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2010-03-15_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, March 15, 2010 Committee of the Whole 1. Call to Order 4:30 p.m. 8th Floor Boardroom 1.1 Approval of Minutes 10.2(4) 1.2 Negotiations 10.2(4)(d) 1.3 Litigation 10.2(4)(f,g) 4:45 p.m. Council Chamber - Committee of the Whole Open to the Public 1.0 Little River Reservoir Association Presentation Regular Meeting 1. Call to Order — Prayer 5:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Approval of Minutes - March 1, 2010 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Saint John Waterfront Request to Present the Reversing Rapids and Lower River Passage Master Plan (Recommendation: Refer to Clerk to Schedule) 5.2 Hardman Group Limited Request to Present (Recommendation: Deny Request) 5.3 E. Teed Letter: Geopark Promotion (Recommendation: Receive for Information) 5.4 E. Teed Letter: Honouring a Canadian Sports Hero (Recommendation: Receive for Information) 5.5 Theatre Populaire D'Acadie Request for Funding (Recommendation: Deny Request) 5.6 Brentwood Crescent Storm Sewer Easement Acquisition 420 Woodward Ave (Recommendation in Report) 5.7 Proposed Public Hearing Date 7 Northumberland Ave and 1151 Golden Grove Rd (Recommendation in Report) 5.8 Public Information Session Beaverbrook Ave Watermain Installation and Street Reconstruction (Recommendation: Receive for Information) 5.9 Westfield Road Reconstruction (Recommendation in Report) 5. 10 Pedway Maintenance Agreement (Recommendation in Report) 5.11 H. Wright Letter Requesting Donation Towards Grave Marker for Charles Gorman (Recommendation: Approve Request for $100 Donation) 5.12 J. Hatfield Letter Regarding Water & Sewerage Charges When Service is Disconnected (Recommendation: Refer to City Manager) 5.13 Proposed Mixed Martial Arts Event at Harbour Station & Draft Athletic Commission By -Law (Recommendation: Refer to City Manager and City Solicitor) 5.14 Westfield Road Reconstruction Project Acquisition of Freehold Portion of PID No. 55201859 (Recommendation in Report) 5.15 ONE Change - Neighbourhood Development Stimulation Grant Advance Request (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 World Water Day March 22, 2010 8. Delegations/ Presentations 9. Public Hearings 7:00 p.m. 9.l(a) Proposed Zoning By -Law Amendment 3550 Lorneville Road 9.1(b) Planning Advisory Committee Recommending Rezoning 9.2(a) Proposed Zoning By -Law Amendment 1 Millard Robson Lane 9.2(b) Planning Advisory Committee Recommending Rezoning 10. Consideration of By -laws 10.1 Third Reading Street Closing - Weldon Avenue 11. Submissions by Council Members 11.1 Projected Traffic Congestion Resulting from Costco Opening (Councillor Court) 11.2 Road Conditions - Quinton Heights Area of Saint John (Councillor McGuire) 11.3 17th Annual NBNPHA Conference (Councillor McGuire) 11.4 130 Milford Road (Councillor McGuire) 12. Business Matters - Municipal Officers 12.1 Common Clerk: Position Vacancy Clerk's Office 12.2 City Manager: Demolition of a Dangerous and Dilapidated Building at 242 Watson St 12.3 City Manager: LEAD Program - An Employment Program for Youth 12.4 City Manager: Website Redesign and Rebuild 12.5 City Solicitor: Harbour Cleanup Project 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment The City of Saint John Seance du conseil communal Le lundi 15 mars 2010 Comite plenier 1. Ouverture de la seance 16 h 30 — Salle de conference, 8e etage 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 N6gociations — alin6a 10.2(4)d) 1.3 Litiges — alin6as 10.2(4)b), g) 16 h 45 — Salle du conseil — Comite plenier en seance publique 1.0 Pr6sentation de la Little River Reservoir Association Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17 h - Salle du conseil 2. Approbation du proces- verbal 2.1 Approbation du proces- verbal de la seance tenue le ler mars 2010 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Demande pr6sent6e par le Partenariat d'am6nagement du secteur riverain de Saint John visant a pr6senter un plan d'am6nagement du projet Chutes r6versibles — passage de la riviere inf6rieure (recommandation : transmettre a la greffiere pour qu'une date de pr6sentation soit fix6e) 5.2 Demande pr6sent6e par The Hardman Group Limited visant a se pr6senter devant le conseil (recommandation : rejeter la demande) 5.3 Lettre reque de E. Teed concernant la promotion dun g6oparc (recommandation : accepter a titre informatif 5.4 Lettre reque de M. Teed concernant un hommage a rendre a un h6ro sportif canadien (recommandation : accepter a titre informatif 5.5 Demande de financement pr6sent6e par Th6atre populaire d'Acadie (recommandation : rejeter la demande) 5.6 Croissant Brentwood — Acquisition d'une servitude pour une installation d'eau d'6gout au 420, avenue Woodward (recommandation figurant au rapport) 5.7 Date propos6e de la tenue dune audience publique relativement au 7, avenue Northumberland et au 1151, chemin Golden Grove (recommandation figurant au rapport) 3 5.8 Seance informative publique relative a une nouvelle conduite d'eau principale et aux travaux de refection dans ]'avenue Beaverbrook (recommandation accepter a titre informatif 5.9 Refection du chemin Westfield (recommandation figurant au rapport) 5.10 Entente relative a 1'entretien de la passerelle (recommandation figurant au rapport) 5.11 Lettre reque de H. Wright sollicitant un don pour une stele funeraire pour Charles Gorman (recommandation: approuver la demande dun don au montant de 100 $) 5.12 Lettre reque de J. Hatfield concernant les frais des Services d'aqueduc et d'egouts lorsque les services sont interrompus (recommandation : transmettre au directeur general) 5.13 Projet de competitions d'arts martiaux mixtes au Harbour Station et ebauche de 1'arrete relatif a une commission athletique (recommandation : transmettre au directeur general et a 1'avocat municipal) 5.14 Projet de refection du chemin Westfield — Acquisition dune parcelle de propriete franche portant le NID 55201859 (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journee mondiale de 1'eau le 22 mars 2010 8. Delegations et presentations 9. Audiences publiques 19h 9.1a) Projet de modification de 1'Arrete de zonage visant le 3550, chemin Lorneville 9.1b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage 9.2a) Projet de modification de 1'Arrete de zonage visant le 1, allee Millard Robson 9.2b) Comite consultatif d'urbanisme recommandant le rezonage 10. Etude des arretes municipaux 10.1 Troisieme lecture de 1'Arrete concernant la fermeture de ]'avenue Weldon 11. Interventions des membres du conseil 11.1 Encombrement prevu des voies de circulation en raison de 1'ouverture du Costco (conseiller Court) 11.2 Etat de la route — Secteur de Quinton Heights de Saint John (conseiller McGuire) 11.3 17' conference annuelle de 1'ALSBLNB (conseiller McGuire) 11.4 130, chemin Milford (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffiere communale : Poste vacant au bureau de la greffiere communale 12.2 Directeur general : Demolition du batiment dangereux et delabre situe au 242, rue Watson 12.3 Directeur general: Programme LEAD — Programme d'emploi offert aux jeunes 12.4 Directeur general: Remaniement du site Web 12.5 Avocat municipal: Projet de nettoyage du port 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de la seance March 15, 2010 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of March 15, 2010 contains the following items on the agenda: 1.1 Approval of Minutes 10.2(4); 1.2 Negotiations 10.2(4)(d); and 1.3 Litigation 10.2(4)(f,g) Section 10.2(4) of the Municipalities Act states: "If it is necessary at a meeting of council, or committee of council, to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion." (d) the proposed or pending acquisition or disposition of land for a municipal purpose; (f) information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business; (g) litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal. Respectfully Submitted, Jonathan Taylor Assistant Common Clerk Q)- SAINT IGRIN; P.O. Box 1971 Saint John, NB Canada B2L 41 www saintjohn.ca C.P. 1971 Saint John, N.-B. Canada ER 41 1 -- -.� _ _ _ _ _ .. _ -_ - - -1- - -- �17 rdf -ft a s .. t John,", 7kft "viii Al WWI" "I Fb Lam, AW)l PIT pro MLYU FALLS 112 f4; ITT K S LA LAKEWn-% n3L' it LITTLE RIVER SER VOIR A SS OCIA TION 4VERALLUAP n r . 1 � -L � A , ;x,.; �< ` 9 Sur prise! 10 r. w 'th.. a. v i e-w.-- 11 a �..4 k7, r,q Wit■ �'�.� �IY. �I: � ! , f •q d J� ..�. - 1 s _ � 11 a 14 1• . .. .. 7W 71 12 1y l 'S p M 13 �a t � F IN P_ �." ppi { s 'tie 11•'x./ ! 1* k .k Clean it,�up! 14 . . . . . . . . ...... LIM 0 a Seriou's ork. ---7 Ig 1.1®rA "lit f., . . . . . . . 15 6 Operation Clean -Up 16 77 4LP 17 0 Build. 18 Washrooms! �r \Ji � y xg� w . � 19 z . � �� 20 AT ''Waft t7 ......... )17RKkwood. Tark r jv Pro MILYU FALLS PARk 21 P a r k ITT K S y`w'� P P IIE"t e- tn ;7= LAKEWn-% R Vision: #� �st residential growth potem, a _ IL It yr F y- � aFq qy. r a �Y 1r dip , .� 22 95 -185 COMMON COUNCIL / CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — MARCH 1, 2010 — 5:15 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, McGuire, Mott, Snook and Sullivan - and - P. Woods, City Manager; J. Nugent, City Solicitor; H. Nguyen, Assistant Comptroller; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; A. Beckett, Deputy City Manager; S. Galbraith, Director of Works for Municipal Operations; R. Simonds, Fire Chief; B. Hanley, Police Inspector; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, LE 1 ER MARS 2010 A 17 h 15 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Higgins, McGuire, Mott, Snook et Sullivan et P. Woods, directeur general; J. Nugent, avocat municipal; H. Nguyen, controleur adjoint; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; A. Beckett, directeur general adjoint; S. Galbraith, directeur des travaux publics aux Operations municipales; R. Simonds, chef du service d'incendie; B. Hanley, inspecteur de police; ainsi que E. Gormley, greffiere communale et J. Taylor, greffier communal adjoint. 1. Call To Order — Prayer Mayor Court called the meeting to order and Pastor Edward Powell offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court. Le pasteur Edward Powell recite la priere d'ouverture. 1.0 Service Based Budgeting Presentation Referring to a submitted report and presentation, S. Rackley- Roach, Corporate Program Manager, and A. Beckett provided an overview of service -based budgeting, noting that it is an accountability tool which can be used by Council when making policy decisions. 1.0 Presentation du budget fonde sur les services Mentionnant un rapport soumis et la presentation, S. Rackley- Roach, directrice des programmes corporatifs, et A. Beckett donnent un aperqu du budget fonde sur les services, en indiquant qu'il s'agit d'un outil de responsabilisation que le conseil peut utiliser lorsqu'il prend des decisions strategiques. 2. Approval of Minutes On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on February 15, 2010, be approved. Question being taken, the motion was carried. 23 95 -186 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1" MARS 2010 2. Approbation du proces- verbal Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que le proces- verbal de la seance du conseil communal tenue le 15 fevrier 2010 soit approuve. A ('issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the agenda of this meeting with the addition of item 13.3 Committee of the Whole: Recommended Appointment to a Committee be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente seance soit adopte, moyennant I'ajout du point 13.3 Comite plenier : Qu'une nomination a un comite soit approuvee. A ('issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the Master Promotions Ltd. letter dated February 5, 2010, in support of the proposed renovations to the Saint John Trade & Convention Centre, be received for information. 5.2 That the E. Betts letter dated February 16, 2010, in support of the proposed renovations to the Saint John Trade & Convention Centre, be received for information. 5.3 That the Jackson letter dated February 22, 2010, regarding Blueberry Hill Lands, be received for information. 5.4 That the Teed letter dated February 22, 2010, regarding the Lord Beaverbrook Art Gallery, be received for information. 5.5 That the Teed letter dated February 23, 2010, regarding Support for Mount Carleton National Park, be received for information; and further, that the Mayor be directed to send a letter of support to the Mayor of Bathurst on this topic. 5.6 That the Teed letter dated February 23, 2010, regarding a Saint John Geopark, be received for information. 5.7 That the Enterprise Saint John letter dated February 25, 2010, in support of the Saint John Trade & Convention Centre proposed renovation project, be received for information. 5.8 That as recommended by the City Manager in the submitted report M &C 2010- 59: Sale of Portion of Weldon Avenue, in the event a portion of Weldon Avenue a 20.12 metre (66 foot) wide public street in the City of Saint John, County of Saint John and Province of New Brunswick, designated "Weldon Avenue (Public)" on a subdivision plan titled: "Subdivision Plan Kathleen LeBlanc Subdivision, Parish of Simonds, City of Saint John, New Brunswick" dated January 25, 1984 assented to by the Common Council of the City of Saint John on January 3, 1984, approved by the Development Officer on January 26, 1984, approved by the Director of Surveys on January 30, 1984 24 95 -187 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 and filed in the Saint John County Registry Office on Jan. 31, 1984 and filed in the Saint John County Registry Office on Jan. 31, 1984 as Number 1592 is stopped -up and closed, The City of Saint John sell its freehold interest to Charles Cochrane for $1.00 plus HST (if applicable) on or before May 29, 2010 subject to the conditions in the Offer of Purchase and Sale submitted with M &C 2010 -59, and that the Mayor and Common Clerk be authorized to sign any documents required to finalize the transfer. 5.9 That A. Beckett, CA, be appointed Acting City Manager during the scheduled absences of the City Manager. 5.10 That as recommended by the City Manager in the submitted report M &C 2010- 64: 2010 NBCC — Public Works Training Agreement, Common Council authorize the Mayor and Common Clerk to sign the submitted Training Sales Agreement on behalf of The City of Saint John. 5.11 That Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Tom Smith (1666 Hickey Road) and Boyle Real Estate Development Inc (25 -35 Bentley Street) for Monday, March 29, 2010 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 5.12 That as recommended by the City Manager in the submitted report M &C 2010- 53: Brentwood Crescent Storm Sewer Easement — 92 Brentwood Crescent, The City of Saint John accept the offer of Mary Mclsaac, affected land -owner as set out in the Agreement of Purchase and Sale submitted with said report and acquire the easement interest in, and through the portion of PID number 55047559 described in the Agreement for the aggregate sum of $452.00 plus HST if applicable, upon the terms and conditions contained in said Agreement; and authorize the Mayor and Common Clerk to sign any document(s) necessary to finalize this transaction. 5.13 That as recommended by the City Manager in the submitted report M &C 2010- 50: Residential Infrastructure Assistance #57 — 435 Boars Head Road, Common Council approve a Residential Infrastructure Assistance for NJP Developments Inc. at 435 Boars Head Road with an estimated expenditure of $36,000.00. 5.14 That as recommended by the City Manager in the submitted report M &C 2010- 51: Westfield Road Reconstruction Project, The City of Saint John acquire the fee simple interest in a 113 square metre portion of PID number 55172209 — 1925 Westfield Road — as shown on a Terrain Group Inc. sketch number S08053 -580 dated January 21, 2010, from Michael John and Bonnie Lynn Duffy for the all encompassing price of $1655.00 (plus HST if applicable) upon the terms and conditions contained in the Agreement of Purchase and Sale submitted with M &C 2010 -51. 5.15 That as recommended by the City Manager in the submitted report M &C 2010- 49: Westfield Road Reconstruction Project, The City of Saint John acquire a municipal services easement in a 118 square metre portion of PID number 00290254 — 2130 Westfield Road — as shown on a Terrain Group Inc. sketch number S08053 -579 dated January 19, 2010, from Christa Dawn Maclnnis for the all encompassing price of $1,200.00 (plus HST if applicable) upon the terms and conditions contained in the Agreement of Purchase and Sale submitted with M &C 2010 -49. 5.16 That as recommended by the City Manager in the submitted report M &C 2010- 48: Harbour Clean -Up — Newman's Brook Sewer Separation, and subject to Cabinet approval, The City of Saint John acquire from the Province of New Brunswick an easement for municipal services in and through lands designated as PID number 00046524 along the routing as generally shown on the tentative subdivision plan submitted with said report for the sum of $44,283.00 and that the Mayor and Common Clerk be authorized to execute all necessary documents. 5.17 That as recommended by the City Manager, The City of Saint John consents to the Declaration of D.D. 155 Mystery Lake Ltd. pursuant to the Condominium Property Act for lands at 155 Mystery Lake Drive having PID number 373381, and that the Mayor and Common Clerk sign the Schedule B Consent of Encumbrancers submitted with the said Declaration. 25 95 -188 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 5.18 That as recommended by the City Manager in the submitted report M &C 2010- 55: Initiate Stop -Up and Closure for Portion of Elgin Street, the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a portion of Elgin Street, a public street, being approximately 4.28 square metres, as illustrated on the Plan of Survey showing a portion of Elgin Street submitted with said report, be set for Monday, March 29, 2010 at 7:00 p.m. in the Council Chamber. 5.19 That as recommended by the City Manager in the submitted report M &C 2010- 63: Stop -Up and Close Portion of Water Street, the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 36 square metre +/- portion of a public street known as Water Street, be set for Monday, March 29, 2010 at 7:00 p.m. in the Council Chamber. 5.20 Refer to item 14.1 5.21 That as recommended by the City Manager in the submitted report M &C 2010- 60: Space Needs and Future Usage Analysis — Saint John City Market Tower, the proposal submitted by TOSS Solutions to conduct an analysis of the space needs of the Saint John City Market and to evaluate the potential options for the future usage of the Tower (while considering life- cycle, accessibility, code upgrades and heritage) at a cost of $45,780 plus tax be accepted. 5.22 Refer to item 14.2 5.23 That as recommended by the City Manager in the submitted report M &C 2010 -62 — Gault Road Wastewater Lift Station Reconstruction, staff be authorized to issue a purchase order to O'Brien Electric Co., Ltd., for the reconstruction of Gault Road Wastewater Lift Station at a budgeted cost of $40,000 as calculated based upon estimated work. 5.24 That as recommended by the City Manager, Common Council approve the addition of one administrative position in the 2010 Fire Department Establishment to replace the position deleted by the retirement of the incumbent. 5.25 That as recommended by the City Manager, Common Council refer the submitted report to the Common Clerk for the purpose of scheduling presentations by: 1) The Terrain Group on the Trails and Bikeways Strategic Plan; 2) ADI Limited on the Infrastructure, Facility and Program Inventory Study. On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of item 5.20 Ventilation System Replacement Rothesay Avenue Maintenance Garage, Tender 2009 085002T, and 5.22 Bilingual Services Program Coordinator Saint John 225, which have been identified for debate, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de Master Promotions Ltd., datee du 5 fevrier 2010, appuyant les renovations propos6es au Saint John Trade & Convention Centre soit accept6e a titre informatif. 5.2 Que la lettre d'E. Betts, datee du 16 fevrier 2010, appuyant les renovations propos6es au Saint John Trade & Convention Centre soit accept6e a titre informatif. 5.3 Que la lettre de M. Jackson, datee du 22 fevrier 2010, concernant Hill Lands, soit accept6e a titre informatif. 5.4 Que la lettre de M. Teed, datee du 22 fevrier 2010, concernant la Galerie d'art Beaverbrook, soit accept6e a titre informatif. 5.5 Que la lettre de M. Teed datee du 23 fevrier 2010, concernant un appui au parc national du Mont - Carleton, soit accept6e a titre informatif et qu'en outre, le maire soit enjoint a envoyer une lettre de soutien au maire de Bathurst a ce sujet. 26 95 -189 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 5.6 Que la lettre de M. Teed, datee du 23 fevrier 2010, concernant un geoparc a Saint John, soit acceptee a titre informatif. 5.7 Que la lettre d'Entreprise Saint John, datee du 25 fevrier 2010, appuyant les renovations proposees au Saint John Trade & Convention Centre soit acceptee a titre informatif. 5.8 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-59: Vente dun trongon de 1'avenue Weldon, advenant que la circulation soit interrompue sur un trongon de I'avenue Weldon, rue publique d'une largeur de 20,12 metres (66 pieds) dans The City of Saint John, comte de Saint John, au Nouveau - Brunswick, designee « Avenue Weldon (publique) » sur un plan de lotissement intitule : « Subdivision Plan Kathleen LeBlanc Subdivision, Parish of Simonds, City of Saint John, New Brun » (Plan de lotissement, lotissement de Kathleen LeBlanc, paroisse de Simonds, City of Saint John, Nouveau - Brunswick, date du 25 janvier 1984 adopte par le conseil communal de The City of Saint John le 3 janvier 1984, approuve par I'agent d'amenagement le 26 janvier 1984, approuve par le directeur des services d'arpentage le 30 janvier 1984 et depose au bureau de 1'enregistrement pour le comte de Saint John le 31 janvier 1984 sous le numero 1592, et que le trongon soit ferme, The City of Saint John vende son interet franc a Charles Cochrane au prix de 1 $, la TVH en sus (s'il y a lieu) au plus tard le 29 mai 2010, sous reserve des conditions enoncees dans I'offre d'achat et de vente accompagnant le rapport M/C 2010 -59, et que le maire et la greffiere communale soient autorises a signer les documents exiges pour conclure le transfert. 5.9 Qu' A. Beckett, CA, soit nomme directeur general par interim durant les absences prevues du directeur general. 5.10 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-64: Entente de 2010 relative a la formation en travaux publics du CCNB - le conseil commun autorise le maire et la greffiere communale a signer 1'entente de vente sur la formation soumise au nom de The City of Saint John. 5.11 Que le conseil communal fixe des audiences publiques pour entendre les demandes de rezonage et de modification en vertu de I'article 39 soumises par Tom Smith (1666, chemin Hickey) et Boyle Real Estate Development Inc. (25 -35, rue Bentley) au lundi 29 mars 2010, a 19 h, a la salle du conseil, et renvoient les demandes au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.12 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-53: Servitude pour une installation d'eau d'egout au 92, croissant Brentwood - The City of Saint John accepte I'offre de Mary Mclsaac, proprietaire touchee, comme I'enonce la convention d'achat -vente presentee avec le rapport et acquiere I'interet dans la servitude se rattachant a la partie de la parcelle de terrain inscrite sous le NID 55047559 decrite dans la convention pour la somme totale de 452 $, TVH en sus le cas echeant, aux conditions enoncees dans ladite convention, et autorise le maire et la greffiere communale a signer les documents necessaires pour conclure cette transaction. 5.13 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-50: Aide a 1'infrastructure residentielle no 57 - 435, chemin Boars, le conseil communal approuve une aide a ('infrastructure residentielle pour NJP Developments Inc. au 435, chemin Boars Head, dont les depenses s'etabliront a environ 36 000 $. 5.14 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -51 : Projet de refection du chemin Westfield, The City of Saint John acquiert I'interet en fief simple dans une parcelle d'une superficie de 113 metres carres du terrain inscrit sous le NID 55172209 - 1925, chemin Westfield - qui est representee sur le croquis n° S08053 -580 de Terrain Group Inc. date du 21 janvier 2010, aupres de Michael John et Bonnie Lynn Duffy pour la somme globale de 1 655 $ (la TVH en sus, s'il y a lieu) aux modalites enoncees dans la convention d'achat -vente presentee avec le rapport M/C 2010 -51. 5.15 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-49: Projet de refection du chemin Westfield, The City of Saint John acquiert une servitude des services municipaux dans une parcelle d'une superficie de 118 metres carres du terrain inscrit sous le NID 00290254 - 2130, chemin Westfield, qui est 27 95 -190 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 representee dans le croquis n° S08053 -579 de Terrain Group Inc., date du 19 janvier 2010, aupres de Christa Dawn Maclnnis pour la somme globale de 1 200 $ (la TVH en sus, s'il y a lieu) aux modalit6s contenues dans la convention d'achat -vente presentee avec le rapport M/C 2010 -49. 5.16 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-48: Nettoyage du port - Separation de 1'egout de Newmans Brook, et sous reserve de I'approbation du Cabinet, The City of Saint John acquiert du gouvernement du Nouveau - Brunswick une servitude de services municipaux dans la parcelle de terrain inscrite sous le NID 00046524 avec le trace qui est represents en general sur le plan de lotissement provisoire soumis avec ledit rapport pour la somme de 44 283 $ et que le maire et la greffiere communale soient autoris6s a executer tous les documents n6cessaires. 5.17 Que, comme le recommande le directeur general, The City of Saint John consente a la declaration de D. D. 155 Mystery Lake Ltd. conform6ment a la Loi sur la propriete condominiale pour la parcelle de terrain sise au 155, promenade Mystery Lake, inscrite sous le NID 373381, et que le maire et la greffiere communale signent ('Annexe B Consentement des titulaires de charges, qui accompagne ladite declaration. 5.18 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-55: Interruption de la circulation et fermeture d'un trongon de la rue Elgin, le conseil communal fixe la date d'audiences publiques pour 1'6tude, en vue de son adoption, d'un arrete sur ('interruption de la circulation et la fermeture d'un trongon de la rue Elgin, rue publique, d'environ 4,28 metres carres, qui est representee sur le plan d'arpentage montrant un trongon de la rue Elgin qui accompagne ledit rapport, au lundi 29 mars 2010, a 19 h, a la salle du conseil. 5.19 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-63: Interruption de la circulation et fermeture d'un trongon de la rue Water, le conseil communal fixe la date d'audiences publiques pour 1'6tude, en vue de son adoption, d'un arrete sur ('interruption de la circulation et la fermeture d'un trongon d'environ 36 metres carr6s de la rue Water, rue publique, au lundi 29 mars 2010, a 19 h, a la salle du conseil. 5.20 Voir le point 14.1 5.21 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-60: A Space Needs and Future Usage Analysis (Analyse des besoins en espaces et de Putilisation future - Saint John City Market Tower), la proposition presentee par TOSS Solutions pour mener une analyse des besoins en espace du Marche municipal de Saint John City Market et pour 6valuer les options potentielles ayant trait a ('utilisation future de I'immeuble Tower (tout en consid6rant le cycle de vie, I'accessibilit6, les travaux d'am6lioration en conformit6 avec le code et le patrimoine) a un cout de 45 780 $, la taxe en sus, soit accept6e. 5.22 Voir le point 14.2 5.23 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -62 - Refection de la station de relevement du chemin Gault, le personnel soit autoris6 a 6mettre un bon de commande a O'Brien Electric Co., Ltd., pour la r6fection de la station de relevement du chemin Gault a un cout pr6vu au budget de 40 000 $, calcul6 selon une estimation des travaux. 5.24 Que, comme le recommande le directeur general, le conseil communal approuve I'ajout d'un poste administratif a 1'effectif du service d'incendie en 2010 pour remplacer le poste supprim6 par le depart du titulaire. 5.25 Que, comme le recommande le directeur general, le conseil communal renvoie le rapport soumis a la greffiere communale afin d'6tablir Moraire des pr6sentations donn6es par: 1) Terrain Group sur le plan strat6gique d'am6nagement des sentiers et des voies cyclables; 2) ADI Limited sur I'6tude d'inventaire de ('infrastructure, des installations et des programmes. 28 95 -191 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 Proposition du conseiller Snook Appuyee par le conseiller Farren RESOLU que la recommandation formulee relativement a chacune des questions soumises a I'approbation du conseil, a 1'exclusion des points 5.20 Remplacement du systeme de ventilation de 1'entrep6t du materiel d'entretien situe dans ('avenue Rothesay, soumission 2009 085002T, et 5.22 Coordonnateur du programme de services bilingues du Saint John 225, et qui a ete selectionnee aux fins de discussions, soit adoptee. A ('issue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed By -Law Amendment Stop Up and Close a Portion of Weldon Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed by -law amendment to stop -up and close a portion of Weldon Avenue, by adding thereto Section 208 immediately after Section 207 thereof, with no objections received. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one appearing. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" regarding a portion of Weldon Avenue by adding thereto Section 208 immediately after Section 207 thereof, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John." On motion of Councillor Snook Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" regarding a portion of Weldon Avenue by adding thereto Section 208 immediately after Section 207 thereof, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John." 9. Audiences publiques a 19 h 9.1a) Modification proposee de I'arrete sur le zonage visant la fermeture et le barrage d'un trongon de I'avenue Weldon La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification de 1'arrete sur la fermeture de routes en vue de fermer et de barrer un trongon de ('avenue Weldon et par I'ajout de I'article 208 a la suite de I'article 207, et qu'aucune opposition n'a ete reque. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant a la modification proposee, mais personne ne prend la parole. 29 95 -192 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant un trongon de ('avenue Weldon par I'ajout de I'article 208 a la suite de I'article 207, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». Proposition du conseiller Snook Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant un trongon de ('avenue Weldon par I'ajout de I'article 208 a la suite de I'article 207, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». Items Forwarded from the February 15, 2010 Agenda 1. Economic Development (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the City Manager, in collaboration with key economic organizations in Saint John, examine possible new and innovative delivery frameworks to pursue and deliver new economic opportunities for Saint John. Councillor Higgins suggested that the item be forwarded to the Committee of the Whole for discussion. Question being taken, the motion was carried with Councillor Higgins voting nay. Points reportes de I'ordre du jour du 15 fevrier 2010 1. Developpement economique (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le directeur general, en collaboration avec les principaux organismes economiques de Saint John, examine des cadres nouveaux et innovateurs possibles de prestation pour rechercher et offrir de nouvelles possibilites economiques pour Saint John. La conseillere Higgins suggere de soumettre le point a une discussion du Comite plenier. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 2. Common Clerk: Review of Council's Procedural By -law On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that the report from the Common Clerk entitled Review of Council's Procedural By -Law be received for information. Question being taken, the motion was carried. 30 95 -193 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 2. Greffiere communale : Examen de I'arrete procedural du conseil Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que le rapport de la greffiere communale relatif a 1'examen de 1'arrete procedural du conseil soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 3. City Manager: Hillcrest Aquifer Carrying Capacity Study Referring to a submitted report and presentation S. Herring, representing the Planning and Development department, updated Council with respect to the Hillcrest Aquifer Carrying Study. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that Common Council receive for information the submitted reports from the City Manager and Dillon Consulting Limited entitled Hillcrest Aquifier Carrying Capacity Study respectively, and further, that the City Manager be directed to submit a report to Council by May 1, 2010, outlining a plan to implement the recommendations contained within the Hillcrest Aquifer Carrying Capacity Study. Question being taken, the motion was carried. 