present as there is graffiti on second and third 2 285 floor walls. If trespassers are in the property, they may present a hazard to those who are required to enter the Building. Holes have been broken in the ceiling throughout the Building. The majority of the second floor's living room ceiling has been stripped. Loose sections of drywall hang from the ceiling around some of the holes. The second and third floor bathrooms have pieces of the missing from the walls. Tiles and insulation fill the bathtubs in each bathroom with more spread across the floor. There is a significant accumulation of building materials scattered throughout the second and third floors of the building. Items include, but are not limited to, insulation, drywall and wood framing. These materials presents a tripping hazard to individuals within the Building. There are multiple locations around the Building that could allow water infiltration. There are open and broken windows throughout the Building's second and third floors. There is a large section of the exterior wall that is missing from the right side of the Building. Plywood covers a portion of the missing wail, although water is able to infiltrate through a large portion above the plywood that is uncovered. Staff has been informed that water is infiltrating the crawlspace through cracks in the foundation. If water were to accumulate in the Building, it could accelerate the dilapidation of the Building and cause respiratory hazards such as mould. 4. The floors and ceilings throughout the Building are sloping. A bedroom on the second floor has a visibly sloped ceiling. Bending can be seen in the frame of the second floor unit's drop ceiling. Sloping is visible in the ceiling of the stairway corridor on the second floor. The stairs that lead to the second floor and those that lead to the third floor are slanted. On the third floor, the floor is sloped significantly in a room off of the stairway corridor. The Building's dilapidated condition is potentially hazardous. If failure were to occur, individuals in the Building could be injured. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building 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 Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code gfCanada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-lavv, By-law Number C.P. 102 and amendments thereto (the "Saint.lohn 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 286 with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 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: Benn Purinton Daie Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: I'K� X—tq A i c :33T` 2.oao Christopher McKiel, P. Eng. Date Technical Services Engineer Growth and Community Development Services 287 CANADA PRO V INCLOFN FW BRUNSWIC I K ('(,)U,N'I"Y OF' SAINT .10f IN INTI IF MAT'I"T'R OFI BUILL)INGTHATIS 1,0("A"ll"D AT' P,3 --I ?, �Nll k4�- AIN11 INNI. ( Pit) ner`3 -1179" /( i e) J. U. �,k J-0 �-,, v As I-ollok\s- . . . .......... t"of John, N,11.. N/lake Oath And SaI 1, 1 am, emploved by The City cif Saint John In its Growth and ("01111111.1nity Developi-i'mit Scrvices, Deparnuent. I have personal knoivledge of the matters lici-ein deposed except where offiervose stated. 2. On Au 2 ? �- ( Z3 2 at approximately I posted a copy ofthe attached Notice to Comply. marked I"xi-ilbit-A"' and Notice ol'AppeaL marked Exhibit -13- to the front door ofthe building that is located at �- Saint John. N . 13. - . . .... ......... . Sworn 'to before me at the City of`paint John, N,13- oil the day of' .2020 xe7 CHRIMPHER 0 MCKIEL COMMISSIONER OF OATHS 288 MY COMMISSION EXPIRES DECEMBER 31ST, 2044'2�`-�2-'- (PY FORM 4 NOTICETO COMPLY - DANGEROUS Olt UNSIGIJUry PREMISES (Local Governeince Act, S.N.B., 2017„ e.] 8, s 132(2)) FORMULE 4 AVIS DECONFORMITIt - LIEUX DANGEREUX OU INESTIlt,'TIQUES (Loisur la gou vermince locale, L.N.-B. 2017, eh. 18, par. 132(2)) Parcel identifier: This Is Fxhlblt " n !/ Num(ro Widentification de la parcelle: Referred to In the Affidavit of PID 4 00379 L -itt-�, , N ID : 00378810 me iDOI,ftl J n N ti�e J�* n,, n�,W -csse 123-125, rue Main, !�aint,lolw N11 ,, ow,!�T Address: 123 Adi 'e #h/ ll Owner(s) or Occu as 'ProD ire(s) on occupant(s) VoWm-18sioner of Oaths — " - Name: PMV Canada Inc, Address: 526 Queen Street, Fredericton N13, L3B 1119 999 Iorest Hill Road, 1-1-ederictoll, NB. 11:3B 766 -- 29 Autumn Wind Court, Kleinburg (.)N, LOJ WO Nom : I1MV Canada Inc. Adresse: 526. rue Queen, I-redeticton NB. 1139 - 998- rue Forest Hill. 1'redericion NB, 1,313 760 29. COUr ALM11111) Wind. Kleinbun, ON. L OJ I CO Local government giving notice: I tic C'itN of Saint Gouvernenient local signifiant I'avis : The City of John Saint John By-law contravened: Saint John lilj.wr`,0111 Premises and Dongerwiv Bviltihigs and Slrlwtllrcls Rv-Lnr, 13N - law Number M-30 and amendments thereto (the "BN- lavN ArrW enfreint : 4rrCW )vlatilaux heav ine,slhe'fiqves ef MIS kilillIeWS k'l ccaraslrtrelions (/U1l9C'F01Y der S41illt John, Arr& IlUmero N/1-30, ainsi title ses modifications ci-aflerentes (I' a Arr6tQ 0, Provision(s) contravened: SUbsQcflons 6(I), 6(2) and Disposition(s) enfreinte(s) : Les paragraphes 60). 6(2) 6(3) of the By -lawn. et paragn-aphe 6(3) de I'ArretQ. Conditions(s) that exist. ']'Ile prQllli1;C is Ul)Sigl)tl% [)y permitting, junk, rubbish, refuse mid a dilapidated building to remain oil the Premise. The building IMS become a hazard to the safety" V of the public by reason of being vacant or unoccupied and has become a hazard to the Sa1'&V 0I'thC I)LIbliC by reason oi'dilapidation. I lie conditions ol'the building at(] premise are described ill Schedule "A". a trLIC COPy of the illSj)eCli0H NP011 dated August 28, 2020 prepared by Bello Purintoii, by-Ia\% clilorccinent officer, ieviexked and concurred ill b% Christopher McKicl, P. Etio., by-law eiflorcement officer. What must be (lone to correct the condition: The owner is to remedy the conditions by compIN i1o, with the required remediid actions of the aforementioned inspection report and bring the bUildia"I and PrClllkeS into compliance \N ith the aforesaid By -km. In the event that the owner does not remedy the condition of the building and premises in the time prescribed b,, this Notice to Comply. the building may be demolished as the corrective action to address the hazard to the safety oftlic public and the premises may be cleaned Lit). In the event of demolition, all debris and items (ill the premises will he disposed of as the corrective action to address the hazard to the salty of the JILII)IiC, Description tie la (des) situation(s) : LCS lieLIX s0l1t i9leStIl6ti(ILIeS ell IWI-1110tallt [a PI-eSCIlCe CIC lert-aille, Cie &tritus of Ic liItiment d6labrv. Le N`Itillleot C.St &VC111.1 dangerews'e pour la S&LIHIQ (ILI public du fail Cie soil inhabitation ou do son hioccupation el CSt dCVC11U dam,ereuse pour la S&CM-46 (ILI public du fait de son &labrerricnt. Les C011ditiollS (ILI 11,51iraeol et des IiCkl\ sort dcc rites i I'mmexe « A )>. LHIC Copie Collibl"HIC du rapport (I'in.,,pection en (late du 28 aofit 2020 ct prcpat6 par kenn Purinton, un apente charge do 1'ex6cution des arr&tts du gom ernement local, r6 ik et en d'accorde m ec pa, Christopher McKiet, ins;., un agente clmrg& do 1'execution ties art,wa6s du gouvcrimnent local. Ce qu'il y a lieu de taire pour y rernklier: La propri&iire doil restaurer les conditions ell se C0111"01-Mallt aUX recommendations du rapport d'iaSI)C6011 SUS11101tioalIQ et d'anlciier le k6timent et les lieux en conformit6s awes I'ArrclL Dans I'Qventualilc que la proprietairQ lie reiriedietit pas Ic k5itiment ct les fieux chuis le temps prescrit par le pr6ent avis de coiif'ormi(6, le batil-flClIt 11OUITOot wti_C dQmolis comme IlleSiti-Q. Q01"recliVC C0111I)tC Watl CILl'il repr6sente tin danger pour la securitc do public el les I ieux pourroill &tre lletto\ cs. DMIS 1'6VellIL1alit6 de C16molitiori. tons les debris et 2UH-CS itC111S SLIF les heu.\ scront dispos6s commie mesurc corrective Clans le but do rcm6dicr IQ danger Poor la securite du public. I'he afi)remeutioned remedial actions relating to the Les mesures correctives SUSIlleotionnQes relativement 'I demolition ofthe building and the disposal oftlebris and la dernolitioll du N16111CM Ct la disposition des debris et items on the premises do not include the carrw -001 Clean - ILHIVS itcnis sur les lieux tie comprennent pas le Opm 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. 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 1'environnement ou toute partie de 1'environnement. Date before which the condition must be corrected:' DOM 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 15 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 30 days of being served with the Notice to Comply. a) La demolition du batiment et le nettoyage des lieux doivent titre completees, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent titre soumises, dans les 15 jours qui suivent la signification de Pavis de conformite. b) Les reparations reliees aux mesures doivent titre completees dans les 30 jours qui suivent la signification de I'avis de conformite. Date for giving notice of appeal: Within 14 days of Date limite pour donner I'avis d'appel: Dans les 14 being served with the Notice to Comply. jours qui suivent ]a notification de ['avis de conformite. Process to appeal: The owner may within ] 4 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8'h Floor, 15 Market Square, Saint John, New Brunswick, E2L 4LL 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 Part 2 of the Provincial Offences Procedure Act as a category F offence. Where an offence under subsection I I(I) continues for more than one day, the minimum fine that may be imposed is the 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 1 1(3)(b)(i). Local government's authority to undertake repairs or remedy:' Paragraphs 12(1)(a), 12(l)(b) and 12(1)(c) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the 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. Processus d'appel : La proprietaire peux dans les 14 jours qui suivent la notification de ('avis de conformite, envoye un avis d'appel par courrier recommande a la greffiere communale de la municipalite, i The City of Saint John, Edifice de Photel 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 1'avis dans le delai y imparti : ' Le paragraphe 1 l(l) de I'Arrete prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux termes de Particle 7 de ladite Arrete, commet one 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 I](I) se poursuit pendant plus d'une journee, I'amende minimale qui pent titre imposee est Pamende 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 ('infraction se poursuit conformdment a l'alinea 11(3 )b)i). Pouvoir du gouvernement local d'entreprendre des reparations on de remedier a la situation : ' Conformement aux alineas 12(1)a), 12(1)b) et 12(1)c) de I'Arrete, si un avis de conformite a ete signifie aux termes de ('article 7 de ladite Arrete et, que le proprietaire ou I'occupant ne se conforme pas a cet avis de conformite dans le delai imparti et tel qu'il est repute confirme 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 municipalite peut faire nettoyer ou reparer les lieux de cc proprietaire ou de cet occupant ou de faire reparer ou demolir le batiment ou autre construction de ce proprietaire ou de cet occupant, et les couts afferents a 1'execution des ouvrages, y compris toute redevance ou tout droit connexe, sont mis it la charge du proprietaire ou de ('occupant et deviennent une creance de la municipalite. RPM Dated at Saint John on vic Lr, day of'August, 2020 Local government: The City ol'Saint John Signature of the officer of the local government Fail a, Saint John le Zf" aofit 2020, Gotivernement locale : the City ot'Saint John Signature (In l'onctionnaire do gotivernement local: Contact information of the officer of the local Coordonmics du fonctionnaire (in gouvernement government: local: Name: Berm Purinton Mailing address: Growth and C.oninitinity Development Services The City of Saint John 15 Market SqUarc City Hall Building, 10"' I-Ictor P.O. Box t 971 Saint John, New Brunswick E21- 4LI Teleplictile: (506) 65 8-29 11 E-mail: beiiii.l)tjrititoti(c%)saintjotifi.ca 1'ax: (506) 632-6199 Corporate seal of the local Notes: I. All appropriate pertuits tnusl be obtained and all relevant legIsLation tnusl be cornplied with in the course ofcaurying out the required reYrtcdial Wit" Non : Benn, Purinton Adresse postatc: Service de is C'missance et du D6veloppernent ConinnutiaLtaite The City ot'Saint John 15 Market Square E�'dificc de I'likel de ville, We Oap Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L I 1"616phone : (5,06) 658-29 11 Adresse iIectronique: beiin.ptir-iiitoii(�saiiit.ioliji,ca T616COI.IietAr : (506) 632-6199 Sceau do gOUI/Crtnement local Notes : 1. l'otis les paolis presciits doivent are obienus el toute ]a legislation pertiocote doil arc respect& peadant 1'executio" dcs niotoe,s de rentedialion. 2. Paymeot of the fine does riot alleviate the obligation to comply 2. I.c puientent tic I'arnemle o'a pas pour efict d'arooder with the by-law, standard or notice. l'obliption cle se conformer zA I'arrete, a la norrine ou 9 I'avk', 3. Costs become a debt due to the lu"d government and inay he 3 Les coins devictient, Line er6ance do g0UVCraCoiCra IOCdl CA added to the joint local goveninicot and provincial Real Iliopeny petivulit tiIic ajotks a I'avk, commuit d'6valuation et d'imp6l Asses'snaerit aod I ax Notice, I'onciec des gOLIVeMCITICVs local et provincial. 291 INSPECTION REPORT schedule "A" 123-12i Main Street Saint John, New Brunswick pi 1)# 00378810 Inspection Bate: February 4, 2020 & August 28, 2020 Inspection Conducted by: Benn Purinton, EIT Introduction Doad at Saint JoK 12 e, this ---day of 20'_E`_?c7 Sian;ard -Let inspection of the property, PlD4 00378910, revealed that there is one building oil the premises (tile "BUilding"), a three storey, wood-Crarne, three -unit apartment building. Staff f first became awrare of the vacancy of the Building in October- 2016 and began standard enfiorcernent procedures. 'I lie, property is located in the City's North F."nol in a residential zone. The Building is a hazard to the sajj'ety of the public by reason of'being vacant Or Unoccupied and by reason of'dilapidation. Discussion The Building does not comply with tile Seiini John I_Jnsighlly Preinises and Dangerous Builefings and Siructurcs BY -law, By-law Number M-30. and aniondinelits 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 lier to he unsightly by permitting to rernain on any part Ol'SUCh Pfenlk'eS (o) any ashes, junk, rubbish or refuw.- (h) an accumulation of wood shavings, paper. SaWdUSt or other residue of production or COIISUIAC6011, (c) a derelict vehicle, equipment, machinery or the body of any part of a vehicle equipment or machinery, or (d) a dilapidated building. 'I'lle Building is dilapidated. The exterior cladding is composed of wood shingle siding. A significant anjoillit oftlic wood shingles are broken or missing. This is most notable at the right side of' the Building. Paint is peeling from the wood shingles oil all sides 01' tile Building. 'file Building is painted blue, flOWeVer the bottorn half was painted white to cover graffiti. The bottorn floor windows are boarded to prevent entry, 'file second and third floor windows were left open throUglIOUt the Building. A window at the rear of" the Building is broken with glass remaining in the frame. The wood trint is broken in multiple locations SLICII as the rear left corner, the inside corner of the rear ell and the front right corner. Since the internal inspection, a large section of'the wall has been removed from the right side of the Building exposing the franc and interior. The wall appears to be fire darnaged. The exposed firame and tile wood shingle siding surrounding the area is charred. Plywood sheets have been used to cover sortie Of the Missing wall although at large portion remains LHICOvered. The plywood sheets have become stained due to exposure to the elements. The exterior conditions of the Building are unsightly. Vacant and Unoccupied Subsection 6(2) of the. By-law states: 292 No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant or unoccupied. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: Buildings in a dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. There is evidence of criminal activity and vandalism occurring in the Building. Multiple police reports have been received regarding criminal activity occurring around the property. The exterior wall on the right side of the Building has been fire damaged. Staff has been made aware of two tires occurring at the property within the last four months. It is suspected that the fires were caused by arson. Interior inspection revealed that holes were broken into the interior walls throughout the Building. This appears to have been done in an attempt to remove copper wire. There is graffiti on the second and third floor bedroom walls. The dilapidated conditions of the Building 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. Saint John Energy confirmed that the power has been disconnected since November 2016. The City of Saint John Finance department confirmed that the water has been turned off since November 2016. It is suspected that the Building is abandoned. There is a concern for firefighter safety in the event of a fire. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. Firefighters would have difficulty entering the Building as all doors and ground level windows have been boarded. The condition of the Building is not known to firefighters, which poses a hazard to their safety in the event of a fire. There was garbage and debris scattered throughout the Building during internal inspection. Each floor of the Building was scattered with various building materials and household items. Any person attempting to gain access to the Building could trip and fall on the debris which could cause personal injury. Dilapidated 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. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: The Building's exterior is dilapidated. Pieces of the wood shingle siding are broken or missing. Second and third floor windows were left open throughout the Building. A section of the exterior wall at the right side Building has been fire damaged from two separate fires that occurred at the Building. The damaged wall is exposing the Building's frame and interior. On the rear wall of the property, there are multiple broken window with glass shards remaining inside. The remaining glass presents a hazard as if it were to fall it could injure an individual. 2. The Building's interior is dilapidated. The walls are broken in a number of locations on the second and third floor. In some cases, all of the gyprock has been removed and only the wood studs remain. The damage appears to be intentional in what is suspected to be an attempt to access copper wire. Further evidence of criminal activity is present as there is graffiti on second and third 293 floor wails. If trespassers are in the property, they may present a hazard to those who are required to enter the Building. Holes have been broken in the ceiling throughout the Building. The majority of the second floor's living room ceiling has been stripped. Loose sections of drywall hang from the ceiling around some of the holes. The second and third floor bathrooms have pieces of tile missing from the walls. Tiles and insulation fill the bathtubs in each bathroom with more spread across the floor. There is a significant accumulation of building materials scattered throughout the second and third floors of the building. Items include, but are not limited to, insulation, drywall and wood framing. These materials presents a tripping hazard to individuals within the Building. 3. There are multiple locations around the Building that could allow water infiltration. There are open and broken windows throughout the Building's second and third floors. There is a large section of the exterior wall that is missing from the right side of the Building. Plywood covers a portion of the missing wall, although water is able to infiltrate through a large portion above the plywood that is uncovered. Staff has been informed that water is infiltrating the crawlspace through cracks in the foundation. if water were to accumulate in the Building, it could accelerate the dilapidation of the Building and cause respiratory hazards such as mould. The floors and ceilings throughout the Building are sloping. A bedroom on the second floor has a visibly sloped ceiling. Bending can be seen in the frame of the second floor unit's drop ceiling. Sloping is visible in the ceiling of the stairway corridor on the second floor. The stairs that lead to the second floor and those that lead to the third floor are slanted. On the third floor, the floor is sloped significantly in a room off of the stairway corridor. The Building's dilapidated condition is potentially hazardous. If failure were to occur, individuals in the Building could be injured. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: 1. The Building must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Building Coda of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code gf'C'anada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint ,John Building By-law"). 6. The premise must be cleared of ail 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 294 with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Sain[,lohn Building By -lax. 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: Zv)WX Benn Purinton ate Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: Christopher McKiel, P. Eng. Date Technical Services Engineer Growth and Community Development Services 295 Schedule "B" FORM I NOTICE OF APPEAL f-'i I e No,: BETWEN: Annexe ,, B)r FORMULE I A VI S WA PPE 1, N'du dossier: ENTRE': ...... ...... Appellant(s). Appekint(s). and This is Exhibit Referrec j to in the At davit of ,. I IF CITY 01SAINT.101 IN v 01: SAINT JOI. IN. worn before me at theitY hn flew I t B unswl k of , Parcel Identifiter PID 4 Commissioner of 0 s NUM&I-0 cl'idCritification de la parcelle NID Parcel Address: Adrcssc & la parcelic . ......... ...... ....... ... . .... . . ..... . . ............ Owner(s) or Occupier(s): Ilroprictairc(s) ou occupant(s) : Name: Norn � . - - ----- . . ....... . . ........ ___ ___ . ...... .......... — - - - - .......... . Address: .. Adresse: Telephone: _ _ .. . ..... ..... . — _ I cicphojle: Name: Noin Address: Adresse ; Telephone: 1,616pholle: The above narned appellant(s) is (are) not satisfied L'appelant OLI Ies appelants SUS1101nnle(s) nacceple(nt) with the terms and conditions Set out in: pas Ics rrlodalit6s 01.1 IeS Conditions (JUi Sont e1101IC6S clans : (a) a Notice that svas "iVC11 Under section 7 of the (U) Ull A\T, qUi a ete donn% en vertu de I'article 7 de Sohn John Unsighfly Premises ancl Dange)-011s i-elwif aux lieux ine,sthcthjues ei crux Bohlinp aml Sn-twowes BY-Law,or btilimew,s el coustruclions clungerelix clans Pw Cill, of'Stfinldohn: OU ('b) an Order that was issued under section 25 of the (h) UYIC ORDONNANC1. LILli a cte ennse en vertu Lie Saint John 11inimaw Properf.1" Slantyarty's B,),'- I'article 25 de concermuil les norwes Larva mblimule,s )-c%gis.sunl /ci%�siilejwes tie Saint John and therefore appeals to the Saini John Suhsiwnhtrcl et fait ainsi appCI devant le Colnifc)r (les uppels y1w les Prol)e)-fics Appeal Collunillee. re'sieleiwc.% no" conlornie.s twx norme's ale Sainl.jolm. The appellant's grounds for this appeal are as follows Les motifs d'appel de l'appelant(s) Bans le present (sel ow the grounds clearl), bul hrictiv): appel sont les suivants (encoder lea fnolifetc, fil4.on OR= -2- Dated at 20 Signature of owner or occupier claire et concise) : the day of Fait a The appellant(s) intends to proceed in the English [ ] or French [ ] language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the Common Clerk within fourteen (14) days after having been given the Notice or Order at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 81h Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L 1 Telephone: 506-658-2862 Facsimile: 506-674-4214 Notes: 1. A Notice or Order that is not appealed within fourteen (14) days after having been given or issued shall be deemed to be confirmed. 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 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. 20 Signature du propridtaire ou de l'occupant le L'appelant a ou les appelants ont l'intention d'utiliser la langue francaise [ ] ou and [ ] (Veuillez cocker la case appropriee). Veuillez faire parvenir votre ties D'.4PPEL par courrier recommande au greffier communal daps les quatorze (14) jours qui suivent la notification de VMS ou de VORDONNANCE a Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de I'h6tel de ville, 8e dtage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone: 506-658-2862 Facsimile : 506-674-4214 Notes : 1. Un AVIS ou une ORDONNANCE dont it West pas interjetd appel dans les quatorze (14) jours qui suivent la notification de FAVIS ou l'dmission de I'ORDONNANCE est rdputd conflrmd. 2. Lors d'un appel, le Comite des appels sur les residences non conformer aux normes de Saint John doit tenir, sur le point en litige, une audience au tours de laquelle le(s) propridtaire(s) ou l'occupant ou les occupants qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut (peuvent) se faire representer par un avocat. 3. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John peut confirmer, modifier ou annuler I'AVIS ou 1'oRDONNANCE on proroger le ddlai pour s'y conformer. 4. Le Comite des appels sur les residences non conformes aux normes de Saint John doit fournir une copie de sa decision au(x) propridtaire(s) ou d l'occupant ou aux occupants des lieux, du batiment ou de la construction qui lui a (ont) interjet6 appel dans les quatorze (14) jours suivant la date a laquelle it a rendu 297 -3- 5. The owner(s) or occupier(s) who is provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee regarding a Notice, 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 by-law was not followed, or (b) the decision is unreasonable. sa decision. 5. Le(s) propridtaire(s) ou 1'occupant ou les occupants a qui une copie d'une decision a dtd fournie par le Comite des appels sur les residences non conformes oux normes de Saint John concernant un Avis peut (peuvent), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la ddmarche a suivre en vertu de 1'arrete n'a pas dtd suivie, ou (b) la decision est deraisonnable. r•: CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 113-1. SAINT JOHN, N.B. ( PID number 1291AL—) AFFIDAVIT OF SERVICE I, 1"' 6^ , of Saint John, N.B., Make Oath And Say As Follows: 1. 1 am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 6ei---... 6I posted a "' zno at approximately 2. On �cw 1- copy of the attached Notice of Common Council Hearing letter, marked Exhibit "A" to the front door of the building that is located at P- 3- Q5 A" Qnw� , Saint John, N.B. Sworn To before me at the City of Saint John, N.B., on the 22 . . ...... day of 2020 .............. AW LYNN POFFENROTH COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31 ST, 2024 299 Permitting & Inspection / Service des inspections et de 11application By -Law Enforcement / Service d'Application des Arretes Municipaux Phone / T& (506) 658-2911. Fax / Telec: (506) 632-6199 September 14, 2020 Case Number: 16-0958 REGISTERED MAIL PMV Canada Inc. 526 Queen St Fredericton, NB E313 1 B9 Dear Sir/Madam: This is Exhibit At� efen ed to in the Affidavit of Sworn before me at the City of Saint Johp, New Brunswick the ay of —2) 7 ti Gjn�j�01f Oaths A Y t YMI POFFFN.IRC ; H COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 318T, 2024 NOTICE OF COMMON COUNCIL HEARING Re: 123-125 Main St, PID # 00378810 Dangerous and Vacant Building Program On August 28. 2020. 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 August 28. 2020. The fourteen (14) days appeal period has now expired. Therefore, a compliance inspection will be carried out on September 15. 2020. 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 September 28, 2020 at 6:00 p.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, kfA Benn Purinton. Technical Services Officer Growth & Community Development Saint jCuhn, NB Sint john, NA, Canada i:.21.4LI Canada E2L.41_1 300 123-125KdainStneeL, ohn,0�wBruns�ic �v/ Photo1 P|D#0037881O 123-125KdainStnee� ohn,0�wBrunsWick PhotoJ P|D#0037881O 123-125KdainStnee� ohn,0�wBrunsWick �v� Photo3 P|D#0037881O 123-125KdainStneeL, ohn,0�wBruns�ic �v� Photo4 P|D#0037881O 123-125KdainStneeL, ohn,0�wBruns�ic �vv Photo5 P|D#0037881O 123-125KdainStneeL, ohn,0�wBruns�ic �vv PhotoG P|D#0037881O 123-125KdainStneeL, ohn,0�wBrunsWick �v/ Photo7 P|D#0037881O 123-125KdainStneeL, ohn,0�wBruns�ic �vo Photo8 P|D#0037881O 123-125KdainStnee� ohn,0�wBrunsWick Photog P|D#0037881O 123-125KdainStnee� ohn,0�wBrunsWick �"/ Photo 10 P|D#0037881O COUNCIL REPORT M&C No. 2020-234 Report Date September 23, 2020 Meeting Date September 28, 2020 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 135 Main Street, 5 Albert Street (PID 00374595) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Benn Purinton J Hamilton /A Poffenroth John Collin RECOMMENDATION RESOLVED, that the building located at 135 Main Street, 5 Albert Street, PID# 00374595, 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 the 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 underthe 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 Common Council that a Notice to Comply was issued under Part 13 of the Local Governance Act for the building at 135 Main Street, 5 Albert Street. The hazardous conditions outlined in the Notice have not been remedied by the owners within the required time frame and staff is looking for authorization from Common Council to arrange the demolition of the building. PREVIOUS RESOLUTION N/A 311 -2- REPORT Inspections of the property at 135 Main Street, 5 Albert Street, PID# 00374595 have revealed that there is one building on the premise; a three -storey, three -unit apartment building. The building is currently assessed at $2,700. Staff first became aware of the property's vacancy in March 2016 and began standard enforcement procedures. The property is located on the City's North End in a residential zone. The Building is a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on August 28, 2020 and was posted to the building on August 28, 2020, as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. The Certificate of Registered Ownership lists a company as the owner of the Building. The Notice provided the owners with 15 days to remedy the conditions at the property. The owners did not file a formal appeal and did not take remedial action to comply with the requirements of the Notice. Since the Notice to Comply was issued, two fires have occurred at the property causing the building's condition to worsen. A compliance inspection was conducted on September 15, 2020, which revealed that the conditions which gave rise to the Notice have not been remedied since the Notice was issued. Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service. 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 building's 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 posted to the building on September 15, 2020. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is approximated at $20,000 and will take about 4-5 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy 195K -3- 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 Regarding 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 Ec1i191 FORM 4 NOTICE TO COMPLY —DANGEROUS OR UNSIGHLTY PREMISES (Local Governance Act, S.N.B., 2017, c.18, s 132(2)) Parcel identifier: PID # 00374595 Address: 135 Main Street & 5 Albert Street, Saint John NB Owner(s) or Occupier(s): Name: PMV Canada Inc. Address: 526 Queen Street, Fredericton NB, E3B I139 — 998 Forest Hill Road, Fredericton NB, E313 7G6 — 29 Autumn Wind Court, Kleinburg ON, LOJ 1 CO FORMULE 4 AVIS DE CONFORMITE — LIEUX DANGEREUX OU INESTHETIQUES (Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, par. 132(2)) Numero d'identification de la parcelle : NID : 00374595 Adresse : 135, rue Main et 5, rue Albert, Saint John NB Proprietaire(s) on occupant(s) : Nom : PMV Canada Inc. Adresse : 526, rue Queen, Fredericton NB, E3B 1139 — 998, rue Forest Hill, Fredericton NB, E313 7436 — 29, coot Autumn Wind, Kleinburg ON, LOJ ICO Local government giving notice: The City of Saint Gouvernement local signiflant Pavis : 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"). Arrete enfreint : Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux de Saint John, Arrete numero M-30, ainsi que ses modifications ci-afferentes (1' a Arrete » ). Provision(s) contravened: Subsections 6(1), 6(2) and Disposition(s) enfreinte(s) : Les paragraphes 6(1), 6(2) 6(3) of the By-law. et paragraphe 6(3) de I'Arr&6. 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 August 21, 2020 prepared by Benn Purinton, by-law enforcement officer, reviewed and concurred in by Christopher McKiel, 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. 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 masque de solidite. Les conditions du batiment et des lieux sont decrites a 1'annexe « A », one copie conforme du rapport d'inspection en date du 21 aout 2020 et prepare par Berm Purinton, un agente charge de 1'execution des arretes du gouvernement local, revise et en d'accorde avec par Christopher McKiel, ing., on agente charge de 1'execution des arretes du gouvernement local. Cc 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 les lieux en conformites avec 1'Arr&6. 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 &re ddmolis comme mesure corrective compte tenu qu'il represente on danger pour la securite du public et les lieux pourront etre nettoyes. Dans 1'eventualite de demolition, tour les debris et autres items sur les Iieux seront disposes comme mesure corrective dans le but de remedier le danger pour la securite du public. 314 The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Les mesures correctives susmentionnees relativement a la demolition du batiment et la disposition des debris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en etat des lieux, des terrains on des biens personnels on tome autre mesure corrective dans le but de controler on de reduire, d'eliminer le deversement, de modifier le mode de deversement on le deversement d'un polluant dans ou sur 1'environnement ou toute partie de Penvironnement. 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 15 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 30 days of being served with the Notice to Comply. a) La demolition du batiment et le nettoyage des lieux doivent titre completees, ou A laquelle les plans et demande de permis pour les mesures des reparations, doivent titre soumises, dans les 15 jours qui suivent la signification de 1'avis de conformite. b) Les reparations reliees aux mesures doivent titre completees dans les 30 jours qui suivent la signification de Pavis de conformite. Date for giving notice of appeal: Within 14 days of Date limite pour donner 1'avis d'appel: Dans les 14 being served with the Notice to Comply. jours qui suivent la notification de I'avis de conformite. 