2017-02-20_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Monday, February 20, 2017
6:00 pm
Council Chamber
Please use Chipman Hill entrance
S'il vous plait utiliser I'entree Chipman Hill
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
Pages
1. Call to Order
2. Approval of Minutes
2.1 Minutes of Feb 6, 2017 1 - 11
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Saint John Parking Commission - Appointment of Dylan Legacy Canadian Corps 12-12
of Commissionaires as a Bylaw Enforcement Officer (Recommendation in
Report)
5.2 Island View School Parent and Playground Committee Request for Funds 13-24
(Recommendation: Refer to the City Manager)
5.3 Operation Lifesaver Rail Safety Week (Recommendation: Adopt the submitted 25-26
resolution)
5.4 Land and Easement Acquisition — City Line Portions of PID # 390104 27-35
(Recommendation in Report)
5.5 Sculpture Saint John (Recommendation in Report) 36-37
6. Members Comments
7. Proclamation
1 Poeta Sy: (L
K
7.1 Red Cross Pink Day - February 22, 2017
38-38
7.2 Freedom to Read Week - February 26 to March 4, 2017
39-39
8.
Delegations / Presentations
8.1 Saint John Heritage Awards 2016
40-71
8.2 SJAAC Council pres Feb 20 2017
72-81
9.
Public Hearings - 6:80 p.m.
10.
Consideration of By-laws
11.
Submissions by Council Members
12.
Business Matters - Municipal Officers
12.1 2017 Work Plan
82-88
12.2 Proposed Amendments to the Saint John Heritage Conservation Areas By-law
89-115
13.
Committee Reports
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
16.
Supplemental Agenda
17.
Committee of the Whole
17.1 NB Historical Society Letter re Saint John Court House
116-153
18.
Adjournment
K
Ville de Saint John
Seance du conseil communal
Lundi 20 fevrier 2017
Comite plenier
1. Ouverture de la seance
Si vous souhaitez obtenir des services en frangais pour une reunion 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 ('objet d'une discussion en prive
en vertu des dispositions prevues au paragraphe 10.2(4) de la Loi sur les municipalites. 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 Proces-verbal de la seance tenue le 6 fevrier 2017
1.2 Projet de prolongation de bail — alinea 10.2(4)c)
1.3 Question financiere — alinea 10.2(4)c)
1.4 Question relative aux biens-fonds — alinea 10.2(4)d)
Seance ordinaire a 18 h
Ouverture de la reunion, suivie de la priere
2. Adoption du proces-verbal
3. Adoption de I'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a I'approbation du conseil
5.1 Commission sur le stationnement de Saint John relativement a la nomination de
Dylan Legacy, membre du Corps canadien des commissaires, en tant qu'agent
charge de 1'execution des arretes municipaux (recommandation figurant au
rapport)
5.2 Demande de financement du Comite du terrain de jeux et des parents de I'Lole
Island View (recommandation : transmettre au Directeur general)
5.3 Semaine de sensibilisation a la securite ferroviaire d'Operation Gareautrain
(recommandation : adopter la resolution presentee)
5.4 Acquisition de bien-fonds et de servitudes — parties du chemin City Line du NID
no 390104 (recommandation figurant au rapport)
5.5 Sculpture Saint John (recommandation figurant au rapport)
6. Commentaires presentes par les membres
7. Proclamation
7.1 Journee du rose de la Croix -Rouge — 22 fevrier 2017
7.2 Semaine de lecture en toute liberte du 26 fevrier au 4 mars 2017
8. Delegations et presentations
8.1 Prix du patrimoine 2016 de Saint John
8.2 Presentation du Saint John Ability Advisory Committee devant le conseil le 20
fevrier 2017
9. Audiences publiques a 18 h 30
10. Etude des arretes municipaux
11. Interventions des membres du conseil
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Plan de travail 2017
12.2 Projet de modification de I'arrete relatif aux aires de conservation du patrimoine
de Saint John
13. Rapports deposes par les comites
14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau
15. Correspondance generale
16. Ordre du jour suppiementaire
17. Comite pienier
17.1 Lettre de la New Brunswick Historical Society au sujet du palais de justice de
Saint John
18. Levee de la seance
MINUTES—REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
FEBRUARY 6, 2017 AT 6:00 PM
IN THE COUNCIL CHAMBER
Present: Mayor D. Darling
Deputy Mayor S. McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 John MacKenzie
Councillor Ward 2 Sean Casey
Councillor Ward 3 Gerry Lowe
Councillor Ward 3 Donna Reardon
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Also
Present: City Manager J. Trail
Deputy City Manager N. Jacobsen
City Solicitor J. Nugent
Commissioner of Finance and Treasurer K. Fudge
Commissioner of Growth and Community Development J. Hamilton
Commissioner Transportation and Environment M. Hugenholtz
Commissioner Saint John Water B. McGovern
Fire Chief K. Clifford
Police Chief J. Bates
Common Clerk J. Taylor
Deputy Common Clerk P. Anglin
1. Call to Order
Mayor Darling called the meeting to order.
2. Approval of Minutes
2.1 Minutes of January 23, 2017
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that the minutes of the meeting of Common Council, held on January
23, 2017 be approved.
MOTION CARRIED.
.----------1 -I ------1
following items:
17.1 City Market - Linja Consumers Canada Ltd.
17.2 Peel Plaza Surplus Properties Saint John Non- Profit Housing Incorporated;
17.3 Sale of Land and Building at 50 Carleton Street
17.4 Consideration of Subdivision of Land and Sale of Parcel
17.5 An Act Respecting the Saint John Firefighters Association - Application to the
Court of Queen's Bench of New Brunswick, and
17.6 IAFF Local 771 v. The City of Saint John in the matter of the Industrial Act and
in the matter of a Staffing Grievance.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
Councillor MacKenzie declared a conflict of interest with item 13.1.
S. Consent Agenda
5.1 That the letter Saint John Board of Police Commissioners 2017 Executive
be received for information.
5.2 That the Saint John Free Public Library Request for Proclamation re:
Freedom to Read Week be referred to the Common Clerk to prepare the
proclamation.
5.3 That as recommended by the City Manager in the submitted report M&C
2017-023: Proposed Public Hearing Date —139 Bay Crescent Drive and 28-36
Carmarthen Street and 25 Wentworth Street, Common Council schedule the
public hearing for the rezoning application of The City of Saint John (Growth and
Community Development Services on behalf of Saint John Water) (139 Bay
Crescent Drive) and the Section 39 amendment application of Hughes Surveys
and Consultants Inc. on behalf of J.D. Irving Ltd. (28-36 Carmarthen Street and 25
Wentworth Street) for Monday, March 6, 2017 at 6:30 p.m. in the Council
Chamber, and refer the application to the Planning Advisory Committee for a
report and recommendation.
5.4 That as recommended by the City Manager in the submitted report M&C
2017-018: Engineering Services — Musquash Water Pumping Station — Electrical
Substation Upgrades, the proposal from CBCL Limited for engineering design and
construction management services for the Musquash Water Pumping Station —
Electrical Substation Upgrades project in the amount of $354,775.00 including
HST be accepted and that the Mayor and Common Clerk be authorized to execute
the appropriate documentation in that regard.
5.5 That the letter from J. Pearce re: Canada's Historic Places be referred to
the Mayor to write a letter of support.
5.6 That the letter from P. Ram re: Horseshoe League Management
Committee Request for Space be referred to the City Manager.
5.7 That as recommended by the City Manager in the submitted report M&C
2017-017: Contract No. 2017-1: 1500mm Dia. Raw Water Transmission Main Pipe
Repairs, the contract be awarded to the low Tenderer, Galbraith Construction
Ltd., at the tendered price of 555.775.00 (including HST) as calculated based upon
2017-028: Contract No. 2017-2: 1500mm Diameter and 1350mm Diameter Raw
Water Transmission Main Electromagnetic Inspection, the contract be awarded to
the Tenderer, Pure Technologies Ltd., at the tendered price of $421,940.75
(including HST) as calculated based upon estimated quantities, and further that
the Mayor and Common Clerk be authorized to execute the necessary contract
documents.
5.9 That as recommended by the City Manager in the submitted report M&C
2017-021: Engineering Services — Morna Heights and Greenwood Subdivision —
Wastewater Treatment Facility Upgrades, the proposal from Dillon Consulting
Limited for engineering design and construction management services for the
Morna Heights and Greenwood Subdivision — Wastewater Treatment Facility
Upgrades project in the amount of $647,427 including HST be accepted and that
the Mayor and Common Clerk be authorized to execute the appropriate
documentation in that regard.
5.10 That as recommended by the City Manager in the submitted report M&C
2017-016: Spring Debenture Issue — Notice of Motion, Common Council adopts
the following:
RESOLVED that His Worship the Mayor make the following Notice of Motion. "I
do hereby give Notice that I will, at a meeting of Common Council held after the
expiration of thirty days from this day, move or cause to be moved, the following
resolution:
Namely,
RESOLVED that occasion having arisen in the public interest for the following
Public Civic Works and needed Civic Improvements, that is to say:
Purpose of Issue
The City of Saint John
Proposed issue of Debentures
To Be Dated On or after March Stn, 2017
Protective Services $ 500,000
Transportation Services $ 3,700,000
Economic Development $ 300,000
Parks and Recreation $ 500,000
$ 5,000,000
TOTAL $ 5,000,000
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 $ 5,000,000.
5.11 That the letter from Canadian Red Cross re: Canadian Red Cross Pink Day
be received for information.
5.12 That the Canada Games Aquatic Centre Request to Present be referred to
the Common Clerk to schedule.
5.13 That the letter from Jeux de I'Acadie re: Launch of the Selection Process
RESOLVED that the recommendation set out for each consent agenda item
respectively be adopted.
MOTION CARRIED.
6. Members Comments
Council members commented on various community events.
Deputy Mayor McAlary raised a point of order in response to a Council member's
comments that were outside the scope of the customary remarks which are
limited to community announcements, congratulatory remarks or
acknowledgements and not to raise business matters.
7. Proclamation
7.1 Heritage Week February 13 — 20, 2017 and Heritage Day February 20,
2017
The Mayor proclaimed February 13 — 20, 2017 as Heritage Week and February 20,
2017 as Heritage Day in the City of Saint John.
7.2 White Cane Week February 5 to 11, 2017
The Mayor proclaimed February 5 to 11, 2017 as White Cane Week in the City of
Saint John.
8. Delegations/Presentations
8.1 Saint John Theatre Company
Referring to the submitted report entitled Saint John Theatre Company, Peter
Tobias described the SJTC programs and the company's recent visit to Zurich.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the presentation by the Saint John Theatre Company be received
for information.
MOTION CARRIED.
The Mayor and Council agreed item 13.1 be brought forward on the Agenda.
13. Committee Reports
Councillor MacKenzie withdrew from the meeting.
13.1 2017 Community Grant Recommendations
Referring to the submitted report entitled 2017 Community Grant
Recommendations the Chair, Rev. Eric Kraglund, presented the Committee
recommendations.
Responding to questions on the allocation guidelines, the City Manager
commented on the mechanism for grant allocation, the timing of the Communitv
The City Manager observed that during the 2016 and 2017 operating budget
deliberations the Grants process criteria and direction of Council was followed,
noting that the Committee responded to Council direction.
The City Manager commented on potential funding available through the Growth
Plan for an immigration strategy. Groups that applied for funding under the
Grants Program may be eligible.
A point of order was raised by Councillor Merrithew on the comments concerning
the Grant Committee membership. Councillor Sullivan apologized for his
comment and rephrased.
A point of order was raised by Deputy Mayor McAlary on the comments
concerning the Grant Committee membership. Councillor Sullivan apologized to
Deputy Mayor McAlary and Councillor Merrithew and reserved further comment.
A point of order was raised by Councillor Sullivan questioning the Mayor's
comments on his remarks. The Mayor closed discussion on the Community Grants
Recommendation report and directed that the vote be taken.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that as recommended by the City Manager in the submitted report
entitled M&C 2017-022:2017 Community Grant Recommendations, Common
Council approve the following recommendations from the Community Grants
Committee:
1. That the following applicants be approved for funding at the indicated amount:
a) Human Development Council - $20,000
b) PRUDE Inc. - $17,500
c) SJ Multicultural Newcomers Assoc. - $17,500
d) NB Youth Orchestra — Sistema Program - $10,000
e) Lorneville Playground Project - $10,000
f) Denis Morris Community Centre - $5,000
g) Fundy Fringe Festival - $5,000
h) Latimore Lake Community Centre - $5,000
i) Seniors' Resource Centre - $5,000
j) Saint John Theatre Company - $5,000
k) Symphony New Brunswick - $5,000
1) Fundy Gymnastics Club 2017 Competitions - $4,000
m) Marathon by the Sea - $3,000 + in-kind
n) Saint John Learning Exchange - $1,500
o) Uptown Saint John Courtyard Concert - $1,000
p) Harbour Skating Club - $100
2. That Brilliant Labs be granted a total of $5,000 to pilot a summer learning camp for
children living in Priority Neighbourhoods and that this funding be contingent upon
securing provincial and/or federal funding to employ summer staff.
3. That the City of Saint John pay the Province of New Brunswick the total amount of
the 2017 property tax bill for the Cherry Brook Zoo, up to a maximum total of
$10,000. That no further operational funding be granted to the Cherry Brook Zoo.
- 1
d. Buskers on the Bay
e. North Market Wharf — Celebrate 150 Project
f. Saint John Community Loan Fund
g. St. Nicholas Greek Orthodox Church — Greek Night Celebration
h. InterAction School of Performing Arts
i. Nature Trust of New Brunswick
j. New Brunswick Festival of Music
k. Outflow Shelter
I. Third Space Gallery
m. YWCA of Moncton — Women of Distinction
n. L'Arche Saint John
5. The Community Grants Committee further recommends that the remaining
balance be available for a second iteration of grants with an application deadline of
May 1, 2017.
MOTION CARRIED with Councillors Sullivan, Strowbridge and Norton voting nay.
Councillor MacKenzie re-entered the meeting.
9. Public Hearings 6:30 PM
9.1 Proposed Section 39 Amendment — 50 Carleton Street
The Common Clerk advised that the necessary advertising was completed with
regard to the proposed Section 39 Amendment amending the Section 39
conditions imposed on the February 16, 2009 rezoning and Municipal Plan
amendment of the property located at 50 Carleton Street, also identified as PID
Numbers 00037507, 00037762, and 00037515, to permit future development as
requested by the City of Saint John.
The Mayor called for members of the public to speak against the re -zoning with
no one presenting.
The Mayor called for members of the public to speak in favour of the re -zoning
with no one presenting.
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that Common Council rescind the following Section 39 conditions
imposed on the February 16, 2009 rezoning and Municipal Plan Amendment of
the property located at 50 Carleton Street, also identified as PID Numbers
00037507, 00037762, and 00037515, to permit future development :
Specific to the Public Plaza
a) The City of Saint John provide the public with an opportunity for input on the
final design of the public plaza prior to its construction.
Applicable to Any Development on the Subject Property
a) Municipal servicing be provided to the satisfaction of the Chief City Engineer or
his designate; and,
b) All development must be in accordance with a detailed drainage plan, subject
to the approval of the Chief City Engineer or his designate.
NAr1Tlr11V rAPPIFr)
Commissioner Hamilton presented a proposed amendment to the Municipal
Development Plan which would Redesignate, on Schedule B of the Plan, a parcel
of land with an area of approximately 4.03 hectares, located at 180 Cosy Lake
Road also identified as being PID Number 55005425 from Rural Resource Area to
Rural Residential Area to permit a two lot subdivision as requested by Stephen
and Lisa Faulder.
11. Submissions by Council Members
11.1 Trainine for Appointees to Citv ABC's (Councillor Sullivan
The City Manager commented on the precision of Councillor Sullivan's motion,
noting that Council appoints individuals to at least 29 agencies, boards and
commissions. If the matter could be referred to staff to address the intent of the
motion, a structure could be developed. Also the role of the executive staff of the
ABCs would be involved in governance matters.
Moved by Councillor Sullivan, seconded by Councillor Norton:
RESOLVED that appointees of the City of Saint John to Agencies, Boards, and
Commissions must attend training on city governance and Roberts' Rules of Order
(with any City of Saint John adaptations) within one year of being appointed to
their position. Current appointees would be grandfathered, but invited to these
The Mayor noted that the public hearing is scheduled to begin and suggested that
agenda item 11.1 be tabled until after the public hearing has concluded.
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
RESOLVED that the matter be tabled.
MOTION CARRIED.
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
RESOLVED that the matter be lifted from the table.
MOTION CARRIED.
Moved by Councillor Sullivan, seconded by Councillor Norton:
RESOLVED that item 11.1 Training for Appointees to City ABC's be referred to the
City Manager for a report and recommendation.
MOTION CARRIED with Deputy Mayor McAlary voting nay.
11.2 Zoning Bylaw Standards to address Seasonal Car Shelters (Councillor
Reardon
Moved by Councillor Reardon, seconded by Councillor Merrithew:
RESOLVED that Common Council direct the Growth & Community Development
Services Department to propose new Zoning By-law standards to address the
issue of seasonal car shelters.
MOTION CARRIED with Councillor Sullivan voting nav
Community College and the City of Saint John
Moved by Councillor MacKenzie, seconded by Councillor Reardon:
RESOLVED that as recommended by the City Manager in the submitted report
entitled Memorandum of Understanding (MOU) between the New Brunswick
Community College and the City of Saint John, the Mayor and Common Clerk be
authorized to execute the Memorandum of Understanding between the City and
the New Brunswick Community College attached to the report.
MOTION CARRIED.
12.2 Freedom of the Ci
Referring to the submitted report, the Common Clerk outlined the history of the
Freedom of the City award and commented that this is the first time the award
will be given to cadet units.
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that Council grant Freedom of the City to the following Greater Saint
John area cadet units:
• 161 CK Beveridge Air Cadets
• 9 Rodney Sea Cadets
• 527 Simonds Air Cadets
• 268 Bras D'Or Sea Cadets
• 1691 Saint John Army Cadets
• 1777 Saint John West Army Cadets
• 3034 Blue Mountain Army Cadets
• 140 Kingston Army Cadets
• 311 Halifax Sea Cadets
MOTION CARRIED by unanimous consent of Common Council.
12.3 Procedural By -Law Amendments
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that as recommended by the City Manager in the submitted report
entitled M&C 2017-030: Procedural By -Law Amendments, Common Council
endorse the Procedural By -Law Amendments attached as appendix "A" and that
staff be directed to prepare the amendments for 1St 2nd and 3rd reading.
MOTION CARRIED.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
17. Committee of the Whole
February 6, 2017, Common Council adopts the following resolution:
RESOLVED that pursuant to the provisions of Article 13 of the lease between the
City as lessor and Linja Consumers Canada Ltd. as lessee, the term thereof at the
City's option be forfeited and void and further that the city re-enter and
repossess the premises which are the subject of the aforesaid lease.
MOTION CARRIED.
17.2 Peel Plaza Surplus Properties Saint John Non- Profit Housing Incorporated
Moved by Deputy Mayor McAlary, seconded by Councillor Lowe:
RESOLVED that as recommended by the Committee of the Whole having met on
February 6, 2017, Common Council adopt the following resolution:
That the City (the Owner) amend the Agreement of Purchase and Sale with Saint
John Non Profit Housing Incorporated (the Purchaser) made December 22, 2016
in the following manner:
A new paragraph shall be added to the agreement immediately following
paragraph 10 [subsequent paragraphs being renumbered accordingly] as follows:
11. At the sole cost, risk and expense of the Purchaser, the Owner
permits the Purchaser, at any time hereafter but prior to the 1" day of
May 2017, to enter upon and demolish the buildings situate upon the
Parcel provided that prior to such entry and demolition the Purchaser
shall (a) have and maintain a valid Demolition Permit issued under the
City of Saint John's Building By -Law and (b) release and indemnify the
Owner from any and all liability that may arise from such entry and
demolition.