3. Directeur general : Etude sur la capacite limite des aquiferes de Hillcrest Mentionnant un rapport soumis et une presentation, S. Herring, representant le Service d'urbanisme et de developpement, donne une mise a jour au conseil relativement a 1'etude sur la capacite limite des aquiferes de Hillcrest. Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que le conseil communal accepte a titre informatif les rapports soumis par le directeur general et Dillon Consulting Limited relatifs a 1'etude sur la capacite limite des aquiferes de Hillcrest, respectivement, et en outre que le directeur general soit enjoint a soumettre un rapport au conseil d'ici le 1,r mai 2010, exposant un plan en vue de mettre en oeuvre les recommandations contenues dans 1'etude sur la capacite limite des aquiferes de Hillcrest. A ('issue du vote, la proposition est adoptee. 4. City Manager: General Specifications — Division 28 Chip Seal Referring to a submitted report, Mr. Galbraith explained the existing policy in The City of Saint John with respect to the use of Chip Seal on roadways and he highlighted the conclusions contained in the report. On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that the City Manager be directed to submit a report to Council with recommendations regarding the existing gravel and un- surfaced public roads owned by the City, and further, the report shall examine the continued use of chip seal as an option for those roads that are currently chip sealed. Question being taken, the motion was carried with Councillors Higgins, McGuire and Snook voting nay. 4. Directeur general : Specifications generales — Division 28 relative a la pose d'enduit superficiel Mentionnant un rapport soumis, M. Galbraith explique la politique existante dans The City of Saint John relativement a ('utilisation d'un enduit superficiel sur les routes et souligne les conclusions contenues dans le rapport. 31 95 -194 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /1-E 1er MARS 2010 Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que le directeur general soit enjoint a soumettre un rapport de recommandations au conseil concernant les routes publiques en gravier et sans enduit qui appartiennent a la Ville, et en outre que le rapport examine ('utilisation continue d'un enduit superficiel comme option pour les routes sur lesquelles un enduit superficiel est pose actuellement. A ('issue du vote, la proposition est adoptee. Les conseillers Higgins, McGuire et Snook votent contre la proposition. 5. Planning Advisory Committee: Proposed Subdivision - 130 Gault Road On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that Common Council: 1) assent to one or more subdivision plans, in one or more phases, with respect to the vesting of the proposed street and land for public purposes, as generally indicated on the submitted plan entitled "Hitachi Crescent Townhouse Development ", as well as any necessary municipal services easements and public utility easement, provided that a note is placed on the final subdivision plan(s) indicating to future landowners that their properties are located within the Emergency Protection Zone for Brunswick Pipeline's natural gas pipeline; and 2) assent to the proposed Land for Public Purposes dedication of approximately 1,852.5 square metres (0.47 acres) in the vicinity of Gault Road, Pipeline Road and Hitachi Crescent; and 3) Authorize the preparation and execution of one or more City / Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. Question being taken, the motion was carried. 5. Comite consultatif d'urbanisme : Projet de lotissement au 130, chemin Gault Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le conseil communal: 1) donne son assentiment a I'un ou plusieurs plans de lotissement, en une ou plusieurs phases, par rapport a la transmission de la rue et du terrain proposes a des fins publiques, comme it est indique de fagon generale dans le plan soumis intitule amenagement de maisons en rangee au croissant Hitachi de meme que les servitudes necessaires pour les services municipaux et les services publics, a la condition qu'une note soit placee sur les plans finaux de lotissement indiquant aux futurs proprietaires que leurs proprietes se trouvent dans la zone de protection d'urgence du gazoduc de Brunswick Pipeline; 2) donne son assentiment a ('affectation du terrain d'utilite publique proposee d'une superficie d'environ 1 852,5 metres carres (0,47 acre) aux alentours du chemin Gault, du chemin Pipeline et du croissant Hitachi; 3) autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, y compris 1'e1aboration de plans de situation et de drainage detailles soumis a I'approbation de I'ingenieur municipal en chef ou de son remplagant. A ('issue du vote, la proposition est adoptee. 7. Proclamation 7. Proclamation 32 95 -195 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 8. Delegations /Presentations 8.1 Nature Trust of New Brunswick and The Friends of Blueberry Hill Referring to a submitted report and presentation, Renata Woodward, Program Director for The Nature Trust of New Brunswick, provided information regarding a proposed trail development at Blueberry Hill (PID number 00295279). She requested that the City contribute $5000.00 in funding towards the project and also in -kind support such as city equipment and machinery to assist in the trail construction. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that Council suspend the requirements of section 10.7 of the Procedural By -law respecting the finalization of matters presented by a delegation. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the report and presentation from The Nature Trust of New Brunswick respecting the proposed Blueberry Hill development be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. 8. Delegations et presentations 8.1 Fondation pour la protection des sites naturels du Nouveau - Brunswick et Friends of Blueberry Hill Mentionnant un rapport soumis et une presentation, Renata Woodward, directrice de programmes de la Fondation pour la protection des sites naturels du Nouveau - Brunswick, fournit de ('information concernant un projet d'amenagement de sentiers a Blueberry Hill (NID 00295279). Elle demande que la Ville contribue un financement de 5 000 $ au projet ainsi qu'un appui non financier comme 1'equipement et les machines de la Ville pour aider a I'amenagement des sentiers. Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le conseil suspende les exigences de I'article 10.7 de I'Arrete procedural relativement a la conclusion des activites presentees par une delegation. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que le rapport et la presentation de la Fondation pour la protection des sites naturels du Nouveau - Brunswick concernant le projet d'amenagement a Blueberry Hill soient transmis au directeur general aux fins de rapport et de recommandations. A ('issue du vote, la proposition est adoptee. 9. Members Comments Council members commented on various community events. (Councillor Higgins withdrew from the meeting) 9. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. (La conseillere Higgins quitte la reunion.) 33 95 -196 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 10. Consideration of By -laws 10.1 Third Reading —Proposed By -Law Amendment to Stop Up and Close a Portion of Hazen Avenue On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", regarding a portion of Hazen Avenue, be read. Question being taken, the motion was carried with Deputy Mayor Chase voting nay. The by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John," was read in its entirety. On motion of Councillor Sullivan Seconded by Councillor Mott RESOLVED that the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John," regarding a portion of Hazen Avenue, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried with Deputy Mayor Chase voting nay. Read a third time by title, the by -law entitled, "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John." 10. Etude des arretes municipaux 10.1 Troisieme lecture de la modification proposee de I'arrete sur ('interruption de la circulation et la fermeture d'un trongon de I'avenue Hazen Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete no M -23, Arrete modifiant I'arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » relativement a un trongon de I'avenue Hazen fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. Le maire suppleant Chase vote contre la proposition. L'arrete intitule « Arrete no M -23, Arrete modifiant 1'arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » est lu integralement. Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que I'arrete intitule « Arrete no M -23, Arrete modifiant I'arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John », relativement a I'avenue Hazen, fasse ('objet d'une troisieme lecture, qu'il soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Le maire suppleant Chase vote contre la proposition. Troisieme lecture par titre de 1'arrete intitule « Arrete no M -23, Arrete modifiant 1'arrete sur ('interruption de la circulation et la fermeture de routes dans The City of Saint John ». 34 95 -197 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 10.2 Third Reading — Zoning By -Law Amendment 130 Gault Road On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -136, A Law to Amend the Zoning By -Law of The City of Saint John," re- zoning a parcel of land located at 130 Gault Road having an area of approximately 2.2 hectares, also identified as being a portion of PID number 00403618, from "RM -1" Three Storey Multiple Residential to "TH" Townhouse, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -136, A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -136, A Law to Amend the Zoning By -Law of The City of Saint John," re- zoning a parcel of land located at 130 Gault Road having an area of approximately 2.2 hectares, also identified as being a portion of PID number 00403618, from "RM -1" Three Storey Multiple Residential to "TH" Townhouse, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -136, A Law to Amend the Zoning By -Law of The City of Saint John." 10.2 Troisieme lecture de la modification de I'Arrete de zonage visant le 130, chemin Gault Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no C.P. 110 -136, modifiant I'Arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 130, chemin Gault, d'une superficie approximative de 2,2 hectares, et inscrite sous le NID 00403618, afin de faire passer la classification de zone d'edifices a logements multiples de trois etages « RM -1 » a zone de maisons en rangee « TH », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -136 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no C.P. 110 -136, modifiant I'Arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 130, chemin Gault, d'une superficie approximative de 2,2 hectares, et inscrite sous le NID 00403618, afin de faire passer la classification de zone d'edifices a logements multiples de trois etages « RM -1 » a zone de maisons en rangee « TH », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -136 modifiant I'Arrete de zonage de The City of Saint John ». 35 95 -198 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 11. Submissions by Council Members 11.1 Lancaster Avenue Property Issue (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that the City Manager be directed to submit a solution -based document to Council, before April 1, 2010, with respect to rectifying the property challenge on Lancaster Avenue. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Probleme NA la propriete de I'avenue Lancaster (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que le directeur general soit enjoint a soumettre un document comportant des solutions au conseil, avant le 1eravril 2010, afin de regler la contestation liee a la propriete, sise a I'avenue Lancaster. A I'issue du vote, la proposition est adoptee. 11.2 Tracking of Council's Motions (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that the City Manager and Common Clerk ensure the following with regard to the quarterly Actionable Item List reports: 1) Time frames for the completion of work for each motion of Council will be included; 2) Updates on the status of incomplete work with regard to motions made prior to January 2009 will be included; 3) All motions of Council be included, by first correcting any current omissions. Question being taken, the motion was carried. 11.2 Suivi des propositions du conseil (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Farren RESOLU que le directeur general et la greffiere communale s'assurent de ce qui suit en ce qui concerne les rapports trimestriels sur la liste des points pouvant faire I'objet de mesures de suivi : 1) les calendriers d'execution du travail se rattachant a chaque proposition du conseil seront inclus; 2) les mises a jour sur la progression du travail inacheve par rapport aux propositions presentees avant janvier 2009 seront incluses; 3) toutes les propositions du conseil seront incluses, en corrigeant d'abord les omissions actuelles. A I'issue du vote, la proposition est adoptee. 11.3 Vacant and Derelict Buildings By -law Implementation (Councillor Snook) On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that subsequent to the adoption of the Vacant and Derelict Buildings legislation, the City Manager be directed to submit a report to Council outlining the level of funding that will be required to adequately resource the implementation and enforcement of the said by -law. Question being taken, the motion was carried. 36 95 -199 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 11.3 Mise en oeuvre de I'arrete concernant les batiments vacants et abandonnes (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU qu'a la suite de I'adoption de I'arrete concernant les batiments vacants et abandonnes, le directeur general soit enjoint a soumettre un rapport au conseil qui indique le niveau de financement necessaire afin d'affecter les ressources adequates pour mettre en oeuvre et appliquer ledit arrete. A ('issue du vote, la proposition est adoptee. 11.4 Alter Criteria for Snow Ban Street Exemptions (Councillor Sullivan) Referring to the submission from Councillor Sullivan, the City Manager expressed concerns about creating parking exemptions for homeowners who possess multiple vehicles. He advised against making changes to the traffic by -law, which prohibits parking on streets during the winter months, noting that he would work towards a solution to the issues outlined in Councillor Sullivan's submission. On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the submission from Councillor Sullivan dated February 26, 2010 respecting altering the criteria for snow ban street exemptions be referred to the City Manager. Question being taken, the motion was carried. 11.4 Modification des criteres relatifs aux exemptions d'interdiction de stationnement sur rue (conseiller Sullivan) Mentionnant ('intervention du conseiller Sullivan, le directeur general fait part de ses preoccupations au sujet de I'octroi d'exemptions de stationnement aux proprietaires qui possedent plusieurs vehicules. II recommande de ne pas modifier I'Arrete relatif a la circulation, qui interdit le stationnement dans les rues I'hiver, en soulignant qu'il recherchera une solution aux problemes presentes dans ('intervention du conseiller Sullivan. Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que ('intervention du conseiller Sullivan datee du 26 Wrier 2010 concernant la modification des criteres relatifs aux exemptions d'interdiction de stationnement sur rue soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. 11.5 ONE Change Application for Neighbourhood Funding (Councillor Sullivan) On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that the City Manager consider the ONE Change application for Neighbourhood funding as soon as possible, and further, that a portion of the grant be released to the organization should it meet the necessary criteria. Question being taken, the motion was carried. 11.5 Demande de ONE Change pour un financement de voisinage (conseiller Sullivan) Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que le directeur general examine la demande de ONE Change pour un financement de voisinage des que possible et en outre qu'une partie de la subvention soit versee a I'organisme s'il repond aux criteres necessaires. A ('issue du vote, la proposition est adoptee. 37 95 -200 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /1-E 1er MARS 2010 11.6 District Energy System: Economic Opportunities (Deputy Mayor Chase) On motion of Deputy Mayor Chase Seconded by Councillor Sullivan RESOLVED that Council request that Enterprise Saint John investigate the opportunities that the District Energy System could provide with respect to attracting new commercial enterprise to The City of Saint John. Question being taken, the motion was carried. 11.6 Systeme energetique au sein du district: Possibilites economiques (maire suppleant Chase) Proposition du maire suppleant Chase Appuyee par le conseiller Sullivan RESOLU que le conseil demande a Enterprise Saint John d'examiner les possibilites qu'offre le systeme energetique au sein du quartier pour ce qui est d'attirer de nouvelles entreprises commerciales a The City of Saint John. A ('issue du vote, la proposition est adoptee. 11.7 Westfield Road Safety Concerns (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that Council receive for information the submitted report from Councillor McGuire dated March 1, 2010 related to Westfield Road Safety Concerns. Question being taken, the motion was carried. 11.7 Preoccupations en matiere de securite concernant le chemin Westfield (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le conseil regoive a titre informatif le rapport soumis par le conseiller McGuire date du 1 er mars 2010 ayant trait aux preoccupations en matiere de securite concernant le chemin Westfield. A ('issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 City Manager: Canada Games Aquatic Centre Roof Replacement On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -58: Canada Games Aquatic Centre Roof Replacement, Council amend its December 7, 2009 resolution by deleting "$1,205,710.00" and replacing it with "$1,491,600.00 ". Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Remplacement du toit du Centre aquatique des Jeux du Canada Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010-58: Remplacement du toit du Centre aquatique des Jeux du Canada, le conseil modifie sa resolution du 7 decembre 2009 en supprimant « 1 205 710 $ » et le remplagant par 1 491 600 $ ». A ('issue du vote, la proposition est adoptee. 38 95 -201 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1" MARS 2010 12.2 City Manager: Public Information Session Newmans Brook Sewer Separation On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the submitted report M &C 2010- 47: Public Information Session — Newmans Brook Sewer Separation be received for information. Question being taken, the motion was carried. 12.2 Directeur general : Seance informative publique relative a la separation de 1'egout de Newmans Brook Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le rapport soumis intitule M/C 2010-47: Seance informative publique relative a la separation de 1'egout de Newmans Brook soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.3 City Solicitor: The Hardman Group Limited — Mortgage to CIBC Mortgages Inc. On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that the Mayor and Common Clerk sign the agreement made as of February 4, 2010 between CIBC Mortgages Inc. and The City of Saint John. Question being taken, the motion was carried. 12.3 Avocat municipal : The Hardman Group Limited Mortgage a CIBC Mortgages Inc. Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que le maire et la greffiere communale signent 1'entente conclue le 4 fevrier 2010 entre CIBC Mortgages Inc. et The City of Saint John. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Committee of the Whole: Recommending Saint John Adventures be Given Authorization to Apply for a Variance on City Owned Property On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that Saint John Adventures be given authorization to apply to the Planning Advisory Committee for a variance on the City owned property required by Saint John Adventures to be used in conjunction with its proposed zip line development. Question being taken, the motion was carried. 39 95 -202 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /1-E 1er MARS 2010 13. Rapports deposes par les comites 13.1 Comite plenier : Recommandation pour que Saint John Adventures soit autorisee a presenter une demande de derogation pour une propriete appartenant a la municipalite Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que Saint John Adventures soit autorisee a presenter une demande de derogation au Comite consultatif d'urbanisme pour une propriete appartenant a la municipalite dont Saint John Adventures a besoin dans le cadre de son projet d'amenagement d'une tyrolienne. A ('issue du vote, la proposition est adoptee. 13.2 Board of Police Commissioners: Future Costs of Policing Services On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the report from the Saint John Police Force dated February 24, 2010, entitled Future Costs of Policing Services, be received for information. Question being taken, the motion was carried. 13.2 Bureau des commissaires de la police : Couts futurs des services de police Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le rapport du Service de police de Saint John date du 24 fevrier 2010 relatif aux couts futurs des services de police soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 13.3 Committee of the Whole: Appointments to Committees On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that Council make the following appointment to a committee: Planning Advisory Committee: to appoint Donald Gillis for a three year term ending December 31, 2012 Question being taken, the motion was carried. 13.3 Comite plenier : Nominations aux comites Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que le conseil procede aux nominations suivantes : Comite consultatif d'urbanisme : Nomination de Donald Gillis pour une periode de trois ans se terminant le 31 decembre 2012. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Ventilation System Replacement Rothesay Avenue Maintenance Garage, Tender 2009 08500T Responding to a question regarding how the project could be re- tendered, the City Solicitor advised that the tendering process requires an examination of precisely what is going to be tendered, noting that there would probably be a requirement to change the scope of the work a third time. He advised that the City would need the advice of the 40 95 -203 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 consultant, in collaboration with the City's Operational staff, to examine what change in the scope of work could be achieved to legitimize a new tender call. On motion of Councillor Court Seconded by Councillor Sullivan RESOLVED that the report entitled Ventilation System Replacement Rothesay Avenue Maintenance Garage, Tender 2009 08500T be referred to the City Manager and City Solicitor to examine the possibility of re- tendering the project. Question being taken, the motion was defeated with the Mayor, the Deputy Mayor and Councillors McGuire, Mott and Snook voting nay. On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -41: Ventilation System Replacement Rothesay Avenue Maintenance Garage, the tender submitted by Fundy Ventilation (2006) Ltd., with the submitted Post Tender Addendum outlining some changes in scope and the corresponding lowered tender price in the amount of $428,547.98, inclusive of HST, for the replacement of the ventilation system at the maintenance garage at 175 Rothesay Avenue be accepted, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried with Councillors Court, Farren and Sullivan voting nay. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Remplacement du systeme de ventilation de 1'entrep6t du materiel d'entretien situe dans I'avenue Rothesay, soumission 2009 08500T Repondant a une question visant a determiner comment le projet peut faire ('objet d'un nouvel appel d'offres, I'avocat municipal indique qu'il faut examiner le processus de soumission afin de determiner ce qui va faire ('objet d'une soumission, en mentionnant qu'il faudra sans doute changer la portee des travaux une troisieme fois. II indique que la Ville devra consulter 1'expert- conseil, en collaboration avec le personnel operationnel municipal, afin de determiner comment changer la portee des travaux afin de justifier un nouvel appel d'offres. Proposition du conseiller Court Appuyee par le conseiller Sullivan RESOLU que le rapport relatif au remplacement du systeme de ventilation de 1'entrep6t du materiel d'entretien situe dans ('avenue Rothesay, soumission 2009 08500T soit transmis au directeur general et a I'avocat municipal pour examiner la possibility de lancer un nouvel appel d'offres pour le projet. A ('issue du vote, la proposition est rejetee. Le maire, le maire suppleant ainsi que les conseillers McGuire, Mott et Snook votent contre la proposition. Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -41 : Remplacement du systeme de ventilation de 1'entrep6t du materiel d'entretien situe dans 1'avenue Rothesay, la proposition soumise par Fundy Ventilation (2006) Ltd., avec I'addenda soumis apres I'appel d'offres qui expose certains des changements dans la portee et le prix propose reduit correspondant de 428 547,98 $, TVH incluse, pour le remplacement du systeme de ventilation de 1'entrep6t du materiel d'entretien situe au 175, avenue Rothesay, soit acceptee et, en outre, que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. A ('issue du vote, la proposition est adoptee. Les conseillers Court, Farren et Sullivan votent contre la proposition. 41 95 -204 COMMON COUNCIL /CONSEIL COMMUNAL MARCH 1, 2010 /LE 1er MARS 2010 14.2 Bilingual Services Program Coordinator Saint John 225 On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the submitted report entitled M &C 2010 -64: Bilingual Services Program Coordinator— Saint John 225, be referred to the City Manager for a more in -depth report. Question being taken, the motion was defeated with the Mayor, the Deputy Mayor and Councillors, McGuire, Mott, Snook, and Sullivan voting nay. On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -64: Bilingual Services Program Coordinator — Saint John 225, the proposal for the provision of professional services submitted by Michele C. Brideau Consulting Ltd. at a cost of $40,000 plus tax be accepted. Question being taken, the motion was carried. 14.2 Coordonnateur du programme de services bilingues du Saint John 225 Proposition du conseiller Court Appuy6e par le conseiller Farren RESOLU que le rapport soumis intitule M/C 2010-64: Coordonnateur du programme de services bilingues du Saint John 225, soit transmis au directeur general pour preparer un rapport plus approfondi. A ('issue du vote, la proposition est rejetee. Le maire, le maire suppl6ant et les conseillers McGuire, Mott, Snook et Sullivan votent contre la proposition. Proposition du maire suppl6ant Chase Appuy6e par le conseiller McGuire RESOLU que, comme le recommande le directeur g6n6ral dans le rapport soumis intitule M/C 2010-64: Coordonnateur du programme de services bilingues du Saint John 225, la proposition portant sur la fourniture de services professionnels soumise par Michele C. Brideau Consulting Ltd. au cout de 40 000 $, taxes en sus, soit acceptee. A ('issue du vote, la proposition est adoptee. 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 9:30 p.m. 16. C16ture de la seance Le maire declare que la seance est levee a 21 h 30. Mayor /maire Common Clerk /greffiere communale 42 SAINT JOHN One Market Square, Suite 301 WATERFRONT Saint John, New Brunswick EA 476 Tel: 506.674.4278 / Fax: 506.649.6068 DEVELOPMENT Email: info @sjwaterfront.com Website: www.sjwaterfront.com His Worship Ivan Court And Members Common Council 15 Market Square C.P. 1971 Saint John, New Brunswick E2L 41-1 Dear Mayor Court and Common Council, March 10, 2010 Saint John Waterfront Development would like an opportunity to address the Common Council Meeting on March 29, 2010 to present the Reversing Rapids and Lower River Passage Master Plan for Common Council approval. The approval of the Master Plan by City Common Council will allow our organization the opportunity to aggressively pursue matching funding from Provincial (RDC) and Federal (ACOA) agencies. As well, with Common Council endorsement, this major multi -year project will gain substantial momentum and marketability for potential private funding opportunities. The Reversing Rapids and Lower Passage Plan was presented to Common Council in November of 2008 as a progress report and for information purposes. Since then our organization has asked for and received significant positive input from the general public and related stakeholders. An executive summary of the Master Plan will be sent to the Common Clerk's office to be included in the Common Council package for the March 29, 2010 meeting with a formal presentation to be conducted at the March 29 Common Council Meeting. Regard KentUAC- Inure General Manager 64 5aintJohn ENTERPRISE a Board of Trade SAINT JOHN 43 P _ RTvv -- -.