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:' Subsection 11( I) 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 I l(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)(b)(i). Local government's authority to undertake repairs or remedy:' Paragraphs 12(1)(a), 12(1)(b) and 12(1)(c) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the 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. Proeessus d'appel : La proprietaire peux dans les 14 jours qui suivent la notification de ('avis de conformite, envoye un avis d'appel par courrier recommande A la greffiere communale de la municipalite, A The City of Saint John, $difice 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 1'avis dans le delai y imparti: ' Le paragraphe I I (1) de I'Arrete prevoit quiconque omet de se conformer aux exigences formulees dans on avis de conformite notifie aux termes de Particle 7 de ladite Arrete, commet one infraction qui est punishable 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 an paragraphe 11(1) se poursuit pendant plus d'une journee, I'amende minimale qui pent titre imposee est I'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour one infraction de la classe F multipliee par le hombre de jours pendant lesquels ('infraction se poursuit conformement A I'alinea I I (3)b)i). Pouvoir du gouvernement local d'entreprendre des reparations on de remedier A la situation : s Conformement aux alineas 12(1)a), 12(1)b) et 12(1)c) de I'Arrete, si un avis de conformite a ete signifie aux termes de Iarticle 7 de ladite Arrete et, que le proprietaire on I'occupant ne se conforme pas A cet avis de conformite dans le delai imparti et tel qu'il est repute confirme on tel qu'il est confirme on modifie par on comite du conseil on par un juge en vertu le paragraphe 12(3) de ladite Arrete, la municipalite pent faire nettoyer on reparer les Iieux de cc proprietaire on de cet occupant ou de faire reparer on demolir le batiment on autre construction de cc proprietaire on de cet occupant, et les coats afferents A 1'execution des ouvrages, y compris 315 Dated at Saint John on the W day of August, 2020. Local government: The City of Saint John Signature of the officer of the local government: toute redevance ou tout droit connexe, sont mis a la charge du propri6taire on de ('occupant et deviennent une cr6ance de la municipalitd. el Fait a Saint John le Iyaofit 2020. 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: Berm Purinton 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: benn.purinton@saintjohn.ca Fax: (506) 632-6199 Corporate seal of I Notes: a/ 1. All appropriate permits must to o tained and all relevant legislation must be complied with in the course of carrying out the required remedial action. Nom : Berm Purinton Adresse postale: Service de la Croissance et du D6veloppement Communautaire The City of Saint John 15 Market Square Edifice de Ph6tel de ville, l0e 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 T616phone : (506) 658-2911 Adresse 6lectronique: benn.purinton@saintjohn.ca Uldcopieur : (506) 632-6199 Sceau du gouvernement local Notes : I. Tons les permis prescrits doivent &re obtenus et toute la legislation pertinente doit etre respectee pendant Pex6cution 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 I'arrete, a Ia norme on a Pavis. 3. Costs become a debt due to the local government and may be 3. Les couts deviennent one creance du gouvernement local et added to the joint local government and provincial Real Property peuvent etre ajoutes a Vavis commun d'6valuation et d'impot Assessment and Tax Notice. foncier des gouvernements local et provincial. 316 INSPECTION REPORT Schedule "A" 135 Main Street & 5 Albert Street Saint John, New Brunswick PID# 00374595 Inspection Date: February 4, 2020 & July 29, 2020 Inspection Conducted by: Benn Purinton Introduction i Wigby oar* thief ft 1 Ie a tr alw of"N ' +ati 1. D d this c� ctAt,clards Officer Inspection of the property, PID# 00374595, revealed that there is one buffing on the premises (the `Building"); a three -storey, wood -frame, two -unit apartment bu ding. Staff first became aware of the vacancy of the Building in October 2016 and began standard enforcement procedures. The property is located in the City's North End in a residential zone. The Building is a hazard to the safety of the public by reason of being vacant or unoccupied, by reason of dilapidation and by reason of unsoundness of structural strength. Discussion The Building does not comply 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; (h) 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. The Building is dilapidated. The exterior cladding is composed of both wood clapboard and wood shingle siding. On the front of the Building, some of the wood clapboard siding is broken or missing which is exposing the black tar paper. Paint is peeling from both the wood shingle and wood clapboard siding on all sides of the Building. The Building was painted yellow, although the bottom half was recently painted white to cover graffiti. Stains can be seen on the wood shingles on the rear of the Building. The concrete steps that lead to the Building's entrance have multiple cracks. There are also cracks in the foundation on the right side of the Building. A top floor window at tine front of the Building was left ajar. The frame of this window is crooked and one of the panes is missing. The exterior conditions of the Building 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. 317 The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: Buildings in a dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. There is evidence of criminal activity occurring in the Building. Interior inspection revealed that holes were broken into the walls throughout the Building. This appears to have been done in an attempt to remove copper wire. On at least one occasion, City staff received a Police report of activity occurring at the Building. The dilapidated conditions of the Building 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. Saint John Energy confirmed that the power has been disconnected since December 2016. The City of Saint John Finance department confirmed that the water has been turned off since June 2016. The Building's registered owner has abandoned a number of properties in the City's North End. It is suspected that the Building is abandoned. 2. There is a concern for firefighter safety in the event of a fire. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The condition of the Building is not known to firefighters, which poses a hazard to their safety in the event of a fire. The interior inspection of the Building revealed that there is an excessive amount debris scattered throughout. Each floor of the Building is scattered with various building materials and household items. Any person attempting to gain access to the Building could trip and fall on the debris which could cause personal injury. The potential for injury is increased by the presence of broken glass. The debris would limit the movement of emergency personnel entering the Building. The sloped floors throughout the second and third floors could present a threat if emergency personnel are required to enter the Building. If the floors were to fail, emergency personnel could be injured. Dilapidated 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. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: The Building's interior is dilapidated. The first floor unit's ceiling and walls have been stripped to the frame. In the second and third floor, substantial amounts of holes have been broken in the walls, exposing the frame. When staff inspected the property in June of 2018, the walls were mostly intact with the exception of a few small holes. Due to the owner's suspected abandonment of the property, it is likely that the interior was stripped by vandals to retrieve copper wire. If trespassers are in the property, they may present a hazard to those who are required to enter the Building. The trespassers could also be injured by the hazardous conditions of the Building. 2. Bowing can be seen in the first floor ceiling's frame and sheathing. Some of the ceiling joists have disconnected from one end and now hang diagonally across the room. One ceiling joist has fallen or was removed and is now lying across the floor. If the hanging ceiling joists were to fall, they could strike an individual potentially injuring them. 3. There is debris present throughout the Building. The debris is composed of various building materials and household items. A first floor window is broken with some glass remaining in the frame and some scattered across the floor. The debris 318 presents a tripping hazard to individuals who enter the Building. The potential for injury is increased by the potential to fall on sharp objects such as glass or the nails protruding from the detached ceiling joists. 4. A significant amount of water has accumulated in the Building's crawlspace. The pooled water could accelerate the deterioration of the Building's foundation. Cracking in the foundation was observed in the interior of the crawlspace and exterior of the Building. Structurally Unsound Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of unsoundness of structural strength for the following reasons: There is significant sloping occurring throughout the Building, most notably on the second and, third floors. The stripped ceiling in the first floor exposes the frame. Several of the second floor joists have disconnected from the frame on one end. One joist has completely detached, lying in a first floor room. The second floor is lacking support and could fail as a result. The stairs leading to the Building's third floor are visibly sloped and feel unstable when they are walked on. Due to safety concerns, City inspectors elected not to inspect the third floor. The structural conditions that are causing instability in the Building are potentially hazardous. There is a risk of injury if failure were to occur. Required Remedial Actions The owner must comply with one of the two options stated below: Option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: I . The Building must be 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 Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the National Building Code of Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint John Building By-law"). 6. The premise must be cleared of all debris found on the property, including any and all rubbish that may be considered hazardous or unsightly. The debris from the 319 premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By -tans. 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-laws, Acts and Regulations. Prepared by: Bern Purinton Date Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: 6�1 l-4 21 , ZO20 Christopher WKiel, P. Eng Date Technical Services Engineer Growth and Community Development Services 4 320 (,,'ANAF)A PR0VfNC'l-'(.*'NFW BRUNSWICK COUNTY ()I-'SAIN'[',I(,)I--IN INTHFNIATTER OF-1111ll )INOTHATIS LOCAIT'D A'Y � . U111 I r. I -1 e fl/j, 1� L I lb r SIVNIT'JOHN., N.B.N�B. (PID Af�'1"11)AVI'1'01'SlRVI(I'l�'I ot'SaintJohn, N.B.. N4ake Oath And Say As Follov"S: 1. i I I am etiiploved b% 'I lie City ot'Saint John in its (irowth and Com=nitv Development Services Departnic"t. I have personal knowledge of the matters herein deposed except where otherkvise stated. �o atelv I posted a 2 . On ini, at appro�x copy of the attached Notice to Con,iply. marked F"Ahlbit and Notice ot'Appeal, narked F;xhlbit "13" to the front door of -the bUilding that is located at Saint John, N.B. Sworn To before me at the (1ty ()fSaint-Iolin. N.B.. on the day of 2020 CHRISTOP�HER MCKIEL COMMISSIONER OF OATHS My ComMISSION EXPIRES 321 DECEMBER 31ST,-2G-1"9 2,,ol— y UIA, FORM 4 NOTICE TO COMPLY - DANGEROUS OR IJNSIGI41,TY PREMISES (Loced GovertianceAct, S.N.B.,2017, C.18, s 132(2)) FORMULE4 AVIS DE CONFORMITt - LIEUX DANGEREUX OU INFSTHETIQUES (Lori sur lit gouverneince locale, L.N.-B. 2017, ch. 18, par. 132(2)) ThiS is Exhibit "' R f Nurnero d'identification de [a parcelle Parcel identillier: RalerredtOiritTl Affldavl Q PID # 003 74595 Sworn before me at the City Of NID: 00374595 pain d n,NeWBrunsWir_k_ _-Ie) Address: 135 M4146", &Y 6f se: 135, rue Main et 5, ille Albert, Saint John B N Saint John NB ------- Commissioner of aths 0%,"Cr(s) or Occupier(s): Propri6taire(s) ou occupant(s) Narne: PMV Canada Inc. Norin : PMV Canada Inc. Address: 526 Queell Street, I"'redericton N13, E313 189 -- 999 Forest Hill Road, 1'redericton NB, E313 7G6 - 29 Autunin Wind Court, KleinbUrg ON, L0J I CO Adresse: 526, rue Queen, Fredericton NB, fDB I B9 - 998, rue 11-rarest Ifill, Fredericton NB, E3B 766 -- 29, cour Autumn Wind, Kleinburg ON, LOJ ICO Local government: giVilig laottlee: 'I'lle City of Saint Gouvernement local signiflaut I'avis : The City of John Saint John By-law contravened: Saini John UnsiXhlv Premises card Dangerous Buildings andlStructures BY -Law, By- law Number M-30 and aniendirients thereto (tile "By- law"). Arrete enfreint : ArrcterelalU'azix lieux inesthetiques el cjux b4itinjents et conslruclion,s dongereux de Faint Bohn, An-616 num6ro M-30. ainsi que ses modifications ci-aff6rentes (l' o Arr&te 0. Provisionts) contravene(): Subsections 60), 6(2) and I)isposition(s) enfreinte(s) : Les paragraphes 6(l), 6(2 , I 6(3) of tile By-law, et paragrapbe 6(3) de I'Arr&16, C,ondifions(s) that exist: The premise is unsightly by permitting junk, rubbish, refuse and a dilapidated building to remain on the premise. The building has becorne a hazard to the safety of the public by reason of being vacant or unoccupied and has become a hazard to tile safety of the public by reason ot'dilapidation and by reason of' unsoundness of' structural strength. 'rile comfitions of the building and premise are described in Schedule "A", a true copy ofthe inspection report ('fated August 21, 2020 prepared by Berin Purinton, by-law c liforcenient officer, reviewed and concurred in by Christopher McKiel, ll. Eng., by-law enforcement o f"11i c c r. What must be done to correct the condition: The owner IS to remedy the conditions by complying with the required remedial actions of' the albrernentioned 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 tile building and premises in the time prescribed by this Notice tea Comply, the building may be demolished �as tile corrective action to address the hazard to the safety of the public and the premises may be cleaned Lip. lit 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:. Description de la (des) situation(s) : Les heux sont ines,thetiqueS ell pernnedant la presence de ferraille, de d6tritUS el le b5timent d6labl-6. Le bdifirrient eat deVeIlU dangereuse pour la s6curit6 du public du fait de son inhabitation on de son illOCCLIpatiOn et est devenu dangereuse pour la S&Uritc du public do fait de son d6labrement et du fait de inanque de solidite. Les conditions du bdfirnent et &s lieux scent d6crites is I'annexe 4< A », line copic conforme du rapport cLiuspection en date du 21 aunt 2020 et prepare par Benn Purinton, un agente charge de I'ex6cution des arret6s du gOLIvernernent local, revise et en d'accorde aver par Christopher N/IcKiel, ing., un agente charge de )'execution des art ten du gouvernetuent local. Ce qu'il y a lieu de fitifire pour y rem6dier: La proprietaire doit restallrer les conditions en se conformant OUX recornmandations (11A rapport d'inspection SUStuentiont16 et d'aniener le Moment et bes lieux en conforinit6s aver I'Arr&6, Dans l'&VC1ltUaluc Clue la proprietaire tie rernedient pa", le bAtinient et les lieux dons le temps prescrit par le present avis de conforniit6, le bfilinient pourront titre d6rnolis comrne mesure corrective cornpte tenu qu'il represents un danger POUr is s6curit6 (In public et les lieux pourront titre nettoy6s. Dans 1'eventualit6 de demolition, t0LIS les debris et autres items sir les lieux seront disf)os&s cornme ITICS1.1re corrective daps le but de remedier le danger pour la S&U616 du public. 322 The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Les mesures correctives susmentionnees relativement a is demolition du batiment et la disposition des debris et autres items sur les lieux ne comprennent pas le nettoyage, la remise en etat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de controler ou de reduire, d'eliminer le deversement, de modifier le mode de deversement ou le deversement d' un polluant dans ou sur f env ironnement ou toute partie de Penvironnement. 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 15 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 30 days of being served with the Notice to Comply. a) La demolition du batiment et le nettoyage des lieux doivent titre completees, ou a laquelle les plans et demande de permis pour les mesures des reparations, doivent etre soumises, dans les 15 jours qui suivent la signification de Pavis de conformite. b) Les reparations reliees aux mesures doivent titre completees dans les 30 jours qui suivent la signification de Pavis de conformite. Date for giving notice of appeal: Within 14 days of Date limite pour donner I'avis d'appel: Dans les 14 being served with the Notice to Comply. jours qui suivent la notification de I'avis de conformite. 