12. In the event that the Purchaser demolishes the building situated
at 7-9 Wellington Row (PID 37770) the Owner directs that a Certificate
of Discharge for the Notice to Comply dated January 14, 2011
registered in the New Brunswick Land Titles Office (Saint John) on
February 9, 2011 as No. 2978510 be delivered to the Purchaser and
further that the Owner support and consent to any application by the
Purchaser to effect a Withdrawal of the Compliance Order dated
September 30, 2011 and registered in the said Land Titles Office on
September 30, 2011 as No. 30671235.
13. All other terms and conditions of the agreement made December
22, 2016 as amended shall remain in full force and effect.
And further that the Mayor and Common Clerk be authorized to execute the
aforesaid amendment.
MOTION CARRIED with Councillor Reardon voting nay.
17.3 Sale of Land and Building at 50 Carleton Street
Moved by Deputy Mayor Mc Alary, seconded by Councillor Lowe:
RESOLVED that as recommended by the Committee of the Whole having met on
February 6, 2017, Common Council adopt the following resolution:
and Common Clerk to execute any document necessary to effect the
transfer; and further
Direct staff to notify 042199 NB Ltd. that it thanks the company for the
Offer but rejects said Offer.
MOTION CARRIED.
17.4 Consideration of Subdivision of Land and Sale of Parcel
Moved by Deputy Mayor McAlary, seconded by Councillor Strowbridge:
RESOLVED that as recommended by the Committee of the Whole having met on
February 6, 2017, Common Council adopt the following resolution:
RESOLVED that the City -owned land lying in the Loch Lomond Water Shed and
identified by PID Nos. 00427674 and 00355115 be subdivided so as to create a
parcel of approximately 50,000 square feet in preparation for the latter's
disposition, all as shown on the sketch in this regard as submitted by the
Committee of the Whole to Common Council on the 6t" day of February, 2017.
MOTION CARRIED.
17.5 An Act Respecting the Saint John Firefighters Association - Application to
the Court of Queen's Bench of New Brunswick
Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong:
RESOLVED that as recommended by the Committee of the Whole having met on
February 6, 2017, the City Solicitor (or his designate) be authorized to file an
Application with the Court of Queen's Bench of New Brunswick pursuant to Rule
16.04(e) of the Rules of Court seeking its interpretation respecting the meaning of
being "unable to carry on in the Saint John Fire Department", as that language is
used in section 1 of An Act Respecting the Saint John Firefighters' Association,
2010 S.N.B., c. 9.
LTA [0000114L1:1:111191
17.6 IAFF Local 771 v. The City of Saint John in the matter of the Industrial
Act and in the matter of a Staffing Grievance
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that as recommended by the Committee of the Whole having met on
February 6, 2017, the City Solicitor or his designate is hereby authorized and
directed to seek judicial review and an associated stay of proceedings with
respect to the Arbitration Award dated November 21, 2016 regarding a grievance
filed by IAFF Local 771.
LTA [0000114L1:1:111191
18. Adjournment
Moved by Councillor MacKenzie, seconded by Councillor Armstrong:
RESOLVED that the meeting of Common Council held on February 6, 2017 be
adjourned.
Mayor / maire
Common Clerk/ greffier communal
ummm
Saint John
Parking Coon
Commission s
le stationnerne
February 8, 2017
Jonathan Taylor
Common Clerk
City of Saint John
Stn Floor, City Hall
Saint John, NB
Dear Mr. Taylor,
RE: Appointment of Dylan Legacy
Canadian Corps of Commissionaires
as a By -Law Enforcement Officer
11th Floor, City Hal I, llieme Etage, Mtel de Ville
P.0, lBox 1971 / C.R 1971
Saint John, N.B./N.-B. E2L 4LI
Tel / T6L (506) 658-2897
Fax / T&16copieur: (506) 649-7938
E-mail / Courriel: parking@saintjohn.ca
LLA,
B (5 8 209?
We are requesting that the following resolution be presented to Common Council
for approval:
"Resolved that pursuant to Section 14 of the Police Act of the
Province of New Brunswick, the Common Council of the City of
Saint John does hereby appoint the following member of the
Canadian Corps of Commissionaires as By -Law Enforcement
Officer with the responsibility and authority to enforce provisions of
the Parking Meter By -Law and the provisions of Section 5, Section
5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint
John Traffic By -Law, namely: Dylan Legacy
And further that this appointment shall continue until such time as
the appointee ceases to be a member of the Canadian Corps of
Commissionaires or until the appointment is rescinded by Common
Council, whichever comes first."
Yours truly,
Marc Dionne
Operations Manager
Saint John Parking Commission
/krn
12
www.saintjohn.ca
February 9, 2017
Common Cierk
City of Saint John
15 Market Square
PO Box 1971
Saint John,, NB E2 L 41-1
Dear Mayor & Council,
F(EIR 0 -9 201?
On behalf of the Playground Committee for island View School (lVS) this letter is to seek assistance from
the LPP fund for $5000, We are raising funds to build two new community and school playgrounds, one
for Junior (grades K-2, ages 5-7 years) and one for Senior (grades 3-5, ages 8-12). Island View School is
situated ideally for community access and the school encourages community use of the facilities outside
of designated school use times. Over the past year we have raised 80% of the required funds and are
confident we will reach our goal for a summer 2017 install.
Our committee is comprised of educators and parents and the attached playground schematics have
been wetted by a sample of students who provided valuable feedback. IIVS serves an average annual
school population of 350 students (K-5) and the new structures will allow all students and community
members of all abilities to partake in playground activities. Ensuring accessibility is a key deliverable of
the new structures and ground surfacing.
Our goal is to install both playgrounds during the summer of 2017 and we are very close to realizing this
goal as per the attached proposal which includes schematic overviews, benefits, and financial overview.
Once you have had an opportunity to review the attached information I will be in, touch to discuss this
opportunity in greater detail. Should you have any immediate questions please do not hesitate to ask.
Kindest regards,
Gail Bremner
Parent and Playground Committee
Island View School
gail@bremnerandassociat,es.com
506-333-9690
Cc: Greg Norton, Ward I Councillor
Blake Armstrong, Ward 1 Councillor
Mark Blucher, Principal, Island View School
IVS LLP Request 1
13
Table of
0vmmiiew...... .—................... _—......... —................ _—~..~.'.-~......_.....~..------......�2
Why? The expected resm|ts—..................... ---------...... ........ --_....... _....... ---....... 2
How? The p Iamforwand-----........ _.................. _-----_--........... _........ --_—__--..3
What? Details ufthe playground equipment .......... -----_............. ............ --.--...... 3
85O11Q9HD—Playground Drawing - Junior K`2 ............................... __---__-----........ ......... 3
B302282i—Playground Drawing Senior 3-S ... _---__...... ................. --.__—_----_-4
Performance Indicators ...................... ................. ................ --................... ---_'......... 5
Qud&et._._.... ---- ...... _.......... —~--- ...... ...... -----........ ^^-----'^-'^-----........ ---5
Acknowledgement for Supporters ............... __...... -----__...... ......... ......... ----~~....... ---.5
Attachment - IVS Playground Equipment
Overview
After nineteen years both play structures at Island View need to be fully replaced including the ground
surfacing. With an average school enrollment of 350 students in, grades K-5 ensuring safe, engaging, and
accessible outdoor structures isvitally iimpmrtamt. Physiica|activity for chi|dhaoddevelopment is, key
and with advances in technology and inclusive classrooms both new structures will ensure accessibility
and engagement for all abilities, both physically aimdmentmU8y. The design mfboth structures (required
to have separate structures for K-2 & 3-5) has been focus tested! with educators, parents and students
and will beaccessible tuthe greater comrnuwhy@65days mfthe year.
The expected results
• Two new play structures, one for grades K-2and one for grades 3-5
• Increased physical strength, coordination and balance of students
• Accessibility for all students (current structures and ground cover do not provide for this)
• Some noted benefits ofplayground playing:
NS LLP Request 2
14
0 Social Skills - when they play with other children they learn to communicate, share, collaborate
and empathize with others
* Imagination and creativity - outside play is often open-ended and children need to be creative
about what and how games are played
Thinking and problem solving skills - as children assess risks and tackle new challenges they learn
about having a go, persistence and perseverance and the success those attributes can bring
Sense of self - as they imaster new skills and play with other children they improve their
competence and confidence in their own physical and social abilities
• Sense of connection - to place, to peers and'to their local community and environment
• Self care skills - managing physical and social challenges helps children to learn about keeping
themselves safe
How? The plan forward
The Anglophone South School District (ASSD) has secured quotes and Henderson Equipment has been
identified as the preferred supplier taking into account all requirements. They are able to deliver the
structures after four weeks of production time with commitment from ASSD for installation. Ground
cover will be, a combination of pour and play and wood chips ensuring accessibility and safety. ASSD
has also committed to providing the demolition and removal of existing structures and will ensure the
area is ready for the installation. Please see attached schematics for both playgrounds. Mark Blucher,
principal of Island View, will be the project manager with assistance from the volunteer parent and
teacher committee. Demolition and installation can begin at the end of the school year in June 2017.
The volunteer committee has been: successful) in obtaining grants, corporate and cornm unity support as
outlined in the budget on page S. Over the past year we have raised 80% of the required funds and are
confident we will reach our goal for a summer 2017 install.
What? Details of the playground equipment
The equipment itself will be manufactured from inline galvanized steel, corrosion resistant primer coat,
followed by a top coat of high quality electrostatically applied polyester powder coated finish. Stainless
steel tamper resistant hardware as well as textured PVC coated platforms ensures a safe, structurally
sound playground' that wil'I last a minimum of 20 years.
All equipment will] be fully compliant with the latest CSA standards for Playground Equipment.
Equipment will be manufactured in an ISO certified facility, and manufactured by Canadilan Welding
Bureau certified' workers.
B' 01109 - Playground Drawing -Junior K-2
This playground layout consists of a playground structure that allows for users in a wheelchair to access
65% of the structure. Users in a wheelchair can access the playground via fully compliant ramps that will
allow them access from an opening in the asphalt area right to the first 12" platform, The first platform
at 12" will allow both users in a wheelchair as well as able bodied children to play together on the play
IVS LLP Request
15
panels. For users in a wheelchair or walker that may have limited mobility, or can imove with assistance
will be able to access the 36" platform via an accessible step to use the first double user slide. This 36"
platform is also accessible via a transfer station in which users with limited mobility will be able to pull
themselves from a wheelchair onto the platform to again access the slide,
Users can then access further platforms via the accessible ramp to the 24" platform in which there are
moire panels that can be used by multiple users. There are also other openings in this platform so that
other people can access and egress the platform to utilize the play components. From the 24" platform
there is again an accessible step up to a 4,8" platform to utilize another double user slide. There is also
the option to use the last ramp available to the next 36" platform via wheelchair or walker. Again there
are multi user panels and play events to allow users of all abilities to play together without anyone
feeling left out or isolated.
This large accessible playground has a very good mix of components and play events that allow for
children of multiple needs (autistlic, physical limitations, able bodied children, etc.) to interact together,
From wheelchair ramps to interactive and stimulating panels, as well as challenging ground to deck
platforms, there is something for everyone on this structure.
The freestanding equipment surrounding this larger piece of equipment includes an accessible "Mr.
Fishy" multi user spring toy. This spring toy can be used by many users at a time, promoting more social
and interactive play amongst peers,.
There is also an overhead climber for those that seek a bit more of a challenge and want to test the
limits of their upper body streingth. This piece allows a siingle iuser, or group of users to cheer each other
on, support each other, and also challenge one another.
A kid favorite piece, this area also includes a swing set that allows for 5 users at one time. Four of the
swing seats are the standard strap/belt style while one bay includes an accessible swing seat for children
with needs.
B302282RI - Playground Drawing - Senior 3-S
This playground layout includes equipment consisting primarily of overhead and challenging events.
While there are also some slides that kids of all ages einjoy, the bulk of this (layout is fun, challenging
equipment that kids can work and push themselves to get better at each and every clay,
Teachers can also use large portions of this equipment into IPhysical Education programs as this
equipment will develop upper body, lower body and core strength in the users. A strategic mix of
climbing, balancing and spinning pieces will challenge every user without them even realizing it is good
for them.
While, there are certainly challenges for users with special needs to play on all of this equipment,
consideration has been put into including some accessible, as well as some less challenging pieces so
that there is no exclusion of anyone in this area.
IVS LLP Request
• Two new play structures completed, one for grades K-2 and one for grades 3-5
• All students of all abilities partake in playground play
• Increased student satisfaction with the playgrounds
• increased community use of the playgrounds
• Improved social skills, imaginative play, problem solving skills in students
• Reduced wait times for popular equipment (swings, monkey bars, etc.)
• Reduced incidence of bullying
0 Healthier students and community
Demolition & Removal
Ground' Cover 1(2 playgrounds)
Play Structures (2,)
Total
Province of New Brunswick
ASSID
Grants
rundi
Total
MM
$15,0010
$30,000
$45,000
$25,000
$165,000
25,O 06$165,000
$50,000
$100,000
$165,000
M
$15,000
$26,3010
$0.010
$40,000
$131,3010
Acknowledgement for Supporters
Ensuring ongoing acknowledgement of all contributors to the playground, Island View will erect a sign
near both playgrounds that acknowledges all contributors via name recognition. Names will be listed
according to amount of donations. Additionally, upon awarding olf funds the school will utilize, Twitter
to thank supporters with more tweets throughout the build stage. Acommunity/press grand opening
will be hosted once school reconvenes in September and all contributors will be acknowledged and
provided an opportunity to address the audience. We are open to dialogue on other ways to
acknowledge supporters as well.
If a supporter wishes to provide $50,000 toward the project, naming rights for one of the playgrounds
would be available. There are only two opportunities, for this available,
M LLP Request
5
17
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OSAL FORM
IN11101 W111 W I MM&M, W�W,'Alffi MR:=
Date,, 02 -Feb -17
customer Name:
Island -;Vi —eW 'Sc h o'O- I'
496 Ridge Row
Saint John, N8
Phone Number: (506) 658-5346
Contact Name: Mark Blucher
reject Name:
ddiress:
ame:
eilcO;
ax:
Island View School
Same as Above
Installation style:* Steel Stringers / Concrete
Surfacing Tylpe/Depth:*
LEAD TIME: 4-6 weeks production
Post Colour:
Blue
Accent colour:
Yellow
Plastic Coll:our:
Blue
314: Colour:
BluelWhjte--
Custom Colours:
Pricin�Walid for: 90 days
Freiluht charges acre estimated at time of quote and rnz
due to 'the volaWe situations beyond our control (fuel[ s
=ntuty
Desc;rp—tlon—
relic =H-
=�Ia
1
B501109R2- Junior Accessible Unit Structure c/w stainless steel slides
63,329.50
63,329.5 . 0
1
MT210 - Accessible M'r. Fishy Mulfl-Spring See Saw
2,927.00
2,927.00
1
2 112 Say 8° Arch Swinp Set c/w 4 beats and one accessible seat
4,272.25
4,272.25
T
--
I
B302282RO - Senior tJnit c/w stainless steel slides
32,298,50
32,298.50
_
Supervisor Supervisor cha machinery
_
Supervisor char e as hallows: 1,800.00 da for two eople, welder included
—
Estimated # of jobs to corn fete[ob via Supervisor is 8 days depending on
volunteers and equipment provided.
Equipment is shippedunassenrblled-
-1222irground locates are the res,ponsibifty of the purchaser.
g�l
0�21,827.25
Andrew Crawley
Site P[2p
NIA
Sales or Service Rep Ext 309 Customer Approval
Surfacing
N/A
.Frei
ht
3,300.010
Ro Box 58 Date:
Installabon
22,11100
11 Gilbertson Drive
Taxes
1.9,235.59
Sirncoe, Ontario N3Y 4KB Please sign and return by fax to confirm your order
Tei: 519-426-9380 Fax: 519-426-1132 ManufarWring will begin upon receipt of this
Total Invoice
147,472,84
NOTE: ORDERS CAN NOT BE PLACED INTO PRODUCTION UNTIL WE RECEIVE COLOUR SELECTION,
NO DELIVERY DATE CAN BE SCHEDULED UNTIL COLOUR SELECTION IS RECEIVED,
HREL 1 012 6/2 00 1
2
MADE
In
January 31, 2017
Operation Lifesaver
901 - 99 Bank Street
Ottawa, Ontario K3 P 6B9
Telephone (613) 564-8097
Fax (613) 567-6726
E-mail adry)i�i@oiperationlufesover.ca
Office of the Clerk
City of Saint John
City Hall, 15 Market Square,,8th floor PO Box 1971
Saint John, N6 E2L 41_1
Dear Sir / Madam:
Op6ration Gareautrain
901 - 99, rue Bank
Ottawa, Ontario K I P 6B9
T616phone (613) 564-8097
T616copleur (613) 567-6726
Courriell
a
FEB 0 2017
ri
. .... . ....
Canada's 15" annual Rail Safety Week will be held from April 24 to 30, 2017. As you know, the
purpose of this national event is to raise awareness about rail safety, and to highlight the
ongoing commitment of communities such as yours, along with rail companies and' their
employees, in making Canada's rail network even safer.
Last year, your council joined the safety efforts of many other Canadian municipalities by
adopting a resolution in support of Rail Safety Week. Once again this year, Operation
Lifesaver is proud to be supporting the rail safety activities and events that will be taking place
across the country throughout this important week. These events will emphasize the need for
railways, communities and members of the, public to work together to prevent the avoidable
accidents, injuries and damage caused by collisions at level crossings, and incidents involving
trains and citizens.
Your council can continue to be a powerful ally for our public awareness campaign by adopting
the enciosed draft resolution to support Rail Safety Week in your community. Should you
require additional information about Operation Lifesaver and rail safety, please consult
www.operationiffesaver.ca.
Thank you lin advance for your continued support of Rail Safety Week. We would greatly
appreciate it if you would send us a copy of your resolution, and keep us informed of how you
will be promoting rail safety in your community this year.
Sincerely,
Stephen Covey
President
Operation Lifesaver
Encl.
.............
Sarah Mayes
National Director (interim)
Operation Lifesaver
Operation Lifesaver is a national rail safety program, sponsored by Operation Garecutrain est un programme national de s6curR6
,0, tinVwor
Transport Canada and the Railway Association of Canada, works ferrovicire parrain6 par Transports Canada et I'Association des dlemins
to save lives by educating Canadians about the hazards of railway de Ger du Canada, qui vise a souver des vies en informant les Cancdiens
crossings and trespassing on railway property, des dangers poses par les passages d niveau et les intrusions sur le
�25 domains ferrovialre.
(Draft Resolution)
Whereas Public - Rail Safety Week is to be held across Canada from April 24 to 30,
2017
Whereas it is in the public's interest to raise citizens' awareness on reducing
avoidable accidents, injuries and damage caused by collisions at level crossings or
incidents involving trains and citizens;
Whereas Operation Lifesaver is a publ'ic/private partnership whose aim is to work with
the rail industry, governments, police services, the media and other agencies and the
public to raise rail safety awareness;
Whereas Operation Lifesaver has requested City Council adopt this resolution in
support of its ongoing effort to save lives and prevent injuries in communities,
including our municipality,
EM
seconded by Councillor
It is hereby RESOLVED to support national Public - Rail Safety Week, to be held from
April 24 to 30, 2017.,
COUNCIL REPORT
M&C No.
M&C #2017 - 033
Report Date
February 01, 2017
Meeting Date
February 20, 2017
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Land and Easement Acquisition — City Line Portions of PID # 390104
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author/ Dept. Head
Deputy Commissioner/
Commissioner
City Manager
Paul Wilson /Brian Irving
Ian Fagan /Kevin Fudge
Jeff Trail
RECOMMENDATION
That Common Council adopt the following resolution:
1. That the City acquire from Dufferin Point Inc. for $11,750.00 upon the
terms and conditions set out in the Agreement of Purchase and Sale
attached;
(a) Freehold interest in a 550.19 sq. m. +/- portion of lands designated
PID # 390104, and
(b) An Easement for Municipal Services in a 96.41 sq. m +/- portion of
said PID # 390104, and
2. That the Mayor and Common Clerk be authorized to execute any
document(s) necessary to finalize this transaction.