- i City of Saint John 43> The Hardman Group Limited March 1, 2010 City of Saint John — Common Clerk's Office PO Box 1971 Saint John, NB E21, 4H1 Attention: Mayor Ivan. Court & Council Dear Mayor & Council: As New Brunswick's Festival Place, Market Square is gearing up for another season of providing shopping, dining, and entertainment to our community, and the world over. Market Square is a cornerstone of the Uptown region. Throughout the year, we cater to thousands upon thousands of visitors from across the region, and across the globe. It is our pleasure to deliver events each and every single day of the summer season - all at no charge! It is in partnership with our own Tenants, and key businesses within our community, that The Hardman Group is able to provide these events to act as a foundation for the Uptown, and the Development region as a whole. Management One of our priorities for the upcoming summer season is to ensure that the variety of Consulting organizations and events that occur in Saint John can collaborate, rather than compete, on our efforts. It is with particular interest that we consider the ability of Saint John's 225th birthday Brokerage that can act as this umbrella. A significant number of our events would benefit from, and also be a benefit to, these endeavors. It is with our municipal government's support that we see the ideal opportunity to continue to raise the bar of our efforts, and to more firmly establish our community as being home to New Brunswick's Festival Place! We respectfully request the opportunity to present our extensive marketing plan to you and discuss the many ways our partnership will be beneficial for the City of Saint John: its infrastructure, and its citizens. We look forward to hearing from you with a date and time that we may have the opportunity to present our plan to you. In the interim, please do not hesitate to contact me with any questions you may have. Yours ver truly, q IF4 r "x An-Gr_oup Limited freather Peterson Regional Property Manager One Market Square, Saint John, New Brunswick Canada E2L 4.Z6 Tel 506.658.3600 Fax 506.658.3605 44 Eric L. Teed, O.C, C.D, Q.C. B.Sc, B.A, B.C.L, Kt.d Donnebrog 1019 Seawood Lane, Saint John, NB, E2M 3G8 Tel: (506) 672 -6856 Non - Professional Office: 55 Canterbury Street, Suite 102 P.O Box 102, Saint John, NB, E21- 2C6 Tel: (506) 632 -0096 Fax: (506) 632 -9114 Common Council City of Saint John City Hall, 81' Floor P.O. Box 1971 Saint John, N.B. E21- 41-1 Your Worship and Councillors: March 5u' , 2010 RE: GEOPARK PROMOTION Further to my letter of February 23,d concerning the future site of a Stone Hammer Geopark development and that the City should be supportive. Further actions which could be useful has taken place. Following a meeting in the City it became clear many citizens do not understand the economic benefit such a development could be. I have sent a letter of congratlations to Randy Miller, the Provincial Geologist. He has been awarded the Atlantic Geoscience Gesner Medal. Gesner was the founder of what later became the New Brunswick Muesum. It is also signifgant that the development of such a Geopark could be the first Geopark in North America and be a world wide attraction bringing visitors and scientists, geologists, and historians to this City. Yours tr, y, 45 Eric L. Teed, O.C, C.D, Q.C. B.Sc, B.A, B.C.L, Kt.d Donnebrog 1019 Seawood Lane, Saint John, NB, E2M 3G8 Tel: (506) 672 -6856 Non - Professional Office: 55 Canterbury Street, Suite 102 P.O Box 102, Saint John, NB, E2L 2C6 Tel: (506) 632 -0096 Fax: (506) 632 -9114 Mayor Ivan Court and fellow Members of Council City of Saint John March 9111, 2010 City Hall, 8th Floor P.O. Box 1971 Saint John, N.B. E2L 41_1 RE: Honouring a Canadian Sports Hero Your Worship and Councillors: It was with real interest to learn about the events when Nathan Dow and wife became parents a few moments before the father of Sidney Crosby made the award winning goal. It is suggested as this now famous hockey player and father who was from Saint John be honoured by Saint John City in a method which only Saint John can do because of the wording of the City Charter namely make Sidney Crosby a "Freeman" of the City of Saint John. This would not only be unusual but bring notariety to Saint John as Canada's First City and the only city which can make a person a "Freeman" of the City. The actual ceremony to be arranged at some time convenient to the recepient and such other dignitaries as might be willing to attend, could be a real form of notariety for the City. While it is understood it may have to be unamious I would hope all Councillors would agree. KEVIN BARRETT TEL GRAPH - JOURNAL SAINT JOHN — Syd the Kid probably wondered what all the fuss was about. That's right, Syd, as in Sydney Marie Dow, who was born at the Saint John Regional Hospital Sunday at 6:29 p.m., just moments before another Sid the Kid — Sidney Crosby — electrified Cana- dian sports fans with his golden Olym- pic moment in the men's hockey final against the United States. Sydney's arrival in the Port City came as a nation held its collective breath with the country's hockey stars locked in a power play with the United States for Olympic hockey glory more than 4,000 kilometres away. "We had people texting us the score after every period, said Trim Dow, the CINDY WILSON/TELEGRAPH-JOURNAL Kim and Nathan Dow hold their newborn baby girl, Sydney, who was born moments _ . ^, _ . _ . _ _ ......... before Sidney Crosby scored the winning PLEASE SEE--> BIRTH, A2 goal in the Winter Olympics. Couple thought they'd get chance to watch game BIRTH +- .A1 proud mother of Sydney, who was named in Crosby's honour. While Kim, a respiratory therapist at the hospital, and her husband, Nathan, had other choices for a name in mind, Crosby's goal ignited a wave of celebra- tion across the country that extended in- side the hospital, leaving them with one obvious option. "She kind of came with the name," ex- plained Kim, 27, who returned to her home in Quispamsis Tuesday. "Sidney scoredthe goal,so she shouldbe Sydney" Sydney was not due until mid- March, but that ail changed oil the weekend when, ironically enough, Nathan was playing pickup hockey. When he finished an ex- tended session Saturday night, he received a call from Kim --her water had broken. During the frantic drive home, the gas gauge light came on in Nathan's car. He also stickhandled around a few deer in the Rothesay area as precious minutes felt like hours. "It seemed like I would never get home, the 29-year-old sheet metal worker said. Once he made it, he and Kiln rushed to the hospital but, after consulting with their doctor, the couple returned home that night, assured the baby was fine and everything was progressing nicely, de- spite being two weeks ahead of schedule. Unsure of exactly when they might have to go back Sunday, they thought, given their love for all of the Olympic coverage they had watched on television since the opening ceremony, they might get a chance to watch the big game be- tween Canada and the United States. Kim is an avid curler who represented the province at the 1999 Canada Gaines in Corner Brook, N.L., while Nathan is an avid hockey fan and player, who en- joys regular pickup games, such as the one last Saturday night at the Lord Bea - verbrook Rink. "We stayed home thinking maybe we could watch the game, but we went to the hospital at 4 p.m. and the game start- ed at 4:15 p.m.; `Kim said. She added, laughing: "We didn't see any Of itf "It wasn't even on my mind," Nathan said of his thoughts once back at the hos- pital. "Everyone was making a huge deal about it and, normally, I would be, too, but (hockey) was the furthest thing from my mind.' Still, through the intensity of the deliv- ery, they were getting regular game up- dates. Friends, eager to keep them informed, sent text messages after each period. As the tension grew inside the delivery room — and Canada Hockey Place in Van- couver — the information kept coming, verbally instead of electronically. "Just before she was born, they came in and said the score was 2 -1 and there was one minute and 50 seconds left to play," Kim recalls with vivid detail. "So we thought we had it in the bag. But after she was born, they told us they tied it up." Less than three hours after Kim checked into the hospital, Syd the Kid arrived at 6:29 p.m., healthy and thriving at six pounds, 2.5 ounces and 22.5 inches tall. Shortly thereafter, Sid the Kid, 22.5 years old, arrived on the grandest of Olympic stages, converting a pass from Jarome Iginla for the clinching goal in overtime. "We were waiting for Sydney to get cleaned up and we could hear everyone 47 start cheering, so we knew we won;' Kim said of the atmosphere surrounding her daughter's first mordents. "We didn't know what (gender) she was and then they told us she was a girl, so we were taking that all in. Once our family came in, and even the nurses, they were saying you should name her Sydney." If they had a boy, they were going to go with Douglas, honouring Kim's late father, an avid sportsman who, Kim says, would have enjoyed how his grand- daughter's name was chosen. For a girl's name, Aubrey was No. 1 on their list, but the gold -medal goal changed everything. "It was never on the shortlist or any list at all;" Nathan said. "We were wrapped up in the excitement of the moment and it was kind of a joke at the start, but it stuck. Once we looked at her and thought of the other names we had, it was the name to choose ... it was the right thing." After the baby was born, the couple spent the remainder of the night getting some rest, receiving congratulations and juggling name suggestions — well, one naive suggestion in particular. At about 11 p.m., they decided it would be Sydney. Still, they slept on things until the morning when Kim's mother, Debbie O'Bryant, landed in Saint John after re- turning from Florida, where she is spend- ing the winter with her husband Jack O'Bryani. When Debbie arrived, Kim and Nathan made everything official Monday. "Everything is great," said Nathan, the son of Christine and Robert Dow of Saint John. "Sydney is a healthy, beauti- ful baby girl:' K e'km populaire- d' Aa >rdie Multiplions nos rendez -vous magrdues 220, bout. Saint - Pierre Ouest, bureau 302, Caraquet, Nouveau- Brunswick Canada E1W lA5 T61: 506,727,0920 • T616c : 506.727.09 • tpaUtpacadie.ca • www.tpacadie.ca February 10, 2010 Honorary Chair Camille H. Theriault Mayor Ivan Court and Councillors City Hall 15 Market square, C.P. 1971 Honorary members Saint John, N. -B. E21, 4L1 Fernand and Ghislaine Arsenault Marshall Button Your Worship and City Councillors, Raymond Cormier Founded in 1974, Theatre populaire d'Acadie (TPA) is the first Raymond Glonet, Dhc professional French - language theatre company established in New Brunswick and the only French theatre company in Canada Louise Imbeault (including Quebec) to systematically tour all its productions in a Antoine Landry, C.M. structured network. TPA has presented more than 100 different Rosemarie Landry, C.M., ohc productions and the company is a cultural organization that has earned the recognition and respect of its peers, along with a host of Viola Leger, o. c. coveted awards and distinctions. Clare McCain TPA reaches all the French - speaking communities in the Maritimes Lorio Roy and has made a name for itself on French stages in other parts of Pere Zoel Saulnler, Dhc Canada and in Europe as well. In fact, some 15 regions in Atlantic Jean - Claude Savoie Canada host performances by the TPA twice a year, along with another 15 or more regions in the rest of Canada, translating into a Andrei Zaharia total of more than 15,000 adult spectators. Campaign Cabinet Moreover, close to 20,000 young people have gained a greater Lucille Collette appreciation of theatre thanks to the shows presented in the school Co -chair system. From an economic standpoint, the spin -offs of TPA's Jean Lantelgne activities amount to more than $3 million annually. Co -chair Rene Cormier Now more than ever, as Theatre populaire d'Acadie strives to grow and flourish, it must diversify its sources of revenue so as to better Rene Legacy consolidate its gains and undertake new initiatives. In order to meet Sylvie Nadeau these formidable challenges, the company is launching a major fund- raising campaign to amass the sum of $1.5 million. Through this Jacques Robichaud crucial campaign, $1 million will be added to the $332,000 already Louise Robichaud in the company's endowment fund. Pierre Saint -Cyr It should be noted that the Department of Canadian Heritage offers a Claude Dessureault Chair of the Board directors program of matching funds. In accordance with this program, a portion of every dollar raised for an endowment fund by a cultural Maurice Arsenault organization like TPA is matched by the Department. The matching Artistic and executive director funds will serve to considerably augment endowment fund and in Yves Blanchard doing so, it will be able to maintain its existing programs and make Campaign Director them self - sufficient through the interest generated on the fund. .. /2 Multiplions nos rendez -vous magrdues 220, bout. Saint - Pierre Ouest, bureau 302, Caraquet, Nouveau- Brunswick Canada E1W lA5 T61: 506,727,0920 • T616c : 506.727.09 • tpaUtpacadie.ca • www.tpacadie.ca Theatre populaire d'Acadie As the Cultural Capital of Canada in 2010, the city of Saint -John is well known for its promotion and its support of arts and culture. We are proud that Saint -John is part of our touring network of the Maritime Provinces where we stage one or two professional French theatre plays every year. Through our youth theatre and our educational activities, students from Centre scolaire Samuel -de- Champlain and those from schools offering a French Immersion program, will continue to have access to French language theatrical activities. The success of this campaign will enable the TPA to contribute more to enriching the arts and cultural of Saint -John resulting in: • Raising the number of productions presented in Saint -John; • More plays for young audiences will be offered to the schools in Saint -John; • The youth of Saint -John will have access to more educational activities (such as Youth Theatre Festival, summer camps for the dramatic arts as well as various themed workshops) Finally the Arts and culture sector generates wealth, attracts creative people and improves the community's quality of life. For all the reasons above, we invite the city of Saint -John to do the action of an exceptional contribution of $ 5 000 per year for five years. TPA is the only professional French - language theatre company whose mission is to tour in New - Brunswick. There is therefore need to unite our efforts and a contribution of the City of Saint -John, which is part of our touring network, is crucial to the success of the campaign. Already towns of Caraquet ($35,000), Shediac ($25,000) and Shippagan ($5,000) support this campaign and your commitment will be for us a trusted brand and will launch a positive message to other cities that benefit from our activities and for which we ask financial support. We would also be happy to make a presentation at a council meeting and answer any questions you may have. You can contact Yves Blanchard (727- 0937), campaign director for setting the appointment. Thank you for your interest and we look forward to meeting you and your council. Yours truly, MA Patrick Sohy // Maurice Arsenault Volunteer /// Artistic and Executive Director Donation's committee of Saint -John Pcc Th6o Gagnon, TPA's board member Representative of Saint -John region P.S. The TPA's major fundraising campaign is equipped with a donor recognition programme that proposes various ways to recognize donors' contributions. We will be happy to discuss the programme with you in greater detail at your convenience. 49 AQ Theatre populaire d'Acadie Expanding our magical encounters Major Fund - Raising Campaign Case Statement Since its inception, Theatre populaire d'Acadie (TPA) has presented more than 100 different productions. Season after season, TPA takes to the road to perform for audiences in all Acadian regions of the Maritimes. The company's productions are a vibrant reflection of the population's daily life. Not only does TPA reach all the francophone communities in Atlantic Canada, it has also made a name for itself on French stages in other parts of Canada and in Europe. Featuring original creations, contemporary theatre and scripts from a classical repertoire, TPA puts on a diverse range of shows reflecting a variety of artistic approaches for both adult and young audiences alike. In so doing, Acadian dramaturgy is given top priority. The Curtain Rises Established to Fill a glaring void, the curtain first rose on Thdatre populaire d'Acadie in 1974. According to the driving force behind the creation of TPA, Rdjean Poirier, the time had come for Acadia to have its very own professional theatre company. At the time, the Universitd de Moncton's Department of Dramatic Arts was releasing its first graduates, and the desire to create and act was increasingly being felt among Acadian artists. With much enthusiasm and the knowledge that he was creating something important, Rdjean Poirier founded Les Productions de l'Etoile in the spring of 1974 — a company that still exists today and oversees the administration of Thdatre populaire d'Acadie. In its very first year, the company put on Tete d'eau, a play penned by Laval Goupil. The following year, it staged Louis Mailloux, the famous production by Jules Boudreau and Calixte Duguay. Already the young company had succeeded in making its mark and propelling itself into the ranks of professional companies. A new theatre company had been born and we knew it was serious, but in order for it to develop further, it needed a roof over its head. In its early years, TPA settled into a building called the Boite- Thdatre, an old disused shed that once housed a fish salting plant and still gave off a smell of the sea. This venue, which TPA still manages today, encompasses set and costume workshops and a 125 -seat hall. The Boite- Thdatre is located in Caraquet, a French town of about 4,500 inhabitants in the Acadian Peninsula of northeastern New Brunswick. 1 50 r A Touring Company In 1984, Theatre populaire d'Acadie confirmed its status as a provincial company by creating a touring network throughout New Brunswick — a network that would expand over the years and spill across provincial borders. TPA also went through some very difficult years. In 1992, a fire at the Vieux - Couvent that housed its offices destroyed all the company's work documents and archives. But the company got back on its feet and started up again in 1993 in even finer shape, expanding its touring network to the delight of the general public and young audiences alike. In the year 2000, TPA devised an audience development policy and set up strategies aimed at expanding attendance. Although its head office is located in a very culturally rich region — the Acadian Peninsula — the economic situation there is poor and the exodus to cities is increasingly marked. In expanding its audience via a touring network, TPA has been able to rely on a larger public that is scattered throughout the Acadian regions of the Maritimes in both urban and rural areas. The year 2004 marked another high point in the company's history --- the inauguration of the performance hall in the Centre culturel de Caraquet. This well equipped multi - purpose hall with variable geometry is now used by TPA for its own theatre creations. A Primarily Acadian Repertoire and Team With more than 100 productions under its belt, the company's repertoire includes numerous Acadian scripts, including Le filet, Les Bessons, Ernest et Etienne, Le Djibou ou I'Ange deserteur, La Mariecomo, Laurie ou la vie de galerie, Pour une fois, La petite ombre and Murmures. In addition, TPA has produced four different interpretations of the musical drama Louis Mailloux. Significant Achievements, Major Economic Repercussions Today, TPA has an annual budget of approximately $1.1 M. The company relies on seven permanent employees, 100 freelance personnel, a network of more than 100 volunteers, and a Board of Directors whose members come from all over New Brunswick and represent various spheres of activity in our society. Its sound administration and well -run operations enable the company to manage two performance halls, as well as an endowment fund totalling $332,000. The economic spin -offs of TPA's activities amount to several million dollars annually. Theatre populaire d'Acadie is the most senior professional French - language theatre company in New Brunswick. Moreover, it is the only French theatre company in Canada (including Qu6bec) to systematically tour all its productions in a structured network. TPA's scope of influence extends to all French - speaking communities in the Maritimes, and its plays have also been presented elsewhere in Canada, in France, and in Belgium. Fifteen regions in Atlantic Canada host performances by TPA twice a year, with another 15 or more regions welcoming the company elsewhere in Canada, much to the delight of adult audiences numbering more than 15,000. In addition, close to 20,000 young people have come to appreciate theatre thanks to the shows presented in the school system. Training for Young People The Festival de theatre jeunesse en Acadie, which was created by TPA, brings together French- speaking youth from all regions of New Brunswick. Now marking its 10`h year, this event draws more than 200 young people from all over the province to the Centre culture] de Caraquet. During the three days of the Festival, 10 to 12 school drama troupes present their productions and participate in training workshops led by professionals. Theatre populaire d'Acadie also organizes summer camps in dramatic arts each year, in which some 60 young people explore the various facets of theatre. 5� Important Partnerships TPA has developed partnerships with the Universit6 de Moncton's Department of Dramatic Arts, the "socidtds culturelles ", presenters that have been hosting its plays for many years, and with other theatre companies with which it has co- produced certain shows. Moreover, new partnerships are continually being forged. Growing Influence and Numerous Distinctions TPA is a renowned and respected cultural organization, as its many awards and distinctions attest to: • 2008: Prix Eloizes "Artiste de 1'ann6e en theatre" awarded to actor Claire Normand for her performance in the play L'Annee du Big -Mac • 2007: Cultural Organization of the Year, Gala Commerc'Or award presented by the Grand Caraquet Chamber of Commerce • 2007: Prix Eloizes "Spectacle de 1'ann6e" for the play Conte de la Lune • 2007: Prix gloizes "Artiste de 1' annde en theatre" awarded to actor Christian Essiambre for his performance in the play Conte de la Lune • 2007: Prix ZOF du partenariat awarded by the F6d6ration culturelle canadienne- frangaise • 2007: Masque de la production Franco- canadienne for the play L'Annee du Big -Mac 0 2006: Masque du public Loto- Qudbec for the play Grace et Gloria • 2006: Masque de la production Jeunes publics for the play Conte de la lune • 2006: Prix Acadie- Qudbec awarded by the Socidtd nationale de l'Acadie • 2004: Prix tloizes "Spectacle de l'annde" for La Sortie au theatre • 2004: Prix tloizes "Artiste de l' annde en theatre" awarded to actor Isabelle Roy for her performance in La Sortie au theatre • 2003: Prix "Organisme artistique de 1'ann6e" awarded by the New Brunswick Foundation for the Arts 0 2003: Prix Coup de cceur awarded by the Belgian French press at the Rencontres de theatre jeune public in Huy, Belgium for the play La petite ombre • Several shows nominated at the Soirde des Masques organized by the Acaddmie qudbdcoise du theatre (Novecento: pianiste, 2005; La petite ombre, 2003; Le jeu de l'amour et du hasard, 2002; Pour une fois, 2001; Mentire, 2000; and Laurie ou la vie de galerie, 2000) 2002: Prix tloizes "Artiste de 1'ann6e en th6atre" awarded to stage designer Luc Rondeau for Le jeu de l'amour et du hasard • 2000: Prix "Gestionnaire de 1'ann6e du Conseil dconomique du New Brunswick" awarded to the company's artistic and executive director • 2000: Prix Racines "Ambassadeur de 1'annde" awarded by the Conseil provincial des socidtds culturelles 51 Mission: "To create, produce, disseminate and extend the influence of theatre from here and elsewhere." To fulfill its mission, TPA has set 10 concrete objectives that each team constantly strives to meet: • Form and maintain a professional theatre touring company that targets the adult population as well as young audiences, and that primarily serves the Acadian and French - speaking communities of New Brunswick and the other Maritime provinces • Strive for excellence in the theatre domain • Encourage the creation of dramatic scripts by Acadian playwrights by producing them on stage • Produce plays from Acadian, Canadian and universal repertoires • Further the professional development of performance artists • Foster exchanges and contacts in the arts field • Serve as a spokesgroup for Acadian theatre on the national and international scene • Promote Acadian talent • Work toward the advancement, development and flourishing of the arts, and of theatre in particular • Generate greater awareness of culture and the arts Values and Guiding Principles • The centrality of the French language and Acadian culture within TPA's provincial activities • The importance of ensuring the presence of Acadian speech in the public arena • An open outlook toward the world • Respect for the overall development of young people -- considering young people as a full- fledged audience in its own right, rather than merely as a future public (i.e. not taking artistic shortcuts or making artistic compromises under the pretext that a young public does not have the same financial means) • The necessity of taking into account the social, economic and cultural realities and level of education of the public in various French- speaking and Acadian regions • The well -being and occupational safety of TPA's permanent and contractual employees (importance of job satisfaction, good working conditions, policies for human resources management) • The valued role of creativity and artistic expression • Honesty and integrity with employees, the public and partners • Great emphasis on artistic excellence • Sound and responsible management and good governance of the organization • The importance of education and transmission of knowledge about the theatre • Recognition and appreciation of theatre artists and their work by the public A Highly Important Mission for the Development of Communities... But Resources Are Limited Acadian organizations that host TPA's productions do not have the budgets to offer fees that are comparable to other French - speaking regions in Quebec and Ontario, to the point where presenting productions in the Maritime provinces poses special financial challenges for both the general public and the school system. In Atlantic Canada's Acadia region, theatre artists still have very few places where they can create and disseminate their work. Aside from two professional theatre companies (TPA and L'Escaouette), a few small companies that are often self - managed, and theatre activities in tourist attractions like Le Pays de la Sagouine and the Village Historique Acadien, these artists have very few employment possibilities. Vision for Development: "That the TPA be recognized as a MAJOR centre for creating, producing, disseminating and hosting high- calibre productions reflecting a diverse range of artistic approaches. The company is committed to ensuring that its works can be appreciated by a broad public (primarily in New Brunswick) and to maintaining a cultural bridge between Acadia and the world." Strategic Objectives for Achieving Significant Development 1. According greater importance to developing its audience and to the relationship it maintains with its public TPA is dedicated to drawing new audiences and generating exchange between creators and spectators so that the latter are better equipped to appreciate the work, develop their critical faculties, expand their knowledge, discover other artistic approaches, and speak favourably about the theatre to other people in their community, thus piquing their interest in coming to the theatre. In so doing, TPA is striving to: • expand its public and build its loyalty • develop a public that is more receptive to a range of different artistic approaches • develop a greater sense of affiliation to the company among the public • cultivate closer ties with the community by hiring one or more development officers in the regions 2. Guaranteeing that artists have permanent access to highly professional infrastructures to create, produce and disseminate their works The theatre company wants to assure long -term management of the performance hall at the Centre culturel de Caraquet and offer more regular theatre programming in that hall. In so doing, TPA is committed to: • more effectively manage the performance hall at the Centre culturel de Caraquet • redevelop the Boite- Theatre as a place for young artists to experiment, explore, develop their skills and put on their work, as well as maintaining it as a centre for production and creation and a complementary performance venue for the company • enhance and develop the company's general effectiveness 3. Focusing greater importance on the research and development of artistic projects and facilitating Artistic exploration There is no discovery without research, and new developments are central to the advancement of the company, which wants to present varied artistic approaches that are nonetheless of the highest calibre. In so doing, TPA is dedicated to: • enhancing the quality of its performances • ensuring theatrical innovation • endowing the upcoming generation of artists in Acadia with the facilities and infrastructures to explore, create and disseminate their work • setting up a resource centre specialized in dramaturgy from the French - speaking community that would be open to theatre professionals and the community 4. Associating with solid and committed partners at the local, provincial, national and international levels In joining with partners, TPA can open up new avenues for itself. This includes new approaches as well as access to new markets, which further opens Acadia to the world. In so doing, TPA wishes to: • expand its markets • consolidate its youth education activities • ensure effective networks for disseminating its work to the general public and to young audiences • increase and stabilize the company's funding 51 Meeting the Needs: Spin -Off Effects That Will Benefit the Entire Community The major fund - raising campaign for the Theatre populaire d'Acadie will be held over a five -year period. The majority of the funds raised (over 65 %) will be invested in an endowment fund to augment the company's existing fund of $332,000. Over the course of the campaign, part of the funds raised will be used to manage the fund - raising effort and finance the work of setting up the programs. TPA Needs ad Cost Breakdown Sectors covered Setting up the Endowments in Financial needs by the campaign programs addition to the 2008 -2013 2008 -2013 existing $332,000 ► Youth theatre $150,000 $300,000 $450,000 (more frequent productions and more widespread dissemination in N.B.) ► Greater presence in the regions $225,000 $450,000 $675,000 (shows for the general public, offering three tours a ear) ► Educational activities and $125,000 $250,000 $375,000 support for the upcoming eneration 00- TOTAL 1 $500,000 $1,000,000 $1,500,000 Thanks to the fund - raising campaign, the sum of $1,000,000 will be added to the $332,000 already in the existing endowment fund. It should be noted that the Department of Canadian Heritage offers a program of matching funds. In accordance with this program, a portion of every dollar raised for an endowment fund by a cultural organization like TPA is matched by the Department. TPA will work to obtain the Department's financial participation, which will considerably augment its endowment fund. The company will then be able to maintain the programs that are set up and make them self- sufficient through the interest generated on the fund. ► Youth theatre (Theatre jeunesse ) (more frequent productions and more extensive dissemination throughout N.B.): $450,000 Ensure the development, production and, above all, dissemination of plays designed for youth in Acadia Youth theatre is just as costly to produce as theatre for the general public, but it brings in far less revenue because children are not able to pay the same price for a ticket as adults. Moreover, the fees paid to TPA for presenting youth shows in the Maritimes are much lower than what the company receives when it plays in Quebec or abroad. Finally, TPA's tours in its home province are not eligible for federal assistance grants, and unlike other provinces, New Brunswick has no assistance program for theatre tours. As such, the company's home province is the one where it is most difficult to put on youth shows! ► Greater presence in the regions (offering three annual tours of shows for the general public): $675,000 Maintain closer and more regular ties with the general public in Maritime regions (more regular tours, activities to develop the theatre public, educational activities, surveys, etc.) TPA wishes to play in the regions with three productions every year geared to the general public, to build audience loyalty, and to offer the public more diversified high- calibre works. It is committed to developing much closer ties with this public, a commitment that requires additional resources to fulfill. ► Educational activities and support for emerging artists (the upcoming generation): $375,000 a) For young people: i. Expand the youth theatre festival in Acadia (Festival de theatre jeunesse en Acadie) and enable more young people to take part ii. Consolidate the organization of camps in the theatre arts iii. Organize other training and facilitating initiatives reaching hundreds of young people throughout New Brunswick 5� b) For young professional artists: i. Offer professional development workshops ii. Serve as a facility for practical training placements for student trainees iii. Create room for emerging artists in TPA's programming, particularly in the L'Estival du Thec3tre populaire d'Acadie, a festival held every summer in July and August iv. Provide an experimental program for emerging professional artists, offering them work facilities and equipment and putting them in contact with established artists V. Offer young professional artists opportunities to hone and develop their skills in the practice of theatre (public readings, open stage and other initiatives) vi. Support writing projects as of the initial phases of the work c) For the community in general: i. Establish a resource centre specialized in dramaturgy from French- speaking countries ii. Produce and distribute documentation on Acadian theatre (written, photographed, recorded, etc.) This component will be brought to fruition with the help of partnerships with various organizations and educational institutions. Supporting our culture's vitality! "The professional theatre community in Acadia needs to be supported. It is essential to strive to improve the creation, production and dissemination of Acadian plays by supporting the vitality of the Th6atre populaire d'Acadie. TPA wants and needs to have a far - reaching influence that extends to all French- speaking regions in the Maritimes and beyond! The upcoming generation of theatre professionals particularly needs to be supported in order to ensure the cultural development of the younger generation. The dissemination of plays for a young public must be improved and more young people must be able to have access to high - calibre professional theatre that is created in Acadia and presented in their language. It is time to consolidate our achievements and build a solid foundation that will not only enable TPA to grow and develop, but Acadia as a whole. It's now or never!" -- Camille Theriault, President and CEO of the Mouvement des Caisses populaires Acadiennes 576 • � populaire d'Acadie Cabinet et comite d'honneur de la campagne majeure Cabinet • Lucille Collette, copresidente Presiente, Collette consultant, Moncton Ancienne Vice - recteure a I'Administration de I'Universite de Moncton Ancienne Directrice gendrale du district scolaire 1 • Jean Lanteigne, copresident Directeur gdndral de la Federation regionale acadiennes des pecheurs professionnels Ancien president de AFMNB Ancien maire de Bas - Caraquet • Jacques Robichaud, tresorier Retraitd, ancien administrateur de Radio - Canada Atlantique • Rene Legacy, President des dons majeurs Vice - president Communication et Stratdgie, Federation des Caisses Populaires Acadiennes • Sylvie Nadeau, copresidente campagne famille Directrice gdndrale, Bibliotheque publiques du Nouveau- Brunswick • Rene Cormier, copresident campagne famille Ancien directeur artistique et general du TPA Directeur des Etats generaux des arts et de la culture dans la socfete acadienne au Nouveau- Brunswick. Directeur artistique du CMA 2009. • Louise Robichaud, copresidente Programme de sensibilisation du public Directrice administrative associde chez DPG communication • Pierre Saint -Cyr, copresidents Programme de sensibilisation du public President, DPG communication de Caraquet • Line Doiron : vice- presidente, dons speciaux- generaux, Peninsule acadienne Directrice exdcutive de I'association des CBDC du N. -B. • Claude Desssureault, president du conseil d'administration du TPA Vice - President region Nord du N. -B. de RBC Banque Royale • Maurice Arsenault, directeur artistique to general du TPA • Yves Blanchard, directeur de la campagne 57 Theatre populaire d'Acadie Comite d'honneur President comite d'honneur Honorable Camille H. Theriault, ancien premier ministre du Nouveau - Brunswick et actuel President et chef de la direction du Mouvement des Caisses populaires acadiennes* Membres e Fernand et Ghislaine Arsenault : Fernand a occupe le poste de doyen de la Faculte des arts de I'Universite de Moncton de 1985 a 1994 e Marshall Button : comedien connu pour sa personnif!cation de Lucien. e Raymond Gionet : President international 2008 -2009 des Richelieu International Ancien PDG des Caisses populaires acadiennes. e Louise Imbeault : Directrice de Radio- Canada Atlantique e Antoine Landry : Maire de Caraquet e Raymond Cormier ; Maire de Shediac e Rosemarie Landry : cantatrice et Professeure agregee. Responsable du secteur chant Universite de Montreal) e Viola Leger : Comedienne, ancienne senatrice e Clare McCain : conjointe d'Allison McCain, president du conseil de McCain Foods Ltd e Pere Zoel Saulnier : bien connu pour son engagement dans les arts et la culture e Jean- Claude Savoie : President du Groupe Savoie de Saint - Quentin e Andrei Zaharia : directeur du departement d'art dramatique e Lorio Roy : anciennement de Coop Atlantique et de L'Acadie Nouvelle 58 Th6atre populaire d'Acadie CONSEIL WADMINISTRATION 2009 -2010 Un conseil d'administration dynamique etablit les lignes directrices du Theatre populaire d'Acadie. Le conseil est d'envergure provinciale et, autant que possible, representatif des regions incluses dans le reseau de tournee. Comite de direction Claude Desssureault, president Vice - President region Nord du N. -B. de RBC Banque Royale Nigadoo, N. -B. Rachel Arseneau- Ferguson, vice- presidente Directrice generale du CCNB - Campus de Campbellton Campbellton, N. -B. Paulette Robert, tresori6re Retraitee, ancienne directrice generale de la CBDC - Peninsule acadienne Losier Settlement, N. -B. Maurice Arsenault, secretaire Directeur artistique to general du TPA Caraquet, N. -B. Conseilleres et conseillers Rachelle Lanteigne, Dieppe, N. -B. Responsable des operations et des relations communautaires au Ballet Thestre Atlantique Pauline Pelletier, Fredericton, N.