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 4LL Potential penalty for not complying with notice within time set out in notice:' Subsection l I(]) 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 I I(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 (3xb)(i). Local government's authority to undertake repairs or remedy:' Paragraphs 12(1)(a), 120 )(b) and 12(1)(c) of the By-law state that if an owner or occupier does not comply with a Notice to Comply given under section 7 within the time set out in the said Notice, the 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. Processus d'appel : La proprietaire peux dans les 14 jours qui suivent la notification de Pavis de conformite, envoye un avis d'appel par courrier recommande a la greffiere communale de la municipalite, a The City of Saint John, Edifice de I'hdtel 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 ]'avis dans le delai y imparti : ' Le paragraphe 1 I(1) de I'Arrete prevoit quiconque omet de se conformer aux exigences formulees dans un avis de conformite notifie aux terries 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 I1(1) se poursuit pendant plus d'une journee, Pamende minimale qui peut etre imposee est I'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 ('infraction se poursuit conformement a I'alinea 11(3)b)i). Pouvoir du gouvernement local d'entreprendre des reparations ou de remedier a la situation : ' Conformement aux alineas 12(1)a), 12(1)b) et 12(1)c) de I'Arrete, si un avis de conformite a ete signifie aux termer de Particle 7 de ladite Arrete et, que le proprietaire ou ('occupant ne se conforme pas a cet avis de conformite dans le delai imparti et tel qu'il est repute confirme ou tel qu'il est confitme ou modifie par un comite du conseil ou par un juge en vertu le paragraphe 12(3) de ladite Arrete, la municipalite pent faire nettoyer ou reparer les lieux de ce proprietaire ou de cet occupant ou de faire reparer on demolir le batiment ou autre construction de ce proprietaire ou de cet occupant, et les couts afferents a 1'execution des ouvrages, y compris 323 Dated at sairit John on the 1'day of"August, 2020 Local government: The City ol'Saint John signature of lite officer of the local government: route redevance OU tout droit connexe, sont mis A la charge du propri6tirre tau de l'occupant et deviennent Line cr6ance de la inunicipalit6. Fait A Sint John he ?,Y aaofa 2020 Gouvernement locale : The City of Saint .10hrl Signature du tonctionnaire du I! ,ouvernement local: Contact information of the officer of the local Goordorkn&s do fonctionnaire (in gotivernement government: local: Narne: Bern Purinton Mailing address: Growth and Community Development Services 'I'lle City of Saint John i 5 Market Square City Hall Building, 10"' Floor I,, CiBox 1971 Saint Jo4n, New Brunswick 1`21- 41,1 Telephone: (506) 658-2911 E-mail: berol, pur inton(i),saintj oil 11 . Ca I, ax: (506) 63 2-6 199 Corporate seal of I Notes: W_ I All appropriate permits nosl ac altunad and all relevant legislatioll must he complied with ill the course ot'carrying out the requirecl remedial action. Norn : Benn Purinton Adresse postale: Service de la roissance et du D&VCIOPPerueut Communautihre 'rhe City of Saint John 15 Market Square L-Afice de n'h6tel de ville, I Oe &(age Case postale 19,71 Saint John (Nouveau -Brunswick) E2L 4LI T6,16pholle : (506) 658-29 1 ➢ Adresse 6lectronique: betin.iiairiiitoti(rx)saiilt.poliii.ca ui&opiehr : (506) 632-6199 Sceau du gouvernement local Notes : I. J'oos Jes pemais prewrits, doikera �trc obienus et WOW lit hegishition pertinewe doa titre respecter perdallt 'e\ecU1i0f1 des mesures de mncdiotiop. 2, Payment ol'the fine COCS DOk alleviate the obligation to comply I Le ijaielliellt de j%olleadc o,j,l pas pow efllei ('annular with the by-law, shuidird or notice. j,(qjjjgatio5i de se cojil'ormer A 'arrele, a ht noltile ou <l avis. 3 Costs become a debt due to the local govQrnrllellt and Inay be 3. Les cobts devieflacril LUIC cj,6ance (Itt tottvernement local et mided to the 1Y a 1,ai, tlanol, (J' evaju<jti()o et d'hnp6l joint local go�ernrnera and provincial ReOl Pr011el PnJvent �trc �ljou��s � co Assessment ,aid 'fax Notice. f"oncicr ties gotivernemetas local et provincial 324 i hemby oarlify dw to dounwIt to a Ill" 0" of I NSPECTION REPORT Schedule "A" 135 M, ain Street & 5 Albert Street Saint,lohn, New Brunswick PID4 00374595 IlIspecti(ni Date: February 4,2020 & July 29, 2020 111spection Conducted by' Benn Purintoll 1;tvivid"fliq 0mce Introduction Inspection of the property, 1 110 00374595, revealed that there is one but �1, I mg, oil tile, prerni'ses (tile -BUilding").- a three -storey. wood France. tWo-Unit apartment bur ding. Staff first became aware of the vacancy ol'the Building in October 2016 and began standard enforcement procedilres. The property is located in tile City's North E,nd in a residential zone. 'file Building is a hazard to the Sjfcj.y ()I'tllC public by reason ofbeing vacant or tilloccupie.d, by reason of dilapidation and by reason of Lillsom iciness of StRiCtLrral strength. Discussion 'file Building does not col"PlY with tile Saint John Prcmise,N oad Dangc!'Y)11s 13uildings and Striwlure,a- IxV-10W, By-law Number M-30, and arriendimilts thereto (tile "By-law"). Unsightly Premise Conditions Subsection 6(l ) ofthe By-law states: No person shall permit premises owned or occupied by hirin or her to be unsightly by permitting to rernain oil any part ofstich Pre'llises (a) any ashes,jUnk, rubbish or refuse; paper, sawdust cm. other- FCSiCILIC ('if' (h) all ',1CLUMUlation 0fW00d ShLi%'ings" production or construction; a derelict vehicle, 0qu4)Illcnt, machinery or tire body of any part ofa v,ellicle equipment or machinery, or (cI) as dilapidated building. The Building is dilapidated. The exterior cladding, is COMPOSC(I 011' both \'vO()(j clapboard and wood shingle siding. (,),I tile Front of the Building, sonle of the wood clapboard siding is broken or missing which is exilosilIP, the black tar paper. Paint is peeling from both the wood shingle and wt)ocl clapboard siding on all sides Ofthc Building, The 131,likfillf,' was painted yellow, althOLIgh the bottom half was recently painted white to cover graffiti, Stains call be seen oil the wood shingles ot, tile rear of' the Building, '-file concrete steps that lead to the Btiiiding's entrance have InUhillIC cracks, There are also cracks in the foundation on tile right side of the 111,nlcfing. A top hoar window at tile jr(alt ofthe BLlikling was left ajar. The frame ofthis window is crooked and one oh the pjjlLs is rlissing, 'file exterior conditiolls of the Building are UnSightlY. Vacant and Unoccupied Subsection 6(2) of the By-law states: No person shall, permit as building, or other struCtUrC owned or occupied by the person to become 'a hazard to the safety ofthC public by reason of being vacant or LITIOCCLIpied. 0491 The Building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: I. Buildings in a dilapidated condition that are known to be vacant can attract vandalism, arson and criminal activity. There is evidence of criminal activity occurring in the Building. Interior inspection revealed that holes were broken into the walls throughout the Building. This appears to have been done in an attempt to remove copper wire. On at least one occasion, City staff received a Police report of activity occurring at the Building. The dilapidated conditions of the Building 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. Saint John Energy confirmed that the power has been disconnected since December 2016. The City of Saint John Finance department confirmed that the water has been turned off since June 2016. The Building's registered owner has abandoned a number of properties in the City's North End. It is suspected that the Building is abandoned. 2. There is a concern for firefighter safety in the event of a fire. If firefighters suspect there may be people inside the Building, it would be reasonable to expect they may be required to enter it. The condition of the Building is not known to firefighters, which poses a hazard to their safety in the event of a fire. The interior inspection of the Building revealed that there is an excessive amount debris scattered throughout. Each floor of the Building is scattered with various building materials and household items. Any person attempting to gain access to the Building could trip and fall on the debris which could cause personal injury. The potential for injury is increased by the presence of broken glass. The debris would limit the movement of emergency personnel entering the Building. The sloped floors throughout the second and third floors could present a threat if emergency personnel are required to enter the Building. If the floors were to fail, emergency personnel could be injured. Dilapidated 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. The Building is a hazard to the safety of the public by reason of dilapidation for the following reasons: 1. The Building's interior is dilapidated. The first floor unit's ceiling and walls have been stripped to the frame. In the second and third floor, substantial amounts of holes have been broken in the walls, exposing the frame. When staff inspected the property in June of 2018, the walls were mostly intact with the exception of a few small holes. Due to the owner's suspected abandonment of the property, it is likely that the interior was stripped by vandals to retrieve copper wire. If trespassers are in the property, they may present a hazard to those who are required to enter the Building. The trespassers could also be injured by the hazardous conditions of the Building. 2. Bowing can be seen in the first floor ceiling's frame and sheathing. Some of the ceiling joists have disconnected from one end and now hang diagonally across the room. One ceiling joist has fallen or was removed and is now lying across the floor. If the hanging ceiling joists were to fall, they could strike an individual potentially injuring them. 3. There is debris present throughout the Building. The debris is composed of various building materials and household items. A first floor window is broken with some glass remaining in the frame and some scattered across the floor. The debris 326 presents a tripping hazard to individuals who enter the Building. The potential for injury is increased by the potential to fall on sharp objects such as glass or the nails protruding from the detached ceiling joists. 4. A significant amount of water has accumulated in the Building's crawlspace. The pooled water could accelerate the deterioration of the Building's foundation. Cracking in the foundation was observed in the interior of the crawlspace and exterior of the Building. Structurally Unsound Building Conditions Subsection 6(3) of the By-law states No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of unsoundness of structural strength. The Building is a hazard to the safety of the public by reason of unsoundness of structural strength for the following reasons: l . There is significant sloping occurring throughout the Building, most notably on the second and, third floors. The stripped ceiling in the first floor exposes the frame. Several of the second floor joists have disconnected from the frame on one end. One joist has completely detached, lying in a first floor room. The second floor is lacking support and could fail as a result. The stairs leading to the Building's third floor are visibly sloped and feel unstable when they are walked on. Due to safety concerns, City inspectors elected not to inspect the third floor. The structural conditions that are causing instability in the Building are potentially hazardous. There is a risk of injury if failure were to occur. Required Remedial Actions The owner must comply with one of the two options stated below: option 1: Remedy the conditions of the Building through all repair and remedial actions as follows: I. The Building must be completely repaired to remedy the above mentioned hazards to public safety while meeting the requirements of the National Buildings Code of Canada (2010) as well as all other applicable by-laws. 2. The Building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Growth and Community Development Services Department of the City of Saint John (the "Department") for review and approval. The plan should also include a schedule for the work that is to be carried out. The repaired Building must meet the Naiivnal Building Code of Canada (2010) as well as other applicable codes. 4. The detailed plan, including schedules and any engineering reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Sainl.lohn Building By-law, By-law Number C.P. 102 and amendments thereto (the "Saint .lohn Building By -/am,"). 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 OAP FA premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by-laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable By-laws, Acts, Codes and Regulations. Option 2: Demolition of the Building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The Building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By-law. 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: Benn Purinton Date Technical Services Officer Growth and Community Development Services Reviewed by and concurred in by: �itlaclS� 2.� Christopher WKiel, P. Eng Date Technical Services Engineer Growth and Community Development Services 328 Schedule "B" FORM I NOTICE OF APPEAL File No,.: BFTWEUN: Appeliant(s). =11111 Annexe o B >> FORMULE I AVIS WAPPEL N"du dossier: I 'N I-R I-": Appelant(s). et - is is, )FSAINTJOHN, 'I'] ILCITY 01"SAINTJOI IN 0j] IF, CITY Respq ty 0 lick, 44' e la parcelle: 4 NjID MMricationd Parcel Identifier: 1111) 'Alfor Of 0 S Parcel Address: Adresse de ILL parcelle: owner(s) or Occupier(s): Proprietaire(s) OLI OCCUIXIM(S): Name: Noln: Address: Adresse : Telephone: . ... .... . I'elephone: Narnc: Nom : Address: . .... ... . —1 . Adresse : I I'elephone: -- . ... ... 'telephone: The above nalned appcham(s) is (are) not. satisfied L'appelant on les appelants susnornrrle(s) ri'acceptc(rit) Nvith the terms and conditions set out in: pas Ics rnodahtc s Oil les conditions qui SOL11 ellOnCeS dons: (a) a Notice that was given Under section 7 of the (a) Lill AVIS qui to 6te dome ell Willi de I'article 7 tie sailli John Unsighll.Y Premises and 1)(1) 'ge"W's 1-cjtjjif Ljt.y fieux inesfh0iqvcs el ellt-v Bjjjj&j2g.s andSirnctures BY-Law,or b4ijiments et construciion,s dangereux thum The ('jjY rat Sohii.John, ou (b) all Order that wNas issued Under SCCtiotl 2-5 of the (b) one OKDO,\\ANUiqui a ete aiise en vertu de Saint Jahn Alinjamm Proj)ertv Slundurtls BY- I'article25 de 1',9rv�jc% conternum le,s aorives I'mv, im . m . m(i1cs re,�isscml ks de Saint John and therefore appeals to the selint'john sltbsmnchlrd et fait ainsi appel deviant le Comihi d- UPI-18 slff le,8 llropvrlies'-Jpjaeal Cofwniueere.YicknLTS 7107 (JeSuim,lohm The appellants grounds or this appeal are as follows I,es inotifis dappel de I'appelaril(s) darns le present (set out the grounds clearl-l'bul 1)11019: appel sont ICS SUivants (enoncer /cs moflfs t/C fly -on 040-1 -2- Dated at 20 Signature of owner or occupier Claire et concise) : the day of Fait a The appellant(s) intends to proceed in the English [ ] or French [ ] language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the Common Clerk within fourteen (14) days after having been given the Notice or Order at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 81h Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Facsimile: 506-674-4214 Notes: 1. A Notice or Order that is not appealed within fourteen (14) days after having been given or issued shall be deemed to be confirmed. 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 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. 20 Signature du propri6taire ou de l'occupant le L'appelant a ou les appelants ont Fintention d'utiliser la langue franraise [ ] ou analaise [ ] (Veuillez cocker la case appropriee). Veuillez faire parvenir votre Avis D'.APPEL par courrier recommande au greffier communal dons les quatorze (14) jours qui suivent la notification de 1'At'is ou de l 'oRDONNANCE a Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de 1'h6tel de ville, 8e 6tage Case postale 1971 Saint John (Nouveau -Brunswick) E2L 4L1 Telephone : 506-658-2862 Facsimile : 506-674-4214 Notes : 1. Un AVIS ou une ORDONNANCE dont it n'est pas interjete appel dans les quatorze (14) jours qui suivent ]a notification de FAVIS ou 1'emission de 1'ORDONNANCE est r6pu16 confirme. 2. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John doit tenir, sur le point en litige, une audience au tours de laquelle le(s) proprietaire(s) ou l'occupant on les occupants qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut (peuvent) se faire representer par un avocat. 3. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John peut confrmer, modifier ou annuler FAvis ou FORDONNANCE ou proroger le delai pour s'y conformer. 4. Le Comite des appels sur les residences non conformes aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a l'occupant ou aux occupants des lieux, du batiment ou de la construction qui lui a (ont) interjet6 appel dans les quatorze (14) jours suivant ]a date a laquelle it a rendu 330 BIN 5. The owner(s) or occupier(s) who is provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee regarding a Notice, 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 by-law was not followed, or (b) the decision is unreasonable. sa decision. 5. Le(s) propridtaire(s) ou 1'occupant ou les occupants a qui une copie d'une decision a ete fournie par le Comite des appels sur les residences non conformes aux normes de Saint John concernant un Avis peut (peuvent), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de l'arrete n'a pas ete suivie, ou (b) la decision est deraisonnable. 331 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT w� 5614A SAINT JOHN, N.B. (PID number I 37 AFFIDAVIT OF SERVICE I, ,, A ,.,('A. 61 , of Saint John, N.B., Make Oath And Say As Follows: 1. 1 am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the matters herein deposed except where otherwise stated. 1 54421, 0 ?-( 2. On ) at approximately gw�, 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. 135 Avu.1- , Saint Sworn To before me at the City of Saint John, N.B., on the ,Oc� day of �C) -, , 2020 AMY LYN IN UY PCMMISSIONCONROTH COMMISSION 6. EHS DECEMiER 31sr2024 1919% Permitting & Inspection / Service des inspections et de I'application By -Law Enforcement / Service d'Application des Arretes Municipaux Phone / Tel: (506) 658-2911 Fax / Telec: (506) 632-6199 September 14, 2020 Case Number: 16-0188 REGISTERED MAIL PMV Canada Inc. 526 Queen St Fredericton, NB E313 1139 Dear Sir/Madam: This is Exhibit "d V Referred to i the Affidavit of Swom before me at the City of Sain t Jon, New nswidc the,7? ""°. day of �., :,)Mrn(8si6Ftk of Oaths AMY LYNN POFFENROTH COMMISSIONER Of OATHS MY COMMISSION EXPIRES DECEMBER 31sT, 2024 NOTICE OF COMMON COUNCIL HEARING Re: 135 Main St, PID # 00374595 Dangerous and Vacant Building Program On August 28. 