EXECUTIVE SUMMARY
There are four residential properties at the south end of City Line that are not
currently connected to the City's sanitary sewer system and their sanitary
sewage currently flows untreated into the environment. These flows need to be
collected and re -directed to the Lancaster Waste Water Treatment Facility.
The owner of PID # 390104 (Dufferin Point Inc.) has, subject to Common
Council's approval, agreed to sell a portion of this land for construction of a
sanitary lift station and also an easement for associated sewer piping for the
price of $11,750.00 (+ HST). Based on recent land sales in the area, this price
represents market value and funding is approved in the 2017 Water & Sewer
Utility Fund Capital Program. The purpose of this report is to obtain Common
WA
-2 -
Council's adoption of the aforementioned recommendations to acquire said land
and easement.
PREVIOUS RESOLUTION
n/a
STRATEGIC ALIGNMENT
This report aligns with the Council Priority of Valued Service Delivery, by
investing in sustainable City services and infrastructure.
REPORT
In addition to the information contained in the Executive Summary above, the
following is offered:
This project is intended to be completed in 2017.
In addition to the land rights to be acquired from Dufferin Point Inc., land rights
in and through three other near -by residential properties will also be required to
accommodate the piping necessary to connect the proposed lift station to the
existing sanitary sewer network further up City Line. These proposed additional
acquisitions will be vested as public street, and will be presented to Common
Council in separate reports in the near future.
On completion of the lift station project, the sanitary sewer flows from Civic #'s
483, 487 & 481 City Line, and Civic # 4 Fort Dufferin Road will be piped into the
sanitary lift station. The lift station will then pump the flows on towards the
Lancaster Waste Water Treatment Facility.
In the longer term, the lift station site is large enough to be upgraded in order to
also capture the sanitary flows from any future residential development of the
16 acre +/- "Fort Dufferin" site owned by Dufferin Point Inc., and pump them to
the Lancaster Sanitary Treatment Facility as well.
SERVICE AND FINANCIAL OUTCOMES
Acquisition of this real estate will enable the improvement of the sanitary sewer
system and the acquisition of this real-estate is part of the approved 2017 Water
& Sewer Utility Fund Capital Budget.
K-11
-3 -
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The following departments have provided input to this report:
Saint John Water / Engineering
City Solicitor's Office
Growth and Community Development
Finance and Administrative Services.
ATTACHMENTS
Agreement of Purchase and Sale Document
Area location plan
Wel
The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell! to the
Purchaser the freehold interest in Parcel 1 and an easement in Parcel 2, as hereinafter set out
upon the following terms andconditions:
Vendor: DUFFERIN' POINT INC.
71 Kingsdale Avenue
Toronto, ON M2N 3W3
Attention: Mr. Naimark Issai
Purchaser: THE CITY OF SAINT JOHN
P.O. Box 1971
15 Market Square
Saint John, INB E2L 41-1
Attention: Common Clerk
Premises: 1) Freehold interest in land designated "Proposed Land To Be Purchased
Area = 559.19m2" on Drawing No. 16113-1A-CO1 dated Jan, 18/17
prepared by Crandall Engineering Ltd. entitled: "Property Acquisition — PID
00390104 for City Line Sanitary Lift Station and Sewer Improvements", a
copy is attached hereto as Schedule A (herein "Parcel V);
2) Easement interest in land designated "Proposed Easement for Municipal
Services" on the aforesaid drawing (herein "Parcel 2"'). Parcels 1 and 2 are
collectively referred to as the "Real Property".
Purchase Price: $11,750.00 + HST if applicable
Deposit: $ 750,.00 payable upon adoption of Common Council Resolution
Balance: $11,000.00 on Closing Date subject to usual adjustments for real property
taxes, etc.,
Closing Date: On or before 4:00 p.m., local time, on August 31, 2017
(i) The Purchaser shall acquire from the Vendor unencumbered freehold title in Parcel
1; and
(ii) The Purchaser shall acquire from the Vendor an unencumbered easement and
rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents,
contractors and workers, to enter Parcel 2 (the "Lands") with machinery, materials,
vehicles and equipment and to construct, alter, maintain, inspect and repair
underground water mains or pipelines, storm sewers, sanitary sewers or any like
municipal works including all related works appurtenant thereto, promptly restoring as
far as is practical the surface of the Lands to the same conditions, as it was prior to the
commencement of the work or excavation, together with the right by action or
otherwise at any time to enjoin the Vendor, including the heirs, executor,
1
091
Agreement of Purchase and Sale — PID 00390104
Dufferin Point Inc. and The City of Saint John
administrators, successors and assigns of such Vendor from erecting or locating on
the Lands any building, structure or other obstacle which could impair the free and full'
use of the easement or permitting the erection or location thereon of any such
building, structure or other obstacle.
2. The Purchaser may examine the title to the Real Property at lits own expense until the
Closing Date. If within that time any valid objection to the title to the Real Property is made
in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to
remove within twenty (20) days of notification of such objection; or objections and which
the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts
or negotiations in respect of such objections, be null and void and any deposit shall be
returned by the Vendor without interest and the Vendor shall' not be liable for any costs or
damages. Save as to any valid objection so made within such time, the Purchaser shall be
conclusively deemed to have accepted the title of the Vendor to the Real Property.
3. The Vendor shall deliver to the Purchaser at closing and in registrable form any
postponement(s) and/or discharge(s) or partial discharges of any encumbrances which, the
Purchaser, at its discretion may require.
4. (i) The Purchaser shall prepare at its cost any Subdivision Plan(s)/Plan(s) of Survey
required to effect the conveyances herein contemplated; and
(H) The Purchaser shall contribute $500.00 plus HST for legal fees expended by the
Vendor to complete these conveyances; and
(iii) The Purchaser shall pay for registration & filing fees at SNB for the plans and
other documentation, including but not limited to, postponements, and any
discharges) or partial discharges of mortgage(s), debenture(s), or other
encumbrances.
5. The Vendor shall at its expense terminate all leases with respect to the Real Property
such that the Purchaser will have vacant possession of the Real Property on the Closing
Date.
6. In the event that the Purchaser defaults in the closing of the sale under the terms of
this Agreement, any money paid' hereunto shall be forfeited to the Vendor by way of
liquidated damages, and the Vendor shall have no further or other recourse against the
Purchaser.
7. Any notice under this Agreement shall be in writing and shall be effectively given and
made if (a) delivered personally; (b) sent by prepaid courier service; or (c) sent by prepaid
post to the applicable, addressee at the address hereinbefore set out, or in the case of the
Vendor, to the agent designated in the Service New Brunswick Corporate Affairs Registry
Database.
31
Agreement Of Purchase and Sale, — PID 00390104
Dufferin Point Inc, and The City of Saint John
8. This Agreement constitutes the entire agreement between the parties pertaining to
the subject matter of this Agreement and supersedes all prior agreements,
understandings, negotiations and discussions, whether oral or written. There are no
conditions, warranties, representations or other agreements between the parties in
connection with the subject matter of this Agreement (whether oral or written, express or
implied', statutory or otherwise) except as specifically set out in this Agreement.
9. Any provision of this Agreement which is prohibited or unenforceable in any
Jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or
unenforceability and shall be severed from the balance of this Agreement, all without
affecting the remaining provisions of this Agreement or affecting the validity or
enforceability of such provision in any other jurisdiction.
10. This Agreement shall be governed by and construed in accordance with the laws of
the Province of New Brunswick,
11. This offer shall be irrevocable by the Vendor until 4M p.m, local time on February 28,
2017 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase
and Sale binding upon the parties hereto,
12. This offer when accepted shall be read with all changes of gender or number required
by the context shall be binding upon the parties hereto, their respective heirs,, executors,
administrators, and assigns, and time shall in all respects be of the essence hereof,
13. AND FURTHER that, upon acceptance by the Purchaser, the Purchaser, by its
,authorized representatives, and with such equipment as may be necessary has a right of
access to, in and upon the Real Property at any time provided such right is exercised with
as little disturbance as possible to the Vendor for such purposes and pursuant to the terms
hereinafter set out:
(i) The right of access is to allow the Purchaser to construct improvements to the City
of Saint John sanitary sewer system, including but not limited to, construction of a
sanitary lift station and associated piping;
(ii) Any entry to, in and upon the Real Property shall require 48 hours' prior written 0/—
(email) notice to the Vendor at P 4f'A1rs-z>4t-,eF '4A4 ; A1rW34V,3
(iii) Any entry by or on behalf of the Purchaser shall be at its risk, cost and expense;t gL
and ZWA4:�
(iv) The Purchaser for itself and its authorized representatives hereby indemnifies, and
saves harmless the Vendor from and against all matters arising by reason of the.
Purchaser exercising its right of access granted herein.
9
WA
Agreement of Purchase and Sale — PID 00390104
Dufferin Point Inc. and The City of Saint John
IIN WITNESS WH F" REOF the Vendor has caused these presents to be executed this
day of ,2017.
V
=I
The Vendor's solicitor is
AND the Purchaser has caused these presents to be executed this _ day of
,2017.
THE CITY OF SAINT JOHN'
Mayor
Common Clerk
091
05XITIN U01=4 -
PID 00386037
#4
PID 55209381
,-,,,lffEDU'LE- A
F9150YORNP, =00.
79FIXITINNO 0=0 -
RUE FORT DUFFERIN ROAD
U),
PROPOSED LAND TO
RE PURCHASED
Lu AREA = 550.19 m2
PROPOSED EASEMENT FOR MUNICIPAL SERVICES
AREA = 96.41 M2
0
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COUNCIL REPORT
M&C No.
2017-037
Report Date
February 15, 2017
Meeting Date
February 20, 2017
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Sculpture Saint John
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Jeff Trail I Jeff Trail
RECOMMENDATION
It is recommended that Common Council adopt the following resolution.
"RESOLVED that Common Council enter into a City Partnership with Sculpture
Saint John for two sculptures by contributing $30,000 in 2016 out of the General
Operating Fund"
EXECUTIVE SUMMARY
The current plan is for Sculpture Saint John to hold its final symposium in 2018.
The City intends on acquiring two sculptures at $15,000 per sculpture through a
partnership with Sculpture Saint John from the symposium in 2018 and this was
described to Council during deliberations for the capital budget for 2017. There
is an inconsistency in the authority however, in that a resolution made on May
2nd, 2016 does not support the investment required for two sculptures. If it is
Council's desire to acquire two sculptures, the resolution of May 2nd, 2016
should be rescinded and replaced with the resolution herein this report. This will
authorize staff to fully fund the acquisition of two sculptures at the final event at
a total cost of $15,000 each or $30,000 in total.
PREVIOUS RESOLUTION
May 2nd, 2016 — "RESOLVED that the City enter into a City Partnership with
Sculpture Saint John by contributing $7,500 in 2017 and $7,500 in 2018"
STRATEGIC ALIGNMENT
01.1
This aligns with Council's priority for a Vibrant Community by investing in arts,
culture and recreation experiences that create a sense of community pride.
Chck here to enter text,
SERVICE AND FINANCIAL OUTCOMES
Service utnphcltlons rchted to econotnic., so6ll or environmenud utnjxlcts hi the communit.y.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Chck here to enter text,
ATTACHMENTS
Ist a1[[aIchments rchted to report.
MA
"771
WHEREAS: Red Cross Pink Day is an annual bullying awareness
day celebrated across Canada to help communities
come together and take a stand against bullying; and
WHEREAS: Bullying affects children, youth and adults, and
occurs in many types of environments; and
WHEREAS: Bullying is a. learned behavior that can have a.
devastating effect on families and communities; and
WHEREAS: Prevention, education and communication are
important components of eliminating bullying in an
effort for people to feel safe and respected every day;
and
WHEREAS: Individuals and communities have the power to
prevent bullying before it becomes a problem.
NOW THEREFORE: 1, Mayor on Darling, of Saint
John. do hereby proclaim the week of February 22nd, 20,1 as RED
CROSY in the City of Saint.
Inwitness whereof I have: set my hand and affixed the official seal
ILA
C"711;
The City of Saint John
WHEREAS: The right to pursue the truth through free inquiry is
essential to democratic dccision-making; and
WHEREAS: The freedom to read is the essence of free inquiry;
and
WHEREAS: The freedom to read is under assault from left and
right in our society;
THEREFORE: Be it resolved that Saint John Common Council
recognizes, reaffirms, and defends the right of the
citizens in this community individually to decide
what he or she will or will not read (the freedom to
read); and
Further in support of this resolution, this Council, on
behalf of the citizens of Saint John, proclaims this
city henceforth a Freedom to Read Zone in which the
freedom to read is inviolable.
NOW THEREFORE: 1, Mayor Don Darting, of Saint
John, do hereby proclaim the week of February 26th- are 4th, 2017
as FREEDOM TO READ WEEK in the City of Saint.
In witness whereof I have set my hand and affixed the official seal
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COUNCIL REPORT
M&C No.
2017-038
Report Date
February 13, 2017
Meeting Date
February 20, 2017
Service Area
Corporate Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: 2017 Work 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
Jeff Trail I Jeff Trail
RECOMMENDATION
This report is provided as an information item to Council to communicate the
specific actions being taken this year to advance on the Council Priorities as laid
out for 2016 - 2020.
EXECUTIVE SUMMARY
Immediately following the adoption of Council's four year priorities, considerable
effort went into finalizing the annual budget. Since January 2017, staff have
developed an Annual Work Plan which describes the specific initiatives which will
be undertaken in this calendar year to advance on Council's priorities. The
accompanying document describes the specific work which will be done this
year, contributing to the four year plan. This year a concerted effort was made
to understand the resource limitations in all departments and the implications of
work plans within specific departments on the others in order to predict any
bottlenecks in resourcing.
PREVIOUS RESOLUTION
Not applicable
STRATEGIC ALIGNMENT
This report is a natural next step following the adoption of Council Priorities and
brings the higher level priority document down to specific actions to be taken
over a specific timeframe. Financial resources, through the budgeting process,
have been allocated to the initiatives and an attempt has been made to
E:3►
-2 -
sequence the actions in order to contribute to the four year plan to advance on
Council set of priorities for this term.
SERVICE AND FINANCIAL OUTCOMES
Hease a cf'cu. to the attachiment
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
All departments and several of the highest impact agencies, boards and
commissions were involved in the development of this joint corporate work plan.
ATTACHMENTS
2017 Work Plan
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15
COUNCIL REPORT
M&C No.
2017-034
Report Date
February 14 2017
Meeting Date
February 20 2017
Service Area
Growth and Community
Development Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Proposed amendments to the Saint John Heritage Conservation
Areas By-law
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Alice Fudge
Jacqueline Hamilton
Jeff Trail
RECOMMENDATION
Your City Manager recommends that Common Council approve the necessary
advertising for the Public Hearing to be held on March 6, 2017 to consider the
proposed amendments to the Saint John Heritage Conservation Areas By-law
[HC -1] attached as "Appendix A".
EXECUTIVE SUMMARY
This report presents a suite of proposed amendments to the Heritage By-law
that will result in many improvements to the City's Heritage Service, particularly
changes that will deliver a more streamlined application and approval process
for heritage projects which aligns with Council and the Growth Committee's
priority on Growth. The improvements were initiated by the Heritage
Development Board and supported by staff. The motivations for the proposed
amendments are improved clarity and efficiency, enhanced customer -service,
along with minor 'housekeeping' updates to the by-law.
PREVIOUS RESOLUTION
A
STRATEGIC ALIGNMENT
The proposed changes to the Saint John Heritage Conservation Areas By-law
aligns with Council's priorities to support Growth and foster a Vibrant, Safe City
through the Modernization of the Heritage conservation process, as well as a
Valued Service Delivery through customer -focused services and a culture of
continuous improvement.
E-lue
-2 -
REPORT
The Heritage Development Board (the Board) and staff have recognized the need
for improvements to the Saint John Heritage Conservation Areas By -Law
(Heritage By-law). The following amendments will enable the Board to deliver a
more streamlined application and approval process for heritage projects. It is
expected that a By-law of this nature is reviewed and strengthened over time
and responds to the values of the community; the last comprehensive review of
the Heritage By-law, which took place in 2005, re-examined some of the
fundamentals of the document. The main objectives of the current by-law
amendment are focused on improving clarity and efficiency, enhancing
customer -service, along with minor 'housekeeping' updates.
The City's Heritage Service plays a key role in developing vibrant neighbourhoods
in key areas of the City. In association with the development of the South
Central Peninsula Neighbourhood Plan, a complete review of the Heritage By-law
is expected which will involve a more in-depth evaluation of the By-law as a
whole. Looking ahead to the visioning and activity of the Neighbourhood
Planning for this year, the proposed changes to the Heritage By-law are
considered "Phase One" of two By-law amendments. "Phase Two" will be a
comprehensive review of the Heritage By-law in conjunction with the
Neighbourhood Planning initiative, which supports Council's priority of
advancing the Heritage Service for Saint John.
While the Heritage Service is now fully integrated with the One -Stop
Development Shop, a review of the Heritage by-law was not originally part of the
One Stop service delivery model that included 61 service enhancements;
however, these proposed changes to the By-law and the Heritage Service aligns
with the guiding principles of the One -Stop project; innovation and continuous
improvement, predictability and clarity, facilitated and streamlined, and
customer and community focused.
The proposed changes that will enhance customer -service include:
• Quicker turnaround times and a streamlined process for heritage
property owners by designating the Heritage Officer to issue Heritage
Permits on behalf of the HDB;
• Providing clarity and simplicity by clearly describing exterior work that
does not require a Heritage Permit.
These improvements are largely achieved by authorizing the Heritage Officer to
issue heritage permits on behalf of the Board. The Board may (under the powers
0I91
of the Heritage Conservation Act) delegate authority to the Heritage Officer to
approve applications for conservation work that meets the standards set out in
the By-law. This shift in approval authority will lead to many aspects of
improved, customer -focused service, such as faster heritage permit turn -around
times for applications that can be approved by staff. Consequently, the Heritage
Development Board will adjust their regular meeting schedule to monthly
meetings to review heritage permit applications which involve major
rehabilitation work, building alterations, or work outside of the Heritage Officer's
approval authority, including work that does not meet the adopted Standards for
Conservation. This approval process change is a multi -step process which will be
developed further by staff and implemented in the updated Rules of Procedure
for the Board. The changes will be operationalized in conjunction with third
reading of the by-law amendment.
Also supporting customer -service enhancements, the Heritage By-law now
provides a clear and predictable set of requirements for making an application or
undertaking work on a heritage building, including what nature of work is
considered 'regular building maintenance' wherein a heritage permit is not
required.
The proposed changes that will improve clarity include:
• Updating and clearly stating Permit Application Requirements (section 6);
• Clarifying and removing redundancy with respect to the heritage
standards and guidelines for conservation — referring clearly to the
Standards and Guidelines for the Conservation of Historic Places in
Canada (removal of redundant section 8);
• Establishing an expiration date for all Heritage Permits of 2 years with an
option to extend one year, consistent with the Saint John Building By-law;
• Providing an avenue for the demolition of accessory buildings that area
hazard; and
• Establishing a fee for Demolition Permit applications to assist with a
portion of the additional costs associated with these types of complicated
applications; the fee for a Heritage Permit for Demolition is set at
$1000.00 to recover the costs of the required advertising.
Other proposed updates to the Heritage By-law will align this by-law with the
other related municipal and provincial laws, such as the Zoning By-law, the
Building By-law, the Municipalities Act, and the Heritage Conservation Act. These
updates include titles, definitions, and expiration dates for heritage permits.