-B, Retraitee, ancienne directrice des Services Communautaires d`apprentissage pour adultes Education postsecondaire, Formation et Travail Marie -Paule Th6riault, Miramich Directrice generale du CCNB - Campus de Miramichi Marie - Josee Th6riault, Saint - Quentin Agente culturelle communautaire, District scolaire n0. 3 Pauline Banville- Perusse, Saint - Basile, N. -B. Directrice executive, Hotel -Dieu Saint - Joseph de Saint - Basile inc. Th6o Gagnon, Saint -Jean, N.B Representant, Royal LePage Atlantic Jean -Guy Blanchard, Caraquet, N. -B. Conseiller municipal, Ville de Caraquet Assistant gerant, Pneu du boulevard 59 OAR Theatre populke d'Acadie Expanding our magical encounters Major Fund - Raising Campaign Questions and Answers 1. What is the Theatre populaire d'Acadie? Founded in 1974, the most senior French theatre company in New Brunswick is: • a major centre for creating, producing, disseminating and hosting high - calibre theatre pieces reflecting a diverse range of artistic approaches; • a touring company whose scope extends to all Acadian communities in New Brunswick, the Maritimes and French - speaking communities in other parts of the world, reaching 15,000 spectators from the general public and 20,000 from the youth population; • a space for Acadian professional artists to hone their skills and develop their art; • a setting for arts education and facilitation for young people and the general community; • a hub of artistic creation that ensues in meetings and exchanges with companies and artists from the international Francophonie; • a renowned and respected company that has won numerous awards and distinctions both for its artistic merits and contribution to the advancement of the arts and culture in our society, and for its exemplary management. 2. How is the Theatre populaire d'Acadie funded? The Theatre depends on a combination of funding sources, including revenue generated by its performances and co- productions, government subsidies, and investments from the private sector. This funding formula is essential to the success and stability of all arts organizations. 3. Why has the Theatre populaire d'Acadie emphasized its theatre tours for the past 25 years? The Theatre has maintained its touring network because of its conviction that all citizens regardless of age, gender, social status or level of education are entitled to have access to arts and culture, and more specifically, to professional theatre. About fifteen localities in New Brunswick have access to the Theatre's public plays at least twice a year, and Dartmouth and Charlottetown's French communities are visited regularly. Periodically, the Theatre also offers a youth show in the French school system in the Maritime provinces. The Theatre's presence throughout Acadia in New Brunswick helps democratize the theatre arts and contributes significantly to the development of Acadian and Canadian society. Major fundraising campaign Questions and Answers page 1 of 3 .� 4. Why doesn't the Theatre populaire d'Acadie produce more plays each year? The operating funds are insufficient to produce the number of shows that the Theatre would like. So as not to compromise the quality of the programmes, the company has to limit the number of activities or, of necessity, work in co- production, which is not always possible. 5. Why does the Theatre populaire d'Acadie need a major fundraising campaign? The $1.5- million campaign that the Theatre is undertaking will provide the company with the resources it vitally needs to stabilize and increase its generated revenue, as it enters into a new phase of development. This includes increasing its endowment fund, which should provide the necessary stability to increase the number of annual productions and ensure the Theatre's regular presence in the entire Atlantic region. 6. Why is it important to support the arts and culture in Atlantic Canada? An artistic and cultural community in full bloom improves the quality of life in the region and attracts new undertakings and possibilities in Atlantic Canada. "Beyond an analysis of the economic importance of culture, artists and cultural organizations help give expression to the regions' creative and innovative forces. They play a role in edifying a society that is renowned the world over for its creativity and inventiveness. Culture represents above all an essential dimension of social and personal life, which must be appreciated for its own intrinsic value." (Institut de la statistique du Qu6bec -- our translation) Impact of the arts and cultural sector on the Canadian economy • sector with the most rapid job growth • $22.4 billion in terms of employment, which is double that of agricultural, forest and mining resources combined • direct economic impact in Atlantic Canada: $2.1 billion in 2002 • total number of people working in the sector in Atlantic Canada: 34,558, or 3.28% of the active regional labour force. (Statistics from the Department of Canadian Heritage and the Atlantic Canada Opportunities Agency (ACOA) on culture in Atlantic Canada) 7. What is the significance of the Theatre populaire d'Acadie for young people? The Theatre demonstrates its commitment to young people by creating and disseminating theatre pieces, presenting the Festival de theatre jeunesse in Acadia, organizing summer camps in drama and holding training workshops. It firmly believes that youth theatre makes a positive contribution in helping young people develop and flourish socially, artistically and culturally. Thanks to the company's activities, children from all walks of life can discover and enjoy the performing arts, while stimulating their creativity and imagination. A theatre audience in its own right: for the Theatre populaire d'Acadie, the youth population is much more than just a future theatre audience. It is a theatre public of today, with its own demands vis -A -vis artistic standards and proposed topics. The Theatre has the same professional artistic requirements for its youth creations as for the general public in terms of production and dissemination. In addition, to make the theatre experience as complete as possible, a workbook is provided with each play, as a preparatory tool and guide for teachers and students. aipeDb,p a e n aUea Major fundraising campaign es ions u Answers page 2 of 3 Od 11 L • 61 8. What is the federal government's program of matching funds for endowment funds, and where will the money placed in an endowment fund be invested? The "Endowment Incentives" component of the "Canadian Arts and Heritage Sustainability Program" is designed to encourage private donors to contribute to endowment funds for professional arts organizations. Organizations whose applications are selected by the Department of Canadian Heritage will receive up to one dollar for every dollar raised from private donors that will be invested in an endowment fund. The Theatre has been able to benefit from this program twice in the past, to create its existing endowment funds. To be eligible for this component, the Theatre must be associated with a public charitable foundation. The Theatre ratified an agreement in principle with the Fondation communautaire de la Peninsule acadienne (www.fondationcompa.com) to have the foundation manage the amounts placed in the endowment fund and thereby receive matching funds from the federal government. 9. What is an endowment fund? The definition of a fund is an amount invested whose interest is eannarked for a particular end. Creating an endowment is the act of establishing a permanent provision of support. When the two are combined, we obtain an ENDOWMENT FUND — that is, a sum of money invested permanently whose interest is earmarked for a particular end. 10. How will campaign donors be recognized? The Theatre populaire d'Acadie has a comprehensive donor recognition program for private individuals, organizations and companies that donate to the campaign. 11. What is the fiscal impact of an annual donation made to the Theatre populaire d'Acadie by a private taxpayer in 2009? DONATION FROM A PRIVATE TAXPAYER GIFTS & TAXES - 2009 - NEW BRUNSWICK Regulations In force in 2009 until amended by govemment Regulations: Federal: 15% on the first $200, and 29% on the balance N.B. 10.12% on the first $200, and 17.95% on the balance NEW BRUNSWICK 2009 PRIVATE TAXPAYER'S GIFT ANNUAL GIFT TAX CREDIT Annual Cost Total Gift Total Cost Federal Credit Provincial Total Of the Gift Over # of Years Over the Period 5 $5000 $1 424,00 $881,84 $2305,84 $2694,16 $25000 $13470,80 $2500 $699,00 $433,09 $1 132,09 $1367.91 $12500 $6 839,55 $1 000 $264,00 $163,84 $427,84 $572,16 $5000 $2860,80 $600 $148,00 $92,04 $240,04 $359.96 $3000 $1 799,80 $500 $119,00 $74,091 $193,09 $306,91 $25001 $1534,55 " This table is solely an approximation of the Charitable Tax Credit that the donor would be entitled. It is not a guarantee that the donor will receive a specific amount of Tax Credit. OIfICJdeN IC131U C.{U LCY Major Fundraising campaign uest ons an Answers page 3 of 3 Th @titre populaire d'Acadie Expanding our magical encounters Major Fund - Raising Campaign Donor recognition program Apart from the satisfaction a donor experiences from supporting Theatre populaire d'Acadie's development by participating in its fundraising campaign, it goes without saying that a donor's generosity deserves to be recognized and highlighted in a tangible fashion. To pay tribute to the generous contributors who donate to its major fundraising campaign, Theatre populaire d'Acadie will establish the following donor recognition program: Tlanar wall The Theatre populaire d'Acadie will set up a donor wall for donors who give $1,000 or more. With the donor's permission, his or her name would appear on the donor wall in the appropriate donor category. It is important to specify that on the donor's pledge form, donors can state their intention about the confidentiality of their donation by putting a checkmark in the appropriate box and initialling it. Donor banner Theatre populaire d'Acadie will offer contributors who show exemplary generosity (i.e., who give $I,000 or more), the exclusive privilege of having a dedication on the donor banner that displays the name of their corporation, organization or foundation, their own name or that of a person of their choice. Donors who give $5,000 or more could have their name and logo displayed, while those who give less than $5,000 would have only have their name publicized. The placement of the donor's name will be determined by donor category and the magnitude of the donation. The donor banner will accompany Theatre populaire d'Acadie as it tours New Brunswick, and will be set up in a highly visible, well- frequented area. The dedication offered to a donor will last a maximum of 10 years. After that period, if another fundraising campaign is needed or the current dedications have to be altered, the donor will have the first prerogative to renew or change the dedication (following an additional contribution). The donor may also choose to withdraw. 63 Theatre populaire d'Acadie A special introduction at a TPA production Thdatre populaire d'Acadie could offer its generous donors the privilege of being invited to a play that is being presented near the donor's home or place of work. The donor would receive a maximum of 10 tickets for his or her family or staff, or members of the donor's foundation. We suggest holding a small reception at the end of the evening to welcome the donor and his or her guests. The actors and some of Theatre populaire d'Acadie's Board members would be present at this reception. Donors $499 or less $500 to $999 $1,000 to $4,999 $5,00010 $24,999 $25,000 to $99,999 $100,000 or more Official income tax receipt and thank you letter X X X X X X Invitation to the major fundraising campaign's closing ceremony X X X X X X Mention on TPA program X X X X X Inscription on the Donor Wall X X X X Mention on campaign lobby banner X X X X Public mention with photo in newspapers X X X X Mention on the TPA website X X X Autographed poster with plaque of donor's contribution X X X Tickets to a local presentation of a TPA production 4 6 14 A special introduction at a TPA production X X A work of art by an Acadian artist X N.B. Donors who prefer that their donation not be disclosed will have their wishes respected. 64 • Theatre popu[aire d'Acadie Expanding our magical encounters Major Fund - Raising Campaign Pledge Form In the name of , I support the major fund- raising campaign for Theatre populaire d'Acadie, and I pledge to contribute the total sum of , a portion of which is to be permanently capitalized in an endowment fund managed by La Fondation communautaire de la P6ninsuIe acadienne, of which only the interest generated will be used to finance the activities of Theatre populaire d'Acadie. This amount will be paid over a period of- -1 year _2 years 3 years 4 years 5 years or Via 1 single payment by cheque Cheque enclosed : _ Yes or (date) Payments by Credit Card: Card Holder: Card number: Signature: Name: Address: Citv: Postal Code: Telephone : Visa Province: _ Email: _ Fax : Exp. I authorize you to publicize my name and the amount of my contribution I authorize you to publicize my name, but not the amount of my contribution I prefer my name and the amount of my contribution to remain confidential Signature : Date : Please make your cheque payable to : Theatre populaire d'Acadie All gifts are tax deductible as permitted by law Charitable Reg. No.: 11910 4982 RR 0001 Th6dtre populaire d'Acadie 220, boul. St- Pierre Ouest, bureau 302 Caraquet, (N. -B.) E 1 W 1 A5 T61: (506) 727 -0920, T616c : (506) 727 -0923 Courriel : yvesblanchard @tpacadie.com 65 �� \�� \ AAC6 Lz 7- � PA 6 35 ans de rendez-vous magiques Le Theatre populaire d'Acadie (TPA) a presente depuis sa fondation plus de 100 differentes productions. Saison apres saison, le TPA prend la route pour montrer au public de toutes les regions acadiennes des Maritimes des oeuvres qui temoignent de son quotidian. Le TPA rayonne done dans 1'ensemble des communautes francophones des Maritimes, en plus de se demarquer sur les scenes francophones ailleurs au pays et parfois meme en Europe. Creations originales, theatre contemporain et textes issus du repertoire classique — le TPA produit, tant pour le grand public que pour la jeunesse, une diversite de spectacles qui s'inspirent de plusieurs courants artistiques, tout en accordant une place de premier choix a la dramaturgic acadienne. La theatrographie de la compagnie comprend la creation de nombreux textes acadiens, notamment Le filet, Les Bessons, Ernest et Etienne, Le Djibou ou l'Ange ddserteur, La Mariecomo, Murmures, plusieurs coproductions (Laurie ou la vie de galerie, Pour une fois, La petite ombre, Conte de la Lune) ainsi que le drame musical Louis Mailloux monte A quatre reprises. Des les debuts, la magie opere Fonda afin de r6pondre a un besoin criant, le Theatre populaire d'Acadie voit le jour en 1974. Rejean Poirier sent qu'il est temps que 1'Acadie se dote d'une compagnie de theatre professionnel. A cette epoque, le Departement d'art dramatique de l'Universite de Moncton accouche de ses premiers diplomas et le gout de creer et de jouer se fait de plus en plus sentir chez les artistes acadiens. Des la premiere annee, on joue la piece Tete d'eau de Laval Goupil. L'annee suivante, la fameuse production de Jules Boudreau et Calixte Duguay, Louis Mailloux, voit le jour. DejA, la jeune compagnie de theatre fait sa marque et se propulse definitivement au rang des compagnies prof essionnelles. Mission Creer, produire, diffuser et faire rayonner le theatre d'ici et d'ailleurs. La magie du theatre a la portee de toes En 1984, la compagnie confirme son statut de compagnie provinciale en creant un reseau de tournees au Nouveau - Brunswick, reseau qui allait s'accraitre au fil des ans pour deborder des frontieres provinciales. En 1992, I'incendie du Vieux- Couvent qui abritait ses locaux cause la disparition de tous les documents de travail et archives de la compagnie. Mais le TPA se releve, et c'est ainsi qu'en 1993 it redemarre de plus belle, elargit sa diffusion, tant pour ses spectacles grand public que pour ses creations destinees A I'enfance et A la jeunesse. En ]'an 2000, le TPA se donne une politique de developpement du public et met sur pied des strategies visant A accroitre son auditoire. En elargissant son public grace a un reseau de tournees, le TPA peut compter sur un public plus large disperse dans toutes les regions acadiennes des Maritimes, tant urbaines que rurales. La magie a la portee des jeunes aussi En plus d'offrir ses pieces jeune public daps le reseau scolaire, le TPA offre des activites d'education artistique permettant aux jeunes de vivre des experiences theatrales concretes et tres enrichissantes, en explorant le jeu, le mouvement, la scenographie et fart de se presenter sur scene. Le Festival de theatre jeunesse en Acadie, cree par le TPA et qui celebrait en 2008 son 10e anniversaire, reunit quelque 200 jeunes francophones de toutes les regions du Nouveau- Brunswick. Pendant les trois jours du Festival, de dix A douze troupes scolaires y presentent leurs productions et suivent des ateliers de formation animes par des professionnels. Le Theatre populaire d'Acadie organise annuellement des camps d'ete en art dramatique ou soixante jeunes explorent les differentes facettes du theatre. r i i� Lies infrastructures hautement professionnelles pour que la magie se manifesto Uannee 2001 marque un autre grand moment dans 1'histoire du TPA. On inaugure la saIle de spectacles du Centre culturel de Caraquet. Ayant ete 1'organisme porteur de ce projet et etant reconnu pour sa bonne administration, le TPA s'est vu octroyer la gestion de cette salle a geometrie variable qui est utilisee pour ses propres creations et pour 1'accueil de nombreux spectacles de plusieurs disciplines artistiques. Le TPA opere egalement ]a Boite- theatre qui comprend des ateliers de creation et une salle de 125 places. Ce lieu de production, de formation et de diffusion estivale a ete amenage des les premieres annees d'operation de la compagnic. Situe au bord de la magnifique baie de Caraquet, cet ancien hangar desaffecte ayant deja abrite une salaison degagera pendant longtemps 1'odeur de la mer. Budget annuel de plus de 1,1 M $ Retombees economiques de plusieurs millions de dollars Aujourd'hui, le TPA dispose d'un budget annuel d'environ 1,1 M $. La compagnie compte sept employes permanents, une centaine de pigistes, un reseau de plus de cent benevoles et un conseil d'administration provenant des quatre coins du Nouveau - Brunswick et representant diverses spheres de la societe. Fonds en dotation totalisant 332 000 $ La saine administration de ses affaires lui permet de voir a la gestion de deux salles de spectacles et de deux fonds en dotation qui totalisent 332 000 $. Les retombees economiques du TPA se chiffrent a plusieurs millions par annee. 15 000 spectateurs adultes 20 000 jeunes sensibilises au thedtre Doyenne des compagnies de theatre professionnel de langue frangaise au Nouveau- Brunswick, le TPA rayonne dans 1'ensemble des communautes Francophones des Provinces maritimes, et ses pieces sont a l'occasion presentees ailleurs au Canada, en France et en Belgique. Quinze regions des Maritimes re�oivent les pieces du TPA deux fois par annee. Avec autant ou plus de regions ailleurs au Canada qui accueillent le TPA, ce sont plus de 15 000 spectateurs adultes qui voient ses productions. De plus, pros de 20 000 jeunes sont sensibilises au thedtre grace aux spectacles presentes en matinee scolaire. Des partenariats importants Le TPA a developpe des partenariats avec le Departement d'art dramatique de 1'Universite de Moncton, les societes culturelles et les diffuseurs qui accueillent ses pieces depuis de nombreuses annees et d'autres compagnies de theatre avec qui elle coproduit certains spectacles, etc. Ces partenariats sont sans cesse grandissants. .• Une mission tres importante pour le developpement des communautes... mais qui necessite un appui Vision de developpement a moyen terme « Le TPA est reconnu comme un centre MAJEUR de creation, de production, de diffusion et d'accueil d'oeuvres thedtrales de grande qualite, issues d'approches artistiques variees. La compagnie s'assure que ces oeuvres puissent titre appreciees par un vaste public, principalement au Nouveau- Brunswick, et elle maintient un pant culturel entre I'Acadie et le Monde. La campagne majeure de financement du Theatre populaire d'Acadie se deroulera sur une periode de 5 ans. La majorite des fonds amasses, soit plus de 65 %, sera placee en dotation pour augmenter le fonds de 332 000 $ que le TPA possede deja. Au tours des cinq annees de la campagne, une partie des fonds amasses servira a gerer la campagne et a financer la mise en place des programmes. Les besoins du Theatre populaire d'Acadie se chiffrent ainsi Secteurs vises par la campagne Mise en place des programmes 2008 -2013 Dotations en ajout aux 332 000 $ existants Besoins financiers 2008 -2013 Theatre jeunesse 150 000 $ 300 000 $ 450 000 $ Presence accrue en regions 225 000 $ 450 000 $ 675 000 $ Activites educatives et Appui a la relive 125 000 $ 250 000 $ 375 000 $ TOTAL 500 000 $ 1 000 000 $ 1 500 000 $ Le TPA travaillera afin d'obtenir une participation financiere de la part de Patrimoine canadien qui offre un programme d'appariement (matching fund) faisant en sorte que pour chaque dollar amasse dans le cadre de fonds mis en dotation, un pourcentage est remis par le ministere a 1'organisme culturel. De cette fagon, les programmes mis en place pourront titre maintenus et autofinances grace aux revenus d'interets generes par les fonds en dotation. La Fondation communautaire de la Peninsule acadienne parrainera cette demande et sera responsable de la gestion des fonds mis en dotation. Theatre jeunesse (productions plus frequentes et diffusion plus importante au N. -B.) : 450 000 $ Assurer le developpement, la production et surtout la diffusion en Acadie de pieces pour la jeunesse. Le theatre jeunesse coute aussi cher que le theatre grand public, mais it rapporte beaucoup moins puisque 1'enfant nest pas en mesure de payer le mime prix pour un billet qu'un adulte. De plus, les cachets qui sont verses au TPA pour presenter des spectacles jeunesse daps les Maritimes sont moins eleves que ceux que la compagnie re�oit lorsqu'elle joue au Quebec ou a 1'etranger. Enfin, les tournees effectuees Bans sa propre province ne sont pas admissibles aux subventions federales d'aide a la tournee et, contrairement a d'autres provinces, le Nouveau - Brunswick n'a aucun programme d'aide a la tournee. C'est done chez nous qu'il est le plus difficile de diffuser des spectacles jeunesse! Presence accrue en regions (spectacles grand public, offrir jusqu'a 3 tournees /an) : 675 000 $ Maintenir un lien plus regulier et plus etroit avec le grand public en regions, dans les Maritimes (tournees plus regulieres, activites de developpement de public, activites educatives, sondages, etc.). Le TPA veut titre en regions avec trois productions grand public chaque annee afin de fideliser le public et lui offrir un acces plus diversifie a des oeuvres de qualite. 11 tient a developper un Iien beaucoup plus etroit avec ce public, ce qui necessite des ressources additionnelles. 70 Activites educatives et appui aux artistes emergents (la relive) : 375 000 $ a) Pour Ia jeunesse : • elargir le Festival de theatre jeunesse en Acadie (permettre a plus de jeunes d'y participer); • consoiider la tenue de camps d'art dramatique; • organiser d'autres initiatives de formation et d'animation touchant des centaines de jeunes de partout au Nouveau - Brunswick. b) Pour les jeunes artistes professionnels • offrir des ateliers de perfectionnement; • etre un lieu de stage pour des etudiants; • faire une place aux artistes emergents dans la programmation du TPA, en particulier lors de L'Estival du Thddtre populaire d'Acadie, un festival qui se deroule tous les iris, en juillet et en aout; • fournir un banc d'essai et d'exploration theatrale pour les artistes professionnels emergents (leur fournir des lieux et des equipements de travail et les mettre en contact avec des artistes d'experience); • offrir aux jeunes artistes professionnels des occasions de se parfaire dans la pratique theatrale (lectures publiques, cartes blanches et autres initiatives); • soutenir des projets d'ecriture des les premieres etapes de travail. c) Pour la communaut(! en general : • etablir un centre de ressources specialisees dans la dramaturgie de 1'espace francophone; • produire et diffuser de la documentation sur le theatre acadien (ecrite, photographiee, enregistree, etc.). Ce volet sera realise en favorisant des partenariats avec divers organismes et institutions d'enseignement. Un rayonnement grandissant et de nombreuses distinctions Le TPA est une entreprise culturelle reconnue et respectee, comme en temoignent les nombreux prix et distinctions regus. En voici quelques exemples • 2007 Organisme culturel de 1'annee du Gala Commerc'Or de Ia Chambre de commerce du Grand Caraquet • 2007 Prix Eloizes « Spectacle de 1'annee �) pour la piece Conte de la Lune (coproduction avec le Theatre des Confettis) • 2007 Prix Zof du partenariat decerne par la Federation culturelle canadienne- frangaise • 2007 Masque de la production franc o-canadienne pour la piece L'Annee du Big-Mac • 2006 Masque du public Loto- Quebec pour la piece Grace et Gloria (coproduction avec le Theatre de ]'Ile) • 2006 Masque de ]a production Jeunes publics pour la piece Conte de la Lune (coproduction avec le Theatre des Confettis) • 2006 Prix Acadie- Quebec decerne par la Societe nationale de 1'Acadie • 2004 Prix Eloizes �s Spectacle de Fannie » pour La Sortie au theatre • 2003 Prix (< Organisme artistique de 1'annee o decerne par la Fondation des arts du Nouveau - Brunswick • 2003 Prix Coup de cceur de la presse francophone belge aux Rencontres de theatre jeune public de Huy, en Belgique, pour la piece La petite ombre (coproduction avec le Theatre du Papyrus, en collaboration avec Les Gros Becs) 71 REPORT TO COMMON COUNCIL M &C- 2010 -68 March 10, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Brentwood Crescent Storm Sewer Easement Acquisition 420 Woodward Avenue BACKGROUND: n City of Saint John On July 20, 2009 (M &C 2009 -199) Common Council adopted a recommendation from Municipal Operations staff regarding Stormwater Management — Brentwood Crescent Rider Sewer to engage CBCL Limited to carry out the engineering design and construction management of the Brentwood Crescent Rider Sewer project. The Rider Storm Sewer will provide flood protection for those homes on Brentwood Crescent and Woodward Avenue that have been experiencing recurring flooding during heavy rainfall events. The final alignment of the new storm rider sewer is within the street right -of -way. However, the construction activity will encroach upon private lands making easements a requirement. ANALYSIS: In October 2009, Real Estate staff was requested by Municipal Operations to secure all necessary easements that were required for the above noted project. in total, there are 17 parcels involved, in which there are 11 different property owners. The new storm sewer line will run from Brentwood Crescent in a westerly direction along Woodward Avenue and intersect with an existing, larger pipe at the Millidgeville North School soccer field. Real Estate Services have met and/or corresponded with all of the property owners for this project. The majority of the property owners have been quite receptive as it is in their best interest to support the project in any way possible. Once all of the necessary land interests are acquired, it is expected construction of 72 Report to Common Council March 10, 2010 Page 2 this new storm sewer pipe line will commence either late spring or early summer of this year. The terms and conditions contained in the attached agreement have been reviewed by the City's Legal Department. The amount of compensation to the property owner is fair and consistent with other recent offerings involving other City projects of this nature. This report will secure the sixth parcel of the 17 in total that are required. As agreements with the property owners are acquired they will be presented to Council for their consideration. The following recommendation will secure the easement necessary from the subject property in order for this project to proceed. RECOMMENDATION: 1. That The City of Saint John accept the offer of Rodney Doucet and Danielle Marie Downing, affected land- owners as set out in the Agreement of Purchase and Sale attached to M &C 2010 -68 and acquire the easement interest in, and through the portion of PID # 55005870 described in the Agreement for the aggregate sum of $841.00 f HST if applicable, upon the terms and conditions contained in the said Agreement; and 2. authorize the Mayor and Common Clerk to sign any document(s) necessary to finalize this transaction. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager CL /c Attachments 73 r Description of Plan: Acquisiti ®n of Easement for Brentwood Crescent Storm Sewer project. N PiD: 55005870 Address: 420 Woodward Avenue Pan: N/A Date: March 10, 2010 74 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a municipal services easement in and through the Vendor's lands PID# 55005870 as hereinafter set out upon the following terms and conditions: Vendor: Rodney Doucet and Danielle Marie Downing 420 Woodward Avenue Saint John, NB E2K 4N2 Purchaser: THE CITY OF SAINT JOHN P.Q. Box 1971 15 Market Square Saint John, NB E2L 4L1 Attention: Common Clerk Premises: Easement in and through of Civic #420 Woodward Avenue, also identified as PID # 55005870, comprising 59.6 square metres +/- on a drawing titled "BRENTWOOD CRESCENT STORM SEWER EASEMENT" (hereinafter called the "Real Property"), photo - reduced copy of said drawing attached hereto. Purchase Price: $841.00 + HST if applicable Deposit: $200.00 payable upon the adoption of the Common Council Resolution Balance: $641.00 + HST if applicable on Closing Closing Date: On or before April 16, 2010. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground 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 Real Property 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, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property 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; provided that upon completion of the initial installation of municipal works the Purchaser shall re- instate any portions of the Real Property disturbed by work or excavation to the same or better condition existing prior to the initial installation. 75 1 Agreement of Purchase and Sale Rodney Doucet and Danielle Marie Downing and The City of saint John 2. The Purchaser may examine the title to the Real Property at its own expense within thirty (30) days following the Purchaser's acceptance of this offer. 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. In the event that the Vender's title is encumbered, the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrance a Postponement, in registerable form, of such encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give the Postponement. 4. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $500.00 plus H.S.T. for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the plan, Grant of Easement and the Postponement. 5. The Purchaser will have vacant possession of the Real Property on Closing. 6. If 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 or the Vendor may at its option compel the Purchaser to complete the sale. 7. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on 120 ' and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 8. 