2020, 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 August 28. 2020. The fourteen (14) days appeal period has now expired. Therefore, a compliance inspection will be carried out on September 15, 2020. 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 September 28, 2020 at 6:00 p.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,y".., Benn Purinton. Technical Services Officer Growth & Community Development Services Ro Box 1971 C R 19711 .w._,. :oagrat. porue & Saint oaaa„ K B.-.. Canada EA, 4LI Canada EA 41 SAINT Jf.IH _ wvwv,4ntjohn,,ca 333 135 Kdain StneeL, 5 AJ6ertSt S i ]ohn, 0�w BrunsWick �� Photo1 P|D4400374595 135 Kdain StneeL, 5 AJ6ertSt S i ]ohn, 0�w BrunsWick ��v PhotoJ P|D#00374595 135 Kdain StneeL, 5 AJ6ertSt S i ]ohn, 0�w BrunsWick ��v Photo3 P|D#00374595 135 Kdain StneeL, 5 AJ6ertSt S i ]ohn, 0�w BrunsWick ��/ Photo4 P|D#00374595 135 Kdain StneeL, 5 AJ6ertSt S i ]ohn, 0�w BrunsWick ��o Photo5 P|D#00374595 135 Kdain StneeL, 5 AJ6ertSt S i ]ohn, 0�w BrunsWick �� Photo P|D#00374595 135 Kdain StneeL, 5 AJ6ertSt S i ]ohn, 0�w BrunsWick ��o Photo7 P|D#00374595 135 Kdain StneeL, 5 AJ6eirtSt S i ]ohn, 0�w BrunsWick ��' Photo8 P|D#00374595 135 Kdain StneeL, 5 AJ6eirtSt S i ]ohn, 0�w BrunsWick �� Photog P|D#00374595 135 Kdain StneeL, 5 AJ6ertSt S i ]ohn, 0�w BrunsWick �� Photo1O P|D#00374595 COUNCIL REPORT M&C No. M&C 2020-239 Report Date September 22, 2020 Meeting Date September 28, 2020 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Update on MoveSJ: Saint John's New Transportation Plan OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim O'Reilly Michael Hugenholtz John Collin RECOMMENDATION Your City Manager recommends Common Council receive and file this report. EXECUTIVE SUMMARY MoveSJ, the City's new Transportation Plan, has the aspirational goal of: providing each Saint John citizen the opportunity to use the mode of transportation of their choice and be safe while doing so. MoveSJ is in its third of three phases, with the entire Plan scheduled to be completed by the end of 2020. As was successfully undertaken for Phase 2, City staff intend to bring various components of Phase 3 individually before Common Council in draft format ahead of a period of public consultation, then requested adoption of Phase 3 by Common Council in its entirety. Development of MoveSJ has taken several years, commencing in 2015, as a result of financial limitations of the City. Ahead of presenting each component of Phase 3 pf MoveSJ, City staff believes it is important to update Common Council on the overall initiative, including how it aligns with a larger City Strategic Plan initiative. PREVIOUS RESOLUTION N/A -2- REPORT Overall MoveSJ Goals and Approach The Aspirational Goal of MoveSJ can be described as: providing each Saint John citizen the opportunity to use the mode of transportation of their choice and be safe while doing so. This aspirational goal, and coordinated steps to get there, are intended to be achieved through MoveSJ via various themes as follows: Holistic Approach: A holistic approach to transportation in the City is required, such as considering growth of our City over time, asset management (so we can afford to maintain what we build), the role of other levels of government and provincial regulations, and interaction and impacts between different transportation modes. Data -Driven and Risk Management Approach: MoveSJ uses data, industry best practices, and risk management techniques to support decision -making. A Shared Responsibility: Pursuing all three "E"s (Engineering, Enforcement, and Education) contribute to safety on our roadways. The roles of the City in providing policy, infrastructure, safety measures, and ensuring compliance with rules of the road are detailed through MoveSJ, but so are the roles of the transportation system users themselves. In the end, a transportation system is each of us when we are motorists, cyclists, pedestrians, Transit users, etc., and we all play an important part in our actions when in these roles to maintain safe streets. Patience for More Significant Improvements: Similar to many municipalities, Saint John's transportation system was built to be car -centric and some changes to achieve our aspirational goal will be expensive. Competing priorities and limited resources at all stages of the system's infrastructure will mean achieving our aspirational goal over time. The City's overall Strategic Plan will identify how MoveSJ's recommendations fit in with all the City's priorities. Practicality and Cooperation Leading to Early Results: MoveSJ is also about practicality, implementing some "on the ground" solutions quickly that are less expensive based on both the City's and our citizens' knowledge and input received through continuous consultation and dialogue. A Living Document: MoveSJ is a living document that will be updated as the City grows, policies and best practices evolve. -3- MoveSJ Scope and Outcomes In order to complete MoveSJ within the City's annual Operating Budget capacity, the project has been completed in three phases over multiple years. Phases 1 and 2 are complete with Phase 3, the final phase, planned to be completed by the end of 2020. The following is a summary of all three phases and each component/strategy within it: Phase 1 Phase 2 Background Review - Pedestrian Strategy Household) Travel Survey * Transit Visioniiing • Goals Development Transportation Maintenance Assessment Neighbourhood Structure Plan Guidelines Community Enigaigement Parking Strategy Goods Movement Strategy • Transportation Modell Community Engagement Phase 3 . Cycling Strategy . Road Safety Strategy . Modern Roundabouts Road System Classification • Communuty Engagement • Comprehensive System Improvement Plan Background Review: Understanding of all relevant previous City plans and policies such as the 1999 Transportation Study, Municipal Plan, and 2010 Trails & Bikeways Strategic Plan. Household Travel Survey: Phone survey of 2260 residents in the Greater Saint John region to understand their travel behavior on a typical day such as where they travelled from and to, purpose for trips, and mode of transportation. This data fed into the Transportation Model. Goals Development: Starting general in Phase 1, this component included the overall objectives MoveSJ is to achieve. Transportation Model Maintenance Assessment: Although the Transportation Model for Saint John was created in Phase 2, effort was placed in Phase 1 to develop recommendations to ensure the developed model could be maintained once initially created. Neighbourhood and Structure Plan Guidelines: Introduced topics related to neighbourhood and general street design features. EcM[.1 -4- Pedestrian Strategy: This strategy included a warrant procedure for school crossing guards, changes to pedestrian signal timing standards, introduction of the "Complete Streets" model, a sidewalk infill strategy, considering the needs of pedestrians as a component of Traffic Impact Studies, and pedestrian maintenance standards. Transit Visioning: Currently being updated as part of the Operational Audit, the Transit Visioning exercise developed a long term vision for Transit. Parking Strategy: This strategy focused on parking supply and demand and interaction with development in the Uptown, managing parking demand through transportation demand strategies, and interaction of parking and other street uses applicable City wide. Goods Movement Strategy: This strategy focused on finding the balance between the need for trucks to support industry and other businesses prevalent throughout Saint John and the impacts of trucks on the City's transportation network and quality of life of its residents. Short and long term changes to truck routes, exploring creation of a tiered truck route system that requires more trucks to use specific Provincial Highways, truck route signage improvements, pursuing ways to reduce truck noise, and managing trucks in the South Central Peninsula were developed policy directions. Transportation Model Development: Using software called VISUM, the City's transportation system was modelled using our current street network, available traffic volumes, the Household Travel Survey completed in Phase 1, and current and future land uses that are part of the Municipal Plan. The model was then able to predict current and future street network capacity issues as the City grows to assess where infrastructure improvement or specific Transportation Demand Management policies may effectively address those issues. Cycling Strategy: Similar to the strategy for pedestrians, the Cycling Strategy (yet to be presented in draft format) will suggest policies specific to current and future cyclists. Road Safety Strategy: This strategy (yet to be presented in draft format) will be focused on using vehicle accident data to target investment that will best improve the safety of our streets for all transportation modes. Modern Roundabouts: This strategy (yet to be presented in draft format) will purposefully identify several intersections in Saint John that are good candidates for this type of intersection design with known safety and maintenance cost reduction benefits. Road System Classification: The City's road classification system and its characteristics are updated as part of this strategy. 19MVA -5- Comprehensive System Improvement Plan: This component of MoveSJ summarizes and prioritizes infrastructure investments required to implement the various MoveSJ recommendations. This work is meant to inform the City's future Capital Programs, identifies investment needed on Provincial Highways, including through the lens of the City's Strategic Plan. Consultations: The public, and in some cases specific stakeholder groups, provided input during each phase of MoveSJ. During Phase 1, several Open Houses, the previously mentioned Household Travel Survey, and an online survey were conducted. During Phase 2, an Open House and extensive consultations with the trucking industry were completed. Public consultations for Phase 3 are planned for late 2020. Momentum to Support MoveSJ Proudly, Saint John has been taking steps toward achieving MoveSJ's aspirational goal prior to or concurrently with the development of MoveSJ. These steps have both informed MoveSJ but also ensure we already have momentum as we look forward to implement the recommendations within it. Following are a few examples of such initiatives: • Standards for pedestrian infrastructure incorporated into the City's General Specifications • Adoption of our 2012 Traffic Calming Policy • Municipal Plan and Central Neighbourhood Plan with emphasis on various transportation modes • Completion of 12 Safer School Zone Projects, three more being completed in 2020 • Continued off-street trail system improvements such as in Rockwood park and along Harbour Passage • Pedestrian Crossing Signal Improvements including introduction of 21 wireless, solar -powered crosswalks, 35 Accessible Pedestrian Systems for low vision pedestrians, two Leading Pedestrian Intervals at signals, and many count down timers at crosswalks. • Road Diets on Somerset Street, Millidge Avenue and Metcalf Street • East-West and North -South continuous cycling arterials completed, including completion of Saint John's portion of Trans Canada Trail. • Incorporation of Active Transportation improvements into Capital Program projects such as a Road Diet on a separate section of Somerset Street and the Union/St. Patrick intersection rehabilitation project. EcME:3 -6- Looking Forward: Immediate Actions in 2021 As indicated MoveSJ, in its entirety, is scheduled to be completed by the end of 2020. City staff intend to immediately begin implementing outcomes in 2021 that align with it, including: • Upgrading University Avenue Cycling Facilities: University Avenue is part of the Campus -Harbour Connection Bike Route. One of two through lanes in each direction of University Avenue are meant to be shared by both motorists and cyclists. City staff currently propose to convert the one shared lane in each direction into a wide dedicated bike lane in 2021, leaving only one through lane in each direction for motorists. The vehicle traffic volumes on University Avenue do not justify two through lanes. In addition to the dedicated lane enhancing safety for cyclists, reduction to one through lane is expected to enhance safety for pedestrians crossing this wide street in response to concerns raised by several citizens. This enhancement is also currently expected to be linked to planned safety improvements on University Avenue immediately east of Millidge Avenue; although public consultations and further analysis is planned before these improvements are finalized. • Reprioritization of Annual Line Painting Program: Every year staff repaint the traffic lines and symbols, including stop lines, arrows, crosswalks and bike symbols. In 2021 staff will prioritize the repainting of bike symbols to ensure earlier completion for cyclists. • Completion of Two Safer School Zone Projects: The overall multi -year program of the same name will continue for 2021 with safety and traffic calming enhancements for school children walking near Islandview and Millidgeville North schools. • Installation of More Solar -Powered, Wireless Crosswalk Signals: This infrastructure, which is more cost effective than other crosswalk signal types, is now recognized by the Transportation Association of Canada, and is appreciated and very popular by members of our community, will be installed at more crosswalks in 2021. The number of installations will depend on the specific infrastructure cost at each location. • Longer Walking Times at Signalized Crosswalks: As recommended in the Pedestrian Strategy and to be consistent with updated national guidelines, the new default walking speed will become 1.0 metres per second, slower than the existing 1.2 metres per second whenever traffic signal timings need to be reviewed, starting in 2021. Even slower walking speeds will be used where there is a concentration of older pedestrians or those with disabilities. • Updates to the City's Traffic Calming Policy: City staff would be recommending several amendments to the City's Traffic Calming Policy in 2021 as specifically recommended in or guided by MoveSJ. These include introduction of Speed Cushions as recommended in the Pedestrian Strategy and new prioritization factors weighted for presence of older pedestrians or those with disabilities. EcM10.1 • Lower Speed Limits on Residential Streets: MoveSJ recommends use of TAC's Canadian Guidelines for Establishing Posted Speed Limits for determining if speeds below 50 KM/H are warranted on neighbourhood streets. The first application of this policy will be a recommendation for a 40 KM/H speed limit on Anglin Drive in 2021, which was originated by a community -led Learn & Go project, and will require a recommended amendment to the City's Traffic By -Law. • Elimination of Churchill Blvd and Foster Thurston Truck Routes: As recommended in the Goods Movement Strategy, City staff will be returning to Council in 2021 with recommended Traffic By -Law amendments to realize these changes. • Truck Route Signage: As recommended in the Goods Movement Strategy, enhancing signing of truck routes and elimination of redundant "No Truck" signs to encourage compliance with truckers following defined routes will be completed in 2021. • Jake Brake Traffic Signs: As recommended in the Goods Movement Strategy, to assist in managing noises from trucks, implementation of more clear and direct traffic signs that request truckers to refrain from using Engine Retarders (aka Jake Brakes) will start to be rolled out in 2021 and updated policy on their placement on City streets is also planned to be created next year. • Advocacy with Provincial Government: Advocacy efforts that will begin to pursue policy that will require trucks to use specific Provincial Highways instead of City streets more often, and changes to the Provincial Motor Vehicle Act to support active transportation use of City Streets and Provincial Highways will commence in 2021. Looking Forward: One Input to City's Strategic Plan Besides several short term initiatives to be undertaken in 2021, MoveSJ includes recommendations that are more complex and/or costly to implement, and in some cases present both positive and negative outcomes, depending on perspective. Although our aspirational goal for transportation should continue to inspire us to implement solutions, the reality is that resources are limited, and in the case of a transportation network, so is physical space. It is important that plans such as MoveSJ are consolidated into an overall Strategic Plan for Saint John that allows this community to most effectively prosper and grow into the future within these limitations in mind. This overall Strategic Plan will establish which recommendations and initiatives from MoveSJ and other topic -based plans should be completed and when. STRATEGIC ALIGNMENT This report aligns with Common Council's priority of a Safe, Vibrant City, specifically access to public and active transportation. M1191 -8- This report aligns with several City policies and plans as indicated previously in this report. SERVICE AND FINANCIAL OUTCOMES The above -noted 2021 initiatives can be actioned within the approved Operational budgets. An enhanced timeline for additional active transportation budgets would require additional funding, or the re -allocation of existing funding already approved. Council would need to carefully consider the service implications of such a shift. The vast majority of the funding allocated towards street maintenance currently is not driven