The proposed 'housekeeping' changes include the following:
021
-4-
• Definitions — some revisions to be consistent with definitions in the
Zoning By-law and the Standards and Guidelines for the Conservation of
Historic Places in Canada;
• Change the title "Certificate of Appropriateness" to "Heritage Permit"
throughout, to be consistent with the Act;
• Change title "Secretary of the Board" to "Heritage Officer" throughout,
consistent with the Act;
• Update the version of the Standards and Guidelines for the Conservation
of Historic Places in Canada;
• Update "Safety", Section 16 to align with the applicable by-law.
The Saint John Heritage Conservation Areas By-law is fundamentally a sound
document for the management of appropriate development and conservation of
buildings within the City's heritage areas. However, making improvements to the
overall clarity of the Heritage By-law is key to providing an efficient Heritage
Service for the community. The objectives that underline this by-law are
appropriate design guidelines and clear requirements that will support the
decision-making process and encourage the conservation of the authentic
heritage character of Saint John.
SERVICE AND FINANCIAL OUTCOMES
The Heritage Development Board will shift from bi-weekly meetings to a monthly
meeting schedule in the spring, resulting in some cost savings. New revenue will
result with the inclusion of a fee for demolition permit applications.
Approximately 65 percent of heritage applications will be reviewed and
approved by the Heritage Officer, resulting in quicker turnaround times for
property owners.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The Legal Department has provided legal support to the amendment process and
has drafted the proposed amendment.
ATTACHMENTS
Appendix A — Proposed By -Law Number HC -1A Law to Amend the Saint John
Heritage Conservation Areas By-law
Appendix B — Letter from the Heritage Development Board
Appendix C — Advertisement for upcoming Public Hearing
ON
Appendix — A
By -Law Number HC -1
A Law to Amend
The Saint John Heritage
Conservation Areas By-law
Be it enacted by The City of Saint John in Common Council convened, as follows:
The Saint John Heritage Conservation Areas By-law, enacted on the ninth day of October, A.D.
2007, is amended by:
1. Adding to section 1, immediately after the words, "In this By-law,", in its own paragraph, the
following words:
"accessory building means a building that is incidental, subordinate, and exclusively devoted to
the main use, building, or structure located on the same lot;".
2. Deleting from section 1 the quotation marks surrounding the word "assessed value".
3. Deleting from section 1 the words "Certificate means a Certificate of Appropriateness
provided for by the Act;".
4. Deleting from section 1 the words "Conservation Area means that conservation area
established under Section 5 of the Act and defined in Section 2 of this By-law;".
5. Deleting from section 1 the following words:
"design means general appearance of the exterior of a building or structure including size,
shape, exterior surface textures, colours, decoration features, and standards of maintenance,
qualities and types of exterior materials, landscaping, relationship of building or structure to its
site, and for the purposes of this By -Law signage located on the interior which is visible to be
read from the exterior shall be included as well as other matters relating to the nature of the
exterior appearance;".
6. Deleting from section 1, the following words:
"development means the erecting, placing, relocating, removing, renovating, preserving,
rehabilitating, restoring, demolishing, altering, repairing or replacing of the exterior of a
019]
building or structure, in whole or part other than traffic control devices or statutory notices,
within a Preservation Area;"
and replacing them with the following paragraph:
"development means the erecting, placing, relocating, removing, renovating, preserving,
rehabilitating, restoring, demolishing, altering, repairing or replacing of the exterior of a
building or structure including, but not limited to, signs, in whole or part other than traffic
control devices or statutory notices;".
7. Adding to section 1, immediately after the words
"guidelines means prescriptive statements presented as recommended and non -recommended
actions as found in the national Standards for the Conservation of Historic Places in Canada
and/or descriptive statements as found in the City of Saint John Practical Preservation
Guidelines, that provide practical guidance in applying the Standards for Conservation, of
existing buildings,",
in their own paragraph, the following words:
"Heritage Permit means a municipal heritage permit authorized under the Heritage
Conservation Act, issued by the Board or the Heritage Officer;".
8. Removing from section 1 the following words:
"guidelines means prescriptive statements presented as recommended and non -recommended
actions as found in the national Standards for the Conservation of Historic Places in Canada
and/or descriptive statements as found in the City of Saint John Practical Preservation
Guidelines, that provide practical guidance in applying the Standards for Conservation, of
existing buildings,".
9. Adding to section 1, immediately after the words:
"heritage value means the aesthetic, historic, scientific, cultural, social or spiritual importance
or significance for past, present or future generations. The heritage value of a historic place is
embodied in its character -defining materials, forms, design, location, spatial configurations,
uses and cultural associations or meanings."
the following words, in their own paragraph:
"Heritage Conservation Act, means the Heritage Conservation Act, SNB 2010, c H-4.05."
10. Deleting from section 1 the following words:
SLI
"heritage conservation area means that heritage conservation area established under Section 5
of the Municipal Heritage Preservation Act and defined in Section 2 of this By-law."
and replacing it with the following words:
"heritage conservation area means a heritage conservation area established under the
Heritage Conservation Act and defined in this By-law."
11. Deleting from section 1, the following words:
"maintenance means routine, cyclical, non-destructive actions necessary to slow or prevent the
deterioration of a building, structure or historic place. It entails periodic inspection; routine,
cyclical, non-destructive cleaning; minor repair and refinishing operations; replacement of
damaged or deteriorated materials with compatible traditional materials and details of similar
profiles as the original. It does not include any alteration, design change and/or replacement
where such replacement involves a change in design or material. For the purpose of this By-law
the cleaning of a building or structure is deemed to constitute an alteration to the exterior
surface texture and is not considered maintenance."
12. Deleting from section 1, the following words:
"owner means the registered owner of a building or structure within the Heritage Conservation
Area, the lessee thereof, or a person in possession of a bona fide contract to purchase same;"
and replacing it with the following words:
"owner means the registered owner of real property;".
13. Adding the words "removal," immediately after the words "Rehabilitation means the action
or process of making possible a continuing or compatible new use for a historic place, or of an individual
component, through repair," and immediately preceding the words "alterations and.or additions,".
14. Deleting from section 1, the following paragraph:
"Standard(s) means norms for the respectful conservation of existing heritage buildings as
indicated in Section 8 of this By -Law and norms for the construction of new (infill) buildings that
are sensitive to their context as indicated in Section 9 of this By -Law."
15. Deleting from section 1, the following words:
"Standards & Guidelines for the Conservation of Historic Places in Canada means pan
Canadian document providing guidance on how to best conserve our irreplaceable built
heritage and on the limits of acceptable change to it; as first published by Parks Canada in 2003
and subsequently revised from time to time;".
OR
and replacing it with, the following words:
"Standards & Guidelines for the Conservation of Historic Places in Canada means the pan
Canadian document providing guidance on how to best conserve our irreplaceable built
heritage and on the limits of acceptable change to it; as published by Parks Canada in 2010."
16. Changing the header immediately preceding section 2 to the following bolded words:
"HERITAGE CONSERVATION AREA AND APPLICATION OF BY-LAW'S
17. Deleting section 3 and replacing it with the following words:
"3 (1) This by-law shall be administered by the Board.
3 (2) The Board may designate a Heritage Officer to issue Heritage Permits."
18. Replacing the header immediately preceding section 4 to the following bolded words:
"Heritage Permit"
19. Deleting section 5 (1) and replacing it with the following words:
"5 (1) Subject to subsection (2), no person shall carry out, or cause to be carried out any
development within the Heritage Conservation Areas unless:
(a) the development meets the standards prescribed by the Standards & Guidelines
for the Conservation of Historic Places in Canada; and
(b) a valid Heritage Permit has been issued pursuant to this By-law."
20. Adding the following words, immediately following section 5 (2):
"5 (3) Notwithstanding paragraph 5 (1)(b) a person shall be exempted from requiring a
Heritage Permit for the following developments:
(a) Ordinary maintenance or repair of building components and does not include
removal or replacement, or a change in design, materials, finishes or appearance;
(b) Painting with colours that have been previously approved in a prior Heritage
Permit for that development;
(c) Holes no larger than 6" in diameter for service entrance;
(d) Replacing flat -roof roofing material; and
(e) Landscaping including, but not limited to, walkway pavers.
5 (4) Nothing in 5 (3) exempts the following developments from requiring a Heritage Permit
(a) Replacing gable or mansard roofing;
(b) Painting with colours dissimilar to existing colours;
(c) Adding or removing elements;
(d) Any cleaning that changes the exterior surface texture including, but not limited
to, pressure washing with abrasives including, but not limited to, water or sand; and
(e) Altering, constructing or removing fences.
21. Deleting section 6 and replacing it with the following words:
"6 (1) An application for a Heritage Permit shall be filed with the Heritage Officer.
6 (2) The Heritage Officer shall accept an application for a Heritage Permit when:
(a) The information submitted appears to be adequate to determine compliance
with the provisions of this By-law;
(b) the information submitted is correct; and
(c) the full application fee has been received by the Heritage Officer.
6 (3) An application shall be in the form prescribed by the Board and shall include, as
applicable:
(a) in the case of an existing building or structure:
(i) a site plan showing the property boundaries and location of the
proposed development;
(ii) elevation drawings, drawn to scale, to illustrate the architectural design,
dimensions, materials and colour of the proposed development;
(iii) "before and after" drawings, sketches or photographs to illustrate both
the existing situation and the proposed alteration;
(b) in the case of new (infill) construction:
MA
(i) All materials necessary to demonstrate the appropriateness of the
development within the surrounding streetscape context which may
include:
A. site plans;
B. building section drawings;
C. architectural details;
D. specifications and descriptions of materials to be used;
E. elevation drawings; and
F. floor plans.
6 (4) The Board, or the Heritage Officer if so authorized, shall issue a Heritage Permit if the
proposed development is consistent with the recommendations found in the Standards &
Guidelines for the Conservation of Historic Places in Canada.
6 (5) The Board may refuse to issue a Heritage Permit where it considers that the
development plans and specifications submitted as part of the application are incomplete or
where such plans and specifications show that the proposed conservation or development,
with the exception of demolition, is incompatible with the Standards & Guidelines for the
Conservation of Historic Places in Canada or Section 9.
6 (6) A Heritage Permit is valid for a period of two years from the date of its issuance.
6 (7) The Board, or the Heritage Officer if so authorized, shall renew a Heritage Permit for a
period of up to one year from the original date of expiry upon request of the Heritage Permit
holder in the manner prescribed by the Board when the development meets the conditions of
this By-law.
6 (8) A Heritage Permit may be renewed no more than once.
6 (9) The Board, or the Heritage Officer if so authorized, shall notify the Heritage Permit
holder, in writing, that the Heritage Permit has been renewed.
6 (10) A Heritage Permit that has expired shall be deemed revoked."
22. Repealing section 7.
23. Deleting subsection 8 (2) and replacing it with the following words:
01:3
"8 (2) Any development on an existing building in a Heritage Conservation Area, with the
exception of new (infill) construction or demolition, shall comply with the Standards &
Guidelines for the Conservation of Historic Places in Canada."
24. Deleting paragraph 10 (1) (a) and replacing it with the following words:
"(a) the building or structure has been identified by the Board as incompatible with the
standards prescribed in the Standards & Guidelines for the Conservation of Historic Places in
Canada or Section 9 of this by-law, as applicable;".
25. Adding immediately after paragraph 10 (1) (a) the following words:
"(a.1) the building or structure is an accessory building and is a hazard to the safety of
the public by reason of dilapidation or unsoundness of structural strength;".
26. Delete subsection 10 (4) and replace it with the following words:
"10 (4) The Notice of the Offer to Sell mentioned at paragraph 10 (1) (b) shall:
(a) appear in the real estate section of the newspaper;
(b) be at least one column in width;
(c) have at the top of the ad a headline in 24 pt. type in capitals, indicating the name
of the Heritage Conservation Area that the property is located within;
(d) use 8 pt. type in the text of the ad;
(e) identify the property and its location;
(f) state the offering price;
(g) state the date the Offer to Sell is to begin, which date shall not be earlier than
the date such offer was filed with the Heritage Officer pursuant to subsection 2(a); and
(h) include a black and white photograph of the property, to be a minimum of the
width of the column by whatever necessary height, that clearly illustrates the character
defining elements of the property.
10(4.1) The Listing Agreement mentioned in paragraph 10 (1) (c) shall be in the form
principally used by licensed real estate agents and brokers within the City of Saint John and
shall cause the property to:
(a) be listed with a licensed real estate salesperson who is a member of the Saint
John Real Estate Board;
061
(b) be listed via the MULITIPLE LISTING SERVICE°;
(c) adhere to the Saint John Real Estate Board's MLS° Rules and Regulations and
its policies for the suitable presentation of the property for marketing purposes; and
(d) include a photograph representing a clear and accurate representation of the
property for sale and its heritage character defining elements.
10(4.2) Exclusive listings with a REALTOR ° shall not be acceptable for the purposes of
this By -Law."
27. Delete subsection 11 (3) and replace it with the following words:
"11 (3) The Board shall, upon issuing a Heritage Permit approving the demolition, removal or relocation
of a building or structure or any part thereof, under section 10, forthwith, at its own expense,
(a) cause a notice to be published
(i) on the municipal website; or
(ii) in a newspaper of general circulation in the municipality
stating that the building or structure in question has been approved for demolition, removal or
relocation, the date of issue of the Heritage Permit and outline the statutory right of appeal
which exists against the Board's decision;
(b) notify the Minister responsible for the Heritage Conservation Act that the Heritage
Permit has been issued."
28. Repeal subsection 11 (4) in the French version.
29. Repeal section 13.
30.Repeal section 14 of the French version and renumber sections 15 through 17 in the French
version as 14 through 16.
31. Delete section 16 and replace with the following words:
"16 (1) Nothing in this by-law shall be construed so as to affect the demolition of any building
pursuant to a notice issued pursuant to sections 190.01(2) or 190.041 of the Municipalities Act,
RSNB 1973, c M-22.
16 (2) Nothing in this by-law shall be construed so as to affect the demolition of any building
pursuant to 190.04(1)(b) or 190.041(3) of the Municipalities Act RSNB 1973, c M-22."
32. Add immediately after section 16 the following words, with the words in the header bolded:
`[eIl]
"Fees
17 The application fees required under this By-law are listed in Schedule "J"."
33. Adding the attached Schedule "J" as its own page immediately after Schedule "I".
34. Deleting all instances of "certificate" and "certificate of appropriateness" and replacing
them with the words "Heritage Permit" in its singular or plural as appropriate by context.
35. Deleting all instances of "Heritage Development Board" or "Heritage Board" and replacing
them with the word "Board".
36. Replacing all references to "Secretary" and "Secretary of the Board" and replacing them
with the words "Heritage Officer".
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
First Reading
Second Reading
Third Reading
Mayor/Maire
day of I and signed by:
Common Clerk/greffier communal
`to]I
Schedule "J": Fees
The application fees referred to in this By-law are as follows:
Developments which include demolition,
$1,000.00
removal or relocation pursuant to section
10.
All other developments
Free
`[oya
Arrete no HC -1
Arrete portant modification de I'arrete intitule
Les aires de conservation
du patrimoine de Saint John
Le conseil communal de The City of Saint John edicte :
L'arrete intitule Les aires de conservation du patrimoine de Saint John, edicte le 9 octobre 2007,
est modifie ainsi qu'il suit :
1. L'article 1 est modifie par adjonction, immediatement apres « Les expressions qui suivent
s'appliquent au present arrete. », et dans son propre paragraphe, de la definition qui suit :
« batiment accessoire designe un batiment annexe et secondaire par rapport a l'usage
principal, au batiment principal ou a la construction principale situes sur le meme lot, et qui est
affecte exclusivement a cet usage.
2. L'article 1 est modifie par suppression, dans la version anglaise, des guillemets qui precedent
et suivent le terme « assessed value ».
3. L'article 1 est modifie par suppression de « Certificat designe le Certificat de conformite
prevu par la Loi.
4. L'article 1 est modifie par suppression de « Secteur sauvegarde designe un secteur
sauvegarde cree en application de I'article 5 de la Loi et defini a I'article 2 du present arrete.
5. L'article 1 est modifie par suppression de la definition qui suit :
« Conception esthetique designe I'aspect general de 1'exterieur d'un batiment ou d'une
construction, dont les dimensions, la forme, les textures des surfaces exterieures, les couleurs,
ses elements decoratifs ainsi que les normes des travaux d'entretien, les caracteristiques des
materiaux exterieurs et Ieur type, I'amenagement paysager, l'insertion du batiment ou de la
construction dans son site et, aux fins du present arrete, les enseignes situees a l'interieur qui
sont visibles de 1'exterieur sont compris, ainsi que tout autre aspect de I'apparence
exterieure.
6. L'article 1 est modifie par suppression de la definition qui suit :
« Amenagement designe 1'edification, la mise en place, le deplacement, 1'enlevement, la
renovation, la protection, la restauration, la demolition, la modification, la reparation ou le
`DIV
remplacement, a l'interieur d'un secteur sauvegarde, de tout 1'exterieur d'un batiment ou
d'une construction ou d'une partie de celui-ci, autre que les dispositifs de reglementation de la
circulation ou les panneaux prevus par la Loi.
et son remplacement par la definition qui suit :
« Amenagement designe 1'edification, la mise en place, le deplacement, 1'enlevement, la
renovation, la preservation, la restauration, la remise en etat, la demolition, la modification, la
reparation ou le remplacement de 1'exterieur d'un batiment ou d'une construction, y compris
notamment d'enseignes, mais a 1'exclusion de dispositifs de reglementation de la circulation et
de panneaux d'avis prevus par la Loi.
7. L'article 1 est modifie par insertion, immediatement apres la definition qui suit :
« Lignes directrices designe les enonces prescriptifs presentes de fa�on a indiquer les actions
conseillees et celles qui sont deconseillees, suivant les Normes pour la conservation des lieux
patrimoniaux au Canada, de meme que les enonces descriptifs de The City of Saint John se
trouvant dans les lignes directrices utiles a la conservation qui fournissent des directives
pratiques sur I'application des normes relatives a la conservation des batiments existant.
et dans son propre paragraphe, de la definition qui suit :
« Permis de patrimoine designe un permis en matiere de patrimoine municipal conforme a la
Loi sur la conservation du patrimoine qui est delivre par le Comite ou par un agent du
patrimoine.
8. L'article 1 est modifie par suppression de la definition qui suit :
« Lignes directrices designe les enonces prescriptifs presentes de fa�on a indiquer les actions
conseillees et celles qui sont deconseillees, suivant les Normes pour la conservation des lieux
patrimoniaux au Canada, de meme que les enonces descriptifs de The City of Saint John se
trouvant dans les lignes directrices utiles a la conservation qui fournissent des directives
pratiques sur I'application des normes relatives a la conservation des batiments existant.
9. L'article 1 est modifie par insertion, immediatement apres la definition qui suit :
« Valeur patrimoniale designe l'importance ou la signification esthetique, historique,
scientifique, culturelle, sociale ou spirituelle pour les generations passees, actuelles ou futures.
La valeur patrimoniale d'un lieu repose sur ses elements caracteristiques tels que les materiaux,
la forme, 1'emplacement, les configurations spatiales, les usages, les connotations ou les
significations culturelles.
et dans son propre paragraphe, de la definition qui suit :
` tell, I
« Loi sur la conservation du patrimoine designe la Loi sur la conservation du patrimoine,
L.N.-B. 2010, ch. H-4.05.
10. L'article 1 est modifie par suppression de la definition qui suit :
« Aire de conservation du patrimoine designe une sire de conservation du patrimoine creee en
application de I'article 5 de la Loi sur la sauvegarde du patrimoine municipal et definie a
I'article 2 du present arrete.
et son remplacement par la definition qui suit :
« Aire de conservation du patrimoine designe une sire de conservation du patrimoine creee en
vertu de la Loi sur la conservation du patrimoine et definie dans le present arrete.