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. 2 76 Agreement of Purchase and Sale Rodney Doucet and Danielle Marie Downing and The City of Saint John IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of _ 20 45. r Vendor AND the Purchaser has caused these presents to be executed this day of 20 THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution- 77 3 a 13 F r; a .� -H cr CL w= : 3.0 X. LU N C4 VI 01 LIS tR V 5 � is ret DID^ 3 Of Oft qk fa5'` fa rr�l ii a N # 78 C V REPORT TO COMMON COUNCIL M &C- 2010 -67 March 9, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 7 Northumberland Avenue and 1151 Golden Grove Road BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following applications have been received. City of Saint John Name of Location Existing Proposed Reason Applicant Zone Zone Donna Bordage 7 Northumberland "R -2" "R -4 To recognize an Avenue existing three - family dwelling Vincent Catton 1151 Golden Grove `B -2" Road RECOMMENDATION: Section 39 To permit the outdoor place- ment of con- tainers for demo- lition materials and recyclables That Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Donna Bordage (7 Northumberland Avenue) and 79 M & C — 2010 — 67 - 2 - March 9, 2010 Vincent Catton (1151 Golden Grove Road) for Monday, April 12, 2010 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager KF /r REPORT TO COMMON COUNCIL M &C2010 -71 March 11, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: M. The City of Saint John SUBJECT: Public Information Session Beaverbrook Avenue Watermain Installation and Street Reconstruction PURPOSE The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Safe, Clean Drinking Water Project entitled: Beaverbrook Avenue Watermain Installation and Street Reconstruction, and to update Council on the status of the project. BACKGROUND The approved 2009 Water & Sewerage Utility Fund Capital Program and the 2010 General Fund Capital Program include projects for the construction of a new 400 mm transmission main and full street reconstruction along Beaverbrook Avenue from Visart Street to Pugsley Avenue as well as the installation of smaller distribution water mains along sections of Visart Street and Dufferin Avenue. The water transmission main portion of the project will be funded under the Canada -New Brunswick Infrastructure Stimulus Fund Agreement. ANALYSIS Construction of the project is scheduled to begin in the spring of 2010 and is expected to be completed in late Fall 2010. This is a major project that will impact the local area during construction. Construction will involve the closure of Beaverbrook Avenue to all non -local traffic for the majority of the summer. For this reason it is appropriate to hold a Public Information Session to allow local residents and others an opportunity to view the project design drawings, ask questions and give their feedback on the construction project. Representatives from the City of Saint John and the project design team will be available to answer questions related to the proposed project. 81 M &C2010 -71 March 11, 2010 Page 2 The public is invited to attend an information session on this project that is scheduled to be held at the North End Community Centre at 195 Victoria Street on Wednesday, March 25, 2010 from 2 p.m. to 4 p.m. and 6 p.m. to 8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councilors who may wish to attend the Public Information Session. The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 82 i-8 The City of Saint John PUBLIC INFORMATION SESSION BEAVERBROOK AVENUE WATERMAIN INSTALLATION AND STREET RECONSTRUCTION PROJECT The City of Saint John will be installing new infrastructure; including watermain, sanitary and storm sewers, new curbing, sidewalks and asphalt on sections of Dufferin Avenue, Beaverbrook Avenue, Visart Street and at the intersection of Churchill Boulevard and Somerset Street. This project may begin as early as April 2010 and is expected to be completed before the end of October 2010. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Representatives from the City of Saint John and the project design team will be available to answer questions related to the proposed project. The public is invited to attend an information session on this project on the following date and times: DATE: March 25, 2010 PLACE: North End Community Centre - 195 Victoria Street TIME: 2:00 p.m. - 4:00 p.m. and 6:00 p.m. - 8:00 p.m. For further information about this project, contact the Consultant: Dillon Consulting Ltd. at (506) 633 -5000 or contact Municipal Operations & Engineering at (506) 658 -4455. 83 REPORT TO COMMON COUNCIL March 11, 2010 M &C201070 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Westfield Road Reconstruction BACKGROUND M. The City of Saint John Common Council has committed to making a major investment in the first phase of the Westfield Road reconstruction. The work includes road reconstruction, realignment and drainage improvements, bicycle lanes, and sidewalk construction. Reconstruction of the Westfield Road needs to be carried out in a phased approach over multiple years given its 7.8 kilometre length and the significant costs involved. The community is a primary stakeholder in this multi -year project. ANALYSIS As detailed design for Phase 1 of the project is being finalized in preparation to tender, two outstanding issues related to land will affect project limits for the 2010 construction season. The first involves property required for road construction near the east project limit at a significant horizontal curve in the road. Discussions with the property owner's representatives began in August 2009; on January 18, 2010, Council authorized an expropriation process to begin. This matter will not be fully resolved in time for advertising of the project tender. The second significant land issue involves a parcel near the planned west project limit. The City and the property owners entered into an Agreement of Purchase and Sale in the fall of 2009. Recently, the property owners have indicated they are no longer willing to close the transaction based on the terms and conditions of the Agreement. Project limits have been set to reflect the current availability of land required for construction: from near By -Road No. 7 to just past Ketepec Road; approximately 0.9 kilometres of Westfield Road. 84 M &C2010 -70 March 11, 2010 Page 2 A couple of matters remain to be finalized for construction of a large culvert near the Saint John Marina. One involves an assessment of possible harmful alteration, disruption or destruction of fish habitat (HADD) called for by DFO Canada on January 13. Environmental approval of the City's July 2009 application is expected to be in place by June. 1. Access to a parcel of NB Department of Natural Resources (DNR) property along the river also remains to be finalized. Although timely resolution is anticipated, provision will be included in tender documents for adjustment of project scope should the need arise. Staff has reviewed scope limits for 2010 construction with River Road Community Alliance (RRAC) representatives. The tender process for Phase 1 construction has been initiated; advertising will begin on March 23, with an anticipated tender closing date of April 14. Construction is planned for completion by October 15. A public information session is being organized for late March. SUPPORT FROM OTHER CITY SERVICES Staff of the City Solicitor's Office and Real Estate Services (Planning and Development Department) have been diligent in their efforts to acquire the property necessary for this reconstruction project; their services have been invaluable to moving this work forward. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 85 . , REPORT TO COMMON COUNCIL OPEN SESSION M &C2010 -61 February 24, 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Pedway Maintenance Agreement BACKGROUND o City of Saint ]ohn. In the past, Fortis Properties Corporation has provided cleaning, security, and fire protection system services for the Chipman Hill and City Market Pedways. In 2008, an annual agreement between Fortis Properties Corporation and the City of Saint John was formalized for the 2009 fiscal year. This agreement was subsequently approved by Council (M & C 2008 — 383). ANALYSIS For the period of January 1, 2009 to December 31, 2009, the total fee for service outlined by the agreement was $68,928.34, or $5,744.03 per month (including HST). This included cleaning, security, and fire protection system monitoring services for the Chipman Hill and City Market Pedways. Fortis Properties Corporation has indicated its willingness to enter into a contract for 2010 on the same terms and conditions which were negotiated in 2009 with only a slight change in cost to reflect minimum wage increases. As per the agreement, Fortis Properties Corporation will continue to provide cleaning, security, and fire protection system monitoring services for the Chipman Hill and City Market Pedways. The agreement will be effective January 1, 2010 for a one year terra at a cost of $69,283.10, or $5,773.59 per month. As previously mentioned, this amount is slightly higher than the 2009 agreement due to minimum wage increases. IN M & C 2010 — 61 - 2 - February 24, 2010 RECOMMENDATION Your City Manager recommends that Common Council adopt the attached resolution. Respectfully submitted, � 4W .Amy Poffenroth, P. Eng. MBA Deputy Commissioner Buildings and Inspection Services i V'W — Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services P ck Woods, CGA Cit Manager 87 RESOLUTION Resolved that, as recommended by the City Manager, the City enter into an Agreement with Fortis Properties Corporation for cleaning, security, and fire protection system services for the Chipman Hill Pedway and security and fire protection system services for the City Market Pedway on the terms and conditions and in the form as attached to the City Manager's report dated February 24, 2010 bearing M & C 2010 — 61, addressed to Common Council in this matter, and that the Mayor and Common Clerk be authorized to execute said Agreement. I March 8, 2010 Mayor and Common Council City of Saint John PO Box 1971 Saint John, NB Dear Mayor and Councillors: A few weeks ago most of us were glued to our television sets watching the Winter Olympic Games. One event, speed skating, called to my mind others from our City who had skated, Charles Gorman, Willie Logan, our first Olympic medal winner (two bronze), and more recently, Mark Lackie, a silver medal winner. During a recent heritage day presentation and review of my research notes about Charlie Gorman, I was surprised to find that he lays in an unmarked grave in the Old Cedar Hill cemetery. I confirmed this with both the office staff at the cemetery company and with a visit to his grave. 1 and those at the heritage presentation at the Saint John Arts Centre felt it was wrong that our Olympian and World Speedskating Champion, should lay in an unmarked grave. At the groups behest, I have undertaken to raise money for a Gorman grave marker with perpetual care. To raise the funds, I am asking thirty individuals and organizations to pledge $100 each. The first pledge was from Roly McIntyre, MLA. I ask the City of Saint John to pledge $100 towards this marker for one of our most famous citizens. The pledge would only be due if enough funds are raised to get a marker for Charlie Gorman. Thank you. Yours truly aaro E. PO Box 632 Saint John, NB E2L 4R7 - March 4, 2010 To: Mayor Ivan Court & Common Council CIO Common Clerk's Office Mayor Court; I am writing this letter today to address what I feel is an injustice that exists buried deep within a by law of the City of Saint John regarding the Water and Sewerage services. Back in November of 2008 while doing home renovations I had decided it was in my best interest to have the water services to my house shut off. I knew that I would not be requiring these services for quite some time as I expected the renovations to be lengthy. When l called the City to shut off the water I was informed that there would be a service fee of $75 to shut it off. That fee I paid. Some time later I had received notification that I owed for 6 months of water and sewerage services after the shut off date. I was essentially being forced to pay for 6 months of service that I simply did not receive. The fact that this is actually implied in a City of Saint John by law disturbs me greatly. I cannot believe that the City of Saint John would actually endorse an action that I can only consider to be fraudulent in nature to force it's citizens to pay for services that they know were not received. I find it unreasonable to accept this sort of rule or behaviour from any business in our community so I would not expect it from my municipal government. I bring this to your attention today in the hope that you and the current council will have the wisdom and consideration to address this issue and correct this mistake implimented by an earlier council. I also hope that you can appreciate my rather limited ability to properly express myself on this matter as I am a simple layman trying to address a wrong and not a lawyer with extensive experience in such matters. Thank you for your time and consideration. Sincerely; Joseph W. Hatfield 87 Winslow Street Saint John West New Brunswick (506) 650 -7748 a Iawsoncreamer AWv R 5.. Via: Electronic Delivery March 9, 2010 His Worship Mayor Ivan Court and Members of Common Council c/o Common Clerk's Office 8th Floor City Hall Building P.O_ Box 1971 Saint John, NB E2L 4L1 Your Worship and Councillors= Proposed Athletic By -Law Our File No.= 5128-003 Enclosed please find twelve (12) copies of a submission related to a proposed new athletic by-law. By way of background, Saint John has the opportunity to host an international mixed martial arts event. To date, our client has received the support of Harbour Station and the Office of His Worship, Mayor Ivan Court. Presently, our client is seeking support from the Saint John Police Force. The event is scheduled to be held at Harbour Station in early June 2010. Review and passage of the proposed or similar by-law will enable Harbour Station to continue hosting WWE events, representing $25- 40,000 in income per year for Harbour Station; it will also permit the hosting of mixed martial arts. Thank you in advance for your consideration of this matter. We would be pleased to offer a presentation on this matter should Common Council and the Mayor request the same. Yours very truly, LAWSON C ER, el K. orton, P.C.* Direct= (506) 633-3531 mnorton@lawsoncreamer.com *Denotes Professional Corporation 133 Prince William Street • Suite 801 C PO Box 6787, Station A e Saint John ® NB • E2L 4S2 Tel: 506.633.3737 9 fax:9�06.633.0465 0 www.lawsoncreamer.com 1191 92 Index 1. Letter of Request from SRO Entertainment Ltd. • A world -class event for Saint John • The need for a by-law • Athletic and economic benefits for Saint John 2. Recent Press Release; Proposed Mixed Martial Arts Event • Habour Station named site for international mixed martial arts event 3. About the International Fighting Championship a. A governing body for mixed martial arts in the US and in Canada b. Internationally recognized rules for mixed martial arts E c. IFC event description d. The people behind the IFC — a lawyer, athletes & law enforcement 4. By-law Requirements a. Compliance with s. 83 of the Criminal Code b. Authority under the Municipalities Act, ss. 10.2(2) & 11(1)(h) v. Draft Athletic Commission By-law (based on City of Vernon, BC By-law) • Establishing a commission • Lisencing of events • Protection for the City of Saint John F. Recent New from other Canadian Municipalities a. Penticton, British Columbia — elite mixed martial arts athletes b. Cold Lake, Alberta — council directs preparation of by -law c. Vancouver, British Columbia — mixed martial arts by -law passed d. Lloydminster, British Columbia — fastest-growing sport in the world e. Summerside, Prince Edward Island — unanimous council support 7. Support to Date a. Harbour Station b. Mayor Ivan Court c. Angus -Miller Provincial Insurance - $3,000,000.00 policy 93 SRO Entertainment Ltd. 133 Westmount Drive Saint John, NB E2K 5G1 His Worship Mayor Ivan Court March S, 2010 and Members of Common Council c/o Common Clerk's Office $th Floor City Hall Building P.O. Box 1971 Saint John, NB E2L 4L1 Your Worship and Councillors Re: Proposed Athletic By -law Do we want to be the most vibrant City possible? Does Saint John want to generate wealth and promote tourism? Is Saint John a place where athletics should be celebrated, promoted and encouraged? If the answer to these questions is: "Yes!" then Saint John has special opportunity. SRO Entertainment Ltd. (SRO) in cooperation with International Fighting Championship (IFC) has secured the chance to host a world -class Mixed Martial Arts title contest at Harbour Station. Scheduled for June 51h, 2010, this event will feature internationally recognized athletes competing for the IFC World Super Heavyweight Title. How can you help? To host the event we need an Athletic By -law. What are the benefits of such a by-law: 1) we become the only municipality in New Brunswick able to licence the event; 2) we regain the ability to sanction boxing and wrestling; 3) use of Harbour Station increases; and 4) tourism and economic spin- off from increased business in the City core. Together, let's move Saint John forward! cc: Michael Caddell, Harbour Station General Manager 94 Yours very truly, SRO E rtainm t Ltd. 10i Jane L vingston, resi en Direct. (506) 652 -1573 telegraphjournal.com - Station named site for 11,U rigni: tv>gni I Juty D> ua&... 1 ag- 1 — L Station named site for II*C Fight. Night Published Saturday February 27th, 2090 Main event: Tim Sylvia tops 'iO -bout card slated for Saint John on June 5 C14 TE EGRAPH JOURNAL SAINT JOHN -Harbour Station will play host to the greatest Fighting talent ever assembled under one roof in Atlantic Canada this spring, says a promoter touting the marquee event. cev aor_r dunrn Jack. Livingston of SRO Entertairimenl is the promoter for an international Fighting confederation event at Harbour Station June 5. The Intemational Fighting Confederation's word super heavyweight title li will be the main event of a 10- bout card coming to the Port CRy, tentatively scheduled for June 5. Tim Sylvta, the former Ultimate Fighting Championship heavyweight champion, will battle mixed martial artist Wes Sims for the 1FO world tide under the lights at Harbour Station. "This is the first time we'll experience superstars of this level in Atlantic Canada," said Jack Livingston of SRO Entertainment Ltd., the event's promoter. "It's never been done before and people can't believe its coming." Livingston, founder of Saint John- based SRO Entertainment, said plans for the premier sporting event have been in the works for about a year. A Saint John native whose company has brought the likes of rap stars 50 Cent and Snoop Dogg and classic rock icon Aerosmith to the Port City, Livingston was approached by organizers within the IFC to promote the super heavyweight title Fight. Noting a fighting event of this magnitude has never come beyond Montreal, Livingston said itwas an easy decision to hold it in Saint John - "What better place to make sporting history than in our hometown and at the great Harbour Station.' Aside from the main event, a feature bout will see UFO star Jeremy Horn duke it out with mixed martial artist Dante Rivera. The remaining eight bouts feature American -bom fighters with UFC experience. "Star bound, star struck and the destiinaficn is Saint John, New Brunswick,' Livings €on said. And the event comes relatively cheap. Tickets for the 8 p.m. show are scheduled to go on sale on March 19 and are priced at $59.50 for upper bowl seats, $69.50 for lower bowl tickets and $99.50 ringside. 'We're keeping this world event priced for everybody's sporting dollar," Livingston said, adding ringside tickets for similar events in Montreal have sold for around $300. "I wanted to make it affordable for everyone. I think all of the (attendance) records at Harbour Station will plummet and this will probably be the fastest sell -out in the history of Harbour Station," the promoter said, adding the card will have a seating capacity of about 7,500. "You got down to a world championship fight with these two super athletes'; people are going to Come from the State of Maine, Eastern Quebec and all over Atlantic Canada to see this event." Livingston said SRO Entertainment Ltd. has obtained the necessary licensing to hold the event from the Moncton Boxing and Wrestling Commission, and received the blessing of the City of Saint John. Michael Caddell, general manager of Harbour Station, said the title fight will be one of the venue's top - ranked tickets. "We're looking forward to the event," Caddell said. "We tentatively have booked a date and we look forward to making it happen." Livingston, whose company promotes events across the word, said the card is sure to be a first -class act with judges and referees coming in from the United States and ring girls hailing from Las Vegas, http:// telegraphjoumal ,canadaeast.com/sports /arti /967782 3/5/2010 telegraphjourmat.com - z5tatiOn nameci SITe TOr t,ri— rigni iNigCit JViN iv.i.A%,,i,irii.L - i--)tcan... i ugo a v� Nevada. "I'm gust ecstatic we could bring this to the entertainment capital of Atlantic Canada." Please Log In or Register FREE You are currently not logged into this site. Please log in or register for a FREE ONE Account. Logged in visitors may comment on articles, enter contests, manage home delivery holds and much more online. Your ONE Account grants you access to features and content across the entire CanadaEast Network of sites. Comments (1) All comments are subject to the site Terms of Use. For a full commenting lutorial click. here. Our editorial learn relies on filtering technology and our visilor community to identify inappropriate comments. In the event that a site user has submitted offensive content that has evaded our filler, please setecl the option to Flag As Inappropriate presented within the comment. Thank you for helping to keep this site clean. Jack Livingston is a crook, he look a lot of people (including me) in Moncton from that concert on the hill back in 98 with Skynard. 5 �,`:_ TH'J14BS JP 'f$ ?,.' THUMBS DOWN % FLAG AS IWPROPRIATB 777 777, Riverview on 2710211011:20:52 AM AST ALL COMMENTS ARE SUBJEOTTO THESE TERMS OF USE http:// telegraphjoumal .canadaeast.com/sports /artic /967782 3/5/2010 :: Inteinational Fighting Championships :: 1 as, i V1 i Home I Schedule I Fighters I News I Hall of Fame I Gallery I iFC Gold l Discover IFC I Contact Us !VgL HISTORY OF THE INTERNATIONAL FIGHTING CHAMPIONSHIP IFC Warriors Challenge XXVII,r. Founded in 1996, the IFC was the vision of longtime martial artist and kickboxing promoter, Howard Petschler. Howard recognized Gold Country Casino. that MMA (MMA History) would finally solve a lot of the problems associated with martial arts as a spectator sport, and sought to Event Date: Mar establish the credibility it needed to be treated as a sport. Rules were established that allowed for the safety of the fighters without 27,4PM detracting from the action. Weight divisions for both men and women were developed, and soon the tFC was working with athletic commissions throughout United States to bring prominence to this exciting new sport. Since its first event in Kiev, 1FC events have been held in Illinois, Montana, Nebraska, Mississippi, Alabama, Louisiana, Texas, 1, Calendar Idaho, Nevada, Colorado, New York, Georgia, North Dakota, South Dakota, Minnesota, California, New Jersey, and Canada. The IFC became the first MMA promotion to enact rules that were recognized by a state athletic commission (Wssissippil1996). ► Full Schedule (IFC Milestones) ► Present Champions These rules have since been adopted by California, Colorado, New Jersey, Louisiana, Nevada and most of the other stales, In ► Famous Videos Canada, a country that had once banned these events due to misinformation, the IFC rules are also the official rules for the province of Quebec and IFC events have been viewed across Canada. IFC shows on RIDS In Canada were the first to be a regularly P, Press Releases scheduled MMA weekly network program anywhere in the world. > Media Coverage As the IFC continues to grow, new territories for the MMA market have been established. IFC efforts to have slates officially sanction ► Interviews the sport continue today. 36 slates now sanction the sport and more will be following. The IFC is currently working in Mexico and in of the sport in those countries. Through these continuing efforts of the IFC, the world will finally ► Posters India to help wilh the establishment witness some of the greatest athletes of our lime in the most exciting fighting sport on the planell ► Fighters � lF ' BLAC1111HUr i 6- 9£_E..T1�.iEG U 2009 Copyright C International Fighting Championships http:// www .ifecagedcombat.tv/history.php 97 3/5 /2010 :: lnternationat righting t-nampionsnlps :. Home , Schedule IFC Warriors Fighters I Neves 1 Hall of Fame l Gallery l IFC Gold i Discover IFC I Contact Us E:k { DISCOVER 1FC >> IFC EVENT RULES Challenge XXVI €, , _ Gold Country Casino. Event Date Mar THE RING 27,4PM 1. THE FIGHTING AREA The fighting area shall be no smaller than Why 18'. The fighting area Floor shall be padded in a manner as approved by the IFC. The IFC recommends a minimum of 112 ", maximum of 1" layer of closed cell foam. A standard boxing type rope ring is allowed for r Calendar amateur and non -title professional contests only. if a standard boxing type roped ring is used, the ring floor shall extend beyond the ropes not less than 18 ". Padding most extend over the edge of the platform. The fighting area must have a canvas covering. No vinyl r Full Schedule or other plastic rubberized covering will be permitted. If fencing is used then all metal parts must be covered and padded in a manner ► Present Champions approved by the IFC. ► Famous Videos 2. HEIGHT OF RING The ring platform shall be at least 30" above the Boor of the building and shall be provided with suitable steps or ramp for use by the ► Press Releases fighters. Ring -side tables must be no higher than ring platform level. ► Media Coverage 3. SANITATION J, Interviews The promoter of the event will be responsible for ensuring acceptable sanitary standards are met, with respect to dressing rooms, showers, water bottles, towels or other equipment. Physicians and 1FC Representatives are to make a particular examination at > Posters every event for violations of these rules. The ring must be swept, dry- mopped, or otherwise adequately cleaned before the event and ► Fighters prior to the fights. FIGHTERS' ELIGIBILITY 1. PRE - CONDITIONS FOR PROFESSIONAL STATUS All fighters seeking professional status must get written approval from their IFC Regional Director. Requirements for approval will include an accurate, current listing of all of the fighter's bouts, including event dales, places, weight class, opponents, and results. All fighters will be accepted by invitation only, after demonstrating an extreme proficiency in their fighting style. Next >a Mar I BiAG!l any L_srTliE_I C) 2009 Copyrigbt �@ International Fighting Champconships http:// www. ifccagedcombat .tv /cventDescription.pbD 3/5/2010 :: international r>_gnnng unampionsnips :: 6- v Home I Schedule Fighters I News � Hail of Fame 1 Gallery l IFC Gold I Diseover IFC I Contact Us tt_ ; DISCOVER IFC » [FC EVENT RULES IFC Warriors Challenge XXVII, Gold Country Casino. Event Date;Mar 2, FIGHTERS ASSOCIATION MEMBERSHIP 27,4PM IFC licensing is mandatory for all fighters and promoters. All fighters must sign an IFC approved contract For each bout, with the promoter of the event. 3. USPENDED FIGHTERS ► Calendar Any tighter who is currently under suspension by the IFC will not be permitted to participate in any IFC event for the duration of the ► Full Schedule suspension. ► Present Champions PRE -FIGHT REGULATIONS ► Famous Videos 1. EXAMINATION OF FIGHTERS ► Press Releases Any fighter applying for eligibility to compete in an IFC event must be insured and examined by a physician certified by the IFC, to establish both physical and mental fitness for competition. This examination must include a complete physical, neurological and drug ► Media Coverage screening and must be taken at such time as directed by the IFC. ► Interviews 2. WEIGHT DISTRIBUTION h Posters Maio fighters will compete in nine weight classes: ► Fighters Flyweight (124.9 lbs; and less) Featherweight (125 lbs —134.9 lbs) 6antumweight (135 lbs —144.9 lbs) Lightweight (145 lbs —154.9 Ibs) Welterweight (155 lbs —169.9 lbs) Middleweight (170 lbs —184.9 lbs) Light-Heavyweight (185 lbs.-204.9 lbs) Crulserweight (205 ibs. — 229.9lbs) Heavyweight (230 lbs — 264.9 lbs) Super Heavyweight (265 lbs and up) eS. Previous Next >> U4 riv i 2009 Copynghl @ International Fighting Champlcnships http:// www. ifecagedcombat .tv /moreeventDescript' gn.php 305/2010 : in> emmonai righting L,itatttPfQtV511iJ)6 .. 1 —0— - _ Home [ Schedule I Fighters I News l Half of Fame I Gallery IFC Gold Discover [FC Contact Us DISCOVER IFC » IFC EVENT RULES IFC Warriors Challenge XXVII, Gold Country Casino. Female fighters will compete in five weight classes: Event Date:Mar Lightweight (124.9lbs and less) 27,4PM Middleweight (125 lbs —134.9 lbs) Light - Heavyweight (135 lbs- -149.9 tbs) Heavyweight (150 lbs —174.9 lbs) ► Calendar Super Heavyweight (175 lbs and up). 3, WEIGHTTIME ► Full Schedule Fighters will be weighed on or before [he day of the match, at a time to be determined by the IFC, on scales approved by the IFC. All ► Present Champions weights stripped. ► Famous Videos 4. MAKING WEIGHT- TITLE BOUTS In title bouts if a fighter cannot make weight at the prescribed time, he will be allowed to weigh a second time, two hours later, at a ► Press Releases place designated by the IFC Representative. If the lighter fails to make weight at this second weigh -in, and these weigh -ins occur the ► Media Coverage day before the bout, he may weigh again, no sooner than eight hours before the start time of the event on the day of the bout; [hat is, should the fighter fall to make weight at the original Lime, and fails to make weight two hours later, he may weigh again no sooner ► Interviews than noontime the next day, if the event is scheduled to begin at 5:00 pm. ► Posters If the official weigh -in is scheduled the day of the bout, the fighter not making weight will be weighed again [wo hours later. if he still does not make weight, then he may attempt a anal weight -in two hours before the start of the event. In other words, if the fighter ► Fighters cannot make weight at the originally scheduled time, and cannot make weight two hours later, he will not be weighed again until two hours before the start time of the event In this case, if the event is to start at 5:00 pm, his final official weigh -in should be at 6:00 pm. If a fighter cannot make weight at the final "officiar, weigh -in and that fighter is the champion, the title will be declared vacant and the bout will ensue. Should the challenger win the bout, he will become champion. In the event the former champion wins the bout the fide will be declared vacant, and a run off for the title will be established, according to the rules of the IFC_ If the fighter who cannot make weight is the challenger, the bout will proceed as scheduled; however, should the challenger win the bout, the title will he declared vacant, and a run off will be established, according to the rules of the IFC. In either case, [he fighter who cannot make weight will also be subject to the purse penalties as specified in his contract and by the IFC. [t Previous Next a> r { SLACKWITTff F Cc) 2009 Copyright ,§ International Fighting Championships http:// www. ifecagedcombat .tv /moreeventDescriptiR 1.php 3/5/2010 lntemational r>gnning t,nainpionsnips :: Horne 1 Schedule I Fighters I Nevus � flail of Fame 1 Gallery I IFC Gold I Discover IFC I Contact Us i' DISCOVER lFC IFC EVENT RULES IFC Warriors Challenge XXVfI,� Gold Country Casino. Any exception to these rules regarding welght- making in title bouts requires the approval of the IFC Regional Director. Event Date.Mar 5. MAXIMUM ALLOWABLE WEIGHT LOSS 27,4PM The maximum amount of weight a fighter will be allowed to lose, during any period of time within 32 hours before the start Lime of the event, is 4% of that fighters weight at his initial weigh -in. For example, if a fighter Weighs -in at 175 lbs., at noontime the day before the event, but is overweight according to his contract, the IFC Representative will calculate his maximum allowable weight loss as ► Calendar 40/a of 175 lbs., or 7 lbs. (175 1,04 = 7), and that 7 lbs., will be the maximum that fighter will be allowed to lose before the start time of > Full Schedule the event > Present Champions If the maximum allowable weight less fails to bring a fighter within the permissible weight spread, that fighter will be declared ineligible to compete in his scheduled bout, and wild be subject to the penalties as described in Rule 11 below. ► Famous Videos 6. MINIMUM AGE OF FIGHTERS ► Press Releases No Fighter shall participate in an IFC event, if he is less than 18 years of age, unless permitted by bath the fighter's country of origin, ► Media Coverage the jurisdiction where the match takes place and the IFC Regional Director. ► Interviews All fighters seeking eligibility to compete in an IFC event must provide proof of age, such as a notarized copy of their birth certificate ► Posters or their passport. ► Fighters 7. ADVANCE APPEARANCE OF MAIN EVENT FIGHTERS In title bouts, both the champion and the challenger will be present in the event locale according to the date slated in their IFC Title Contract. This date will be no less than 3 days before the event, unless, with IFC approval, the fighter and promoter agree otherwise. All fighters participating in title bouts, and the promoter of these bouts, will enter an agreement using the IFC Title Contract, as directed by the IFC. Terms of the contract may be modified with IFC approval, but no rematch clauses, agreements between the promoter and the fighter regarding officials, or clauses [hat interfere beyond established guidelines, with a fighter's availability to other promoters, will be allowed. Breach of this contract by either party may lead to fines or suspension levied by the IFC Regional Director, in addition to any legal remedies. <t Pre'riovs Next >y C, 2009 Copyright dnternational Fighting Championships http:// www. ifccagedcombat .tv /moreeventDescriplie 2.php 3/5/2010 :: international kignt>ng unarnpionsnips :: w5, v Horne I Schedule I Fighters I News I Hall of Fame I Gallery I IFC Gold I Discover IFC 1 Contact Us °mss DISCOVER IFC IFC EVENT RULES IFC Warriors Challenge XXVII, Gold Country Casino. 