by level -of -service (LOS) considerations. Rather, the main objective of the funding is to support good asset management practices by resurfacing streets before they require more costly reconstruction. Pothole patching programs are designed to maximize the service life of these assets prior to resurfacing. In the short term, re -allocation of a portion of this funding is unlikely to have any dramatic effects on the condition of the City's roadway network or our overall costs. Long term however, under -investment into our road network will increase costs overall to taxpayers, and could negatively impact the condition of our streets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS City staff from Transportation & Environment Services, Growth & Community Services, as well as staff from the Parking & Transit Commissions and the Saint John Police Force provided input to various components of MoveSJ. Public consultation on Phase 3 of MoveSJ will occur at a later date. Stakeholder consultations were completed for Phases 1 and 2. ATTACHMENTS Staff Presentation to Common Council 351 009111% 11 ..................... si Project Update SAINTJOHN Transportation Challenges Opportunities Aspirational Goal of MoveSJ Themes of MoveSJ Phase 1 Phase 2 Phase 3 • Background Review Pedestrian Strategy Cycling Strategy • Household Travel Survey • Transit Visioning • Goals Development • Parking Strategy • Transportation Model Goods Movement Maintenance Strategy Assessment • Neighbourhood and Structure Plan Guidelines • Community Engagement • Transportation Model • Community Engagement 357 • Road Safety Strategy • Modern Roundabouts • Road System Classification • Community Engagement • Comprehensive System Improvement Plan GO - SAINT IOHN Building on Momentum dolp 0 9 m Alignment with Future City Strategic Plan 3 1 MMJ U-3 Iffs, 9 n SJ MEMO N N M- To, 361 611- SAINI JOHN COUNCIL REPORT M&C No. 2020 - 229 Report Date September 22, 2020 Meeting Date September 28, 2020 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Update #2 - Water Levels in the South Bay Wellfield OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Kendall Mason J. Brent McGovern John Collin RECOMMENDATION It is recommended that Council receive and file this report. EXECUTIVE SUMMARY The purpose of this report is to provide Council and the public with an update regarding the water level in the South Bay Wellfield. On February 13t", 2020, some areas of West Saint John were transitioned from the South Bay Wellfield as their primary drinking water source to drinking water from the new Loch Lomond Drinking Water Treatment Facility. Areas in West Saint John being served with water from the Loch Lomond Drinking Water Treatment Facility include six (6) neighbourhoods; the Lower West, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove. Reducing the demand on the South Bay Wellfield by transitioning the six neighbourhoods has caused the water level to rise from approximately 1.75 metres below sea level in February 2020 to approximately 0.25 metres above mean sea level around the end of May 2020. By mid -September 2020, the measured water levels in the three drinking water production wells were as follows: • Well #1 elevation 1.30 metres above mean sea level • Well #2 elevation 1.61 metres above mean sea level • Well #3 elevation 0.78 metres above mean sea level 191M -2- The average water level in the three production wells as of mid -September is 1.23 metres above sea level. The aquifer continues to recover such that the City should return to compliance with the Approval to Operate (regulatory) requirement of +1 metre above mean sea level for each of the wells. The only well now below the 1 metre requirement is well # 3. Saint John Water continues to closely monitor the South Bay Wellfield water levels in conjunction with the Department of Environment and Local Government. PREVIOUS RESOLUTION On June 8, 2020, common Council received and filed an update on the Water Levels in the South Bay Wellfield in M&C No. 2020-146. STRATEGIC ALIGNMENT Saint John invests in sustainable City services and municipal infrastructure. REPORT On September 14, 2017, the South Bay Wellfield began delivering water to customers west of the Reversing Falls. The first year (2017- 2018) of pumping ground water from the South Bay Wellfield resulted in the water level in the wells dropping below sea level and putting the wells at risk of salt water intrusion. From a regulatory perspective, the Province of New Brunswick issues to the City of Saint John an Approval to Operate the Drinking Water Treatment and Distribution System. There are specific requirements identified in the APPROVAL TO OPERATE W-1510. Within APPROVAL W-1510 the water level in each of the three South Bay production well is not to drop below +1m above mean sea level (amsl) for more than 100 days/year with a maximum of 20 consecutive days. Given the City was unable to meet this requirement by serving West Saint John with water from the South Bay Wellfield, a solution was needed to address the risk and return to regulatory compliance. On February 13t", 2020, some areas of West Saint John were transitioned from the South Bay Wellfield as their primary drinking water source to drinking water from the new Loch Lomond Drinking Water Treatment Facility. Areas in West Saint John currently being served with drinking water from the Loch Lomond Drinking Water Treatment Facility include Lower West, Milford, Randolph, Fundy Heights, Duck Cove and Sand Cove neighbourhoods as shown in yellow in the Figure 1. Customers in the green shaded area continue to be supplied with drinking water from the South Bay Wellfield. -3- }rf G3,l IPku`✓ YfIIIIIiM l9d 611AilI Figure 1. z� 1,1 ": / flb IRM"l �/rgy PI P,'F Ir2rl Jr`✓Uvla u IL;"0N JLA V f A I 2 %'f2.a; l Yr�, liar "''SAI1? R4.NFAN PORT rNl` By proceeding with the servicing option of delivering water from the new Loch Lomond Drinking Water Treatment Facility to the six neighbourhoods in West Saint John, this reduced the demand on the South Bay Wellfield so as to allow the aquifer to recharge, improving the sustainability of the wellfield and allowing the water levels in each of the production wells to trend upwards toward the minimum +1m amsl that is required within the Approval to Operate. On February 13t", 2020, the elevation of the water in the three production wells was approximately 1.75 metres below mean sea level as shown in Figure 2. By mid -September 2020 the average elevation of the water in the three production wells was approximately 1.23 metres amsl as can also be seen in Figure 2. The average elevation of the water in the three wells has rebounded greater than 1 metre above mean sea level within approximately six months of reducing the demand on the wellfield and while this is a positive sign the wellfield will continue to be closely monitored. This increase in water level helps protect the aquiferfrom salt water intrusion, however, the water levels must continue to recover to meet the regulatory requirement of +1 metre amsl. Close monitoring of the South Bay Wellfield will continue with the Department of Environment and Local Government. Staff will report back to Council in the coming months with a further update on the groundwater levels. -4- South Bay Welllfleld - Production Wells Daily Average Water Level f a A n uU . .� 1�� Pj .... �Aoz' z ry '1ya �o s�' PV ° ^Pgs � 1 v�� rye E' y� tia i9 ry� Figure 2. Saint John Water continues to communicate with the Department of Transportation and Infrastructure (NBDTI) as it relates to the long-term plans of the Reversing Falls Bridge as it is very important that there be some clarity on the Province's plans before the City contemplates proceeding with any significant long-term investments and servicing options so as to make best use of ratepayer dollars. SERVICE AND FINANCIAL OUTCOMES Saint John Water continues to serve customers across the City with safe, clean drinking water. Regular testing of the water supplies from both the South Bay Wellfield and Loch Lomond Drinking Water Treatment Facility confirm that Saint John has two excellent sources of high -quality drinking water. Quarterly test results are available on the City's website. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS n/a ATTACHMENTS n/a M&C No. 2020— 244 Report Date September 23, 2020 Meeting Date September 28, 2020 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Safe, Clean Drinking Water Project — Final Completion Milestone OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author I Commissioner/Dept. Head City Manager J. Brent McGovern, P.Eng. J. Brent McGovern, P.Eng. John Collin RECOMMENDATION It is recommended that Common Council receive and file this report. EXECUTIVE SUMMARY The purpose of this report is to document the important milestone of Final Completion, to reflect on some key outcomes of the project and to report on the final financial costs of the multi -year mega project. The Independent Certifier issued the certificate of Final Completion on August 31, 2020. The presentation details some of the key outcomes of the project and the financial report noted below shows that the project is just over $1,008,000 under budget or 0.55% of the budgeted amount. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. 1911-1.1 -2- BACKGROUND By way of background, Substantial Completion of the Safe, Clean Drinking Water Project (SCDWP) was achieved on June 14, 2019. More recently, on August 31, 2020 Final Completion was certified by the Independent Certifier and the Certificate of Final Completion issued. This means that all deficiencies on the project have been addressed. This is a very significant milestone in the largest municipal infrastructure project in the history of New Brunswick. Financial Update The SCDWP got underway in 2013 and achieved substantial completion in June of 2019. Overall, the budget for the SCDWP 2013-2019 was $183,006,375 and the overall estimated expenditures for the project is $181,998,253. This surplus which is just in excess of $1.0 million represents a 0.55% variance on a $183 million project. The City was able to secure funding from both the Federal and Provincial governments. Saint John Water was also strategic in creating reserves to pay for a large portion of their share as well using pay as you go to pay for costs as they occurred. In addition, a Global Settlement was negotiated in 2019 that settled many outstanding matters and protected the city from litigation. Lastly, Saint John Water borrowed $45 million over 30 years to cover the remaining cost of the project. -3- Conclusion In conclusion, the largest municipal project in the history of New Brunswick was closely and effectively managed such that the project came in slightly under budget, with minor delays in achieving substantial completion and the goal of providing Safe, Clean Drinking Water to the citizens and businesses of the City of Saint John has been met. SERVICE AND FINANCIAL OUTCOMES The Budget for the project between 2013 and 2020 cumulatively has been very carefully managed with the financial details noted above. These financial results are based on variance to budget for the project and is not reflective of the total cost of the SCDWP as the total cost of the 30-year agreement with Port City Water Partners includes a capital payment for the cost of primary infrastructure as part of the SCDWP. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Finance and Saint John Water collaborated and provided input for this report. ATTACHMENTS Appendix A: Presentation Ec11.1:3 SAINT JOHN I . I A 1 9 1-% 9 (miesione�i-mai t"` the SCDWP .� m To provide an update Financials of the Project "a wn . �, Nov. 6, 2015 — Council entered into Agreement with PCWJ �, April 7, 2016 - Construction started at the LLDWTF site �, September 14, 2017 - West Wells entered servici PZ#I i FOOM I I I 111 LTITI 9, 9 rzy =-- 0 M-TZI M- June 14, 2019 ® Substap0a.] Completion of the project )�, August 31, 2020 — Final The Independent Certifier on the project declared Final Completion on August 31, 2020. All deficiencies have now been addressed. — Certificate of Final Completion has been issued. A&, Aftus,G ro u,,ii p,.i C-b-HUMAIL, O�- FMAL COMPLETiON %'AM 11 J(A OUSAFECAJEAP4 ORNIMNG VVA"rER PRUJ ECT .......... .. ... Thfe, The City of S&t Jahn JTh. Cirf 7 ft.1-Afty Wdof Po Mtn.Y,P.m This s tw codify thrallt h. f.11�qg , *rk s: S.Jnt '100.8, Evoko Dol'Wr4no?, 00ho wkAsJ 4t sa-tj&.n, IN— B—Smq�k (ONY'rnwaprvo&[aJ Ach,—,d Pir, I + oirrr11.1,- Auqu*1 31_202 (FiRa? G',mpl&S;on L),8a4 "final Up"rkAb"n' is of epi"',ml w, the Pwped w(t moon U1 Cor)40,Po d fho Vj""PL, msnx aor:€,.Th 11'. W'),k,1 a6 eVidrlld by a CM.AeSte rs-,Ued by Me, Cky er Ifto +Jdewd7l ceVhe",�z PT&bk� —de, sm�- 52,0; , U �r, [ A� T I 1 1,1 �, N N[ 1� N H4 Monles S,rrWarl, P Eng, Lmd Mi,de 372' 1 Water quality : is New Brunswick's and Canada's D \ 24 Ater u ali Guidelines e \ of Saint John m« t its Provincially issued Approvalto Operate Critical infrastructure is in place for growth /d development liq 13 large project components spread all over the City This was a highly complex project in Experienced contaminated soil in numerous locations Rehab cast iron pipes from the-1857 1874 1889 with s!, -lininj �#ppwqq"" new pipe inside the old pipe Vr E Tons of Rebar Truckloads of Asphalt litres Concrete Trucks !13 ' Very - sr project time incident relatively 1 B "Record256 Construction drawings created during Design Build phase 865 permanent digital Drawings" to record all details of the ri�wlinfrastructure 26 km of pipe installed — // 0/f/ if aw pipe along Loch Lomond ,k- RoadUr r /0° Transmission Main Break' 90 years ago the pipe w,", nearing the end of its FS asspt UP- rrrr,f \y}��> � �a .Project yAtlantic - >Wa�ler >y § : � . � .� : Financial Year Budget Capital Cost 2013 1 5,000,000 1,434,622 2014 3,925,000 5,688,113 2015 3,500,000 4,047,173 2016 2,565,000 1,235,342 2017 27,240,875 23,711,656 2018 140,555,500 690,687 2019 220,000 126,711,824 2020 Projection 0 18,478,836 Variance 3,565,378 -1, 7 3,113 -547,173 1,329,658 3,529,219 139,864,813 -12 ,4 1, 24 -1 ,47 , 3 NOTE: These results are based on variance to budget for the project and is not reflective of the total cost of the SCDWP. The 30 year agreement with PCWP and the operation the water treatment plant includes a capital payment for the cost of primary infrastructure as part of the SCDWP. %G%%/%///O//, MIMM/M r' 10111111/ " ///O///L//L29/ES, ri fflzaq�•� 9-M �—� R COUNCIL REPORT M&C No. 2020-242 Report Date September 22, 2020 Meeting Date September 28, 2020 Service Area Corporate Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Municipal Legislative Authority Respecting Racial Discrimination OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager John L. Nugent, Q.C. John L. Nugent, Q.C. John Collin RECOMMENDATION That this correspondence be received for information. EXECUTIVE SUMMARY A local government is a creature of the Provincial Legislature and consequently can exercise only the authority delegated to it by the Legislature. Having reviewed the relevant legislation, it is my opinion that the New Brunswick Legislature has not delegated to local governments the authority to enact by- laws which would prohibit discrimination based upon race and provide a penalty for the breach of that prohibition. The Province has enacted a comprehensive human rights scheme pursuant to the Human Rights Act, R.S.N.B. 2011, c. 171, which prohibits discrimination based upon race or upon a number of other "prohibited grounds". In addition to providing mechanisms for resolving complaints of alleged discrimination, the Human Rights Act creates it an offence to engage in prohibited discrimination with associated fines. The Provincial Offences Procedure Act (R.S.N.B. 1987 c. P-22.1) provides for the possibility of imprisonment in stipulated circumstances. I do not believe that it is possible to fashion a successful argument that the Legislature intended to authorize local governments to establish a competing or parallel system prohibiting and potentially punishing those engaged in discriminatory behavior based upon race. The City might wish to consider the development of a human rights charter, which has been done by some cities such as Montreal and which is designed to ensure local laws are consistent with international, national and provincial human rights dictates. 