11. L'article 1 est modifie par suppression de la definition qui suit :
<( Travaux d'entretien designe 1'ensemble des actions non destructives, cycliques et de routine
necessaires au ralentissement ou a la prevention de la deterioration d'un batiment, d'une
construction ou d'un lieu patrimonial. IIs comprennent l'inspection periodique; Ie nettoyage
non destructif cyclique et de routine; les reparations mineures et de remise en stat; Ie
remplacement des materiaux endommages ou deteriores a I'aide de materiaux traditionnels
compatibles et des details semblables a ceux d'origine. Les travaux d'entretien ne comprennent
pas les modifications, les modifications de conception esthetique ni les remplacements Iorsque
ceux-ci comportent un changement de conception esthetique ou de materiel. Aux fins du
present arrete, Ie nettoyage d'un batiment ou d'une construction est considers comme une
modification de la texture de la surface exterieure et non comme des travaux d'entretien.
12. L'article 1 est modifie par suppression de la definition qui suit :
« Proprietaire designe le proprietaire inscrit d'un batiment ou d'une construction sis dans I'aire
de conservation du patrimoine, son locataire ou le detenteur d'un contrat authentique d'achat
du batiment ou de la construction.
et son remplacement par la definition qui suit :
« Proprietaire designe le proprietaire inscrit de biens reels.
13. L'article 1 est modifie par adjonction de « des suppressions, » immediatement apres
« Rehabilitation designe I'action ou le processus visant a permettre un usage continu ou
contemporain compatible avec le lieu patrimonial, ou avec Pune de ses composantes, en faisant
des reparations, » et immediatement avant « des modifications ou des ajouts, tout en
protegeant la valeur patrimoniale du lieu.
`WO
14. L'article 1 est modifie par suppression de la definition qui suit :
« Normes designe les regles visant la conservation respectueuse des batiments patrimoniaux
existants, tel qu'il est enonce a I'article 8 du present arrete, et les regles visant la construction
de nouveaux batiments (edification sur terrain intercalaire) qui s'integrent a Ieur
environnement, tel qu'il est indique a I'article 9 du present arrete.
15. L'article 1 est modifie par suppression de la definition qui suit :
« Normes et lignes directrices pour la conservation des lieux patrimoniaux au Canada designe
le document pancanadien qui fournit des conseils sur les moyens a prendre pour conserver
notre patrimoine bati irrempla�able et sur les limites des changements acceptables. Ce
document a ete publie par Pares Canada en 2003 et a depuis ete modifie a quelques reprises.
et son remplacement par la definition qui suit :
« Normes et lignes directrices pour la conservation des lieux patrimoniaux au Canada designe
le document pancanadien qui fournit des conseils sur les moyens a prendre pour conserver
notre patrimoine bati irrempla�able et sur les limites des changements acceptables. Ce
document a ete publie par Pares Canada en 2010.
16. La rubrique qui precede I'article 2 est supprimee et remplacee par la suivante, en caracteres
gras :
AIRE DE CONSERVATION DU PATRIMOINE ET CHAMP D'APPLICATION D.
17. L'article 3 est abroge et remplace par ce qui suit :
« 3(1) Le comite veille a I'application du present arrete.
3(2) Le comite peut designer un agent du patrimoine charge de la delivrance de permis de
patrimoine.
18. La rubrique qui precede I'article 4 est supprimee et remplacee par la suivante, en caracteres
gras :
« Permis de patrimoine
19. Le paragraphe 5(1) est abroge et remplace par ce qui suit :
« 5(1) Sous reserve du paragraphe (2), it est interdit de realiser ou de faire realiser un
amenagement dans les aires de conservation du patrimoine sauf si les conditions suivantes sont
reunies :
1191.1
a) I'amenagement est conforme aux normes prescrites dans les Normes et lignes
directrices pour la conservation des lieux patrimoniaux au Canada;
b) un permis de patrimoine valide a ete delivre sous le regime du present arrete.
20. Le nouveau paragraphe 5(3) qui suit est insere apres le paragraphe 5(2) :
« 5(3) Malgre I'alinea 5(1)b), it West pas necessaire d'obtenir un permis de patrimoine pour
proceder aux amenagements suivants :
a) les travaux d'entretien ou de reparation ordinaires effectues a des elements d'un
batiment, a 1'exclusion de la suppression ou du remplacement de ceux-ci, ou d'un
changement apporte a la conception esthetique, aux materiaux, a la finition ou a I'aspect;
b) la peinture en utilisant des couleurs qui ont deja ete approuvees dans un permis
de patrimoine delivre anterieurement a I'egard du meme amenagement;
C) des trous d'un diametre maximal de 6 pouces effectues pour amenager une
entree;
d) le remplacement du materiau de couverture d'une toiture terrasse;
e) I'amenagement paysager, y compris notamment les paves d'allees pietonnes.
5(4) Le paragraphe (3) n'a pas pour effet de dispenser de ('obligation d'obtenir un permis de
patrimoine pour proceder aux amenagements suivants :
a) le remplacement de la couverture d'un toit a deux versants ou d'un toit a la
Mansard;
b) la peinture en utilisant des couleurs differentes des couleurs existantes;
C) I'ajout ou la suppression d'elements;
d) les travaux de nettoyage ayant pour effet de changer la texture de la surface
exterieure, y compris notamment par lavage a la pression au moyen de substances
abrasives, y compris I'eau ou le sable;
e) la modification, la construction ou 1'enlevement de clotures.
21. L'article 6 est abroge et remplace par ce qui suit :
« 6(1) La demande de permis de patrimoine est deposee aupres de I'agent du patrimoine.
` IYA
6(2) L'agent du patrimoine re�oit la demande de permis de patrimoine qui reunit les conditions
suivantes :
a) les renseignements qu'elle contient semblent suffisants pour trancher la
conformite aux dispositions du present arrete;
b) les renseignements qu'elle contient sont exacts;
C) elle est accompagnee du plein droit de demande.
6(3) La demande est presentee en la forme prevue et est accompagnee de ce qui suit, le cas
echeant :
a) s'agissant d'un batiment existant ou d'une construction existante :
(i) un plan de situation qui indique les limites de la propriete et
1'emplacement de I'amenagement propose,
(ii) des dessins en elevation, executes a I'echelle, illustrant la conception
architecturale, les dimensions, les materiaux et la couleur de
I'amenagement propose,
(iii) des dessins, croquis ou photos « avant-apres » illustrant tant la
situation actuelle que la modification proposee;
b) s'agissant d'une nouvelle construction (edification sur terrain intercalaire) :
(i) tous les documents necessaires pour demontrer la compatibilite de
I'amenagement avec le paysage de rue avoisinant, y compris notamment,
le cas echeant :
A. des plans de situation;
B. des coupes du batiment;
C. des details d'architecture;
D. des specifications et descriptions des materiaux qui seront
utilises;
E. des dessins en elevation;
F. des plans d'etage.
`DU]
6(4) Le comite, ou I'agent du patrimoine, si ce dernier y est autorise, delivre un permis de
patrimoine si Ie projet d'amenagement est conforme aux recommandations enoncees dans les
Normes et lignes directrices pour la conservation des lieux patrimoniaux au Canada.
6(5) Le comite peut refuser de delivrer un permis de patrimoine s'il estime que les plans
d'amenagement et le Bevis descriptif accompagnant la demande sont incomplets ou indiquent
que le projet de conservation ou d'amenagement, a 1'exclusion des travaux de demolition, est
incompatible avec les Normes et lignes directrices pour la conservation des lieux patrimoniaux
au Canada ou I'article 9.
6(6) Le permis de patrimoine est valide pour une periode de deux ans a partir de la date de
sa delivrance.
6(7) Sur demande du titulaire de permis presentee de la maniere prescrite par le comite, ce
dernier, ou I'agent du patrimoine, si ce dernier y est autorise, renouvelle un permis de
patrimoine pour une periode maximale d'un an a partir de sa date d'expiration initiate si
I'amenagement est conforme aux conditions enoncees dans le present arrete.
6(8) Le permis de patrimoine ne peut etre renouvele qu'une seule fois.
6(9) Le comite, ou I'agent du patrimoine, si ce dernier y est autorise, donne un avis ecrit du
renouvellement du permis de patrimoine a son titulaire.
6(10) Le permis de patrimoine qui est expire est repute revoque.
22. L'article 7 est abroge.
23. Le paragraphe 8(2) est abroge et remplace par ce qui suit :
« 8(2) Dans les aires de conservation du patrimoine, les amenagements, a 1'exclusion des
travaux de demolition et des nouvelles constructions (edifications sur terrain intercalaire),
doivent respecter les Normes et lignes directrices pour la conservation des lieux patrimoniaux
au Canada.
24. L'alinea 10(1)a) est abroge et remplace par ce qui suit :
« a) le comite a juge le batiment ou la construction comme etant incompatible avec les
normes enoncees dans les Normes et lignes directrices pour la conservation des lieux
patrimoniaux au Canada ou a I'article 9, selon le cas; ».
25. L'article 10 est modifie par insertion, immediatement apres I'alinea 10(1)a), de ce qui suit :
`[ole.]
« a.1) le batiment ou la construction est un batiment accessoire et constitue un danger
a la securite publique du fait qu'il est dilapide ou que sa resistance structurale est
faible;
26. Le paragraphe 10(4) est abroge et remplace par ce qui suit :
« 10(4) L'avis d'offre de vente prevu a I'alinea 10(1)b) doit respecter les conditions suivantes :
a) paraitre dans la section de I'immobilier d'un journal;
b) avoir une largeur minimale d'une colonne;
C) avoir un titre en lettres majuscules dont la taille de police est de
24 points, indiquant le nom de I'aire de conservation du patrimoine dans
laquelle le bien-fonds est situe;
d) presenter un texte dont la taille de police est de 8 points;
e) decrire le bien-fonds et preciser son emplacement;
f) indiquer le prix demande;
g) indiquer la date d'entree en vigueur de I'offre de vente, date qui
ne peut etre anterieure a la date a laquelle I'offre a ete deposee aupres de
I'agent du patrimoine en application de I'alinea 2a);
h) contenir une photo noir et blanc du bien-fonds qui soit tout au
moins de la largeur de la colonne et de la hauteur necessaire, et qui illustre
clairement les elements caracteristiques du bien-fonds.
(4.1) Le contrat de courtage immobilier prevu a I'alinea 10(1)c) doit etre redige sous la
forme principalement utilisee par les agents et les courtiers immobiliers agrees dans The
City of Saint John et doit :
a) faire en sorte que le bien-fonds soit mis en vente par un agent
immobilier agree membre de la Saint John Real Estate Board;
b) faire en sorte que le bien-fonds soit inscrit au SERVICE INTER-
AGENCES°;
C) respecter les regles et les reglements de la Saint John Real Estate
Board relativement au Service Inter-Agences° ainsi que ses politiques
concernant la presentation appropriee du bien-fonds aux fins de
commercialisation;
`sK
d) contenir une photo representant de maniere claire et precise le
bien-fonds mis en vente ainsi que ses elements caracteristiques d'un lieu
du patrimoine.
(4.2) Pour I'application du present arrete, it est interdit de conclure un contrat de
courtage exclusif aupres d'un REALTOR°.
27. Le paragraphe 11(3) est abroge et remplace par ce qui suit :
« 11(3) Des delivrance d'un permis de patrimoine autorisant la demolition, 1'enlevement ou le
deplacement de tout ou partie d'un batiment ou d'une construction conformement a
I'article 10, Ie comite prend les mesures suivantes a ses propres frais :
a) it fait publier un avis portant que I'approbation a ete donnee pour la demolition,
1'enlevement ou le deplacement du batiment ou de la construction en question,
indiquant la date de la delivrance du permis de patrimoine et soulignant le droit
d'origine legislative d'interjeter appel de sa decision, la publication se faisant :
(i) soit sur le site Web de la municipalite,
(ii) soit dans un journal a grand tirage dans la municipalite;
b) it donne avis de la delivrance du permis de patrimoine au ministre charge de
I'application de la Loi sur la conservation du patrimoine.
28. Le paragraphe 11(4) de la version fran�aise est abroge.
29. L'article 13 est abroge.
30. L'article 14 de la version fran�aise est abroge et les articles 15 a 17 de la version fran�aise
sont renumerotes 14 a 16.
31. L'article 16 est abroge et remplace par ce qui suit :
« 16(1) Le present arrete n'a aucune incidence sur la demolition d'un batiment effectuee
en application d'un avis delivre en vertu du paragraphe 190.01(2) ou de I'article 190.041 de la
Loi sur les municipalites, L.R.N.-B. 1973, ch. M-22.
16(2) Le present arrete n'a aucune incidence sur la demolition d'un batiment effectuee en
vertu de I'alinea 190.04(1)b) ou du paragraphe 190.041(3) de la Loi sur les municipalites,
L.R.N.-B. 1973, ch. M-22.
32. L'article qui suit est insere immediatement apres I'article 16, la rubrique etant en caracteres
gras :
111
« Droits
17 Les droits de demande prescrits par le present arrete sont enumeres a I'annexe "J".
33. L'annexe «J » est ajoutee immediatement apres I'annexe « I », sur sa propre page.
34. Toutes les occurrences de « certificat » et de « certificat de conformite », avec ou sans
majuscules, dans le present arrete sont supprimees et remplacees par « permis de
patrimoine ».
35. Toutes les occurrences de « conseil d'amenagement du patrimoine », « conseil
d'amenagement » ou « conseil », avec ou sans majuscules, dans le present arrete sont
supprimees et remplacees par « comite ».
36. Toutes les occurrences de « secretaire » ou « secretaire du conseil », avec ou sans
majuscules, dans le present arrete sont supprimees et remplacees par « agent du patrimoine ».
EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete
le , avec les signatures suivantes :
Mayor/Maire
Common Clerk/Greffier communal
Premiere lecture
Deuxieme lecture
Troisieme lecture
Annexe c J n : Droits
Les droits de demande mentionnes dans le present arrete sont les suivants :
Amenagements comportant des travaux
1000$
de demolition, d'enlevement ou de
deplacement vises a I'article 10.
Autres amenagements
Gratuit
MCI
,,SA NT JOHN
February 14, 2017
Your Worship Don Darling and
Members of Common Council
Re: Amendments to Heritage Conservation Areas By -Law
At our meeting of January 18th, 2017, members of the Heritage Development Board reviewed the
proposed amendments to the Saint John Heritage Conservation Areas By -Law to update several
sections of the by-law. During the fall of 2016, the Heritage Development Board initiated the
changes and staff developed a set of recommended by-law amendments that will enhance the
Heritage Service.
The proposed changes are customer -focused but will also provide clarity and efficiency to the
application process for the Board and staff. The major shift for the Board is the reduction of
regular meetings to once per month, while some heritage permit applications (approximately
65%) are dealt with in -office. The Act allows for the Board to designate the City's Heritage
Officer to approve heritage permit applications that meet the standards in the by-law. This will
reduce `red -tape' for heritage property owners applying for building maintenance related work
and allow for the Board to focus on more complex applications. The Board and staff are working
together to establish a new process for heritage applicants that is clear and efficient.
The Heritage Development Board enthusiastically endorses all of the proposed amendments and
encourages Council to schedule a public hearing at on February 20th 2017.
Respectfully submitted,
Bob Boyce, Chair
Heritage Development Board
MEI
PROPOSED SAINT JOHN HERITAGE
CONSERVATION AREAS BY-LAW
AMENDMENTS
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider amending The Saint John Heritage
Conservation Areas By-law at its regular meeting
to be held in the Council Chamber on Monday,
February 20, 2017 at 6:30 p.m.:
PROJETS DE MODIFICATION DE
L'ARRETE CONCERNANT LES AIRES
DE CONSERVATION DU PATRIMOINE
DE SAINT JOHN
Par les pr&sentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John indique son intention d'&tudier la modification
suivante a Farr&& concernant les aires de
conservation du patrimoine de Saint John, lors de la
reunion ordinaire qui se tiendra dans la salle du
conseil le fundi 20 fevrier 2017 a 18 h 30 :
Amending several sections of the Heritage By-law Nous modifions plusieurs articles de 1'Arret& sur
to provide clarity and efficiency. les aires de conservation afire d'apporter plus de
This amendment will affect all properties
designated as being in a heritage conservation area
as defined by Schedules A through K inclusive, of
the Heritage Conservation Areas By -Law.
REASON FOR CHANGE:
Service enhancements and general changes to the
Heritage By-law.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Growth and Community
Development Services, City Hall, 15 Market
Square, Saint John, N.B. between the hours of 8:30
a.m. and 4:30 p.m., Monday through Friday,
inclusive, holidays excepted.
Written objections to the amendment may be sent
to the undersigned at City Hall.
If you require French services for a Common
Council meeting, please contact the office of the
Common Clerk.
Jonathan Taylor, Common Clerk
648-3703
clart& et de le rendre plus efficace.
Cette modification aura des repercussions sur
Coutes les propri&t&s designees comme une afire de
conservation du patrimoine, comme le d&finissent
les annexes A a K inclusivement, de 1'Arret& relatif
aux aires de conservation du patrimoine.
RAISON DE LA MODIFICATION:
Amelioration des services et modifications
g&n&rales de 1'Arret& sur les aires de conservation.
Toute personae int&ress&e pent examiner le projet
de modification au bureau du greffier communal ou
au bureau du service de la croissance et du
d&veloppement communautaire a 116tel de ville au
15, Market Square, Saint John, N. -B., entre 8 h 30
et 16 h 30 du lundi au vendredi, sauf les jours
f&ri&s.
Veuillez faire parvenir vos objections au projet de
modification par &crit a Fattention du soussign& a
l'hotel de ville.
Si vous avez besoin des services en fran�ais pour
une r&union de Conseil Communal, veuillez
contacter le bureau du greffier communal.
Jonathan Taylor, Greffier communal
648-3703
`R
Meeting Date I February 20, 2017
Deputy Mayor McAlary and Councillors,
Subject: NB Historical Society Letter re Saint John Court House
The Committee of the Whole recommends that Common Council adopt the following resolution:
"RESOLVED that Committee of the Whole having met on February 20, 2017, recommends that Common
Council adopt the following resolution:
That the NB Historical Society be thanked for its February 7, 2017 correspondence respecting the Saint John
County Court House and advised that this property will be considered in the course of the current search for
a suitable City Hall location."
Sincerely,
Don Darling
Mayor
(P4 -
SAINT JOHN
---- — I
P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1
"UMM
His Worship Mayor Don Darling
- and -
Members of Common Council
City of Saint John
15 Market Square
P.O. Box 1971
Saint John, New Brunswick
E2L 4L1
Dear Mayor Darling and Members of Council:
Re: Saint John County Court House
At the outset, we wish to summarize the purposes of this letter:
ER 8 21""�v
February 7, 2017
First, to remind you of the national significance and historic importance of the
County Court House, completed in 1829;
second, to highlight the terms of the Declaration of Trust dated January 5, 1826 (the
"1826 Trust") that require the County Court House to only be used for "... sittings
of all Courts oflustice-, the accommodation of ... Common Council of the [City of
Saint John] and for public City and County offices...
third, to review with you the 1981 property transactions under which the City:
(i) conveyed the County Court House to the Province by means of a Warranty
Deed (insisted upon by the Province at the time because of both the City and
the Province being aware of the existence of the 1826 Trust) - thereby
effectively committing the City to be fully responsible for any future legal or
title problems the Province may encounter with the property; and
(ii) took back from the Province a Right of First Refusal, entitling the City to
reacquire the property at the original sale price to the Province (being
$25,000); and
Please send response to:
John P. Barry, DNB, Q.C., I Germain Street, Suite 1500, Saint John, New Brunswick E2L *18
n Street, Saint John, N.B. Canada E21, IA3 30 Telephone (506) 652-3590 1
117 LOYALIST HOUSE
fourth, given the above, to respectfully request that Common Council give serious
consideration to reacquiring the County Court House for what would be a very
nominal amount of $25,000 or potentially less, recognizing that a large portion of
the original County Court House lands were recently sold by the Province to an
Irving Oil affiliate, with the City's permission, in June, 2016.