8. APPEARANCE BONDS AND FORFEITS Event Date.Mar All fighters may be required to post appearance bonds with a promoter for whom they are to appear, to the event the fighter fails to 27,4PM appear, this bond is to be forfeited and divided 50% to the promoter and 50% to the fighters opponent for training expenses. The amount of the forfeit money must be specified in the fighter's contract. Appearance bands will not exceed 50% of the purse. ► Calendar N.B. Fighters bands will be required only with the express permission of the IFC Regional Director. ► Full Schedule 9. FIGHTERS MUST REPORT ► Present Champions All fighters, or representative second, must attend the pre -Fight meeting herd by the IFC Representative. This meeting will typically be ► Famous Videos following the weigh -in, or during the aftemoon before the event. In addition, fighters will be required to report for physicals, and to their dressing rooms, at the time specified by the lFC Representative. Failure to do so will result in fines as per the IFC fine schedule, ► Press Releases and possibly result in the fighter being dropped from the event. Ali fines will be retained by the IFC. ► Media Coverage All fighters, once they report to the IFC Representative or the Athletic Inspector in charge of dressing rooms immediately prior to the ► Interviews start of an event, are not to leave the facility, and are subject to urinalysis and fines, if they do not remain in approved areas. r Posters 10. FIGHTERS' APPEARANCE ► Fighters All fighters must be clean and present a tidy appearance. The excessive use of grease or any foreign substance is not permitted. The Referee, or the IFC Representative, shall insist upon removal of any such excessive grease or foreign substance. Non compliance by the contestant shall be sufficient cause for disciplinary action, such as purse deduction, or disqualification, 11. FIGHTERS DISQUALIFIED OR DECLARED INELIGIBLE Fighters who are declared ineligible for their bouts due to excessive weight, misrepresented age, physical incapacity's pre -known to the fighter, or other willful violation of IFC regulations, will be subject to Fines and suspension by the IFC Regional Director. finless otherwise specified in the fighters contract, the promoter will have no obligation to the ineligible fighters, and may demand reimbursement from the fighter for any expenses or purse pre -paid by the promoter, The promoter will, however, be obligated to pay the expenses of the opposing fighter who presents himself properly, plus any cancellation settlements if provided for in that fighters contract eM p Next ra revious 7301 ;UM; .. £ESH�1F. C) 2009 Copyright ea International Fighting Championships http://www.ifecagedeornbat.tv/moreeventDescrip46p3 .php 3/5/2010 :: International ngnting Lnannpionsnlps :: A "6- a — A Home I Schedule I Fighters I News I Hall of Fame I Gallery I IFC Gold I Discover IFC I Contact Us ' DISCOVER [PC >> IFC EVENT RULES IFC Warriors Challenge XXVII, Gold Country Casino. Fighters who are disqualified during their bout for willful gross ruse violations, or unprofessional performance, or who represent themselves improperly following their bout, may be subject to the same penalIns, at the discretion of the IFC Represeriolive, with Event Date:Mar the approval of the IFC Regional Director. 27,4PM FIGHTERS; EQUIPMENTAND SECONDS 1. UNIFORM ► Calendar A uniform approved by the IFC Representative must be wom by all fighters upon entering the ring. Any fighter presenting themselves ► Full Schedule in attire deemed inappropriate will be fined from $25.00 up to 10% of their purse by the IFC Representative, and will not compete in > Present Champions their bout until they present themselves according to regulations. Black bells may be wom at the option of the fighter and must be Pied securely around the waist, and can not be used by the fighter during the bout for anything but adornment. > Famous Videos No rings, jewelry, or items other than those authorized may be wom. > Press Releases 2. GLOVES, KNEE PADS, ELBOW PADS AND MOUTHPIECES } Media Coverage All fighters will wear regulation gloves approved by the IFC. If the gloves have been used previously, they must be whole, clean and t Interviews subject to inspection by the referee or by the IFC Representative as to condition. If found imperfect, they shall be changed before the bout starts. No breaking, roughing, or twisting of gloves shall be permitted. ► Posters Knee pads and elbow pads of soft substance may be worn by all fighters and are subject to the approval of the IFC Representative. ► Fighters All male fighters are encouraged to wear an approved groin protector. A plastic cup with an alNetic supporter is adequate. All fighters must wear fitted mouthpieces. All fighters are required to have an extra mouthpiece ringside during their match. Fighters must furnish their own knee pads, elbow pads, groin protectors and mouthpieces. At promoters must have several extra sets of gloves of common sizes to be used in case gloves are broken or in any way damaged beyond use during the course of the bouts. Fighters who do not present themselves properly equipped at the start time of their bout shall be subject to fines by the IFC Representative, and may be penalized by the referee, including being counted out of the match, if any equipment problems cannot be solved within 5 minutes of the referee's order to correct such problem. <. preuiuus Next >> &LACKBEU Tip G 2003 Copyright International Fighting Championships http:// www. ifecagedcombat .tv /moreeventDescripgee 4.php 3/5/2010 :: international rigntmg t nampton5tnps .. Home I Schedule I Fighters f News I Hail of Fame I Gallery I IFC Gold ( Discover IFC l Contact Us t'� : DISCOVER IFC >> IFC EVENT RULES IFC Warriors Challenge XXVII. Gold Country Casino, 3. GLOVES - STANDARD SPECIFICATION Event Date;Mar All gloves must be of a professional quality and must be approved by the IFC Representative, All gloves must be made so as to fit 27,4PM the hands of any Fighter whose hands may be unusual in size. The make and type of all gloves must be approved in advance by the IFG Representative. All gloves will be provided by the promoter. The referee must inspect and approve any tape used on the gloves. 4. HAND AND FOOTIANKL.E WRAPPINGS ► Calendar The wrapping of hands is prohibited. Full Schedule The use of footgear is prohibited. Present Champions The wrapping of feetfankles is not mandatory. Fighters who wish to wrap their feellankles shall be responsible for their own gauze ► Famous Videos and tape. Gauze shall be of the soft or soft- stretch type, and shall not exceed 2" in width. Tape shall be of the soft adhesive type and shall not Press Releases exceed 1.5'° in width. Up to 6' of tape may be used to wrap each foot and ankle. Media Coverage The IFG Representative, or his designee, most inspect all foollankle wrappings. ► Interviews 5. NUMBER OF SECONDS AND THEIR APPEARANCE P Posters Each fighter may have up to one seconds of his choice for non-title match, and two for title matches and each second, while assisting the fighter must wear an IFC approved uniform (subject to the approval of the IFC Representative), must present a neat ► Fighters and tidy appearance, provide a pail, tape, water bottle and other equipment necessary to perform his function. Seconds may not sit, stand on, lean on or touch the ring apron during the course of the bout, nor otherwise interfere physically or verbally with the bout or the duties of the officials. Seconds must remain in designated areas assigned to them by the IFC Representative during the bout At no Lime is a second allowed into the ring except with approval by the 1FC Representative. The IFC Representative may levy fines and/or disqualification of the fighter for improper and unprofessional conduct by the seconds. 6. THROWING IN THE TOWEL A manager or chief second may toss a towel into the ring in token of the defeat of his principal. K< Prev;PUS Next }> � EIT � 2009 Copyright Q lnternationat Fighting Championships http:// www. ifecagedcombat .tv /moreeventDescripw 15.php 3/5/2010 :: imemationat r ignung undn1piuiibwj,6 .. ._b.. . Home I Schedule I Fighters 1 News I Half of Fame l Gallery l IFC Gold I Discover 1FC 1 Contact Lis DISCOVER IFC a9 IFC EVENT RULES IFC Warriors Challenge XXVII, Gold Country Casino. CONDUCT OF BOUTS Event Date:Mar 1. DURATION OF BOUTS 27,4PM a) Nan - Championship bouts are three (3), five (5) minute rounds. b) Championship bouts are five (5), five (5) minute rounds. One and a half (1.5) minute rest between rounds. w Calendar The fight continues until one fighter submits, his corner throws in the towel, the referee stops the fight or the doctor stops the contest, Full Schedule or the time limit of the rounds expires. The time runs continuously and may be called or stopped only by the referee in special cases, Present Champions such as equipment malfunction or commitment of a foul. 2. REFEREE INSTRUCTION Famous Videos The referee will, before starting a bout, ascertain from each fighter the name of his chief handler and will hold said chief handler Press Releases responsible for the conduct of his assistant handler(s) during the progress of a bout. Media Coverage Immediately before the bout commences, the referee will call, the fighters to the center of the ring and conduct the traditional karate bow in the following manner: Interviews ► Posters a) The fighters, while standing in their starting zones (usually designated red cr blue), will face the referee; the bow and then bow to each other in customary fashion; and b) The referee will first bow to the fighters, who will return c) From the position in which the bow takes place, the fighters wil I prepare to fight as the referee signals the timekeeper that the r Fighters bout will commence. 0 3. AUTHORIZED OFFENS IVE TECHN IQUES All striking (punches, kicks, etc.) and grappling (take - downs, Throws, submission holds, etc_) techniques are allowed with the exception of those techniques specified as Fouls in Rule 4. 4. FOULS a) Fouls, at the discretion of the referee, based on the intent of the fighter committing the foul and the result of the foul, may cause time to be stopped in the bout and warnings, recuperation time and/or disqualification being issued. �a pre�:ious rdert» r SIAMBEff IV O 20 09 Copyright r International Fighting Championships http:l lwww. ifecagedcombat .tvimoreeventDescript�gjt6.php 3/512010 :: imemanonai r>grtttn i ttatdt�tuttattaNa ., mob— - -- Home I Schedule I Fighters I News I Hall of Fame I Gallery I 1FC Gold � Discover IFC � Contact Us DISCOVER IFC >> IFC EVENT RULES JFC Warriors Challenge XXVII, Gold Country Casino. (1) Flagrant disregard of the referee's instruction's; Event (2) Siting; E Aate:Mar Event (3) Eye gouging; (A) Clawing; (5) Groin techniques; (6) Striking to the throat; + Calendar (7) Fish hooking of the mouth; (8) Striking spine; Full Schedule (9) Point of Elbow strikes; (10) Head butts; + Present Champions (11) Kicks to front of Knee; + Famous Videos (12) Kicks to Head of Downed fighter, (13) Hair pulling; > Press Releases (14) Holding on to Fence; (15) Spiking an opponent to the canvas on there head or back of neck; Media Coverage (16) Throwing opponent out of fenced arealring; + Interviews (17) Intenffonaliy delaying the contest due to improper equipment, or by intentionally dropping or spitting out the mouthpiece. > Posters b) Disqualification occurs after any combination of three (3) fouls or after a flagrant foul. c) Fouls result in a point being deducted by the official scorekeeper from the offending contestant's score. ( The judges should only + Fighters make notations of points deducted by the referee, for each round) d) Only a referee can assess a foul. if the referee does not call the foul, judges must not make that assessment on their own. e) A fouled fighter has up to five minutes to recuperate. 0 If a foul is Committed: 1) the referee shall call time 2) the referee shall check the fouled contestant's condition and safety 3) the referee shall then assess the foul to the offending contestant, deduct points, and notify the comermen, judges and official scorekeeper -�� PYeuinus Nert rr r jJ BLACKEEL Fir -- ,SU --r._ l p 2009 Copyright @ international Fighting Championships http://www.ifecagedcombat.tv/moreeve,ntDescription7.php 3/5/2010 :: international righting chainpronstlips :: -6- Home , Schedule Fighters I News I Hall of Fame I Gallery I IFC Gold I Discover lFC I Contact Us r ='i DISCOVER IFC >> IFC EVENT RULES IFC Warriors Challenge XXViI, Gold Country Casino. g) If a bottom contestant commits a foul, unless the top contestant is injured, the fight will continue. If top contestant is injured, he will Event Date: Mar be give his recovery time and then put back into top position if able to continue. 27,4PM NOTE: A fighter who executes a fouling technique which is deemed malicious (with the intent of causing injury above and beyond the scope reasonably expected in a bout of this nature), may be subject to bearing the medical, as well as related recovery and recuperation expenses of the righter who is injured as a result of such fouling technique. ► Calendar 5, FOULING, STOPPING THE BOUT ► Full Schedule If the referee determines that the fouled righter needs time to recover, he may stop the bout (and the lime) and give the injured ► Present Champions fighter a reasonable amount of time to recover, up to a maximum of 5 minutes under normal circumstances. At the end of this reasonable rest period the referee and the ring physician will determine if the fouled fighter can continue the bout, 9 he can the bout ► Famous Videos will continue. ► Press Releases The results of the foul will be based on the following determination by the referee: if the referee determines that the foul was obviously committed by one of the fighters, and that the fouled righter did not contribute to the injury (by landing his groin on an ► Media Coverage opponents knee, etc.), the referee can disqualify the fighter committing the foul and declare the fouled fighter the winner. If the referee determines that the injured fighter was responsible for his own injury, the referee will not penalize his opponent in any ► Interviews manner. In this case, if the referee or ring physician determines that the injured fighter is unable to continue, he will lose by " lechnical 1, Posters knockout If the referee determines that there was no fault attributable to either fighter (that the injury was caused by both fighters), the referee ► Fighters will allow the injured fighter time to recover. If, at the end of the recovery period, the referee or the ring physician determines that the fouled fighter cannot continue, the bout will be called a "technical draw. If an injury occurs due to a suspected foul, that the referee was unable to see, a "blind foul ", the Referee may, at his sole and final discretion, confide with the IFC Representative, to determine where the fault may be placed. He may consider any, all, or none of the opinions expressed in making his determination. At his sole discretion, he may ask for a replay, if television equipment is available, of the technique in question before rendering his decision. A referee's decision on fouls may be overruled at ringside only by the IFC Representative, and then, only in the instance of a clear error or misapplication of the rules. Next }r <: Previous s�resrrrlr 4 E, t< -`�� 5 2409 Copyright @ International Fighting Championships http://www.ifccagedcombat.tv/moreeveiitDescriptrW8.php 3/5 /2010 :: International Fighting Championstups :: raguLuix Home I Schedule Fighters I News I Hall of Fame 1 Gallery I IFC Gold 1 Discover lFC I Contact Us DISCOVER IFC >> IFC EVENT RULES lFC Warriors Challenge XXVII, Gold Country Casino. 6. THE POWER TO STOP THE CONTEST Event Date:Mar 27,4PM Either the Referee, the fighters chief handler, the doctor or the fighter may stop contest. The referee or the doctor shall have the power to stop a bout at any stage during the bout, if he considers that either fighter is in such condition that to continue might subject him to serious injury. Should both fighters be in such condition that to continue might subject them to serious injury, the referee will declare the match a "technical draw". A fighter who submits or "taps our or a fighter who's chief handler "throws in the towel" loses ► Calendar the bout. ► Full Schedule 7, PROCEDURE FOR FAILURE. TO COMPETE ► Present Champions In any case where the referee decides that the fighters are not honestly competing, that a knOCkOilt is a "dive ", or a foul is actually a prearranged termination of the bout, he wil[ not disqualify a fighter for fouling, nor render a decision. He shall stop the bout and ► Famous Videos the bath fighters held an investigation and disposition for the funds by the IFC. The r Press Releases declare it ended, and order purses of pending announcer shall inform the audience that a "no decision" was rendered. The IFC Regional Director will have the final authority in rendering a decision on the match, including dispensation of purse moneys. ► Media Coverage B. STAND -UP RULE ► Interviews If IF bath fighters have gone to the ground and neither is actively working to improve his position then they shall be separated and ► Posters stood up by the referee_ The referee shall immediately restart the bout from the standing position. ► Fighters 9, MOUTHPIECES No fighter will be allowed to begin any bout wilhout a mouthpiece. Whenever the mouthpiece is knocked out by a fair blow or a focal tactic, or however the mouthpiece is dropped or spit out by the fighter, the referee shall wait for a lull in the activity of both fighters, call time out, stop the bout in place, and replace the mouthpiece. Willful dropping, or spitting out of the mouthpiece by a fighter, shall also be deemed as a "delay of bout" foul, and the fighter shall be penalized accordingly by the referee. The mouthpiece is replaced whenever it is lost for any reason. All fighters must bring two mouthpieces to the ringside for use during their match. Next » x� Previpu; '. i 1 FE_THE_iF_ 2009 Copyright @ International Fighting Championships http:// www. ifecagedcombat .tv /moreeventDescrip4W9.plip 3/5/2010 :: internatnonai r>gming %_nantptuu5ntpb .. wb- Horne f Schedule [ Fighters I News I Val[ of Fame 1 Gallery I IFC Gold I Discover IFC I Contact Us VP DISCOVER IFC >> IFC EVENT RULES IFC Warriors Challenge XXVII, Gotd Country Casino. PHYSICAL EXAMINATION AND SAFETY REGULATIONS Event Date;Mar 1. PHYSICAL EXAMINATION AND FEES 27,4PM The attending physician will have a suitable place or room in which to make his examinallons. His fens shall include temporary or emergency treatment to any injured fighter in the arena or dressing roam. The fees for such examination shall be home by the promoter. The physician to be retained must have been the recipient of an M.D. or D.O. degree, or recognized international > Calendar equivalent. ► Full Schedule 2. TIME AND EXAMINATION A thorough physical and eye examination will be given to each fighter by the attending physic -ran at the time of weigh -in. Unless ► Present Champions otherwise specified by IFCILocal Commission. Famous Videos 3. EXAMINATION ORDERED BY THE IFC Press Releases Any fighter who has been signed to a contract for a fight at any event may be ordered by the IFC to appear at any time to be weighed or to be examined by any physician designated by the [PC. ► Media Coverage Any fighter who participates in an IFC sanctioned event, may, at the request of the IFC Representative, be required to submit to a pre -fight or post -fight blood and/or urine examination for foreign substance. Any fighterwho refuses to submit to the examination will ► Interviews be immediately suspended for a length of time as specified by the IFC, and will be subject to disciplinary action and penalties as r• Posters provided in contractual agreements with the IFC and promoter. P l=ighters 4. REJECTIONS AND REPORTS Should any fighter examined prove unfit for competition, the fighter must be rejected, and an immediate report of the fact made to the promoter and the IFC Representative. The examining physician will, one hour before the start of any event, clarify in writing to the 1FC Representative that the fighters are in good physical condition. 5. REPORTS OF ILLNESS Whenever a fighter, because of injury or illness, is unable to take part in a bout for which he is under contract, he or his manager must immediately report the fact to the IFC. The fighter will then submit to an examination by a physician designated by the [FC. The examination fee of the physician is to be paid by the fighter, or the promoter, if the latter requests an examination. € BEACK8EtT7il "� wraaa © 2009 Copyright IntematiorralFighting Championships http:// www. ifceagedcombat .tv /moreeventDescripg8$ 10.php 3/5/2010 :: International righting Lhampionsnrps :: 1 "6�. JL ,,I Home I Schedule Fighters 1 Naws l Hall of Fame I Gallery 1 IFC Gold I Discover IFC l Contact Us Cam: DISCOVER IFC » IFC EVENT RULES IFC Warriors Challenge XXVII, Gold Country Casino. 6. CONTINUOUS PRESENCE OF PHYSICIAN AND EMERGENCY MOBILE UNIT Event 1]ate:Mar At least one licensed physician, possessing an M.D. or equivalent degree, and one standby emergency mobile unit, all approved in 27 APM advance by the IFC, must be in attendance at all IFC sanctioned events. The use of two physicians at ringside is skrangty recommended. The mobile unit must include a full range of resuscitative equipment and be parked inside or adjacent to an entrance of the building hosting the event. The physician(s) must sit at immediate ringside throughout the duration of the bouts. A stretcher and oxygen tank, and containers of "instant ice', must be readily available at ringside. ► Calendar No bout will be allowed to proceed unless the physician is in his seat. The physician shall not leave until after the decision in the final Full Schedule bout. He shall be prepared to assist if any serious emergency arises, and will render temporary or emergency treatments for cuts or ► Present Champions minor injuries sustained by the fighters. ► Famous Videos Under no circumstances are the fighters seconds permitted to enter the sing, or to attend to a fighter in any manner whatsoever, during the course of a bout. The ringside physician cannot attend to an injured fighter during the course of a fight. ► Press Releases 7. REPORT OF INJURY ► Media Coverage All attending physicians must report all cases in which the fighters have been injured during a bout, or have applied for medical aid 0- interviews after an event. If a fighter has suffered a knockout, or any other severe injuries whether in or out of the ring, and whether or not connected with IFC, and has on such account been heated by his personal physician or has been hospitalized, he and his manager r Posters must promptly submit to the IFC a full report from such physician or hospital. ► Fighters 8. FIGHTERS KNOCKED OUT Fighters who have been knocked out will be kept lying down unfit they have recovered. When a fighter is knocked out, no one will touch him except the referee, who will remove his mouthpiece, until the ringside physician enters the ring and personally attends the fatten fighter and issues such instructions as he sees fit to the fighter's handlers. if a righter suffers an injury, has been knocked out, or has participated in an unusually punishing bout, or if a technical knockout decision has been rendered against him by the referee, such fighter will be placed on the ill and unavailable list for such period of time as may be recommended by any approved IFC physician who may examine him. A fighter who loses a bout by knockout will be suspended from competition by the IFC for a minimum of 60 days. A fighter who loses a bout by technical knockout will be suspended for 30 days, or longer, if substantial head or body trauma was involved. [< previous Next » 1 r O 2009 Copyright C International Fighting Championships http://www.ifec,agedcombat.tv/moreeventDescripy,mll l .php 3/5/2010 :: international Pignting t,namp>.onsmps :: 1 "5 � a — Nome 1 Schedule l Fighters I News I Halt of Faire I Gallery I IFC Gold I Discover IFC f Contact Us 211 DISCOVER IFC ,a IFC EVENT RULES IFC Warriors Challenge XXVII, Gold Country Casino. S• SUSPENSION FOR DISABILITY Any fighter rejected by an examining physician will be suspended unfit it is shown that he is fit for further competition. Any fighter Event Date. Mar for 30 or 60 days for his medical protection, or suspended for a hard fight will take the same examination as required for 27,4PM suspended the eligibility physical, except as directed by the IFC. The physician may require any other procedure, including an electroencephalogram, if indicated. r Calendar 10. ADMINISTRATION OR USE OF DRUGS Full Schedule Use by a fighter of any of the listed substances, or any other drugs, will result in disqualifroation from his bout, and fines and suspension by the IFC Regional Director. r Present Champions RINGSIDE OFFICIALS, PERSONNEL AND DUTIES ► Famous Videos Press Releases 1. RINGSIDE OFFICIALS ► Media Coverage A referee, one timekeeper, an IFC Representative, a physician, all approved by the 1FC, will be employed at all IFC sanctioned IFC events. All IFC officials must be IFC certified. The IFC will appoint to each event an IFC Representative who will be responsible for Interviews the assignment of the referee. The IFC Representative will work with the promoter in the assignment of the other ringside officials, but the final authority for the selection and appointment of all ringside officials shall rest with the IFC Representative. U the event falls ► Posters within the jurisdiction of an athletic commission, and commission regulations require any alteration of this rule, the decision of the IFG Representative shall be final with regard to changes in number and qualification of the officials. ► Fighters 2. STATES WITH ATHLETIC COMMISSIONS in those states where IFC is regulated by Athletic Commissions, the commission will usually supply an on -site inspector who will assist the promoter in the operation of his event. In these cases, the IFC Representative will work jointly with the inspector in the performance of his duties. An inspector authorized and licensed by the state is empowered to make final decisions on all matters falling under his jurisdiction. 3. TIMEKEEPER'S EQUIPMENT All necessary equipment will be provided to the timekeeper by the promoter. CK Pe.0005 Next a> r cow s�t:xs�trru (; 2009 Copyright @ International Fighting Championships littp:fi www. ifecagedcombat .iv /moreeventDescrip innl2.php 3/5/2010 :: International righting Championships :: 1 "5. x — x Home f Schedule I Fighters 1 News l mall of Fame I Gallery I IFC Gold I Discover IFC I Contact Us s -t : DISCOVER IFC >> IFC EVENT RULES IFC Warriors Challenge XXVII, Gold Country Casino. 4 TIMEKEEPER'S DUTIES Event Date ;Mar The timekeeper will keep the time during each bout, starting and stopping the official clock, for time-outs designated to him by the 27,4PM referee. 5. TYPES OF BOUT RESULTS: a) Submission by: ► Calendar 1) Tap Out ► Full Schedule 2) Verbal lap out b) TKO by: ► Present Champions 1) Referee slops bout ► Famous Videos 2) Ringside Physician stops bout > Press Releases 3) Corner stops bout c) KO by: > Media Coverage 1) Failure to rise from the canvas ► Interviews d) Decision via score cards: ► Posters 1) Unanimous -- When all three judges score the bout for the same contestant. 2) Split Decision — When two judges score the bout for one contestant and one judge scores for the opponent. ► Fighters 3) Majority — When two Budges score the bout for the same contestant and one judge Scores a draw. 4) Draw — a. Unanimous — When all three judges score the bout a draw b. Majority — When two judges score the bout a draw c. Split — When all three judges score differently e) Disqualification f) Forfeit <:� pre uious Next rr r ._ t �B jLdECf l C Cr} 2009 Copyright @ International Fighting Championships http://www.ifccagedcombat.tv/moreeventDescrip4ff 13 .php 315/2010 International fighting Championships "8- 1 -. Home I Schedule Fighters I News 1 /-tall of Fame I Gallery I IFC Gold I Discover IFC I Contact Us s' ? DISCOVER IFC >a IFC EVENT RULES IFC Warriors - Challenge XXVII, Gold Country Casino. 9) Technical Draw Event Date:Mar h) Technical Decision 27,4PM 1) No Contest 6. SCORING TECHNIQUES Using the 10 -Point Must Scoring System, Judges are required to determine a winner of a bout that ends after the initial scheduled ► Calendar number of rounds have been comple led. 10 points must be awarded to the winner of the round and nine points or less must be awarded to the loser, except for a rare even round, which is scared (10 -10). ► Full Schedule Judges must evaluate mixed martial arts techniques, such as: ► Present Champions a) Effective Striking b) Effective Grappling ► Famous Videos c) Ring Contra[ ► Press Releases d) Effective Aggressiveness/Defense Evaluations shall be made in the order in which the techniques appear above, giving the most weight in scoring to effective striking, ► Media Coverage grappling, ring control and aggressivenessldefense. ► Interviews Mixed Martial Arts Techniques are defined below as: ► Posters a) Effective Striking: The total number of legal heavy strikes landed. b) Effective Grappling: The successful execution of a legal takedown and/or reversal including the following maneuvers: ► Fighters 1) Takedowns From standing position to mount position; 2) Passing the guard to mount position; 3) Bottom position fighters using an active, threatening guard. c) Ring Control: Dictating the pace, location and position of the bout using the following maneuvers: 1) Countering a grappler's attempt at takedown to remain standing and legally striking effectively; 2) Taking down an opponent to force a ground fight; 3) Creating threatening submission attempts pass the guard to achieve mount, while on the ground; 4) Creating striking opportunities, while on the ground. ie previous Next II` BpIA�CK.r�B(,�E�irgTy� r L....ZF Fr�S2d H—C 2009 Copyright lntsrnational Fighting Championships http:// www. ifecagedco mbat.ty /moreeventDcscrip� 14.php 3/5/2014 :: International Fighting Championships :: Y ct.y' V L V 1 1 Home I Schedule I Fighters I News l Fail of Fame I Gallery I IFC Gold I Discover IFC I Contact Us DISCOVER lFC » IFC EVENT RULES IFC Warriors Challenge XXVII, Gold Country Casino. d) Effective Aggressiveness /Defense: Moving forward and landing a legal strike, while avoiding being struck, takedown andlor reversed while performing the maneuvers described above. Event Date:Mar 27,4FM 7. OBJECTIVE SCORING CRITERIA: 10 -10 Round 1) When both contestants appear to be fighting evenly and neither contestant shows clear dominance, ► Calendar 2) When both contestants suffer equal numbers of legal knockdowns, takedowns, and strikes, and neither shows clear dominance in a round. r Full Schedule 10 -9 Round ► Present Champions 1) When a contestant wins by a close margin, landing the greater number of effective legal strikes, grappling and other maneuvers: ► Famous Videos 2) When a contestant remains in the guard position with no fighter having an edge in striking or grappling, the fighter who scored the legal takedown wins the round. ► Press Releases 10 -8 Round ► Media Coverage 1) When a contestant overwhelmingly dominates by striking or grappling in a round. 2) When a contestant adversely affects his opponent by knocking him down from legal strikes, threatening submission attempts, ► Interviews throwing, legal striking while standing or grounded. ► Posters 10 -7 Round ► Fighters 1) When a contestant totally dominates by striking or grappling in a round. 2) When a contestant detrimentally affects his opponents by knocking him down from legal strikes, threatening submission attempts, throwing, legal striking while standing or grounded. Judges should use a sliding scale and recognize the length of time the fighters are either standing or on the ground, as follows: 1) If 90 % of a round was spent on the ground, then: a) Effective Grappling is weighed first. b) Effective Striking is then weighed rilert ;> previous _ ,-omi.._ 7 i � fill I sLAaKBRrrl( "•, L r, 20Q9 Copyright a— international Fighting Championships http://www.ifecagedcombat.tv/moreeventDesciipvwl 5.php 3/5/2010 :: International Fighting Championships :: rage 1 01 1 Nome I Schedule l Fighters I News � Hall of Fame I Gallery J IFC Gold I discover IFC l Contact Us r ". DISCOVER IFC » IFC WENT RULES IFC Warriors Challenge XXVII, Gold Country Casino. 