061-11 -2- PREVIOUS RESOLUTION (Item #2 is the relevant provision for our current purposes.) RESOLVED that: 1. Common Council immediately and during this current meeting of Council hear a presentation from Dr. Timothy Christie and such other representatives of Black Lives Matter as Dr. Christie may advise concerning Dr. Christie's paper. "Exposing Systemic Racism and Racial Discrimination in the New Brunswick Huma Rights Act"; 2. The City Manager direct the City Solicitor to provide a report to Council by not later than the end of August 2020 detailing all available options within the sole authority of the City of Saint John to impose all available penalties against any person who racially discriminates; 3. That the City Manager direct the appropriate City Staff to immediately prepare a proclamation in support of Black Lives Matter, confirming that racial discrimination in Saint John will not be tolerated and that it is the objective of the City of Saint John to eliminate racial discrimination and to hold those who racially discriminate to publicly account; 4. That Common Council under the signature of the Mayor and all willing members of Council issue a letter to the Province of New Brunswick calling on the province to enact amendments to appropriate legislation so as to make racial discrimination a provincially punishable offence; 5. That Common Council under the signature of the Mayor and all willing members of Council issue a letter to each of the municipalities in New Brunswick calling on the province to enact amendments to appropriate legislation so as to make racial discrimination a provincially punishable offence; and 6. That Common Council under the signature of the Mayor and all willing members of Council issue a letter to the Government of Canada calling on the Federal Government to enact amendments to appropriate legislation so as to make racial discrimination an illegal act under the Criminal Code of Canada. REPORT The most broadly expressed delegation to a local government of the authority to enact by-laws is found in the Local Governance Act (S.N.B. 2017 c. 18) (LGA). There are numerous other statutes which delegate law -making authority to local governments but they are more proscribed in their scope. Consider for example the Community Planning Act and the authority therein to adopt zoning by-laws, flood risk area by-laws, building, construction and demolition by-laws. Section 10 of the LGA provides in part that 19 1 ... a local government may make by-laws for municipal purposes respecting 0616.1 -3- (a) the safety, health and welfare of people and the protection of people and property; The term "municipal purposes" is defined in section 5 of the LGA in the following language: Municipal purposes 5 The purposes of a local government are: (a) to provide good government, (b) to provide services, facilities or things the council considers necessary or desirable for all or part of the local government, (c) to develop and maintain safe and viable communities, and (d) to foster the economic, social and environmental well-being of its community. The foregoing language of sections 10 and 5 would seem at first blush to delegate extraordinarily wide authority to local governments. Based upon a literal interpretation of that language it would be challenging to identify a topic having community -wide significance, which could not be subsumed within its scope. However, the approach to statutory interpretation mandated by the Supreme Court of Canda in Rizzo and Rizzo Shoes Ltd. (1998) 1 S.C.R. 27 requires a consideration amongst other things of the context of the statutory provisions in question. "Context" includes not only the part of the statute in which the provision in question is found or even the entire statute of which it is a part, but can also include the entire canon of legislation of the enacting jurisdiction. The latter contextual setting includes for our current purposes the New Brunswick Human Rights Act (R.S.N.B. 2011, c. 171). That legislation provides a comprehensive scheme for dealing with incidents of alleged discrimination arising from or associated with prescribed "prohibited grounds". The latter is expansively defined as follows: 2.1 For the purposes of this Act, the prohibited grounds of discrimination are: (a) race, (b) colour, (c) national origin, (d) ancestry, (e) place of origin, (f) creed or religion, (g) age, (h) physical disability, (i) mental disability, (j) marital status, (k) family status, (1) sex, (m) sexual orientation, HoN -4- (n) gender identity or expression, (o) social condition, and (p) political belief or activity. i The Human Rights Act prohibits discrimination based upon any "prohibited ground" in the areas of employment (section 4), housing and the sale of property (section 5), accommodation or services available to the public, (section 6), signage and notices (section 7) and membership in a professional association or business or trade association (section 8). Those areas lie within provincial jurisdiction pursuant to section 92 of the Constitution Act 1982, originally as set out in the British North America Act of 1867. It is noteworthy that the Human Rights Act provides that violation of the prohibitions set out therein constitutes an offence: Offences and penalties 25A person commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence who violates or fails to comply with (a) subsection 4(1), 4(2) 4(3), 4(4), 5(1), 5(2), 5(3), 6(1), 7(1), 8(1), 10(2), 10(3), 10(4) or 10(5) or section 11, or (b) an order made under this Act. R.S.1973, c.H-11, s.23; 1990, c.61, s.64 The Provincial Offences Procedure Act (S.N.B. 1987 c. P-22.1) provides that a category F offence carries with it a fine of not less $240.00 and not more than $10,200.00. It also provides in s. 63(2) for imprisonment in stipulated circumstances: 63(2)Where, in relation to a category F offence, the defendant is convicted of an offence and has a previous conviction for the same offence, the judge may, if satisfied that no other sentence will deter the defendant from repeating that offence, sentence the defendant to a term of imprisonment of not more than ninety days. As can be appreciated, the Legislature has created with the Human Rights Act and the Regulations thereunder, a comprehensive treatment of the prohibition, investigation, mediation and the prosecution of alleged prohibited i Section 2.2 establishes "exceptions as follows, but are not relevant for current purposes: Section 2.2 establishes "exceptions" in the following language: 2_2 Despite any provision of this Act, a limitation, specification, exclusion, denial or preference on the basis of a prohibited ground of discrimination is not a discriminatory practice if the Commission has determined that it is based on a bona fide requirement or qualification that justifies the difference. HO -5- discrimination. If each local government in the Province could enact its own by- law to prohibit discrimination based upon race, or any other "prohibited ground" there could well result great inconsistency between by-laws vis a vis the identification of discriminatory conduct as well as its treatment. An interpretation of the Local Governance Act which would promote such potential inconsistency and effectively oust the jurisdiction of the Human Rights Commission is not supportable in law in my view. Another example comes readily to mind serve to emphasize the "unworkability" of such an interpretation of the delegatory authority conferred by the LGA. The Employment Standards Act (S.N.B. 1982, E-7.2) provides for the standards which must be respected in relation to employment and is applicable to both employers and employees whose relations are subject to the legislative authority of the Legislature (Section 2). 2 Except where exempted under this Act or the regulations, all employers and employees whose relations are subject to the legislative authority of the Legislature are bound by this Act, notwithstanding that the work or services may be performed in whole or in part outside New Brunswick. Disputes arising under the scheme provided by the Employment Standards Act might find their way for decision to the Labour and Employment Board which has been established under the Labour and Employment Board Act (R.S. N.B. 2011, c. 182). Surely the Legislature did not intend the LGA to delegate to each local government within the Province the authority to set employment standards within its own territory by by-law and to establish an offence regime which would potentially displace the role of the Labour and Employment Board. A reading of the LGA which would enable a local government to adopt by-laws addressing racial discrimination would be a reading that would produce just such a result vis a vis labour and employment standards. The Legislature has clearly manifested its intention to have the Human Rights Act as the legislation which addresses on a province -wide basis discrimination based upon race, as well as all other prohibited grounds. Briefly, mention can be made of the "hate speech" provisions of s. 319 of the Criminal Code of Canada. Criminal law lies exclusively within the jurisdiction of the Federal Parliament and is therefore beyond the reach of the provinces and local government. CONCLUSION Local governments in New Brunswick have not in my opinion been delegated authority to legislate in the field of discriminatory conduct based upon race. The 1119% -6- Council might wish to consider the merits and practicability of adopting a municipal human rights charter as some larger municipalities have done. STRATEGIC ALIGNMENT While legislating with respect to racial discrimination is beyond the City's authority, conformity with human rights legislation is integral to every aspect of the City's priorities and strategic planning SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A [30] COMMON COUNCIL REPORT M&C No. 2020-170 Report Date September 24, 2020 Meeting Date September 28, 2020 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Economic and Community Recovery - 15 Minute Parking Spaces OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager David Dobbelsteyn Jacqueline Hamilton I John Collin RECOMMENDATION Staff recommend that Common Council adopt the following resolutions: 1. Direct staff to prepare Traffic Bylaw amendments to: a) Revert the 15-Minute Parking space on Canterbury St to 2-hour parking and revert the 15-Minute Parking space on Germain St that is 37.4 Meters north of Princess St to 2 hour Parking; and 2. Implement a more streamlined approach that would enable further changes to 15-minute parking at the discretion of the City manager and direct staff to update the remaining 15-minute parking spaces so they better delineate the actual location of the 15-minute parking spaces. 3. Direct staff to conduct a public engagement with our local economic partners, and local businesses on the 15-minute parking program and other economic and community recovery initiatives. EXECUTIVE SUMMARY In response to a request received from Uptown Saint John Business Improvement Association, staff are recommending changes to the approach to the 15-minute curbside parking that was implemented as part of the City's economic and community recovery efforts. These initiatives were intended as a pilot to support the commercial districts impacted by the pandemic. After reviewing feedback from 2000 respondents of the City of Saint John, 80 participants in the virtual town halls, and consultation with external economic HE'll -2- development agencies and partners, staff recommended introducing 10 new 15- minute pickup parking spots across Uptown with over 81% of businesses in favour of short term parking. This program was designed so that these parking spaces would increase parking turnover in the Uptown peninsula, and would allow more customers to quickly visit businesses for take-out and pick-up. Council endorsed this initiative, and gave third reading to the by-law amendment on July 6tn 2020. Staff immediately moved to order customized signs, conduct locates, and install the signs. All signs were installed by August 26cn Almost immediately, the City received communication from various businesses and the public that there was uncertainty over whether or not the spaces were free parking or not. This confusion led staff to update all the signs by September 2nd clarifying that the spaces required payment. Payment is required for enforcement purposes. There is an outstanding issue that has yet to be implemented; the signs are missing arrows to designate which space is actually the 15-minute space. Currently there is a sign at the front and back of each 15-minute space. However, without arrows, it would appear to the public that the City installed 30 new 15-minute paid spaces rather than 10. This is likely leading to an impression that there is now a shortage of 2-hour parking on certain streets. This is a very simple fix and staff intend to update the signs immediately. With regards to the correspondence from Uptown Saint John received on September 17tn requesting that the City revert all 10 spaces to 2-hour parking, staff have met twice with Uptown Saint John to better understand the rationale from the businesses who signed the petition. City Staff confirmed that the management from 19 businesses have asked for a reversion to 2-hour parking. It is unclear if this is because businesses disagree with the idea of 15-minute spaces on principle, if there is a perception of inadequate parking availability, or some other reason. It should be noted that a number of the businesses who signed the petition provide goods or services that cannot be obtained in 15 minutes or less and would have no need of 15-minute spaces. Furthermore, Uptown Saint John did not survey all their membership, but only spoke to select street level businesses in a small area in the City's entertainment district. As a result, the City has no HGO -3- additional information about perceptions of other 15-minute parking spaces in the Central peninsula. In addition to the pressure caused by COVID-19, as well as the requirements of the provincial Mandatory Order, two other new pressure points may be triggering a negative response from some local businesses: Canterbury St is currently undergoing a major infill project from the Telegraph building. This project has had significant impacts on parking availability on Canterbury St at various times. Germain Street just had a new loading zone installed in the last few weeks. Due to the size of the loading zone, which abuts a handicap space, and then a 15-minute space, there is now a perception of a lack of general parking on the western side of Germain Street between Grannan Street and Princess Street. Finally, it should be noted that the Federal Government, along with Public Health have stated that a second wave of COVID-19 is a matter of when, not if. This 15- minute parking program was designed at the height of the lockdown when restaurants and other businesses were not permitted to allow customers indoors, and were relying on a 'take-out / pick-up model'. While the provincial Mandatory Order currently permits customers in buildings, the City cannot predict whether that will change if a second wave of COVID-19 happens. If a second wave requires businesses to close their doors again, the City cannot quickly change signage due to the length of time it takes to approve by-law amendments. In order to mitigate against this, staff will review legislation and explore alternatives to by-law amendments to make quicker changes to parking spaces. However, until that review occurs, staff still recommend that the remaining spaces in the program remain in place to provide a service so customers can quickly access businesses that are offering pickup, or quick turnaround of goods and services There has also been some discussion, including from an initial surveyfrom Uptown Saint John that was recommending the city implement free parking uptown. Staff have consulted with the Saint John Parking Commission and neither the City staff nor the Parking Commission is supportive of free 15-minute parking spaces for two primary reasons. Firstly, there would be a lost opportunity cost of up to $4100 in annual revenue per space. C[iZ.1 -4- Secondly, The Saint John Parking Commission does not have enough enforcement officers to monitor each space every 15-minute minutes, and the only way to reasonably enforce 15 minutes parking is if they are paid spaces. For all the reasons lifted above, Staff are recommending that Council direct staff to 1) prepare amendments to the Traffic Bylaw to (1) revert the parking space on Canterbury Street and one space on Germain Street to 2-hour parking and (2) implement a more streamlined approach that would enable further changes to 15-minute parking at the discretion of the City manager, 2) Finish updating all the other signage with arrows, and finally 3) Conducting further engagement with the City's economic development organizations, businesses and residents this Fall on the City's economic and community recovery initiatives while continuing to monitor this specific pilot program. Spaces proposed to revert to 2 hour parking in Red PREVIOUS RESOLUTION Council Approved third reading of an Amendment to the Saint John Parking By- law re: 15 Minute Parking on July 6, 2020 STRATEGIC ALIGNMENT -5- Economic and Community Recovery On May 25, through the advice of the Growth Committee, Common Council adopted a series of resolutions to proceed with the City's Municipal Economic and Community Recovery Planning, including the implementation of immediate initiatives, added consultation on open streets and parameters to access funding from the Growth Reserve Fund earmarked for recovery. SERVICE AND FINANCIAL OUTCOMES Implementing this change will have a minimal service and financial impact. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Members of the Municipal Economic and Community Recovery Team; The Solicitor's Office, the Traffic Engineer, and the Saint John Parking Commission. Uptown Saint John was also consulted ATTACHMENTS 1. Letter for Mayor_Common Council re 15-minute parking ERB] mm.mzmamm Mayor Darling and Common Council; The Uptown Saint John Business Improvement Association, on behalf of its membership, would like to express a sincere "Thank you" to the City of Saint John for acknowledging the hardship our business community has endured during the Covid-19 pandemic. City staff quickly implemented a number of well thought out initiatives that have proven to be helpful during this time. We applaud the imagination surrounding the pop-up park, the beer garden and engaging local artists through several painted picnic tables. However, one area we would like to have re-examined is that of the 15-minute maximum parking spaces (10 in total). Uptown Saint John has received numerous complaints and concerns from both patrons and businesses about the confusing sign messaging. While we know the intention was to create quick turnover areas, it has upset the delicate state of our business community. Therefore, we strongly recommend that council directs staff to remove the 15-minute maximum parking signage placed in the district in late August, and as quickly as possible. We look forward to hearing that this initiative has been reversed and the 2-hour parking spaces have been reinstated. After all, we are ALL IN THIS TOGETHER �Nan R�e ards, Tissingto Executive Director Uptown Saint John Inc. 506 608 9984 direct line cc: Phil Ouellette, Deputy Commissioner of Planning Marc Dionne, General Manager Saint John Transit and Parking Commission Attachments: The Voice of Businesses in Uptown Saint John (signatures) love•Iife•uptown 17 Canterbury Street, Suite 180, Saint John, NB E2L 2C3 409 506.633.9797 I uptownsj.com � (@uptownsj By way of this signature I am requesting Council to have all 15-minute parking spaces reversed back to 2-hour parking. Print Name- Address-- Signature . . . . .................. lo( I el fco Mc �A 10-e— Lf . /P7 4W -76 �24-- .......... ------- low kv VV kc-� N41 �4 ur ....... . ....... — . . . ............... 