This would result in the City acquiring, for a nominal amount, one of Canada's oldest and
most significant historic public buildings. In doing so, the City would choose as its new City
Hall premises a public building that not only served as its past City Hall, but that truly
represents what is best and most unique about Canada's oldest incorporated city. The
Court House would also serve as a tangible symbol of the City's commitment to its history
and heritage - among the City's greatest assets in attracting and retaining residents and
visitors alike. It would also avoid legal or other costs associated with the City being
required to honour its warranty to the Province, while at the same time honoring the terms
of the 1826 Trust imposed on the property by Common Council's predecessors in office,
namely, The Mayor, Aldermen and Commonalty of the City ofSaint john.
By way of background,, on February 8, 2016 then Mayor Norton and then Members of
Council refused an offer from the Province to purchase the County Court House property,, It
was incorrectly reported in the press that the price offered by the province was $1.00, but
Councillor (now Deputy -Mayor) Shirley McAlary later reported that the Province was
seeking market value, equaling close to $500,000. To change her mind, Councillor McAlary
said the Province would have to offer the County Court House to the City for "close to free".
Franklin 0. Leger, QC and John P. Barry, QC, with the Saint John Law Society's support,
wrote the Mayor and Common Council last February 17, 2016, A copy of the letter and its
enclosures was also sent to the Minister of Transportation and Infrastructure. In that letter,
Messrs. Leger and Barry provided Council with a copy of the 1.826 Trust and with a detailed
Memorandum on the continuing legal validity of the 1.826 Trust and the heritage and
historic significance of the County Court House, The letter was referred to the City
Solicitor's Office for follow-up, but to date, despite several enquiries by Messrs. Leger and
Barry, no response has been forthcoming from the City.
Shortly after the letter was sent to the City, the New Brunswick Historical Society became
involved in this matter, acting through a committee presently composed of the President of
the Society, Kathy Wilson, Caterina Corazza, Michael Wennberg, Mr. Leger and Mr. Barry,
the latter acting as Chair of the Committee.
The County Court House
Of the almost 400 buildings and monuments located in the City of Saint John that are
registered with the federal Historic Places Register, the County Court House - as a National
Historic Site - is one of the oldest and most important. it comprises a three-storey, stone
2
118
building designed by architect John Cunningham and built by Robert Barbour between
1.826 and 1829 in the Neoclassical style. The Court House is set on high ground on a corner
lot. Across the street are the Loyalist Burial Grounds and King"s Square, both National
Historic Sites. Abutting the Court douse on its south side is No. 2 Engine House, built in
1841, a Provincially -designated historic site. On the south side of King's Square is the
Imperial Theatre, also designated a National Historic Site.
The County Court House was designated a National Historic Site in 1974 because it is
representative of the judicial institution in New Brunswick; and, with its conscious
arrangement of classical details, the building creates an impression of order and grandeur.
It was built to provide courtrooms and office space for the Supreme Court and to contain a
Council Chamber and offices for the City's Common Council.
In its materials, form, composition and detailing, the Court House is typical of early -19th -
century, British, public buildings in Canada. Its late Georgian neoclassical style imparts an
air of sobriety and sophistication appropriate to its role as both a court house and
municipal offices. The Court House is distinguished by its free-standing, circular, interior
staircase, with cantilevered stone steps rising three storeys in height without other means
of support. Originally designed by local architect John Cunningham, the Court House was
renovated in 1,924 under the supervision of architect Garnet Wilson, following a
devastating 1919 fire.
Key elements which relate to the heritage value of the County Court House include:
• its Neoclassically inspired design, including; the rectangular massing with low-pitched, hipped roof, the
balanced, symmetrical composition with regularly placed openings, and classical detailing;
• the seven -bay, three-storey facade with slightly projecting, three -bay central pavilion with its classical
detailing, including giant fluted pilasters supporting an entablature and pediment, its multi -pane double -hung
windows in reducing size and with relieving arches on the ground storey;
• exterior detailing added in 4924, including the round -arched entrance door; and the small central lantern;
• its high quality stone exterior, built of cut, squared stone with rusticated ground storey;
• the interior, circular stone staircase, with its three-storey height, freestanding;, cantilevered design, and
wrought -iron railing in a Neoclassical geometrical pattern;
• surviving interior detailing dating to the 1.924 restoration, including marble floor and wainscotting in the
lobby, heavily moulded door and window trim, and giant pilasters; and
• its setting beside other 19th -century buildings and Facing King's Square.
Photographs of the County Court House exterior, and its famous self-supporting
spiral staircase, are included with this letter.
The 1826 Trust
One of the tasks of our Committee was to confirm the authenticity of the 1826 'frust and
determine whether the City and the Province recognized that it created binding obligations.
3
119
There can be no doubt that the original 1826 Trust exists and that it is in the possession of
the City. A copy of the original 1326 Trust was forwarded by the City Solicitor's Office to
Mr. Leger on July 7, 2006, in response to a request made by him.
In order to trace any dealings with the 1826 Trust by the City and the Province, Ms. Corazza
wrote to both bodies pursuant to the dight to Information and Privacy Act (New
Brunswick), with the following request:
Records pertaining to the Saint john County Courthouse and attached properties on Sydney St, including and leading
up to conveyances in 1966 and 1981, namely all correspondence and negotiations, Also requesting records
pertaining to any other agreements from 1960 to the present day between the City of•Samtjohn (or its predecessor)
and any other parties including the province of iVew Brunswick. Further requesting documentation showing the
amount paid for the properties, and the price at which the City of Saint john would exercise any right of first refusal,
Some valuable information was received from the City pursuant to this request! however,
the response from the Minister of Transportation and Infrastructure, Bill Fraser, proved
even more fruitful.
Attached as Appendix A, and marked (a) to (h) inclusive, are various relevant documents
provided to us by the Department of Transportation and Infrastructure. We have
highlighted significant portions of the attached documents in yellow. We also note that
some names and other matters were expunged. The following is a brief description of each
document:
(a) Memorandum from the Department of the Attorney General (H,W, Hickman, Q.C.) to R. Palmer', Deputy Minister of
Public Works, dated November 2, 1967, which related to the assessment on, inter alia, the County Court [douse. In
this memorandum, the provincial government recognized the existence of the 1826 Trust and that it fettered
the title to the County Court House property.
(b) Letter from G. Stewart Baker of Baker & Foley to L.G. Trail ("Mr. Trail"), Property Management Director, Dept. of
Supply and Services, dated August 22, 1980, reporting on title to the County Court House property. The letter
references item (a) above and that Mr. Baker concluded that he couldn't issue his certificate of title without
reviewing the instrument creating the 1826 Trust.
(c) Merno from Mr. Trail to [expunged] stating that because of the 1826 Trust, [expunged] will not certify title, although
he feels that title is vested. in the City.
(d) Memo from Paul H. Blanchet ("Mr. Blanchet"), Dept. of Justice to Mr, "Frail dated September 15, 1980, responding to
Mr. Trail's memo and Mr. Baker's letter, pointing out that, with respect to the 1826'rrust, "if a trust deed does affect
the title to this land, that the Crown has obviously had knowledge of it at one time or another".
(e) Memo from Mr. Trail to File dated October 29, 1980, re possible warranty deed from the City because of the trust
deed.
(f) Memo from Mr. Blanchet to Mr. Trail dated October 34, 1980 confirming that the Province has notice of the 1826
Trust and that it would be bound by it if ever found.
(g) letter from the Offices of the Attorney General to [expunged, but likely to Stewart Baker because of the stated
address] dated. November 6, 1980, confirming that the Province has notice of any declaration of trust, copy to Mr,
Trail,
(h) letter from Mr. "frail to the City of Saint John dated November 14, 1.980, confirming to the City the existence of the
1826 Trust.
4
`we]
The 1981 Property Transaction
Warranty Deed: The County Court House property, as well as the Gael and Registry Office
sites were conveyed as Lot 80-1 by the City to the Province by Warranty Deed dated March
31, 1981 and registered on April 24, 1981 as Number 295460. Clearly, the warranty of title
was given by the City because the individuals involved in that transaction could not locate
the 1826 Trust. It is also obvious the City and the Province recognized the existence of the
1826 Trust and regarded it as a fetter on the title. A copy of the deed is attached as
Appendix B.
Statement of Adjustments: Attached as Appendix C is a copy of the Statement of
Adjustments agreed to by the parties to the transaction (copy received by us from the City).
The stated purchase price was $25,000 plus adjustments.
Right of First Refusal: Accompanying the above Warranty Deed was a Right of First
Refusal Agreement granted by the Province, to the City. A copy of the Right of First Refusal
Agreement is attached as Appendix D.
In June 2016 the Right of First Refusal Agreement was released by the City with respect to
that portion of the lands identified by PID 9738, being the parcel transferred by the
Province to 685502 N.B. Ltd. However, it continues to apply to the County Court House
property, now identified as Lot 2014-1 (PID 55224539).
Pursuant to section 1 of the Right of First Refusal Agreement, if the Province decided to sell
the property and received a bonafide offer, or decided not to proceed with construction of
a public work (the Province's plan in 1980 was to build an expanded court house facility on
the site - later cancelled by the McKenna government), then the City had the right to
reacquire the property for $25,000.
We assume that the actual purchase price payable by the City to the Province in 2.017
should be significantly Less than $25,000, given that a large portion of the original parcel
was sold in June 2016 to 685502 N.B. Ltd. when the City released its rights against that
large portion.
Conclusions
Upon the basis of the further investigations we have undertaken, we would summarize our
conclusions as follows:
® The 1826 Trust is a valid and binding trust, recognized as such by both the City and
the Province. Its termination or revision can only be effected by Provincial legislation if
the uses to which the property is to be put are, to be broadened or changed.
• Pursuant to the Warranty Deed, any costs associated with successful - or
unsuccessful - efforts to alter the 1826 Trust would be borne by the City.
5
121
If the provisions of Paragraph 1 of the Right of First Refusal Agreement are invoked, the
City has the opportunity to acquire the County Court House (including the lands to
the rear of the building, all comprising .Lot 2014-1) for a nominal sum.
The New Brunswick Historical Society is strongly of the view that the heritage value
and. significance of the County Court House cannot be overemphasized. In importance,
we would submit that it ranks with the City Market and the City's public squares, whose
perpetual existence was preserved in the City's charter. The execution of the 1826 Trust
was a solemn act of the day and should not be taken lightly, even 1.90 years later. We
almost lost the building in the devastating fire of 1919, but the citizens of Saint John, in
that generation, along with the Board of Trade and the New Brunswick Historical
Society, rallied together and saved the structure for future generations.
If the City itself was reluctant: to take on needed renovations and a (likely) needed rear
addition to the building„ there are a number of architects and property developers in the
City of Saint John, and elsewhere, who have demonstrated a very clear and very successful
understanding of heritage building restoration. In those circumstances, the City could
readily structure a development in which it passed ownership of the building on to a
developer (at a price close to the price the City paid) and then become a long-term tenant,
at a rental cost consistent with its expressed wishes in the responses it recently received.
from its Request for Proposals to real estate brokers.
Having the County Court House become the City's new formal home would send a clear
message to businesses, residents and visitors alike - that the City takes seriously a
commitment to preserving - and effectively using - Saint John's heritage properties. And
what a tribute that would be to the City's ancestors buried in the nearby Loyalist Burial
Ground, a cemetery that so appropriately exemplifies what heritage is all about. Moreover,
a return to one of the original purposes of the County Court House would mean that the
1826 Trust could continue to be honored with no need for revision or the invocation of
warranty obligations.
We ask you to consider our requests, and we would appreciate the opportunity to
appear before Common Council to more fully explore them.
Sincerely,
w
Attachments: Appendices A to D
Photographs of County Court House
cc Bill Fraser, Minister of Transportation and Infrastructure
Ed Doherty, Minister of Service New Brunswick
Jack Keir, Director of Issues Management, Province of New Brunswick
Jeff Trail, City Manager
I
`A
Appendix A
See the attached items (a) to (h), inclusive.
`P491
r -% afisuvaNI,; QVI a IRI Ae,N,WPLA
DPP, 'I NT OF THE ATTORNEY GEN:
MEMORANDUM
FROM liw W. Hickman, Q.C. November, 2nd, 1&67
TO lt. Palmer raae
Deputy Minister
comes 70 Dept, of Public Works sus.acar Saint John County Court
(Buildings) house - County Gaol. -
Re-,gi.sta*y Office
..... ...,... .,... , ».., o mmr�.cw¢✓ uw✓'m'wm.m'ua::+rw.w.nmmwumrv'uL^.1 'muvAYAUY^�. uG'N"u'.MMtlAVl4UMiMNA1 i xvvl�Vwv vuNW�'' �V'Miwurvfbu v.wurnillulWd
The status of these buildings with respect
to ownership is not too clear.
Under Section 192 of the Municipalities Act,
Chapter top Acts 19616, all property of whatever kind and
wherever situated owned by municipalities under the
Counties Act, Chapter 44 of the, k�evised Statutes, 1952,
is vested in the Crown in right of the Province re-
presented by the Minister.,
Under a;he Assessment Act, these n;.hree properties
wore assessed, against the city of Saint John along with a
number of other buildings owned by Lhe City.
The City of Saint John gave notice of reference
of assessment to the Minister disputing their liability
for assessment with r,aspect to those three buildings.
The reasons set forth in the noti.cxs,are as follows;
jrjIL1raxr° hhj, I Zffa, tr �gCi y, e C
l . y b Doe d u£ i`a,uat date
St , , a�.r ul,earaad t eat tjxe� bu 6jdin shell
�r� used forw � all Cqu:rts of justice and
necessary offices for Cotanjwyr offiiaers aid a accunxtro>iation of
tlaaComyz ea°a Council, awnj f`oa• no aatlwor use;. At preaent the
uses listed are using carried on in the building by the
provinces of Now Brunswick and the owner within the context
of the Deed of Trust;, and for asseasrnent purpases should
be the Province of Ne,ee Brunswick,,
2..Cc,un�. Garai Section 3 of An fact to Amtnd the
Gnal Act, 1955, Chapter 50, provxedos in part aar C0310ws.
eeilie buildings and pr^°entlees whI ch are used iax t"o
saver^al counties of the Pru""' as counLy gaols shall.
. . ,be continued as gaols and the respective coarnt.ies shall.
pay for the anai.ntanance of such gtaols, �A7w
Under tho Muaici.palities Act County functions wreraa
assuwad by the Province. For this reason the property should
be assessed in the name of the Province.
DEME
70
rnov4kct up, MAW WOUNaWMIC ti
0EPi,.trmEN,r OF THE ArrORNLY GEN1, AL-
MWIFUMVERM
riLr-
SUBJECT
2
3 I(egistry Offico -.'the Registry Office was formerly
a CQuniy V—uiiction and ha—P now been assumed by the Province.
This property should also be assessed in the name of the
Province, Le -Zi4
Conclusion That the asstssments be reduced, by
the am untJi —reprasea7ting tho three buildings above de scribed,
Undor the Charter incorporating the City of Saint
John, it was expressly ordained that the Court Mouse sand
Gael for the City and County of Saint John should be
located in the City of Saint John. Consequently, when the
Justices of the General Sessions were authorized by Act of
the Legislature to levy monies for the purpose of building
• court house they applied to the City Council to designate
• site for this building,, This was done and the building
erected on that site, and the City of Saint John. appears to
have contributed f,1000 toward tile cost of erecting this
building over and above & he alqount authorized to be levied
by the, Justices of the Peace. No deed of con-veyance Wat;
given of the aii;e on which the builddiip ware--, btiilt; however,
the City (L -)f Saint John executed a 'De'ud Of Trutit Which id
referred to in ground No. .1 above cited, In the end result
tile City of Saint John ha,'Ve the legal titl:otc—tfi-6-71—and 6n
which the building6 are located and therorure� would , d —appear
to be the legal owners of the buildings and thus 11'ibrb-t6
assessment.
The situation witli ret3pact- to the goals and
Registry Office is also aontewhxt cloudy. However, thare
is this in o4vinnion with raspect to all properties - the
Province is the one enjoying the bunefits from their use,
and their operation and maintenance is a responsibility
undertaken by tho Province under our now Legislation.
It would seem entirely LnLquitable to expert the City of
`P491
FROM
TO
CONY -5 TO
pariv4mri OP kEw OKWkOwsaa " -
S—EP' INT OF THE A'r'rORNE:Y GM AL.
mama=
DATZ 19;
TILK
guajzcT
Saint John to pay taxes with respect to these buildings
under these conditions,,
To solve the situation, I put forward a sufggest-
ion that the City and the Province might enter into an
agreement concerning the cost of maintenance and control
of these buildings and as ova of tho conditions the Province
undertake to assume any real property tax assasnad against
these buildings. This would not sottle the question of
Ownership; however, if this were done the City would with-
draw its Votice of Roferral and this would give us time to
consider what action should be taken.
Ab, a matter of luterost, to yoa I idonut think, that
the title to the Court flcu&a property Gin j,7aItJCUl,,kr' QOLI�jd
be 4�,etticd tihort oV Logialation in view of the fact that it
is fettor-od with a declaration of Gv4ot, which cannons be
altorcd except With the consont of the justicas of the Peace
of th* General Sessions Or tltmir the successors
t)t,_jr)g, thea CoIjilty Coti.aci I is which have now been abolishod.
(Section 11.3 oe the Countie-a Act).
I suggest you might clear this procedure with the
ministarp involved (Finance, Municipal, Affairs) and -he"
proparaa draft of mgreezent between the Province and the
City of Saint Cohn which of course would have to be app'rovod
by the City of Saint John, I diacufised this 51,19aestiou
w,JLJI the City Solicitov, and I thicik has would certainly
support this succustion.
HWH/rIak
i PU
D, WYCWAXT N49M NA LLL.
04LPH n. paLry, V,A_ Lt_u
RICHARD A. NCATq"QP, VI,A., W 0.
DepartMent of Supply
P. 0. Box 6000
Fredericton, N. B.
E3B 5HI
BARRISTERS & SOLICtT�ORS
August 22, 1980
and Services
Attention; Mr. 1,. G. Trail
6 MAIN SP%rcT wtoy
GAINT JOHN, N. M
rAhADA6
P. Q. max sees
SITAVURl 12, K::M AYO,
Tut- (Ace) &7&. 1 Ida
RE: Saint Joh. LL�l��It -,Court House 1_0 asst
On the instructions contained in your letter of May
1$, 1980 we have conducted a title search of the property located
on King Street East in Saint John and abown colored red and green
on the plan which accompanied your letter and which is enclosed
herewith and marked "A".
AS Well aS searching the rievords at the SaLnf ac)hn
Count,y liegistry Office, thce.,, rec,ardg, and documents on file Ln the
the Saint john u.jty nolicitor's office and
tlj(r° cc, lorm ere also
.t1,11oa C�I.erj,� I o office were examiaed. Discast, , w
held with Mr. ' (', formearly of the Vepax.'T',.ment of the
Attcrnay-Genera�L, 211(�} former Saint Jobst County
Sperotaxy, and ''10) of Hughes Surveya,
instead of providing an Abstract of 'Title in this in-
stance, we are, taking the liberty of reporting our opinion on
title in letter forma simply because of the unusually small number
of transactions which have taken place with respect to this parcel
of land. Those transactions are listed and discussed below.
1. Vnz entire parce"I in question was acq'Ldred by the city
of Saint. Juijjj tjjrouqh the Cha rLer, c)E the CLLY Of Saint
john in 1,785. That chartcr ("Jranterj to the City titlo
to zill lands within its boundary excispt 'IC)t5 Pl;eviouslY
qranLeid to private pe:,-zoao undOr the Great Seal a�f N!,:)Va
Sciut-ia or New Brunswick". Enclosed herawith and mia.rked
to copy of as plar, of Parr -Town dated 1783 witich
'rL,jr, tho paxcel in question lying eOl!L Of Kj.P9 S(Vwre
anci marked 1-ty the letter `"W'® AS Indicuted (In the PlAn
this w4:Lq ,,, lot-, and had not teen grantud, to a
p7,jvati� porSon lariat LU LhQ date of Ciiartar.