2) if 90% of a round was standing, then: Event Date :Mar a) Effective Striking is weighed first 27,4PM b) Effective Grappling is then weighed 3) If a round ends with 50% standing and 50% grounded, striking and grappling are weighed more equally. 8. ANNOUNCING THE RESULTS i, Calendar After the IFC Representative has completed verifying the master results card, the Representative will give the ring announcer the A Full Schedule results on 'Announcer's Final Result Sheet°. The announcer shall [hen, inform the audience of the decision over the public address system. The referee will indicate the winner as the announcer gives the winner's name. r Present Champions In the event of a knockout, a technical knockout, disqualification or forfeit, the announcer and referee will officially designate the ► Famous Videos winner and give the time at which the bout was stopped. In the event of a technical draw, the announcer will give the time at which the bout was stopped and will detail for the audience the nature of the decision. Press Releases g, CHANGE OF DECISION Media Coverage A decision rendered at the termination of any bout is final, and cannot be changed unless [he IFC Representative at [he event, or subsequently the 1FC Regional Director, determines that any one of the following occurred: ► Interviews There was collusion affecting the results of any bout. ► Posters There was a clear violation of the rules or regulation governing 1FG bouts which affected the result of any bout. If the tFC Representative or Regional Director determines that any of the above occurred with regard to any bout, then the decision Fighters rendered shall be changed as the IFC Representative or Regional Director may direct. 10. PROTESTS All protests over the decision of a match shall be verbally registered only by the protesting Fighter andlor his chief handler to the IFC Representative prior to the end of the event, who will note the nature of the protest in his Representative's report, All protests must . be received at the appropriate IFG office, in writing and accompanied by all pertinent evidence (videotapes, affidavits, etc.), no later than 10 days following the bout in question. No protest will be considered unless accompanied by the appropriate fee: Nan -title bouts - state, provincial or regional office - $50 U.S. Title bouts - Regional Director - $150 U.S. <t previous rye xt }} I MEN ELkCHB{IT; P �` + S:EF- THEIFQ__ Oc 2009 Copyright @ International Fighting Championships http:// www. ifecagedcoirnbat .tv /moreeventDescriptIPP1 G.php 3/5/2014 : international Fighting Championships :: rage 1 01 1 Home I Schedule I Fighters I Pews I Hall of Fame I Gallery I IFC Gold I discover IFC I Contact Us -t:i!ir DISCOVER IFC » IFC EVENT RUES IFC Warriors Challenge XXVtl, may appeal to In the event either party is dissatisfied by the decision rendered by i. stale, provincial or regional office, that party m Gold Country Casino. the IFC Regional Director accompanied b an additional $450 U.S. appeal fee. Event Daie:Mar 27,4PM All decisions by the IFC Regional Director are final. All parties should recognize that the IFC has NO authority over local athletic commissions and cannot change their rules. The standard for review is "clear" evidence which would justify a change of decision, or "clear' circumstances which in the best interest of t• Calendar the sport, would justify a change in decision. t Full Schedule Any questions on the rules or the IFC should be directed to the IFC Director; Present Champions Paul M. Smith ► Famous Videos 135 Barbara Ct. Sutter Creek, Ca. 95665 > Press Releases ifcpmsbcss@yahoo.com + Media Coverage a< previous P Interviews Posters r Fighters I 7' dig 1 j BLA&KSWTV r~ 2008 Copyright @ International Fighting Championships e< First http:// www. ifccagedcombat .tv /moreeventDesen'pt� 1?.php 3/5/2010 :: Intemational Fighting Championships :: rage iwl Home 1 Schedule l Fighters 1 News 1 Hall of Fame I Gallery I IFC Gold l Discover IFC I Contact Us ' DISCOVER IFC >> IFC EVENT DESCRIPTION IFC Warriors Challenge XXVII, - - Gold Country Casino. Each IFC show consists of 8 to 12 matches, varied by weight classes, in single and tournament formats. One main event right, two Event Date'Mar four -man tournaments, and two preliminary matches or the equivalent typically would make one show. Each fighter wears six to ten P7,4PM ounce MMA gloves. Gloves are specifically designed for MMA as fighters need to be able to grapple and work toward submission, as well as, strike. Fights can end by the following means; 1. Knockout. P Calendar 2. Referee stoppage. Full Schedule 3. Decision. 4. Corner throws in the towel. Present Champions 5. Submission (chokes, arm submissions, leg submissions). P, Famous Videos IFC non -title matches are broken down into three five - minute rounds. IFC championship matches are broken down into five five- minute rounds. > Press Releases All strikes (punches, knees, elbows, kicks) are legal while standing. But kicking a downed opponent is illegal. All submissions > Media Coverage (chokes, arm and leg holds) are legal. Small joint manipulations (fingers, etc... )are illegal. Head butts, eye- gouging, fish hooking, and i Interviews groin strikes of any kind are also illegal. A complete list of rules and regulations are available upon request. Posters All athletes most undergo a complete medical physical examination to include HIV, hepatitis B &C, and cardiopulmonary testing prior to compering. At each event, there is at least one registered physician, a triage room, and one EMT ambulance crew on -site. All P Fighters fighters are insured. These precautions equal or surpass the most stringent boxing comntisslon regulations in the U.S. IFC matches are held in either a 30 foot or 26 foot fenced cage. Unlike a ring, the fenced in fighting area with wire mesh protects the fighter from falling out or being thrown out. In MMA, grappling is a key element, and athletes could fall through the ropes of a conventional ring to endure worse damage than anything occurring inside. Fighter safety is a must in MMA, and the sport is actually proving much safer than boxing. Over four boxers die every year to brain related damage since striking to the head makes up the majority of the action. A boxer takes up to 200 shots to the head in a 12 round bout, thus increasing the propensity for long -term damage to the brainstem. Standing eight counts are also implemented to allow boxers to continue fighting, even if their mental faculties are impaired. Next 7� `}}rte � �►', BJAF_l_E _ Co 2009 Copyright @ international Fighting Championships http:// www. ifecagedcomhat.ty /mmaR.ules -php 117 3/5/2010 :: International Fighting Championships :: Xagu 1 Ui k Home f Schedule Fighters I Neras I Hall of Fame I Gallery I IFC Gold E Discover lFC I Contact Us DISCOVER IFC >7 ABOUT US IFC Warriors ChatlengeXXVII, Gold Country Casino. WC is an integrated media and entertainment company, principally engaged in the development, production and marketing of live MMA events and programming for television and online exhibition and the licensing and sale of branded consumer products featuring the IFC Event Date:Mar brand of MMA entertainment.. 27,4PM Bart.S.Fisher, Chairman, IFC Bart S. Fisher has been Chairman of IFC since 2007. He brings a wealth of intemational relations and legal experience to the IFC. He ► Calendar has been involved in sports - related ventures since 1990, having been President of Capital Baseball, Inc., and Vice President of the Prince William Cannons, the New York Yankees Carolina League team, From 1991 through 1994. As a graduate of Johns Hopkins Full Schedule (Ph.D.) and Harvard Law School, Bart is a recognized master of legal jiu jitsu. He advises IFC on international, financial and legal r Present Champions matters. r Famous videos Howard R. Petschler —Founder and CEO Press Releases Howard founded the IFC in 1996. A martial artist himself, Howard holds black belts in three different styles of martial arts and he has over 35 years of experience in the production of martial arts events. Howard was one of the first promoters of kickboxing in the United Stales ► Media Coverage and helped to legitimize and to gain acceptance for that sport. His events have been seen on ESPN, NBC, SHOWTIME, USA, TBS, INDEMAND and several foreign networks. He established kickboxing as a casino- marketing event by successfully and regularty h Interviews promoting one of the first ESPN kickboxing shows from Bally's Hotel in Atlantic City beginning in 1980. r Posters Howard has been instrumental in getting mixed martial arts fighting established as a legitimate sport. Howard has twice been voted w Fighters Promoter of the Year by his peers. Paul Smith - Senior Vice President Mr. Smith is considered to be one of the best matchmakers in Mixed Martial Arts. He is a 2nd Dan in American Karate, 2nd Dan in combat Ninjutsu and a Brown Belt in Judo, Sambo and Aikido. A former Air Commando, he retired as a U.S. Air Force Staff Sergeant. While in the USAF, he earned many honors for leadership, physical fitness and marksmanship, as well as excelling in all facets of security training and instruction. Mr. Smith graduated from the FBI Hostage Rescue School, the US Secret Service Protection School, Emergency Service Teams Tactics, Law Enforcement Specialist School, Texas Police Officer Academy and PRO Train Institute (Protection and Police Dog Training School). Mr. Smith was the initial Martial Arts Advisor for the California Stale Athletic Commission and has been instrumental in development and acceptance of Mixed Martial Arts by that commission, the Nevada Athletic Commission and several others. qn, EUM BidL'tiBElt T °� L� F�'i}11t.1f C 2009 Copyright ca International Fighting Championships http:// www .ifecagedcombat.ty /aboutUs -php 118 31/51201'0 S,82 MARTIN'S CRIMINAL CODE, 2003 Section 81(1)(d) relates to the possession, care or control over such a device. To out the offence under this paragraph, it must be shown that the accused had the inte by the possession, etc., of the device to either endanger life, cause serious pr( damage or to enable another to do so. The maximum sentence for offences under s. 81(1)(c) and (d) is 14 years. ANNOTATIONS A conspiracy to violate subsec. (1)(a) may be based on possession of explosives wb requisite intent is shown, notwithstanding the existence of the specific possession in subsec. (1)(d): R. v. Musitano (1985), 24 C.C.C. (3d) 65, 53 O.R. (2d) 321 (C.A.). POSSESSION WITHOUT LAWFUL EXCUSE / Possession in association with criminl organization. 82. (1) Every person who, without Iawful excuse, the proof of which lies on V person, makes or has in the possession or under the care or control of the persona explosive substance is guilty of an indictable offence and liable to imprisonment) a term not exceeding five years. (2) Every person who, without lawful excuse, the proof of which lies on the perss makes or has in the possession or under the care or control of the persona explosive substance for the benefit of , at the direction of or in association will criminal organization is guilty of an indictable offence and liable to imprisonnit for a term not exceeding fourteen years. R.S., c. C -34, s. 80; R.S.C. 1985, C..27 (: Supp.), s. 12; 1997, c. 23, s. 2. CROSS - REFERENCES Definition of "explosive substance" and "criminal organization ", see s. 2. Definition of posse see s. 4(3). The accused has an election as to mode of trial pursuant to s. 536(2). Release pending U governed by s. 515. This offence may be the basis for an application for an authorization to intf private communications by reason of s. 183. Other offences in relation to explosives: s. 78 (taking explosive aboard civil aircraft); s. 80 (b of duty of care in relation to explosives); s. 81 (using explosives). SYNOPSIS This section makes it an indictable offence to make, possess or have care or controls explosive substance. The section permits the accused to rely upon a lawful excuse; places the onus on the accused to establish it. The punishment upon conviction for offence is a maximum of five years, except if the possession is for the benefit etc., criminal organization, in which case the maximum is 14 years and any sentence is I served consecutively pursuant to s. 82.1. ANNOTATIONS The burden imposed on the accused by this section does not apply until the C: proves beyond a reasonable doubt that the accused had possession of the explosive V. Mongeau (1957), 25 C.R. 195 (Que. C.A.). SENTENCES TO BE SERVED CONSECUTIVELY 82.1 A sentence imposed on a person for an offence under subsection 82(2) sha served consecutively to any other punishment imposed on the person for an offs arising out of the same event or series of events and to any other sentence tow . the person is subject at the time the sentence is imposed on the person for an 4 subs n 82( , 97, c .2. PART II:1 - TERRORISM S.83.01 Prize Fights ENGAGING IN PRIZE FIGHT / Definition of !'prize fight ". -83; (1) Every one who (a) engages as a principal in a prize fight, (b) advises, encourages or promotes a prize fight, or (c) is present at a prize fight as an aid, second, surgeon, umpire, backer or reporter, is guilty of an offence punishable on summary conviction. this section, "prize fight" means an encounter or fight with fists or hands between two persons who have met for that purpose by previous arrangement made by or for them, but a boxing contest between amateur sportsmen, where the contes- tants wear boxing gloves of not less than one hundred and forty grams each in mass, or any`boxmg contest held with the permission or under the authority of an athletic 'board or eorhutission or similar body established by or under the authority of the legislature of a province for the control of sport within the province, shall be deemed Otto be a prizefight. R.S., c. C -34, s. 81; R.S.C. 1985, c. 27 (Ist Stipp.), s. 186. CROSS - REFERENCES The tzW 6f this offence is conducted by a summary conviction court pursuant to Part XXVII. The punishment' for the offence is set out in s. 787 and the limitation period is set out in S. 786(2). `�telene'peitding trial is determined by s. 515, although the accused is eligible for release by a peace ofcer under ss. 496,497 or by the officer in charge under s. 498. SYNOPSIS This section prohibits prize fights as defined by s. 83(2). The definition is tailored to exclude sanctioned bouts and amateur boxing if the march meets the criteria in subsec. Thas:sutnmary conviction offence may be committed by being one of the pugilists, advising or encouraging others to fight or by promoting the fight. The presence of certain persons is also an offence if the person is there to act in one of the specific eapacities which are prohibited, including that of surgeon, second, reporter, umpire, aid it backer. Rartll,l [TERRORISM 'NOTE': Part IIA (ss. 83.01 to 83.33) enacted by 2001, c. 4I, s. 4 (in force January 17, ferpreta tion INITIONS / For greater certainty / Facilitation. The following definitions apply in this Part. nadian" means a Canadian citizen or a permanent resident, within the meaning absection 2(I) of the 1mmigration Act, or a body corporate incorporated or contin- under the laws of Canada or a province. tity" means a person, group, trust, partnership or fund or an unincorporated iciation or organization. ed entity" means an entity on a list established by the Governor in Council er'section 83.05. ac Chap. M -22 Loi sur les municipalizes 10(2) A council shall hold at least four regular mectings in each year. 1966, c.20, s.10; 1967, c.56, s.2; 1976, c.40, s.l; 2003, c.27, s.4. 10.1(1) Unless disqualified to vote by reason of interest or otherwise upon a by -law, resolution, mo- tion or for any other purpose, each member present, including the mayor, shall announce his or her vote openly and individually, and the clerk shall record it, and no vote shall be taken by ballot or by any other method of secret voting, and every vote so taken is of no effect. 10.1(2) Notwithstanding subsection (1), a munic- ipality may, in a procedural by -law enacted pursuant to section 10.3 or in a municipal charter or private or special Act of the municipality, provide that the mayor shall not vote except to have a casting vote in the event of a tie. 1975, c.40, s.l; 2003, c.27, s.5. 10.2(1) Subject to subsection (4), all regular and special meetings of a council shall be open to the public. 10.2(2) All decisions of a council shall be (a) made in a regular or special meeting of the council, and (b) adopted by a by -law or resolution of the council. 10.2(2.1) No act or decision of a council is valid unless it is authorized or adopted by a by -law or res- olution at a council meeting. 10.2(3) Subject to subsection (4), all meetings of a committee of council shall be open to the public. 2003 -06 120 18 10(2) Un council doit tenir au moins quatre re- unions ordinaires chaque annec. 1966, c.20, art.10; 1967, c.56, art.2; 1976, c.40, art. 1; 2003, c.27, art.4. 10.1(1) Sauf lorsqu'un conflit d'interet ou tout autre motif le prive du droit de voter sur un arrete, une resolution ou une motion ou sur toute autre question, chaque membre present y compris le maire doit faire connaitre publiquement et person - nellement son vote qui doit titre constate par le se- cretaire; le vote ne peut avoir lieu par bulletin ou par toute autre methode garantissant 1'anonymat; tout vote effectue dans ces conditions est nul et de nul ef- fet. 10.1(2) Nonobstant le paragraphs (1), une muni- cipals to peut daps un arret6 procedural adopts en ap- plication de Particle 10.3 ou d'une charte munici- pale ou d'une loi d'inter6t prive ou particulier de la municipality pr6voir que le maire ne doive pas voter sauf Bans le cas du partage des voix, auquel cas it a voix pr6ponderante. 1975, c.40, art.l ; 2003, c.27, art.5. 10.2(1) Sous reserve du paragraphe (4), toutes les reunions ordinaires at extraordinaires d'un conseil soot ouvertes au public. 10.2(2) Toutes les decisions d'un conseil doivent titre a) prises au tours de ses reunions ordinaires ou extraordinaires, et b) adopt6es par un arrat6 ou une resolution du conseil. 10.2(2.1) Aucune action ou decision d'un conseil nest valide i moins d'etre autorisee ou adoptee par un arrete ou une resolution � une r6union du conseil. 10.2(3) Sous reserve du paragraphe (4), toutes les reunions d'un comM du conseil sont ouvertes au public. Chap. M -22 Loi sur les municipalites pected illegal activity, or the source of such infor- legale ou suspectee d'etre illegale ou la prove - mation; or nance de ces renseignements; ou (j) labour and employment matters, including the negotiation of collective agreements. 10.2(5) If a meeting of a committee of council is closed to the public pursuant to subsection (4), no decisions shall be made at the meeting except for decisions related to (a) procedural matters, (b) directions to an officer of the municipality, or (c) directions to a solicitor for the municipality. 10,2(6) If a meeting is closed to the public pursu- ant to subsection (4), a record shall be .made con- taining only the following: (a) the type of matter under subsection (4) that was discussed during the meeting; and (b) the date of the meeting. 10.2(7) The record made under subsection (6) shall be available for examination by the public in the office of the clerk during regular office hours. 1981, c.52, s.1.1; 1982, c.43, s.2; 2003, c.27, s.6. 11(1) In addition to any other powers given by this Act, a municipality may make by -laws for the fol- Iowing purposes: (a) Repealed: 2003, c.27, s.8. (b) Repealed: 2003, c.27, s -8. (c) Repealed: 2003, c.27, s -8. (d) Repealed: 2003, c.27, s.8. 2003 -06 121 20 j) d'information relative au travail et a 1'em- ploi, y compris la negociation de conventions collectives. 10.2(5) Si une reunion d'un comite du conseil est fermee au public en application du paragraphe (4), aucune decision ne peut titre prise lors de la reunion � ('exception des decisions relatives aux a) questions procedurales, b) directives donnees a un fonctionnaire de Ia municipalite, ou c) directives a l' avocat de la municipalite. 10.2(6) Si une reunion est fermee au public en vertu du paragraphe (4), un registre doit titre fait contenant seulement ce qui suit : a) le genre de questions en vertu du paragraphe (4) qui ont ete discutees pendant la reunion; et b) la date de la reunion. 10.2(7) Le registre fait en vertu du paragraphe (6) peut titre examine par le public au bureau du secre- taire aux heures normales d'ouverture, 1981, c.52, art.1.1; 1982, c.43, art.2; 2003, c.27, art.6. 11(1) Outre les autres pouvoirs que lui conf6re la presente loi, une municipalite peut prendre des arre- t6s municipaux aux fins suivantes a) Abroge : 2003, c.27, art.8. b) Abroge : 2003, c.27, art.8. c) Abroge : 2003, c.27, art.8. d) Abroge : 2003, c.27, art.8. Municipalities Act (d.1) notwithstanding paragraph 7(3)(b), pre- scribing fees to be charged for the use of recre- ational or sports facilities provided by the munic- ipality; (d.2) notwithstanding paragraph 7(3)(b), pre- scribing fees to be charged for the participation in recreational or sports programs provided by the municipality; (e) regulating and licensing the owners and op- erators of taxi cabs within the municipality, fix- ing a schedule of minimum fees, maximum fees or minimum and maximum fees to be charged by them and prescribing a schedule of licence fees to be paid by them; (0 regulating and licensing transient traders; (g) prohibiting or regulating the sale by retail and the possession and discharge within the mu- nicipality of spring guns, air pistols and air ri- fles; defining the meaning of the words "spring guns ", "air pistols" and "air rifles" as used in the by -law; licensing persons to sell the same at retail to any person upon such terms and con- ditions as such by -law may prescribe; requiring every person owning or possessing spring guns, air rifles or air pistols to register the same and to obtain a permit therefor; authorizing the seizure and disposal of spring guns, air rifles and air pistols had or kept in contravention of such by- law; (h) regulating and licensing exhibitions of nat- ural or artificial curiosity, circuses, outdoor mu- sical concerts and other shows or exhibitions for hire or profit, and for granting or refusing to issue any such licence or to issue any such licence on any condition as in the discretion of the council may be necessary; 122 Chap. M -22 d.1) nonobstant 1'alinea 7(3)b), fixer les droits A acquitter pour l'utilisation des installations re- creatives ou sportives foumies par la municipa- lite; d.2) nonobstant 1'aiinea 7(3)b), fixer Ies droits a acquitter pour la participation aux programmes recreatifs ou sportifs fournis par la municipalite; e) delivrer des permis aux proprietaires et ex- ploitants de voitures -taxis Bans la municipalite, reglementer leur activite, etablir un bareme des prix minimum, maximum ou un bareme des prix minimum et maximum pour une course et fixer un bareme des droits a acquitter pour obtenir le permis; f) reglementer le commerce et la delivrance des permis des marchands ambulants; g) interdire et reglementer la vente au detail, la possession et 1'emploi dans la municipalite des fusils a ressort, des pistolets et des carabines >n air comprime; definir les expressions o fusil a ressort >>, « pistolet � air comprime » et carabine a air comprime » tels qu'ils sont em- ployes dans l' arrete municipal; delivrer des per - mis a certaines personnes pour la vente au detail de ces armes suivant les modalites et conditions imposees par cet arrete municipal; exiger des proprietaires ou des personnes en possession de fusils h ressort, pistolets et carabines a air com- prime de les enregistrer et d'obtenir un permis; autoriser la saisie et la disposition des fusils A ressort, des pistolets et des carabines a air com- prime possedes ou gardes en violation de cet ar- rete municipal; h) reglementer la tenue d'exhibitions de curio - sites naturelles ou artificielles, de spectacles de cirques, de concerts en plein air ainsi que des autres spectacles ou expositions payants ou a but lucratif, delivrer des permis a ces fins et accorder ou refuser la delivrance d'un tel permis ou ne le delivrer qu'aux conditions que le conseil peut, a sa diseretion, estimer necessaire d' imposer; 21 2003 -05 BY-LAW NUMBER A BY -LAW ESTABLISIHING AN ATLETICS COMMISSION Be in enacted by the Common Council of The City of Saint John as follows: Definitions 1. In this By-law "Commission" means The City of Saint John Athletic Commission. "Connected with any Regulated Sport" refers to an official, referee, matchmaker, promoter, financier, second, manager, or in any other position or capacity where the possibility may arise of a conflict of interest between such member and their duties and responsibilities as a member of the Commission. "Council" means the Council of The City of Saint John "Member" means a member of The City of Saint John Athletic Commission "Promoter" means any person promoting, holding or conducting a Regulated Sport. "Regulated Sport(s)" means professional boxing, wrestling, kickboxing and like activities, contests and exhibitions. The Role of the Commission 2. The Commission is authorized to: (a) regulate and supervise Regulated Sports; (b) specify equipment to be used in such Regulated Sports; (c) prescribe rules of conduct of Regulated Sports; (d) approve and maintain control over the appointment /dismissal of any and all officials taking part in any Regulated Sports; (e) issue permits that include terms and conditions upon which the Commission sanctions to the persons conducting Regulated Sports as a condition of their being held; 123 (f) issue permits to boxers, wrestlers and other participants in Regulated Sports, as deemed necessary, and as a condition of their participating therein; (g) review and approve contracts for Regulated Sports; (h) investigate the conduct of any participants in Regulated Sports or of the persons conducting them, and particularly with respect to any alleged breaches of this Bylaw or rules made hereunder; (i) establish and impose reasonable fines for misconduct, or breaches of this bylaw or the rules established by the Commission to prohibit such participants or persons from taking part in any Regulated Sports in The City of Saint John for reasonable periods; %) prohibit a person from participating in or conducting regulated sports, or from advertising them, unless he has been granted a permit for that purpose; and (k) require all persons holding, conducting, participating or connected with any Regulated sport to pay the applicable license and permit fees and charges imposed for such participation by the Commission to The City of Saint John in the amount required by the Commission as established from time to time. Quorum 3. A quorum of the Commission shall be three (3) voting members. Appointment of Members 4. The Commission shall consist of seven (7) members, each appointed by Council, as follows: (a) Five (5) "at large" voting members; (b) One (1) Councillor to sit in an advisory capacity, as a nonvoting member; (c) One (1) Saint John Police Force Officer, as a nonvoting member. Terms of Appointment 5.1 All appointments to the Commission shall be for a term of three (3) years without remuneration. All terms expire, unless extended by Council resolution. 5.2 A member, while an appointee to the Commission, shall not be directly or indirectly connected with any "Regulated Sport" held within The City of Saint John. 124 5.3 Every member shall continue to hold office until a successor is appointed. 5.4 The Council may, by an affirmative vote of the majority of Council, remove a member of the Commission from office at any time. 5.5 Upon the resignation, the removal from office or the death of any member during their term of office, the Council shall appoint a successor in accordance with the provisions by which the vacating member was appointed. Inaugural Meetin 6. At the Inaugural meeting of the Commission, the members shall elect a Chair from amongst their number by majority vote. The Chair thus elected shall serve a three (3) year term. A member may be appointed for a maximum of three (3) consecutive terms as the Chair. At the Inaugural meeting of the Commission, the members shall from amongst its members appoint, by resolution, persons to serve on a rotating basis as Acting Chair and each member duly appointed as such shall fulfill the responsibilities of the Chair in their absence. Notice of Commission Meetings 7.1 At least 72 hours prior to a meeting of the Commission, members will pickup at City Hall, a meeting agenda setting out all items for consideration. 7.2 At least 72 hours before a meeting of the Commission, the public will be notified of the time, place and date of the meeting by way of posting of an agenda at City Hall. Location and Time of Commission Meetings 8.1 Regular meetings of the Commission shall be held at least once every six (6) months, or more frequently at the direction of the Chair, to deal with outstanding matters in regard to regulated sports. Attendance of Public at Meetings 9.1 All Commission meetings shall be open to the public. 9.2 Where the Commission wishes to close a meeting to the public, it may do so by adopting a resolution. The Chair 125 10.1 The Chair, when present, shall preside at all meetings of the Commission using Roberts Rules of Order to govern the meeting. 10.2 Every question submitted to a meeting shall be decided by a majority of the voting members present. Delegations 11.1 All delegations requesting permission to appear before the Commission shall submit a written request, including a written synopsis clearly outlining their topic of concern. Opening Procedures 12.1 Call Meeting to Order - At the hour set for a meeting to commence, and provided that a quorum is present, the Chair shall call the meeting to order. 12.2 Lack of Quorum - Should there be no quorum present within fifteen (15) minutes after the time appointed for the meeting to commence, the Chair shall ask the Secretary to record the names of the members present and then adjourn the meeting. Minutes 13.1 Minutes of the proceedings of the Commission shall be legibly recorded in a minute book. The minutes shall be certified as correct by the Chair or other member presiding at the meeting, or at the next meeting at which they are adopted. A copy shall be forwarded to the Office of the Common Clerk for The City of Saint John to be included in the City's records. 13.2 The minutes shall be open for inspection by any person who may make copies and extracts at all reasonable times on payment each time in accordance with City of Vernon Fees and Charges Bylaw Number 3909. Prohibition 14.1 No person shall hold, conduct, participate in or be connected with any Regulated Sport except in compliance with this Bylaw and all rules and regulations prescribed by the Commission under authority of this by-law and, without limiting the generality of the foregoing, without first obtaining from the Commission all required permits and licenses and paying all permit and license fees prescribed by his by-law. Permit and Licence Fees 126 15.1 Every person holding, conducting, participating in or connected with any Regulated Sport shall pay the applicable licence and permit fees hereby imposed and set by Commission from time to time Security Deposit 16.1 Before any permit is issued to hold a "Regulated Sport ", the Promoter and each of the contestants shall deposit such security as the Commission may determine reasonable for the faithful performance of their obligations as specified by the Commission with the City of Saint John. 16.2 In the event such "Regulated Sport" is not carried out or in case any Promoter or contestant is guilty of misconduct or of disobeying any of the rules and regulations established by the Commission, the security so deposited by the Promoter or contestant who is guilty of such misconduct or is in breach of contract, shall be forfeited to the Commission, to be used by the Commission for the purposes for which the security was required, including but not limited to, disbursing the security deposit to those persons entitled thereto. 16.3 The Commission shall have the power to prescribe rules and regulations for all Regulated sports including, without limitation, rules and regulations: (a) Regulating the conduct of professional boxing and wrestling contests and exhibitions and of Mixed Martial Arts contests and exhibitions; (b) Prohibiting participating in any such professional boxing or wrestling contest or exhibition without the first obtaining all permits and licenses required by this Bylaw and the Commission and paying all required licence and permit fees; (c) Requiring the payment of security by promoters, participants and others; (d) Requiring promoters, participants and others to enter into contracts and grant indemnities and waivers of liability for the Commission and The City of Saint John in respect of any contest or exhibition; (e) Regulating the equipment, personnel and medical and health and safety requirements to be used or provided for any contest or exhibition. Safety 17.1 In order to ensure that a "Regulated Sport" is conducted in a safe and orderly manner, the Commission may require medical personnel, police, referees, judges, officials, or supervisory personnel as the Commission deems appropriate, to be in attendance at any "Regulated sport ". 127 17.2 The Commission may require the Promoter or persons in charge of any "Regulated Sport" to pay such amount as will cover the costs of providing medical, police, referees, judges, officials or supervisory personnel, as deemed appropriate by the Commission in Section 16.1. 