4. . .... L. ............... . . . .. ...... . ......... . ......... . . . . ....................................... . . . . . . . ............................... . . . . . ........................ . .......... UIL . . ...................... HK By way of this signature 1 am requesting Council to have all 15-minute parking spaces reversed back to 2-hour parking. By way of this signature I am requesting Council to have all 15-minute parking spaces reversed back to 2-hour parking. CAN REQUEST TO PRESENT TO COUNCIL FORM fhe CIcy of Sal m pohn ABOUT PERSON/GROUP PRESENTING First Name: Paul Last Name: Mazerolle. Name of Organization/Group (where applicable): University of New Brunswick, Mailing Address: Sir II Ilcmmaird II ucwg:w as II I aIIII, Ilbn 111 PN,,(er„ it k ''riimv,6Ack 3 If3 uHey If:111,(e "ill: Canada a Day Time Phone Number: (na II a„u,,{'nd°;i II n rskni 11306 61150 291.0 Email:.president@unb.ca and emerson@unb.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: An update on UNB's strategic vision and priorities, current operations, pandemic response and post -pandemic economic recovery. Purpose for Presentation (what is the ask of Council): Alignment of City and UNB strategic priorities to create mutual benefit. Background Information: gac Il,iu tc� �: VIN r N: d ' YOUR SIGNATURE Signature Oud::Na IIu pu!!!!I tug a pll u!!!!Ip N:1;1v ' Date. +:.qud::k lllu ¢u4!I' tug a vit:!!!Iq a d a u!n, �s toZo A REQUEST TO PRESENT TO COUNCIL FORM The City of Saint John First Name: John Last Name: Cushnie Name of Organization/Group (where applicable): Sterling Martinique Mailing Address: Illicll Ih&,(r to &nt&i, t(.xt. City or Town: aucll Ii&-(^ to &nt&i, tt.^xt. Umt' Province: NB Postal Code: alcll Ii&,(^ to &nt&ir Day Time Phone Number: alcll Ii&,(^ to &uM&I, tt�xt. Email: Illlcll III&-(r ^ to &nt&ir tt^xt. ❑X If you do NOT wish to have your personal information (address, phone number, email) become part of the public record, please check this box. Topic of Presentation: Purity Ice -Cream Building - 111 City Road Purpose for Presentation (what is the ask of Council): 6-week delay of demolition of the Purity Ice Cream Building to allow us to take ownership and submit Permit application. Background Information:The Ask: The historic Purity Ice Cream building at 111 City Road is slated to be demolished. We are asking Council to approve a 6-week pause (Phase 1 ending November 15t") to give us time to sign clear the Title, sign a Purchase & Sale agreement with the current owner, and undertake an Engineering report. This request is intended to address the the significant feedback we have received from Staff and Councillors. During this period, we will also remove the unsightly debris from the property, cut the grass, and ensure that the property is safe and secured. Signs of progress will be clearly visible to members of the public. Within 6-weeks of signing the Purchase and Sale agreement we will resolve the remaining issues in the Inspection Report, produce drawings of the redevelopment, and start the Permit process with Staff (Phase 2 ending December 3ot"). The current owner has provided a letter of support for this proposal, and will be available to attend the meeting virtually, although he is currently in quarantine having just returned from South -East where he works as a Recruiter for Mount Allison University. The Context: The Purity Ice -Cream Building is a building of historic interest, and with the support of Council, can be redeveloped into a vibrant commercial hub — becoming a signature property in the City Road Corridor, an area of focus identified in the Central Peninsula Plan. REQUEST TO PRESENT TO COUNCIL FORM The City of Saint ➢ohn Upon redevelopment, the building will become our corporate headquarters and shop, and will house the Saint John Tool Library, with space for three other tenants. The siding will be removed, and the building will be returned to its historic brick and mullioned window facade. A living green -wall will be installed to brighten the street-scape and screen the modern extension on the East -side of the building. The front lot will be landscaped and trees will be planted, further beautifying the street-scape. The Inspection Report inadvertently implies that the building is in worse condition than it is. However, after careful review we have determined that the building is in good condition, with a new roof and solid structure, and redevelopment will be a worthwhile investment for us, and will improve the street-scape and support the Central Peninsula Plan. The Central Peninsula Plan: The Purity Ice Cream Building is located in the City Road Corridor which is identified in the Central Peninsula Plan as one of the seven areas of focus for development. The proposed redevelopment of the Purity Ice -Cream Building will support all three targets listed in the plan: CR-1 Promote City Road as a complete street; CR-2 Encourage the transition of City Road land uses from light industrial and car -oriented commercial to more mixed -use developments over the long term; CR-3 Explore opportunities to realize the City Road Corridor as an important East-West active transportation connector in the City, as identified in the Trails and Bikeways Master Plan. On the other hand, demolition of the structure will be costly, and will leave a vacant brown -lot with minimal tax -potential. The Cost of Demolition: Due to the heavy structure and good condition of the building, the cost of demolition will be significant. An analysis of the 10-year cost of the demolition shows a minimum cost of $380,000 considering both the demolition cost and the loss of tax revenue. The resulting property will be a vacant brown -lot with limited development potential, particularly considering the surplus of vacant property currently available in the City (e.g. an adjacent lot has been on the market for a number of years). Conclusion: We are requesting a 6-week extension that will allow us to begin a redevelopment project that the City can be proud of. If Council approves our request the Public will see immediate progress on the property, and this can be seen as a positive outcome for the D&D program. Ultimately, the redevelopment of the historic Purity Ice -Cream building will be an investment in the City, and will become a signature historic property, and a step in the progress of the Central Peninsula Plan. Thank you for your support! YOUR SIGNATURE REQUEST TO PRESENT TO COUNCIL FORM The City of Saint ➢ohn Signature: John Cushnie Date: 2020-09-22 ............... CI lle „^ " 0 e VO��C;e Cities of New Brunswick Association 'LI'd'6sp U I'"Ile VdX Association Iles Cites chi Nouveau-Bruri`wid< J� Hon. Blaine Higgs, Premier Chancery Place 675 King Street Fredericton, NB E3B 1E9 September 251", 2020 Mr. Premier: I would like to extend congratulations on behalf of the 8 Cities of New Brunswick on being re- elected as our Premier on September 14th, 2020. The Mayors and Councillors of our eight cities are delighted that you will continue to work for the good of the people of New Brunswick and we look forward to working together to address the challenges we face. The 8 Cities of New Brunswick are always very encouraged to hear you speak about the importance of the provinces Cities in leading the way towards growth and prosperity by signaling your willings to work together on reforms. As you know the Cities of New Brunswick Association released an updated white paper entitled Strong Cities Strong Province — In Search of Balance —Strengthening NB's Municipalities to Benefit New Brunswick can be found at the following link: htt .s..:.w.w.....8..c.i.t.i.e.snb..c.o.m..a.l.oa.d. ...............................................8......6.....6...../.r......8......6......6......r......6......4......r......4......isob 2020 . We hope you will follow through with your commitments by working to address these matters and provide the 8 Cities with greater autonomy. Some of these recommendations include : ➢ First, municipal governance needs to be restructuring, including a fair property tax syste m ➢ Second, there needs to be an increase in municipal infrastructure investment ➢ Third, a change is needed to provincial arbitration legislation for police and fire services to consider affordability. ➢ our cities need to be given the ability to generate non -tax derived revenue PO Box 1421, Station A Fredericton, NB E3B 5E3 www„8citiesnb„corn HIM ............... Gdlles " III Ile VoIIu"e G t6s, irUlr°Ile VdX ,w Cties of New Rrunswick Associat:iori Association des Cites chi Nouveau-Bruriswid< Everyone will agree that vibrant cities attract new people, new investment, and new ideas. Our cities need to flourish if our province is to recover from the slowdown in our economy caused by COVID-19. We believe the time to act is now and we are ready and willing to work with all stakeholders to find a balance that strengthens our cities, our municipalities, and our province well into the future. Congratulations again, and we would like to invite you to join the 8 city mayors for a meeting to discuss the next steps at your earliest convenience and at a location that is easiest for you. We look forward in continuing our partnership in tackling our province's challenges by building a better tomorrow for all our citizens. Sincerely, Adam Lordon, President PO Box 1421, Station A Fredericton, NB E3B 5E3 www„8cffiesnb„corn C1F-11 ............... CI lle „^ " Ora VO��C;e Cities of New Brunswick Association 'LI'd'6sp U I'"Ile WX Association Iles Cites chi Nouveau-Bruri`wid< J� L'honorable Blaine Higgs, premier ministre Place Chancery 675, rue King Fredericton (Nouveau -Brunswick) E3B 1E9 Le 25 septembre 2020 Monsieur le Premier Ministre, Au nom de I'Association des cites du Nouveau -Brunswick, je tiens a vous feliciter de votre reelection au poste de premier ministre le 14 septembre 2020. Les maires et conseillers de nos huit cites sont ravis de savoir que vous continuerez de travailler pour le bien des Bens du Nouveau -Brunswick et ils se rejouissent a la perspective de collaborer avec vous pour resoudre Ies problemes auxquels noun sommes confrontes. A I'Association des cites du Nouveau -Brunswick, noun sommes toujours tres encourages lorsque noun vous entendons parler de ('importance de nos cites pour ouvrir la voie a la croissance et a la prosperite en signalant votre volonte a travailler aux reformes avec noun. Comme vous le savez, I'Association a publie une version actualisee de son Iivre blanc intitule Villes forte, province forte — La recherche Wun equilibre, que vous trouverez en suivant ce lien : www„$cirtesnb..com a Roads $ 6 6 5 $6656454 ilsob 2020 wl ire a sir fir„ df. IE............................................................................................................p..................................................................................................................................................................................................IE....................................12........... Nous esperons que vous tiendrez vos promesses en travaillant pour aborder ces questions et assurer une plus grande autonomie aux huit cites. Parmi Ies changements recommandes, mentionnons : ➢ premierement, la restructuration de la gouvernance municipals, y compris la mice en oeuvre d'un systeme d'impot foncier equitable; ➢ deuxiemement, une augmentation de I'investissement clans Ies infrastructures municipales; ➢ troisiemement, une modification a la legislation provincials sur I'arbitrage relatif aux services de police et d'incendie pour tenir compte de I'abordabilite; ➢ et finalement, la capacite de nos cites a generer des revenus d'origine non fiscale. C.P. 1421, Station A Fredericton (Nouveau -Brunswick) E3B 5E3 www„8cffiesnb„corn C1i�7 ............... CI lle „^ " Oe VO��C;e Cities of New Brunswick Association 'LI'd'6sp U I'"IIe WX Association Iles Cites clu Nouveau-Bruri`wid< J� Nous sommes tour d'accord pour dire que les cites dynamiques attirent de nouveaux residents, de nouveaux investissements et de nouvelles idees. Si notre province espere se remettre du ralentissement economique cause par la COVID-19, nos cites doivent se developper et prosperer. Nous croyons qu'il faut agir maintenant et noun sommes prets et disposes a travailler avec touter les parties interessees pour trouver 1'equilibre qui renforcera nos cites, nos municipalites et notre province pendant de nombreuses annees a venir. Nous vous felicitons encore une foil et vous invitons a assister a une rencontre — au moment et a 1'endroit qui vous conviendront — avec les maires des huit cites pour discuter des prochaines etapes. Nous avons hate de continuer a travailler avec vous pour resoudre les problemes auxquels fait face notre province en batissant un avenir meilleur pour tour nos citoyens. Veuillez agreer, Monsieur le Premier Ministre, 1'expression de mes sentiments distingues. Le president de I'Association des cites du Nouveau -Brunswick, Adam Lordon C.P. 1421, Station A Fredericton (Nouveau -Brunswick) E3B 5E3 www„8cffiesnb„corn 11KII M&C No. 2020 - 243 Report Date September 23, 2020 Meeting Date September 23, 2020 Service Area Saint John Water SUBJECT: RFP 2020-091004P for Engineering Services: Site Works — Fundy Quay EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL In June of 2020, an Request for Proposals (RFP) was issued for engineering services for the Fundy Quay, conditional upon the receipt of provincial and federal funding. At the time of issuance, the funding programs were undergoing amendments to include an express Covid-19 stream. In response to the aggressive project completion timelines and express approvals process, a conditional RFP was released. A provision was included that provided a clear date for termination, as a risk management measure for the City. Since the issuance of the RFP, due to the evolving nature of the Covid-19 stream process and some unanticipated schedule impacts, staff are recommending the termination of this RFP until funding has been formally obtained. Once funding is in place, the RFP will be re -issued. It is not anticipated that this will negatively impact the City's schedule and all efforts will be made by the City to minimize the need for additional work for proponents to resubmit. CRi-1 Nominating Committee Meeting — September 25, 2020 81" Floor Boardroom Present: Mayor Don Darling Councillor Blake Armstrong Councillor David Hickey Common Clerk, Jonathan Taylor Administrative Officer, Richard Evans Deputy Commissioner, Admin Services, Ian Fogan Committee of the Whole Members, Subject: Recommended Appointments to Committees The Nominating Committee, having met on February 7, 2020, makes the following recommendations: Canada Games Foundation: to reappoint Clare Northcott for a 3 year term from September 28, 2020 to September 28, 2023; Heritage Development Board: to reappoint Jamie Watson from December 11, 2020 to December 11, 2023 and to appoint Michael Cummings, Jason Haggerty, and Alana Lawson each for 3 year terms from September 28, 2020 to September 28, 2023; Lord Beaverbrook Arena: to appoint Jeff Bower for a 3 year term from September 28, 2020 to September 28, 2023; Planning Advisory Committee: to appoint Neil Clements for a 3 year term from September 28, 2020 to January 1, 2023; Saint John Free Public Library: to reappoint Ben Whitney for a 3 year term from November 29, 2020 to November 29, 2023; and to appoint Jian Zhu for a 3 year term from September 28, 2020 to September 28, 2023; Strategic Planning Steering Committee: to amend the composition of the board from 6 members to 7 members; to appoint Morgan Lanigan, Carrie Tanasichuk and Nicole Fair until the end of the project; and to appoint Don Darling, David Merrithew, Blake Armstrong, and Donna Reardon to the ends of their current terms of Council -1 mm% 1 i SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada. E2L 4L1 CR-411 Sincerely, Don Darling Mayor and Chair ofthe Nominating Committee SAUNT70HN P.8.Box l97 Saint John ND Canada E2L4U | wvwmsa|ntjohnza | C,P. 1971 Saint John, N.-B. Canada E2L4U PUBLIC REPORT FROM COMMITTEE OF THE WHOLE M&C No. M&C 2020-231 Report Date September 18, 2020 Meeting Date September 28, 2020 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Report from Committee of the Whole Chief City Engineer 2020 0917.docx AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager J. Brent McGovern J. Brent McGovern John Collin REPORT SUMMARY With the upcoming retirement of Brian Keenan, P.Eng., Deputy Commissioner, Engineering on September 30, 2020, Mr. Keenan has also served as Chief City Engineer and therefore it is important that the responsibilities and the authority of the Chief City Engineer be clearly transferred. Michael Baker, P.Eng. is a Professional Engineer who is licensed to practice engineering under the Engineering and Geoscience Professions Act in New Brunswick and Mr. Baker will be filling the role of Director of Engineering effective October 1, 2020. The purpose of this report is to seek Common Council approval for the appointment of Mr. Baker to the role of Chief City Engineer effective October 1, 2020 to ensure clear authority as it relates to responsibilities embedded within the City's various by-laws. CS%L!