......,/2
MAN
AAKV,R � PQLXY PA@c 2
2. Llnclosed with your leiter of instruct -',Lo aca *"�I'S S
me=ranr.hm% dated November 2, 1i)(0' "roLIA
Q.C_ 11:o P_ P�%Lrler' Deputy Winister, u
Pub Ii c Woi k.n , "T haat mentorandum contained rnference
to title to the subject property and dealt at, some
length with a%)r,ied of 1r°ust dated Jnnuary 5, 1,826" in
whic�fi the City purpor tout ly decdare�ti that the Court
Hoose b,.ilding was to be osed for tk%a, uittincji, of all
Coarts of Justice and necousary offices for County
offiaeu and acoomodation of tho Cowman Council and
fnr no other, uoe. ' ', I a`�Lazzed on page 3 of
"As a >niatt4ar of intarest to you, I doaltz
ti-Onk tliat the tit.1a, to the Court House proporty in
particular could be sattlod short irf llegiz-,Iation in view
of t -he fact that it is fattered with as (lea laration of
trust which rzannot be altorcd exoept A_Q'i tha congent Of
the Jtintiran of thc Peace of the Goneral Se!�sions or
their successors; - the succauSIOVS, being i�he county
Councils which leave now beeT�t abolivherl. (Section 113
of thea Counties Despite extene,-Lve ncarcbezr of -
this records at the lcations 9rtei�jtic.)nQd abuvu, we were
Unab , le to 10QaLo t.hL, of in qa,aceLioli. 'i'llio
matter will be discussed morc �-uly in the concluding
paragraphs of this letter.
3. The first ducLuient affecting title to this property
registered in the Registry office is as deed from the
Municipality of the Couaty of Saint John to the City
of Saint John dated the 28th day of November, 1966 (see
enclosure marked "C"). The Ix-opprty therein conveyed is
shown outlined in red oa tlic, plan enclosed and marked
"D".
The only other docuinent registered in the Registry office
which affects the title to the property in question is a
lease from the City of Saint John to Her Majesty the
Queen, in Right of the Province of New Brunswick as re-
presented by the Minster of Supply and Services dated the
26t1i of January, 1.978 (see copy enclosed and markpd "E").
Thin, 6ocumcnt leases to the Province the County Gael,
County Court House and Registry Office building only.
Since the terms of the lease are known to you, I will not
comment on it further.
Based on the above, it is our opinion that freehold title
to the parcels colored on the plan marked "A" isvestedin the City
of Saint aohn subject to the lease to the Provinco of Now Drunnwick
referred to &hove and further subject to the terms and conditions
of the Trust created by the Deed of Trust reterred to in paragraph
,2 above. it will. be necensuxy, of course, fur the City to take the
appropriate steps under the Streets Closing By --Law to close that
portion of the property presently forining, a part of Ning Street East.
....../3
W-13
3
It is passiblas 'chat the Trust croatf,,.d Ly the trust dood was
discharged L)y LPie 196f; dead from the County to the City, how-
ever, if tk;c baxaeficiaxj.ea of the 'trust: wcrc� in cffoct than
public than the 10168 dcaad would not, naive been sufficient to
disrrlIarqe the Trust. Ennaever, without 1ui<owin,,j the exact tarma
of the TrUPt, it- i.S DTIPOSGible to state whother or net the Trust
is still in existence. It is also posNible� Oat no problem will
ba encountered as long as the buildings cos;tinucd to be.used as
Justice Buildings. I have b(�wcn advised by qtr. of
thi,,, Depart.,nant of -71U-stioe ttoato attempts w,-11. be me.6e to locate
the rk�o.d C'f "Pros"; �n the wtustice Dopar 3.,tnit�nt's files. Until that
docupler.i. and ti -he Lernils of the trust, are ltniw,n'l by U5, we are
'onzl1"r'Le to provide a Corti-r-l"cate 0-1"Ltle,
We trust that our opinion is satisfacctOry to you and
that you will advise was if a copy of the Deed of TruAt is l,ocated
and if we can be of further assistance to you. even though the
document in unregistered we have notice of it and we must, there-
fore, deal with it. Wother or not further hi�tion concerning it
must bcj 'taken is obviotsly depeiideni: on the wording (�f the Trust
created by the document.
GSB/bw
Lncs
Yours very truly,
i WO -1
StWply and Servitor 67-002
Title Saarcli - Saint Jobe Court Uouae - JaU Covlg=
We he today received a atter tm 2°ilj the solicitor
angaged to carry crit a title adareb an the Saint John Court House -
Jail property vhich is b4iag purcbmad by, the Prorinea.
I understend that - � 1), hAs "Pu it touch vfth you 'reprd-
Ina a 'rrut Ned to the County dated January 5, 1624. Vecatzza of
&JO 'reimt .1 1, vill 310C csrtify title, Although ho f&elo
that tltle is VftatLl in (110- City.
I am wiclooJr-q beravith for your parmal lottar end
actuchrentz, as veil an as wpy of thim mew Airitteri by U."L aiaA=
which rofard to ti,!� Tmt Dead's ax"Utea",
lie se advise " to Omther, In your opinion, 4ye ahrAild be
caaccrup-1 AbOUL this gamoing Ddod, or whtthcr It rda, ad ,I i
suggestA in the &econJ Int paragraph of him letter, d1jacILargod by
thaw 1966 deAd from Ux, Co%a=ty' to tiro City.
naaaa raturn tba enclosed' natenial vhen you bav* cmVleted
your RtUAY Of it.
RM
-------
L 1
44--
.- G-., Trail
I
`[till
a
Inter - Office Aeaio
Note
Int ices
Dep gat 0i; Justice
Minh4m
Toa L. Glendon Trail
A. Dept. of Supply and Services
Ycwr Flia No: 67-002
Vow rk-,
,Our FiN No-,
Not" r4f..
VALW' September 15, 1980
rflXM, Paul H. Blazicbet So Tolvollo'" 233D Govivs Toi Joan Moore
Dc I I, ci tar larhu- cap4o'k.
Title Search - Saint John Court House Tail Complex
Thank you for your menorandum of August 27, 1980.
1 have looked through your zemorand=,, letter,
and, the attachments. Mr, Baker has mentioned talking to we
and he is correct where he says that I did say I would try
to find any file that we heive on the Deed of Trust mentioned
in < 1, y, memorandtna.
I &m having a, search made of our central files, to
see if anyone can turn up this trust deed. If it cannot
be turned yap, then we will be in the strange position of
having as reservation on title made by :'10 with Zespect
to a trust deed, the eowtenLU of which are apparently are
unknown. The trust deed has never been ret jJstered,
has as point: when he says that we are siow aware of its
existence and inuat deal with it. I am having a bit of
difficulty, however, with the concept that we must accept
as a reservation on title the unknown contents of a trust
deed none of us has seen. I do, however, sympathize with
Mr. Baker, and acknowledge that if a trust dead does
affect the title to this land, that the Crown has obviously
had knowledge of it at one time or another.
We will contioue with our search and I will advise
you as soon as I can report to you on the resulLu thereof,
/js
Thank you for your patience,
"" 1
131
BE
Inter -Office rvierno
Note Interservices
Deportment Of
wnlsAta Supply and Services
From:
DO:
To:
A -. File
Your File No,
VQtTV 10
our Fite No"
N.rr, rate. 67-002
DIN, October 29, 1980
Quplloi To:
COP61 1:
su*ct: 4equisition. of the Courthouse, , Jail Pula Registry Office in the City of Saint Joba
lo
. . ........
W mouring was held with 21115 yesterday ragardIng the possible
cloning of this tr,uisaction with the City of Saint John on or before
Dvewabor 1, 1980.
To date our solicritior faalm not beev; tables to certify title and It was
suggested to vul- solieltor chnt �o has able co inqutro" of the City of
Snhic john tha chancea of them provid(n8 the Province wich a Wnrranty
Dared for rho, land In quoiu� ivn. In tjie mp.antignL , " 1, 1 W, 11
be back to u%xr voliel.Lo:r virh rogardu to vo.TL'Ifying title an to what
to on record and not, vo what p&rtaing to the 'fruat LV, -ed Tohlcth In not
ragiatered and which oppvui'4 on the Governoent recordt"s Wlcj only),
ContaC.t waaara a�Ajkjo
_� wjt4j ttae CI Matager of the, ULY Of SdIU John today
at Vjjjeh tl,,,re I ag'kerj whether tine iGity t,cljjd be prep&rL8 to iSSUC
the Provii-ice a WarrariLy Deed VbVrktin WOL COUld thea Close the trans-
actian, at an early date.
Also in talking with 2111f I advised that the Province was
in the process of a land saaambly of Leittater' Street and that Ono of
our agents had made contact with their Real Estate Department regard-
ing the Iron Duke Property, parcel inumbeT 4 (Lot 110). Our agent
was advised by their people that the Leaseea were in default of choir
lease and if thay paid the outstanding rentals and came Out of default
thay would then have title to the property for an additional 6 your
period.
I requested of 21 1 i that the, Province be given first refusal
of this property such that it would tie to with the remaining lands
that we are acquiring for the Justice CoUplex. lie subsequently advised
that he would be back with a reply on both matters at the earliest
possible date (and of this week), I subsequently advised that with
regards to the Iran Duke property that whereas a portion of the improve-
ment is constructed with brick it would be alloyed Lo re"in in place
such that it would not change the overall features of this historic
area»
LGI/Ilh
119%
1, . G. Trail
(e)
(f)
friter - Off ICID "Iento
Note Interservi CIO$ Y04r F" No:
Votri rif-
Oww'" in I of,
fot�pi,a,, Justice 'Ovr FIN NcL: 149-96S-00
Noire rii.;
To
&� L.G. Trail
Ftm: Dept. Of SUPP1Y and Servicas bvft-� October 30, 1980
744pMono
oc Paul H. 'Blartchat 1`44hon. Cap4j TVI
SOW@= Solicitor 2 3`30
Llit ac) ddarr
e
d , i a J
On 00LOber 28, 1980 yca and
of diRcussing t1118 IT,attez, �r met for tile purpose
I 4ave hod a search conducted
of C"tral rileg and h4VC failed
trunt deed meritionfAd in 21(1) tO tu,r'" I;P a copy of the
Memorandum. I have
0130 called but bave uoL bcan &ble to find
a COa
PY g the riesult of th,l,* (-
�011V(
.�. r,.�
'n.
21:11)1t would sc= from the search of title done by Mr.
that this property has always been subject to
public use, even a!j far back as the original plot plan
Lor the City of Saint Sohn, According to
Memorandum, it was owned by the Judges of the Cenexal
5camiO'1w0, and later by the County council.
to 2 1 "" 0 According
search, the municipality of the County of
Saint.John tr&nsferred its interest to the city of Saint
John by a Deed dated November 28, 1966. Any interest
hold by the COU'ItY Council which was not Conveyed by this
Deed would have PABBOd to the Province under the :funiciP41ities
Act As Part of the PZU92:dni of equal opportunity. It therefore seems
t1lat since there are now only two levels Of 91OVeriment in
the Province whatever interest in this land is not owned
by the City of Saint John, must he owned by the Province
of New Bruzowick through the Minister of Municipal Affairs.
One would think, therefore,
the City of Saint Sohn would Haat all We should require from
and we could be 4 Deed to this Property
then get 4 transfer Of the administration and
control to your Rinister from the Minister of. Municipal
Affairs of any interest in the property held by the Minister
Of Runicipal. Affairs.
I understand that you have been requested to resolve
this matter within the coming month. It would seem that
any Deed from the City Of Saint JOhn would probably
be sufficient for our purposes, We decided that YOU would
119191
Page 2
attempt to ubtain a Warranty Deed from the City, on the
basis that cher e are no third partyqwnera and that there-
fore all a Warranty Deed would meanAthat the City would
take any steps necessary in the future to perfect its
conveyance to the Province. It is unlikely that any
such steps will be necessary.
I am attempting to contract. '`Oi with respect
to his Cartificate of Title. I mm going to request him
to certify title to Ila basr-d on his aeurch of public
records. We do iiat require his assistonce with respect
to thsintrarr.pret�',.ttig,)n of amy Deel of Trost which may
repoee In the files of the Provinaial Goverament, aILhough
we an than Provincial Government, of course, hziva notice
of as Trust Deed, and would be bound by it .i—f it should
G-var be foullid,
I feel that a Certificate based on
what he has found in his se&rch of the peb"ic records
will be sufficient for your purposes. I base this on the
above mentioned conclusion that there are no interests
in this property which are not held by public authority -
either provincial or municipal.
I therefore do not see &ny reason why -this cloalng
cLmnot take place within the tliie constraint you have been
given. I will keep you advised of the result of my
search for the Deed of Trust, and of my discussion with
DOE
IN
OFFICE OF THE ATTORNEY r- M IN' W PROCUREUR GENERAL
, ck,
H4W ft"U'48WICK
Your File 140. /V0144 61 -
Centennial Building
P.O. BOX 6000
Fredericton, N,B.
E313 SSI
November 6, 19BO
21� 1)
Station E
Saint John, N.B.
BM4Y2
211,
Dear Six:
Re - Sai at John County Court Hous 9 iK22e
I have read with great interest your letter dated
Auguat 22, 1980 addressed to the Department of Supply
and Services to the attention of Ns. L.G. Trail. I have
also read the memorandum of r dated
November 2, 1.967 on the above mentioned subject, and
in particular, his, comment on page 3 of his memorandum
which is quoted at page 2, paragraph 2 of your letter.
I have mada as number of inquirias respectinq the
"Dealaration Wf:' '2ruat" inenLioned by L"W" a n d
frankly, I aL this point-, despair r'yf aver finch -mg it-.
It does seem to me, however, that based on your
letter and upon 21Jmemorandum, tie land
in question has always been owned by a public body,
and that therefore any interest ira this property not
owned by Ule City MUBIL be owned by the Province itself,
either in its own zight, or as successor to the County
Councils. T do not think that « commt�nta
with respect to the dec2aration trust load to any
other conclusion. I have tbierrul-cre recoinzended to the
119191
Page 2
Department of Supply and service a that they proceed with
their plans to obtain a Deed from the City of Saint aohn
to thin property. Once the Province has obtained its.
Dead from the City, it would seem to me Lbat the Province
would own the full title to this land. Certainly, nothing
,that I have seen on the subject seems to indicate that any
third parties of any kind might have a claim to, or an
encumbrance upon this land.
The Frovince of New Brunswick dues, of course, have, notice
of any declaration of trust which has ever beam in its
possessloa. In the event that stich a dacUtllerlt $hauld come
to light, tAle Provlt4ce would have to recagn"ize luck intereut.s.
Our corraspoadence wUi you, for exwr'ple' - partIculazly
t:'he copy of �Ili rremorandum which was senfto you,
jxjcji(-ate that tfie Province has nc:.ice of an declar."ation of
trust of some kind.
We would therefore request that once a Deed from the City
to the Province has been prepared and registered, you provide
us with a Ce=rtificate of Title clearly refereDcad to the
public records you have senrched. I would hope that such
a Certificate would not have to mention & declaration of
trust not referred to in public records and which you have
not seen. Please advise tae if there is any rea2on why this
cannot be done.
I will ask Mr. Tr&il to contact you with respect to how
he wishes to close this transaction and register the Deed,
You will then be aware of when your Certificate of Title
can be prepared.
I trust that this is satisfactory.
1�7
Yaurs'�Vwry truiv,
/ja
c. c. L. Glendon TrailV
67-OUZ
mzc��
11W Lity of SA'int John
Office of: tho City K"AFor
11.0. box 1971
sa!zt John, U.B.
UL 4Ll
4
1m,
Lr r sir.
aa, faint John Ourcqnuae, LogisEry and Jall Pro.ra-zv
--LoS,u ewi --atb- LP rrE furl r:tsr -
Further to my 1—Atizig ,with you &ad it, Z7r6wt on uosdv/, ';ovumber 4,
lgoo, please find eiclused 4 plan. Courthousz--kiraz tat ion Block, Saiat Jolm,
A.B. for Justice Complax by " 11! dated aovembar 29, 1979, acals V -
24j, . Ihis plan an djjcu"ejj, outlines in red parcel I which the Prvvince
is In the process of acquiring. Also ahaded in r rcev in the required r4bt-
of-way =case off Cartarthen Street. Furth=, in parcel "C" notaml ia blue
which is tha proposee additionzLI area which ban previoualY been utili-Zed as
a portiou of King Street.
Also bt ndvlaec, Lint in accordance with our conversation, out aol4cltor,
Ur, Paul L. Slanchet of the Department Of JusticO, has suUcstod that vu ac
quire the area so outlilted on the attached plA-*, in rcii end $Vraen by v'Y Of a
Warranty Dacd frac Lb , Uty of Salut John.
Ax wAVIL61'ard, oar solicitor vlw'w has mearchad tba. rcwrda via Lutable to
carttfy tltU due to ou interprotatiou of a Dead of lruat which occurred ora
the records of ta Province, but Wt On the records registered in the rztgistri
uffIce. our oolicitar adwimi tuat ein the basin that thtrie art to third party
oulzar" Haat
be could jwt sea tj.,sr
a Wgrrjuty laoc,6 would wee aty problvio to
the City.
Also in accordance with ths Attached Plan, with regard to Lot VD. 10 so
demigmated, koom as CLa Iron Duke property and ammed by the City. planse be
adviand, that this U the Departamat of Supply and Services formal raquast to
enter into nagotiatious for the acquisition of thU property It fete mUhpla.
2
After you hEve hod au opportunity to study thr it—m thus nwtioa4d,
vauld you pleano inform ua of your decisions ragardinA these mmttora.
if you raquire any fur°tbar Wo titan as tha above, Plaaaa foal Erre
to contact we by phoney of if tba wattar is still not cl r, i vill SAka
mystif available in v,ir offica.
Liar "af
:c,
Y'oura vezy truly,
Pravoirt,i.rs "adc ement Director
`191:3
r
Appendix B
"
r
THIS T14CENT URE mads tt"rs .ilst day of b"p'rch
A.D. 1951,
BY AND BETWEEN: T"d': CITI OF 'S TNT JOHN, it 0.a %anty o2
Sr.2.nt Lrchn arta PrOVInC'e of New Arau-3wi ck,
a body co-,porace, (hcrex.nafter c,tl led
the "Grantor") �
OF THE ONE PART
-dr
"
11ER MAJESTY 'TUE QUEENS 114 RIGHT OF "t'N'S N
PROVINCE OF NEW BRiTNST41CK as r°epresenteu t
by the Minister of Supply and Cervices, k
(bereinaltor called the °"GranteL-"'') a
i
OF THE OTHER PP -RT t
WITUESSETH r -hat tate raid Graotor for and in consid'ear- i
at,aean of the sins of One (Sl.00) Dollar of lawful money' of Cana" a
to it In hand well and truly pard by the said Grantee at or
ibefore tlhe annealing and delivery of these presents, the zcceigt
whereof is hereby icknotwledged, has granted, bargained, 'so'l'd,
aliened, released, convey,"ed and confirmed and by these presant6
does grant, bargain, e,el.l, align, release, convey and contxxs"t
unto the - Grantee, ncr successors and assigas, thoze lands Lnd
premisas described in Schedule ",Nt" annexed hereto and forcing
d part hereof.
d
TOGETHER, WITH ali houses, outhouses, barns, buzld-Llacl'a, C
edifices, fences, iniproverments, protits, privileges and appurt-
,
enances to the same belonging' or in any manner appertaining, and �
i 1
the reversion and reversions, remainder and remainders, rents,
" issuers and profits thereof, and also all rhe estate, right, title,
right and title, interest, use, possession, property Claim anu
dwaa'nd either at law or in egaity of it the said Gr°axntot, of, ar,
to or out of the same and every part and parcel thereof wi tb th
appurtenances.
i
TO HAVE A&D TO HOL) the: said lands and prenihas
hereby conveyed, or; meant, m"entzoned or intended so to be with i
the appurtenancea unto and to the use of the said, Gr4ntee, her �
successors and assigns.
"
" 139
AND the City Of Saint John, for LtgQlt, I ba
successors and assigns, does hereby covenitto ",d w-th the
said Her Xa)esty the Queen in Right of the Province of Now
Brunswick, her succe3sors and assigns, that it is lawfjjj�Ly
scized oL the before. granted and bargained lands and pre.4ases
and haw, good right to bargain and sell the same Ln manner and
form as before written and that it will warrent and lorever
defend the same unto the said gar Maaesty tne Queen, bar soccessars
and assigns, against the lawful claims anti demands of all persons
whomsoever.
IN WITNESS WHERSOP the saad Granter has caused its
corporate seal to be hereunto affixed and duly attested by the
signatures of its properly authorized officars the day and year
first above wrLtten.
SIGNED,, SEALED AND DELIVERED "TiE CITY OF SDINT' JO�N
in the presence of
kayor,
jCppmwn J C OrK
P.
V
1T. L
V
BE
140
SCF1MULE "Aa"
GO THE CIPY OF SAINT JOAN AS �RMTOR
AIX
HER 4AJE5TY 'elle, QU'MN
IN RIGHT OF THZ PROVINCE OF DEW 2RIU ;Sh"3CK
AS G.:GMTJ�E
LUWrID MARCh 31, A.D. .1.981
"A parcel of land oei-nq a part of Lot S and comprising naso. A
rn portion of Kiang 3tre-�t, City of SaInt John, Nowa drumsti
d axing its point of Degi ring at the intersection of the L,: a _et 1.
r side of Sydney Srrea*t .M n.rn the Southern side a! 9=5 I.treet ,
3a --d Voin:: navi-nq v-,, drtcnswicy gz.id co--ordinatez cf
333 754.848 imters and Nortning 663 302.385 trater4.
Tnencq on a New Brunswick Grid azimuth of seventy sirs degisc- �
(760) twenty three Minutes (23") ten seconds 11011) alonS, Ue
Sou °hern snide of c:.e aforementioned King Street and the Vortliorn r
side of Part X, a distance of seveniy and eagnt7 hu"idradths �
meters 00. 80m) to a coins I
""rude on an azimath of :.i.nety rive degrees (95") forty f ve �
miTMnates (45 1) forty F oco-ds '4(t" ) among the 'Northern aide of i
P arL x a distance of thi^.ry owns a_,xd sixty hundredt,hx mete. s
t 01, 6"0m) to a point on the Sourl ern aide of Kasg Street and
the Northuest oorneM of rot 80-3. r
The -ice on an azimuth of one h:aa 3red si.Xtcy six decrees (1660)
twenty four rminates (241) forty seconds (40") along the Wester'n.
side of Loot. 80-3, a d. stance Df twenty one and eleven hundred -.!is
tmeters (21.13m) to the Northern sLde of :Lot 80-2.
Thence an an azA oath of two hui.dr,ed fifty stat deti (250)
twenty alna.nuteq (70"1 titri sec"anda (20''") alongthe Northern !
side of Lot '83-2, a distatncic of twenty .dour and twenty rwo a
aund-rcdths laet_ars (14.2 m.) to the Northwestern corner of Lot.
80-2.
I
'hem". cu ar arim,•t.� of one bund red sixty seven degrees (3 670 )
zero one minates ;03 ") rexo seconds (000) along the Western
sale of Lot 80-2, a distance of eight and twenty three Ltrdrecot,h�
meters (8.23m) to Lot 80-4.
F
Thence on an =Lar ath of two 11wnnc"ared fifty six degrees (2560 )
fifty n= a minutes (59') forty seconds (40") along the vo* them
side of Lots 80-4, 48.5, 487, 488, 489 and 490, a distance of
sixty four and thirty tnxee hundredths meters (64.33mr)i to the.
aficzamentaoned Eastern side. of Sydney Street.
Thence on an azimuth of three nundred forty sire degrees (34610) �!
twenty two mi nuter (220) twenty seconds (20" ) along the
.Eastern side of Sydney Street, a distance of thirty nine and,
zero three hundredths meters 09.03m) to Xing Street, the
VI&ce of oeginning.
r
Together wath a right-of-way in common with the Grantor, ire
successors and assigns, along the Northern s3de of Lor 60-2
extending from the Western side of Carmarthen Stx'oot to Lot 1
SC --I at the prolongation of the Eastern side of Lot 80-A anJ
aving a width eatte ncing from the Northern side of rho
Cazimrthen Street fare station to the Southern sz,oe ot• cats
00-1 and 80-3.
A - - - -
. _ ; . .... .. _. .,
�I m
_ 2 -
Lot 80-1 being a pazcel of land +conta.zaa.a.ng an area of 3621
squarer meters and being shown on a Subdavx.saon 'Plan, Saint
John Jail# Courthouse Complex, City of Saint John, Vow Brunswick.
Said plant dated August 1, 15SSI, Prepared by Hughes Surveys a
Consultants ltd. and signed by Ri ch d. S. Stewart, N.S.. S,
i sand approved by the Development 011icer for the City of! Saint
t John on August 11, 1990, approved by the Director of Surveys
on august 15, 1980 and filed in the Saint. John County Registry
Office as plan #1091 on Nugusr 15, 1980.
Reserving and excepting thsreout and therafromt chs lan Srown
as Part X on the aforesaid, subdivision plan filed in t-,- Scant �
John County Registry Office as number 1091.
w
FROV1110E OF NMI BRUNSWICK
Cl()(N!TY OF SAINT JOHN
It Donald u. G3rey, of the City of Saint J;,I,n
in the C<,Uy;ty cf Saint Jorn and rxcvxncp M! Now 8rupow4ck,
make 'Oath avid %ZY.
T11at: I an, t Coamrin Clark of the City of 1,airt
John and have the cUstodly of the Comm Seal hereof.
2. That the Soal to tle aforegoing xcstrttpent
affized iq the Common Seal of the said The City of Saipt ITohna
and i.hat it was so aUixc-d by (i-c(3er of the Comon Ccuncij of
the said city.
3. Thai- the sic
,jndt'Ore "A.H.W. Lock -rt:" -o 0a salcl
in3r-runwnt as the Signature of A.R.14. Lockhart, Ma�,Pox ot
the, ,aid City, and the signature "Donald H. Garay" tbere:to va
my own aignature.
4. Via-. we are the proper officers to sign the
&foregoing instramient on behalf of the, City of Saint John.
SWORN TO at the City of Saint Johz,)
I
The COUntY of Saint John and
Province Of Naw Brunswick this
lay Of NN,,� l-LCH A.D. 1981.
RE ME ZX-*
BU ORE
Donald H. Ga GY,
Comwon Clerk.
,61wasAioner of Oathe
:einq Lt Solicitor.
I CUMFY that xluA,tNn
m duly entered and iesAstc-w in tKa RPaiestry Offlet
Icr the County of Sv.nt [3jn, Ne i drjr%sw�.k et 5-50e `-h
or tht-)qtU, day X0, 19TI
as NWn1w in &oQk, NLmatr Pop Nuraw
�Lr
e;ll
ow PAM
`[193
I
Appendix C'
)J "R
V'Lt,'4 C11'Y DLsj�INT JOHN
PURMLASEM; HER MUM THE QUEEN IN 1'1101a or Ina; PROVINCE OF UEW
smMmucli
LCY�' 60-1 �LESS PART X)
DAIS OF TRAv45FrR,' ATIRI'L 1, 2981
[Wrf', MP ADJUSTMENTS: J,PR1L 1, 11981
AGREED SE14LIPG PAIC8: $251000.00*
t'rujp(-Irty taxI: 13,9 67. 90
1, 179. 010
"525r 50. his pXeVi0U51y In it paid 01C ALy att C n1LU1. lor04L.
JanUary 1, ASO cc Mamh 31, 1900 pw&od.
UND8MIAMS:
1', Jnbw L,, i4uqanL, hcraby U11derVAC LO IMId iuu eW--rOw the cheque for
the ayu=ad price duMv"ed to me an this date. tuiLil the dalivary
to area M oma countorpart of the Agmemnt WLWL�CM the partioa hareta,
duly by earh.
I, G. SwmarL BaWr, hunby undartiLe to hold in n.5crQw the Warxanwy
bood dulkniced tai me Cut WS data IMLLI f1w dclj_Very LO John L. NugenL
on ona cousiLcrpart of the Aum, ment beta ern the partlea hereto, duly
amcumd by each.
accopued,
1,VJIL- abuvu StMOMML of AdJU,,'tnr,,rit4, is heraby approvml and
The Vundov'n SuIicitor aC1Zr1oWlf:dgva xeceipL of rurty thowilnd"'
hun�irizd ainel forty-six doiiara "'ttld firty Cento ($40,146,50).
DATED at ,3a�jjnt :Iohn LhL5 Ist Jay of April, A.D. 19131.
ME
Appendix D
q,546i TEM9 4GRELtENT Ma -e as of the 31st day of ma=cn, )k.o.
J981. 1
13 L T W E E N:
HER MAvIESTY VM QUEENr in right of
toe Province of New B,runSWLCK, as
represented by the @Uaister of
Supply end Services
or THE FIVST PART
and
THn CITY OF SAINT JOHN, a body
corporate, in the County at Sal. -It
John in the Prova-1ce of New Brunswick
OF TBE SECOND PART
tMLRLAS by Deed dated March 31, 1981 the Party of the
Second Part conveyed to the Party of the First Part the lanab
and premises described in schedule "R'" hereto aunexed (hhe
j
saad lands and pzemiaes hereinafter being referred to as it
"t -he property") , the said Deed having beer. regLetiered jLn -.he
office of the Reqicrar of needs in and for the county of Saint
John i-nnedtatoly before these presents;
AND iIKSPWS it is the intention of ^the PdzLv of the
Firr,t 11,&rL to construct a publix work on zhe projler�cyj
AND ME the Party at the Firs" Part has agreed
to give to the Party of the Secend Part a Right of First Refusal
re%pecting the property, upon the terms and cariditions, hetainatterr,
contained.
NOW TdZREVORE TARS AAnEV=T WITUr-SSETH thdt in consl - iw
deration of the sum of Oro Dollar ($1.00) of lawful moray of
Cdnad.i paid to the Parti of the First Parr by the Party o ithe
Second Vart receipt %hereof as hereby ac!,ro%-!edgnd the Party of
r1tv First Part doe,;; harool grant to the Per -.*,r of the Second Part
A right at first refusal to purchase tne lards and premLsos des-
oiibed Ll' 13cliedute 'A' hecoto annexed upor. the f0ll051Lng rerms
&46 conditions. Ia
11 U enc Party oZ the First Port rcceives a bonAfide offe.-
to purchase the propert} whiLh the Party at the rirst Part is J
tl
WLIling to acccpL, or if tho Party of the First Part decides
Lbat it no longer intends to proceed with construction of a
63Ic
145
M
poolic work on the rxopetty, tften upon the occurrence of eiLher
epent the Parvv 0L to a First Part shall writtea Bocice of
the offer or its intent not to proceed with the said congtruc-
tior -:r, -lie rarLy Of &e Se,°,:nef Part. SArb 1;X1ttCP notice Shall
b� sent to the Party off` the Second Part by registeral. maiL. She
Party of the Second Part shall have, the right within the nie,�
sixty (60) days by giving notice to the Party of the First Part
by registered mail to elect to, purchase the property for the
sawn price as paid by the Parvj of tnk, PtrF;t Part at, the tire it
acqLzred the property.
2. If cine tarty or the Second Pate does so elect, the
ootice given by it shall constitute a binding agrelemant of
J Purchase and Sale, 11 the Party of the Second Part duos %iot so tl
elect, the Party of the Rirst Part shall be free to meal with
the property as it mAy cee ftt apd all obligations or the II
Parties herein cc�nta_ned shall be at an end.
THIS INDENTURE AND EVERYTHING HEREIN cont3,Lned shall
enure = the benefit and be.hindang upon the Parties hereto
tueir succesuors and assigns."
.'e' ' - 7 '� -� I
Ir IN KTNZS!�,1MZRB0F tbe'�Zrtles hereto have caused
'
thehands of the duly aothorizcO
this Indenturi�. to ballexacuted by
officers and thexrf" respective seals affixed hereto the day and
jwr first above written.
S-.Gla,0, SEAIXD z�_qMevruV�ftDj
ROV;N_CE OF NEW ByNswcx
in the presence of:,
re %ter. 0, P ervIcali
IV; div .0AINT JOHN
NX
M111.1
MM,
I
I
rr
"A parcel of land being a part of Lot B and comprising Part x
a portion Of King Street, City of Sault John, New BriLmewick..
Having .its point of beginning at the intersection of the 'Eastern.
side of Sydney Street with the Southern side of King Sltreeet,
said point having New Brunswick grid co-ordinates of Bastin
334 754.848 re t,ers and Northing 653 302.385 meters.
Thence on a New Brunswick Grid azxmuth of seventy sire degrees
(760) twenty three minutes (231 ) ten seconds (10") along the
Southern side of the aforementioned Icing Street ano the Northern
side of Part X a distance of severity and eighty hundredths
meters (70.80mn) to a point.
Thence on an azimuth of ninety five degrees (951) fortrr five
minutes (45") forty seconds (43") .along the Northern sp.de of
Part.X a distance of thirty one and sixty hundredths I tees a
(31.60m) to a point on the Southern side of K=g Street and, �
the Northwest corner cs Lot 80-3. I
Thence on an azimuth of one, htmdred aan.xty sic degrees (1.669)
twenty four minutes (24"), forty seconds (40") along the Western f
sides of Lot 6U -J, a distance of twenty one and elevtn hundredths k
meters (21.11nnn) to the Sortk:ern side of Lot 80-2.
Thence on anr, a% uuuth of two hundred fifty six degrees (2560)
twenty m nutet, ;20'1) twenty seconds (20") along ;the Northern
side of Lan 80-2, a distance of twenty four ane twenty two
hundredths meters (24.22m) to the Northwestern corner of Lot
60_2.
e
Tne:nce on an azimuth of one hundred sixty woven degree,e (167") n
zeio o:ne minutes (0 11) zero seconds (0011) &I ong the Western
side of Lot 80-2, a distance of fight and twenty three hundred hu
maters (8.2.3m) to Lot 80-4.
Thence on an azimath of two hundred fifty six degrees (256'")
fifty nine minutes (581) forty seconds (40") along the Northern
:,idea of Loto 80.4, 485, 481, 488, 489 and 490, a distance of �
sixty .four and thirty three honydredths meters (64.33m) to the
aforeme-nn.Yenned-&&s'Lern side of Sydney 'Street.
Thence on rn a z much of three hundred forty six degrees (346")
tiva nt y two minutes (2V) twenty seconds (2011) along they
Eastern bide of Sydney Street, a distance of thirty nine and
zero thre:et hundredths raters (39.03m) to king Street, this
glace of beginnnilig.
Together with a right-of-way in common with the Grantor, its
sacce,sscrs and assigns, along the Northesn sides of Lot 80-2
e4t.andin+g ,from the lirsicarn side of Canrmdrthen Street t o Lot
00-1 at the parolongat, on air the Eastern , fide of Gur -W-4 and �
having a width exterdi*ng :root the Northern side of the
Cat=iarthen Street f.%re station to the 3outn rn sida o't Lots
319-1 and 80-3.
LM
`«N
- 2 -
M
Lot 80-1 being a parcel of I=d containing an area oZ 3621
square zetern and being shown on a 5ubd,,v:Li:Lon Plan, eaint
John J&il, Courthouse Complex, City of Saint John, mew j4nLv;,w-icr
Sa!d plan dated August. 1, 1990. prepated by Hughey, Survreyr,
Consultants Ltd. and signed hy Richard B. Stewart, H.B.L.S.
and approved by tue Development officer for tne Cicy of E.A.nt
Joan on August 11, 1980, approved by the D'Lrector of Survcys
on Auqust 15, IsBO and filed in the Saint John Coouty Rag -,&ix,
Office as plan ilo91 on August 15, 1980.
Reserving and excepting therecut and therefrom the ,and v%own
as Part X on the aforssaid subdavision plan filed in the .14".nt
John County Registry Office as number 1091.
PROVTNCE OF NEW BRUNSWICK
COUNITtS OZ YORK AND S
1, G. C. Graham, of rradenctera in the Count--a!s of York. and
Sunbury and Province of Now Bruaswick, make oath and say.
1. That the v:Lthin x=truz=t was executed by the Honourable
Harold N. Fan,joy, MLnistar of Supply and Sarnc" for the Province of
Nov Bxunotack, 2n my presence; that the aigUaLUre Of Darold N. Pa Soy
set and subsenbod to the swid instrumant as that of the KeuLstar of
Supply, and Services is tha stguattire of the z&Ld VAcold N. Faujoy &-.d
was oubscrilbad thereto in Mr presence.
SVORN TO at the City of:
Frodericton, Cio%vitiez of
lork and Sucbury, Prov -ince
of Naeem arLaswick, rhos
3—'/. day of
A. D. , 19 . l.. , before w,
-7 1
. . . I I . I . . . . . . . . . . 4
L is TRAIL
A to A*,1,%zwjcR or OATHS
cc,-wm.sc,q cAp"cbocir 3A Si, 1944
149 '
. . . . . . . . .. aro .
n
rX 8
T1R0V1.',CL! OF NVV BRUINSOM'
couaTy or YORK
I. Gor-ion F. Gregory, 0 C , of tne City of 1reaer7,:-t.,m,
in the C00jIty Of York anO Pro,'' co of !4ell 0cmIrV,Ci , D'rJPUL7
`[jn1st#-"7 ')f Justico, rral.e cr.tn am' Say
I. That I am the Daapu�y star: -Ls sur of Justice of the Pro%rLnc(-,
of New Brunswick and have custody of the Great Seal of -7he
said Province.
2. That the Sed) affixed to the annexed Xnstruraent Is the
Gzeat Saul of the Piovince of New Btuns-ick and arts iffi,>'ed
to the said Instniment at my direction,
SWORN TO A the City of
Fredericton, in the county
of York and Province of Ve-.:
- &� I
Brunmo-ic)-., this 10 494- day
o fA.D., 1qi!?/'A—
BETORE ME -
j -0
g32,oner
Being a Solicitor
Imp 150 Vp
ARMEF�� �*
1, DONALD E. GAM, of the City of Saint orohn, Nn rho
County of Saint achn and Province of New Brunswick, MAKE OATH
That I am the Common Clerk of the City of Saint john
and have the custody of the Common Seal thereof.
it 2. That the seal to the atotegoing instrument affixed is
the Cotwon Seal of the said The City of Saint John and that it
was so affiyed uy Order of the Common Council of the said City.
Ea
3. That the signature "Robert Lockhart" to the said
instrument is the signature of Robert Lockhart, Esquire, Mayor
of the said City and the signature "Donald H. Garay" thereto is
my own signature.
4. That we are the proper officers to sign the aforegoing it
x.strument on behalf of the city of Saint John,
SMRN TO at the City of Saint
John, in the Colunty of Saint
John and Provance of New
Brunswick, this S1 day of
A -D- 1981.
it
BEFORE ME ev
tA---e,4 I 1-- 0
A CommLssioner of Oaths
Being Solizitor
CtKnFy tjat Lbe wdNn 3
um Er C'ntewi and 141'ter
E, tksm
Car the Canty Of S""'j toIn'. AD 19 27
si
'jumba in JOW, t1umbet
67 1;
0546t
ze DOWD
E19
151
I
I
Phots gra.phs of Co un Court House, Saint John, NB
[Used with permission]
`M
`Nv