17.3 The Commission may withhold the issuance of any permit until the persons concerned have made arrangements satisfactory to the Commission to pay such amount as outlined in Section 16.1. Medical Officer 18.1 The Commission may require, as deemed appropriate, a medical officer (who shall be a duly qualified medical practitioner from the Province of New Brunswick) to examine the contestants immediately prior to a "Regulated Sport" event and to pronounce each contestant physically fit to engage in the event. 18.2 The Commission may require the Promoter or persons in charge of any regulated event to pay the costs of providing medical services as outlined in Section 18.1. 18.3 Persons deemed unfit to fight under Section 18.1 will be disqualified and the security deposit may be forfeited. Financial and Liability Responsibilities 19. The proposed expenditures and revenues to be incurred in the operation of the Commission shall be included in the Annual Budget of The City of Saint John. 20. The Commission shall keep accurate records of all monies received and expended by it, which accounts shall be open for the inspection by any Official of The City of Saint John so appointed for that purpose. 21. The Promoter shall take out or cause to be taken out and keep or cause to be kept, in force at all times during the term of this contract, comprehensive public liability insurance in respect of claims for personal and bodily injury, death or property damage arising out of any occurrence related to the "Regulated Sport" specified in the contract in the amount of not less than five million ($5,000,000) dollars per occurrence. 21.1 The Promoter shall cause each policy of insurance required to be maintained by it: (a) to name The City of Saint John as additionally insured under thepolicy, (b) to contain a cross-liability clause, 128 W to provide that the coverage under the policy cannot be cancelled, nor any provisions changed or deleted unless 30 days prior written notice is given to the Commission by the insurer. 21.2 The Promoter shall provide to the Commission from time to time, upon request, proof that all premiums under the policies required to be maintained by the Promoter, have been paid and that they are in full force and effect and contain the terms and conditions outlined in Section 21.1. Indemnity 22. The Commission, as a condition of granting a Promoter permission to hold or conduct any Regulated Sport event, shall require that= the Promoter of the Regulated Sport event grant the Commission and The City of Saint John an indemnity, indemnifying and saving harmless the Commission and The City of Saint John from and against all claims, losses, damages, costs and liabilities of any kind (including solicitors' fees on a solicitor client basis and other professional advisers), arising out of, or related, directly or indirectly, to: (a) any breach, violation or non-performance by the Promoter, a participant or any person connected with any Regulated Sport of any provision of this Bylaw, any rule or regulation prescribed by the Commission or any covenant, term, condition of any agreement entered into between the Promoter or a participants and the Commission; or (b) any personal or bodily injury, death or property damage suffered by any person arising from, or in any way related to, the holding of the Regulated sport event. 22.2 Further, each person participating in a Regulated Sport event, shall grant to the City of Saint John a waiver of liability, in a form acceptable to the Commission, in respect of that person's participation in the Regulated Sport event. s 4' 23. Any decision of The City of Saint John Athletic Commission made pursuant to this Bylaw may be appealed to the Council. 24. Notice of such appeal setting out the grounds thereof shall be given to the City Clerk within seven (7) days of the decision complained of. The City Clerk shall place such appeal on the next agenda of the regular meeting of The City of Saint John following receipt of such notice; or the appeal may be heard at a special meeting of Council called for such purpose. 129 Penticton Herald - Stories - Fage I or L Ren;i^Wn PENTicToN HERALD 6�""iICTO \` ilElt.Al.b _ r 1 news _.. _.-- - --�-.— ... .......- .,,.......�..,» --.-._ s Friday, Mar tl5,2910 gearcn a PF'4rlCiO\ 11'".0 BRRt�Ki G NTME .._ ; - G_ news 5[ NA1rE Al Ga]agOnos Sign Up Let's get it on: Cage fighting coming to Penticton Sand a Letter t Email this article Advanced Search Here Scott Trudeau Printer Friendly page o the Editor H are Saturday, April 18, 2009 �'�Tj' f�=[i #�T'f� Love R or hale it, the controversial Sport of professional cage fighting is set to debut In Pentiden. Sec your business The International Fighting Championship (IFC) is set to gel it on Aug. 15 at the South Okanagan Events Centre. an tilis s1w Fighters employ mixed martial arts to their bouts, and rules allow them to punch, kick, knee, throw, choke and incapacitate an opponent using Click here various arm bars and leg locks. Biting arid bending back an opponent's loes or fingers are prohibited, as are spitting and pulling hair. A bout can also stop if a righter 'Laps 01A," his or her comer throws in the towel or the fight is Gaited by the referee. ► Front Page Otherwise, just about anything goes while fighters are lacked in the cage. r Local Women fight under the same rules as men, and opponents are matched by weight and skill level. Howard Pelschler is the CEO and founder of 1 FC, which has roots dating back to 1996. He has a black belt in martial arts and has been a ► National practitioner of the sportfor more than 35 years. ► World Petschler said the Vancouver Boxing Commission would not permit the IFC and related events there, so he had been exploring the possibilty of r Business bringing it to the Okanagan. With its no- holds - barred, cage -match setting, extreme fighting has drawn Its share of critics, including local resident John Cornelissen, who is i, Entertainment bowled over by the announcement. ► Obituaries "I believe It's the wrong way to go,* said Cornelissen, who sees it as the glorification of violence in society, particularly among today's youth, >• gs who he said are already bombarded with images of brutality and bloodshed in video games and fights depicted on TV. TV Listings > Health isin "It's incredible,' he said. "Why should we have Lin local entertainment? The reason we hold it is to make money, but that is not the way to go,' According to Petschler, the sport is misunderstood. s Technology -1 can tell you there's centuries, if not millenniums, of history behind the martial arts, and that's really what this is; he said. Travel He does not dispute that fans are attracted to the violent element of the fights. However, with its punching, kicking, flipping and grappling moves, extreme fghing is simply a combination of various Olympic sports, he said. ► Oddities 'It's so fast paced, and it has a perception of violence. Thais why It appeals to [be younger generation, because it is so quick; said Petechler. r Don't Miss "There's so much going on... its really a very intricate chess match in there. • Newspaper Ads The fighters are not dim -witted pugilists, insists Petschier. Several are college educated, and others are Olympic champions. IFC and its ,�. counterpart, the Ultimata Fighting Championship, feature some of the best athletes in the world. The WC w14 bring a yet-to-be announced 10- person fight card to Penticton. ►Sports Sean Bacon, chief instructor at Pent thanes F.I.T.E. Club, a mixed martial arts busiress, is oo- promoting the event. Bacon once was a military ►Local Sports poi ceman and paratrooperwho served 12 years in the Canadian Forces. ►Ski Reports 'These are elite athletes," Baron said.' They are the best at their game. What I tell people is try to understand that in this particular sport, they're just doing their best to out -think their opponent. It's no different than boxing, and many people feel the same way about boxing and boxing's been around for generations Bacon calls caged, mixed martial arts righting the evolution of boxing. The IFC has changed its rules with respect to fight safety. It works with neurologists and medical advisory boards, said Petschler, who noted the majority of Injuries to fighters are dislocated and hyper - extended joints. Besides submission, fights can be won by knockout or on the scorecard. Hours consist of three iive•minule rounds in a non- championship and ►Classifieds five five - minute rounds in a championship fight. ►Connections Bacon said he works as a physical trainer with hockey players and members of [he national freestyle ski team, and that when it comes to r Place An Ad conditioning, extreme fighters are lop - notch. Fit WEEK-0.0 'These guys train an a completely different level,' he said -'They have to be at the lop of their game anaerobically (and) aerohioally. They've got Ic think on lheirieel {and) change their tactics on a dime; NNNEMTickets for the Penticton event range in price from $39 to $80. They go on sale at 10 a.m. May i at the Everts Centre box office, Penticton and .Wirie Country Visitor Information Centre, through www.valleyfirsliix,com or charge by phone at 1- 877 - 763-2849. The event is sanctioned by the Penticton Athletic Commission, Opinion Poll Top of Page How do you reel abpu]this Mixed Martial Arts & Fitrt C ithin;,ir.wr ble Toronto's premier mixed martial art Krav Maga,Kickboxiilg,WSABP SikaranA r- titwasnecessa7M=cuPh ww\N 'Makid,ca Adab G i2 mea y - Q _ suamn WEEK IN f!EVIEW _ e e a F Y s"rc�eGwr 2'. KXa YS ^ ack = Grove .a.6 ra 1 4 m? Y% A=Ek 9 Ra cry A:a ca ►Photo Archives ►20071ronman Photos Go, <ile - Sgarch >Make us your homepage ►Contact Us ►Career Opportunities rLetters To The Editor ►Article Archives r Carrier Applications rSponsorship Application i,Rato Card Online Advertising r Our Other Publications i, Upcoming Routes F F. A. 4. :Change of Address rDelivery Concerns rCustomer Service Form r'Suspend Delivery ►Canada 411 http://www.pentictonherald.ca/stories—local,php?i�el 79905 3/5/2010 City council votes to draft mixed martial arts bylaw - Cold Lake Sun - Alberta, CA rage i oz /, Cold Lake Real Estate Jobs in Cold Lake 129000 l3br house 4 sale Realtor for IRP Relocations, Buying High- paying jobs in Gold Lake AB mortgage payments only Selling, PALS Listings with Photos directly from employers' websiles $461 -431mo (in Provost, Alberta) Cold Lake www Ke11yMcKale.com .nvw eiuta_fa. vnw..earabi comfP10vost Clear Ada by GO081C weather spnnsoisNp A.r i!aYio! rold A V Lake Sun Carearadcom Obituades ClassSYeds Rutonet ,ASnNDAX. }:ARCH 7, 201 df /SUBMIT }r JOIN I Sir N-11`40 News Sports Speciat Sections Contact Us Local dews l3anf# Alberta Homes Cold Lake Homes_ Browse 100015 of homes for sate in Banff, AB The Cold Lake Real Estate '"Information & surrounding areas. Super Station ?" Ads by C —Ste Home News 1.0g1 Ne+as Clly council votes rotlrafl mixed mattiai arts bylaw City council votes to draft mixed martial arts bylaw Posted 11 days ago Aaron Simpson, left, goes up against Tom Lawlor during during a uan. -16, zuun uImnatu l=ighting match. The city of Cold Lake voted to create a bylaw 10 form a Combative Sports Commission to attract the increasingly popular mixed martial arts matches. UFC Photo Whenever Ultimate Fighting is on TV, bars in Cold Lake are usually packed with fans of the mixed martial arts event. Cold takers might be able to see UFC -type Fighting live in Cold Lake instead of on TV along with boxing, wrestling and muay lhai. At its corporate priorities meeting on Feb. 16, Cold Lake city council instructed city staff to prepare a Combative Sports Commission bylaw which would allow the increasingly popular mixed martial arts matches to be held in Cold Lake. I According to the Federal Criminal Code, combat events Cold Lake Homes must be sanctioned by an athletic board or commission. The Cold Lake Real Estate "Information Surat- Mixed martial arts events are legal in many U.S. states and Station!" In Quebec and Alberta. coldlakeinfo.com Aker receiving e-mail inquiries about the possibility of albetta winter fesitival bringing mixed martial arts events to Cold Lake, city staff Fuld Minter Festivals Or Add Your Own TO Win A consulted with a combat event consultant who served for 11 91,000 Gift Card years on the Edmonton Combative Sports Commission. www.suham.calgetoutmote The consultant told staff that a commission would need at high River Real Estate feast three -to -four members who would meet on regular Find Your Horne High River Property 403- 333 -7333 basis. Members could be drawn from the general public, city www.h €ghrlverproperty,com council and staff along with local law enforcement, the Jobs rn Alberta Canada i consultant told the city. Use lob Bank, Job match, and Job Search to find the lob you want ServiceCa na da.gc.Ca /3obs Ada by Google Rovenisemenl -- - - Cold Lake Real EstatQ Jobs in Cold Lake Realtor for IRP Relocations, Buying Selling, High - paying Jobs in Cold Lake AB directly MLS Listings with Photos from employers' websites! Ads by GDOgIt: City staff identified the Energy Centre and the Cold Lake Agnplex as possible venues for mixed martial arts. events. Cold Lake Mayor Craig Copeland said he has no problem with the violent sport of mixed martial arts coming to the city to entertain fans. "We're moving forward and council is supportive of it," Copeland said. "Cold Lake is a young market so it makes a lot of sense that people would think (those events) would do well." littp://www.coldlakesun.com/A-rtioleDisplay.aspxT&-F2462835 *1 Newspaper Archive Information Search Patricia Onellelte Rooker a,r,tzeo)atz.ssss �"�° ". Toll Frei i- t:64.5i 5-G655 tC. d L. zoom ®two �.e�Wstwiatrutsamas.a wr�ee -y+aY4 nunlia Ytn.CM" 3/7/2010 City council votes to draft mixed martial arts bylaw - Cold Lake Sun - Alberta, CA A,IXcr )D4 2462R35 sh.- 1.1 rook Tags: city council. votes, draft. rri martial, arts, bylaw, .cold, lake Local News Articles: • RCMP cruiser collides, with truck in Cold Lake • Lingerie chief Caught in the act • City council outlines concerns to MP belore Parliament resumes • Architect chosenlorRaw arena • City ready IQ start landslide repairs along lakeshore • rate of seized horses still unclear • Agriculture Minister coming to Fort Kent • City votes to allow any MD resident to join FCSS board • Cold Lake accountant honoured by peers • Bonnyvdle RCMP investigate damage More Local Nears u Alberta Oil Sand Current News ., Events To Pander On. `Drum TO Discuss All Yoar Qvesbon5 www.CanadasC iIsands.ca Banff Alberta Homes Browse 1000's or homes for sale in Eanff, AS E• surrounding areas. canmoreaIbertarealestate.ir fo alberta winterFestivat Find Winter Festivals Or Add Your Owrl TO LNir, A $1,000 Gift Card www.subaru.caf0ei trnore Fear No Man Discover What The Martial Artists And The Army Don't Want You To know www.CloseCo mbatTra i nin g, cum Ads by Google Secure Your "firm Wdh Beaw Garage Doors Entry Doors - Storm Doors Etc I& an mnmme w hiaediy adrloa. ii YelJowheod kdayl 780. 626 -6,405 780. 594_5658 r t� " "` 78€1 - 645.69413 Pa L0 wsearvllawhaadglaxrom �r Yvilm head has YOU and http://www,coldlakesun.com/A-rticleDisplay,aspxT&----2462835 Page 2ot2 3/7/2010 - VANCOUVER PASSES MMA; t. H- LI&PL Y 11N JUINV -- tVilvxti vv Li:11.), I - IVI_Z .I .0 IVI.. • ws•, • — E Taste the Crispy, Crunchy, Sweet and Bunchy in = ' every spoonful of Honey Bunches of Oats cereal. > 4 =° Replay T i11111111111mome iiiiiiiiiiiiiiiiiiii1aily News & Rurnor8 Il11111111111111111INew! 101AA insider Blcg 1111111111111111111111111MMA Woad Rankings ®i'hoto Galley ®Live Radio Show Wive Fighter Chat ®Sound Off Forum MMAWeekly Store �GentaGt )111111111111111ITerms Of Use I11111111111i1%vi' MMA Odds Punishment Athletics Flamed beanie 21.95 Click la view Throwdown Scroll Anvil T- Shirt BLACK XXL ONLY 76% OFF SALT= 7.95 Click to view S Triumph united Fight League Tee "NEW" 19.95 Click to view m CS WHAT'S THEIR CAR0I0 ~ {r�� {`y`lG SECRET? ' TRA�NIN�G_,. J wily News - VANCOUVER PASSES MMA; UPC LIKELY IN JUNE .J- O Friday, December 18, 2009 - by Steven MarroCCO - MMAweekly.com (additional reporting by Chris Parry) A key barrier to Canadian MMA's growth has fallen, for now. The Vancouver city council on Thursday made a long - awaited ruling to regulate the sport for a provisional two -year period, setting the stage for a UFC event in the city sometime in June 2010. The ruling was seen as a major victory for promoters who had been effectively shut out of the city for over two years because of it's stance on the sport's legality. The council met for three and a half hours and heard from a variety of industry figures and proponents before voting 5 -3 in favor of regulating the sport. UFC general counsel Lawrence Epstein told the Vancouver Sun, "We're very pleased with the result. ifs important for this issue to be considered. Croce people understand what this sport's all about, they generally reach this conclusion." UFC Vice President of Regulatory Affairs Marc Ratner, who had been in close communication with the council through the process, was traveling and could not be reached for comment. The three council members that voted against the proposal cited concerns that the sport glorified violence and the effects on children who watched it. Crucial to the passage was an exhaustive document submitted to the council Wednesday that outlined a plan for setting up a regulatory framework. Among the documents recommendations: a tax increase on each ticket sold from IQ cents to one dollar that would fund the Vancouver Athletic Commission; protection for the city and VAC from liability in the event of a lawsuit; an insurance bond required of promoters to cover event costs; and the revision of the VAC's bylaws to ensure MMA events had adequate medical and safety procedures. Vancouver mayor Gregor Robertson has long been in favor of opening the city's doors to MMA. In 2007, the VAC oversaw a handful of events in the city and soon after withdrew its support when the city council discovered it was exposed to liability in the event of an injury or mishap at a fight. With the commission gone, Vancouver promoters scattered to different locales around the city, often ending up on Native reserves where regulation was lax. Many shows were funded by gang money. Promoters in the district of North Vancouver, which does not have an athletic commission, sidestepped the issue by obtaining a letter of permission from the Taste the Crispy, Crunchy, Sweetand Bunch in everyspoonful of Honey Bunches of bats cereal. Replay { 4114_ SEWN rtdV{Str;?rd. http:// www. mmaweekly. com /absolutenm /templaty§#ilynews. asp? articleid = 10292 &zoneid... 317/2010 -VANCOUVER PASSES MMA; UFU LIKLLY IN J UNL- 1VtNIA wr .NL x - ivnxi ivi... > a6u -e- kit illegal. Beta &5e fc` r ok is d UFC beer one Ontario's an important market for us and we're hopeful we'll get some momenlum resource for R�f�1A and UFC beGing. Check out the latest t1FC adds now at from what's happening in British Columbia today." said Epstein. ArilarlGB S favorile spOrls betting site BACK TO THE NEWS Monday I Tuesday I Wednesday I Thursday I Friday I Saturday 1 Sunday Related Articles There Are No Related Articles To This Article Copyright 2010 MMA Weekly LLC, All rights reserved. Republication or fedisldbution of MMA Weekly content is expressly prohibited without expressed written consent of MMA weekly. MMA Weekly will not be liable for any err6rs in Content or any acttoR taken in reliance thereof. 1�sfry� Taste the Crispy Crunchy, Sweet and Bunchy xo �5 in every spoonful of Honey Bunches wec -I of bats cereal. Replay http:// www. mmaweekly .com /absolutenm /templat dailynews .asp?articicid= l0292 &zoneid... 3/712010 Local MMA 11grnts bacK - Uoyaminster 1V1Gr]U1a11 DUO )LGl - l.lUL.iLa, %_n x u1-71„ 1 - Fight Chix MMA Clothing Fighter Series Clothing Mixed Martial Arts Help o The sexy side of fFWAA. Clothing for Shop Ben Rolhwell T -Shirts At The Want to learn about Mfv1A? come the female fighter and UFC fan! Official Affliction Online Store! and find what you need to know rt c Ci yadminster www cixagenimpad. camtfigMchix x '�.Af,-LioeGhthiNSiore.rom w�+�w.tpoSdesign corn ri'eather 3ponsomhip Av3�lahlel. Ads by C;OOgie llpydnl:rLSEar meridian ®aster careered cone Awma ies Classieds Autaze[ ,dSUNDAY. PAARGH 7, 201 C JOIW I SKSAF -ItJ News Sports Special Sections Opinion Contact Us Local Sports Hare Sport, Lo-I Sports Local lvldA fights back Roca[ MMA fights back Posted By Carl Carter Po 1.d a dnys aye x R 1- 800- 561r�535, 7.: Organizers of local mixed martial arts events have a bone pick after the sped took a few blows in a recent letter to the editor. A the letter which appeared in the Feb. 22 issue of the Meridian Booster, Neil Harris had concerns over the new bylaw allowing MMA fights in Border City facilities. Harris also brought into question the necesslty and the athletic nature of the events. While local fighters know their sport isn't for everybody, they didn't like how it was portrayed by Harris. "Everybody has the right to their opinion, but when (Harris) I Trick of a tiny belly said it's not a real sport, that's the biggest thing that upset " me and the guys when we were reading the article," said - a7_.�-4=n. -_:n Travis Quesnel, trainer at MMA United and co- president of the local Evolution Fighting Championship, 'Some of the bit best athletes in the world are fights, they're not football Cut dawn a L it oT players, hockey players or soccer players. "And four of the disciplines in mixed martial arts are your belly every represented in the Olympics, so that's why the fighters were so upset about the article." day by using this Quesnel says you don't have to look any further than the biggest name in MMA to see why the sport deserves more 1 tip. respect. Ultimate Fighting Championship heavyweight r champion Brock Leaner has been a machine since entering the sport, but few realize that Lesnar was an national NCAA > Tap wrestling champion for three years. "People just don't understand how hard you have to train and what it really Lakes to be an MMA fighter," said Quesnel. "People can talk bad about it, but they don't really understand what the sport is and what it has to offer." While We fans of the sport respect the skill and dedication of the athletes, some people only see the knockouts and bloodshed that occurs from time to time. While MMA is a physical sped, Quesnel says it isn't as dangerous as other sports, or as dangerous as Hams believes it to be. "Boxing is a lot more dangerous than MMA fighting because when you're done in boxing you're punch - drunk," said Quesnel. "Nobody comes out of MMA with life - threatening - rnjuries. I think its like 75 per cool of pro boxers have brain damage." Despite the bad press it receives from a few misinformed naysayers, Quesnel says you can't dispute that MMA is one of the most popular sports in the world. "The past three years it's been the fastest- growing sport in the world, mare people are watching UFG pay - per -views than the Superbowl now," said Quesnel, adding the creation of the Lloydminsler Fight Commission will only help Further the sport and local athletes. 'We were really pushing for it, there's a lot of talented fighters in Lloyd that have great futures, and the commission is only going to help them further their careers." 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NEW`" DROP -IN TENNIS!! http:// www. meridianbooster .com /ArticleDisplay.��?x ?e= 2471518 3/7/2010 Local MMA tights back - Lioyclminsrer lvlerlut ll Duubtm - r.LUCitay ..rL x -6- — - Local Sports Articles: • Slash end Steelers' season with sweep • Slorm put down the Bobcats • Tartroo Bobcats aces over Kings • Clnbealable Bandits back in the big dance • Local Reapers represent Canada on world stage • Municipalities meet • Bobcats on tho brink • Lloyd lacrosse losing ground • Rustlers hope to dish royal beating Tanroc Bobcats lay it an the line More Local sport a Your & Your Kids' 5tats Easily and permanently capture, share, and save from Phone and tveb mvw.seemeacive.com Mixed Fighting Dlstover t4Iha( The Martial Artists & The Army C)oesri't Want You To Know w%w. C l os a Co mb a twain i n g. t o m Martial Arts Home Mats Train at home vvlth Reevo Roll Mats Fast, easy, high perforrnanese mats www:hatashita.com Ads by GOOSIZ Notice is hereby given thal tho assessment roll forthe Town of Marshall for the year 2010 has been preparers and is open to i[i:speclion in the office of the assessor tram 9:D0 am -12:D0 noon 12:30 pia -- 4:3D pm on the following days: Mon, - Fri., February 26 - March 28, 2610 A bylaw pursuant to section 214 of The Municipalities Act has been passed and the assessment notices have been sent as required. Any person who uishea to appeal his or her assmamertt is requimd to fife his or her notice of appeal with The Aasessor Town of tAnrshall Box 123. Varshaa, SIC 301a 1 R by the 21l day of March, 2010, Darod Ibis zs" day of Fobruoty 20td. Lnrrre Kachur, Asses= Nows I Sports I Spacial Secrons I Op non I Gontacl Us �, 201e 54as Media I Oisc�ainler I Privacy I lvahsrtb Advertising E I Sit�smup RelnrE a Bu0 1-ittp: / /www.meridianbooster .com /ArticleDisplay.gNx ?e= 247151 8 3/7/2010 Summerside the Journal Pioneer: News i Ii ri to rift ie NEWS View comments (3) 1 view latest Comment j ID Last updated at .9 25AM on 22.'02110 City ready to rumble- MIKE CARSON The Journal Pioneer SUMMERSTDE — City council is opening the door to professional combative sports. At its recent monthly meeting, council voted to establish the province's First combalive sports commission. The combative sports commission bylaw; which received council's unanimous support, will eventually lead to the staging of professional combative matches including boxing, mixed martial arts and wrestling at municipal facilities. Police committee chair Coun. Cory Thomas said passing the bylaw was just the first step in bringing these events to Suinmarside. The next step is finding volunteers to staff the commission. `You would want people familiar with those sports to be able to judge the regulations,° said Thomas, adding that sports commissions 'normally have a doctor on them ". He said responsibilities of the commission physician would be to ensure combatants are healthy prior to events and be present at the event. Commissioners can specify the type of equipment that's used and prescribe rules for the conduct of any wrestling, mixed martial arts and boxing matches it sanctions. Participants wit have to receive a permit from the Commission to take part in an event and pass on and approve all contracts for these contests. As well, the commission will be an investigatory body if Were's any breach of rules of the combative sport bylaw. The commission can also ban anyone from taking part in or promoting any combative event. 11 may also levy fines for misconduct. Thomas wasn't sure if referees for these events need to be sanctioned by the commission, adding that will be one of the areas worked out Once the commissioners have been appointed and begin setting out Their own guidelines. 22.oz'7o Comments: This Conversation is Semi - Moderated. What is moderation? Ken Campbell via pet from PEI writes: What a boneheaded decision if this includes mixed martial Arts which is nothing short or organized street fighting or bar room brawling, infiltrated with organized crime, and is admired by patrons, and participated in by thugs, who advocate violence. Is anything that will bring in money and tax revenue okay? Maybe the City could legalize pro5ti(ution and opium dens and tax those too. This so called sport Caters to the lowesl common denominator of mentality, even below so called professional wrestling which is nothing but a staged, acted, farce, How can this Council sanction such a harmful role model white slating that they are trying to encourage youth to abhor violence and develop into good citizens. Posted 22102/2010 at 1 14 FitA I Alert an Editor i (,ink to comment Richard Anhalls from PEI writes: those are some wild accusations, you have any proof? or do you like to sound uneducated? Posted 2 2102 /2 0 1 0 trr 125 PFA I Alert an Pdirnr I Link to C0nlrnent John from PE writes: Here. here Ken. Yes, and down with boxing, karate, judo and various other violent sports. They too should be abhorred and not celebrated for their alhlelloism, nor included in the Olympics. There is no way anyone with an above average intelligence like you and 1 could possibly enjoy something as primeval as mixed martial arts. Boo, indeed. Please note th.e intended sarcasm, you pompous fool. I'm sure there are those who may look down their nose at your viewing habits, as well Pasted 22;6220311 nt 2.30 Phi I Alert an Editor j Jnk t0 comment NOTE The management of this site emphasizes that it is in no way liable for persons, physical or legal. who are hosted here, Moreover, the managers of this site may not be held liable for errors and omissions that may she into (he information displayed in these reader comments. Everyone who submits a comment should read, understand and agree to the Terms of Usece for (his section. Comments Closed Past news March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 February 2009 January 2909 December 2008 November 21 October 2008 September 2006 August 2008 July 2008 June 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 undefined http:llwww. jour nalpioneer.coinJindex.cfm ?sid= 32.A33 7 &sc =118 31712010 99 Station Street Saint John \uw Brunswick Ca 1,,1da F'2I. 4i Tel. (5o6) 632 -61 Q3 Fax (5cQ 632 -6121 Email rt>< �ti l +�t��trbourstatic�n,t�'e�.ct n'R�n�.hr�ri,Qtustatian,nb, ca ) )MIYI IlaI UVUI VlaLIVIE JVV vac. v«i I .- Thursday, February 11, 2010 Mr. Jack Livingston S.R.O. Entertainment Ltd. 133 Westmount Dr. Saint john, NB E2K 5G1 Dear Mr. Livingston: Harbour Station is writing this letter in support of the UFC (Ultimate Fighting Championships) Card being hosted in our facility. It Is our understanding that the tentative Card is scheduled for Saturday, June 5, 2010, with a potential draw of 7,000 fans. Harbour Station is a multi- purpose facility located in the heart of Saint John, New Brunswick and home to the Saint John Sea Dogs of the Quebec Major Junior League. It is connected by an enclosed pedway to the Delta Brunswick Hotel, Saint Jahn Hllton Hotel, numerous shopping malls and dozens of restaurants. The facility has hosted concerts ranging from Aerosmith to Elton John, sporting events including NBA, NHL, WWE, Canadian Figure Skating and hundreds of hockey games. Mr. Livingston, we look forward to doing business with you in June and welcoming UFC to the Entertainment Centre of Atlantic Canada. Sincerely, HARBOUR STATION Michael Caddell General Manager 7be Entertainment Centre of Atlatak Canada 138 04/09/2009 1.8:45 The City of snlnt I*n Mayor Evan Court Mayor's Office Bureau du maire February 12, 2010 5136- 632 -5120 Mr, Jack Livingston S.R.O. Entertainment Ltd. 133 Westmount Or, Saint John, ND KK 5G1 Dear Mr, Livingston, MAYOR'S OFFICE PAGE 01/01 I am pleased to write this letter of support far the T_F_C. (International Fighting chompidn$WP4 Card being hostod at Harbour Station with the ten6. Uw date of June 5, 2010, The City of Saint John is looking forward to welcoming tttA 1F(~ to the city. The facilities at Harbour Station are among the best east o'f Toronto. Barbour Station is considered a preferred de5tinatlon stop for world class performers stwh as the: Harlem Globe Trotters, Cirque du Soleil, Ftton John and other world class entertainers. The station has provided a successfuf backdrop for these world class events. In addition °to the kuccessful event previously mentioned, Harbour Station is located in the heart of the city. Its central location and pedway system will links fans to the Hilton and Delta hotels. The pedway not only finks hotels with the venue, It provides a : onvenient fink to restaurants in both Market Squire and Bru6swicic Square. Dining and 5hoppin8 facilities and related ampnitias are all located in close proximity to the venue, 2010 is the 225th anniversary of the olry, While IFC fans are in town, there will be many opportunities for visitors to investigate Canada's original city. we wish YOU every success with your endeavour, 5inci� rely, Ivan Court Mayor SAINT JOF I N P.O. Box 1 971 Saint John, NR Canada UL 41.7 t wwtiv.saintjohn,ca I C,� 1171 Saint john, NA. Cnnudra UL 4L1 139 Angus - Miner Provincial Insurance 40 Wellington Row, 3rd Floor Saint Jahn, NB E2L 3H3 Telephone : (506) 633 -2121 Fax: (506) 632 -8182 February 22, 2010 SRO Entertainment Ltd 133 Westtnount Drive Saint dole, ND. E2K 5G1 Re: jnsuxance Coverage Dear lack, We are writing this letter to confirm that we are able to provide insurance covmg £ax SRO. Entertainment Ltd for a U CITC Event to take place at Harbour Station (m dune 5, 2010, The Coverage. would be provided by PAL Canada with a liability limit of 53,000,000. The fallowing will be added as additional insuzeds once coverage has been bound: * City of 11 mcton- Moncton Boxing & Wrestling Commission National Artists Corporation. Harbour Station. Certificates of insurance would be pro -tided once coverage leas been j bound by PAL Canada. i to st the above is satisfactory. Si�cexely , t Janice Deveau Customer Service Representative 140 M &C- 2010 -52 March 12, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Westfield Road Reconstruction Project Acquisition of Freehold Portion of PID # 55201859 BACKGROUND: The Westfield Road Reconstruction Project was approved by Common Council as part of the 2009 General Fund Capital Program, and subsequently Common Council approved additional funds in the 2009 and 2010 General Fund Capital Programs for increased costs. A portion of the project requires widening and adjusting the elevation of the roadway and installation of side walk, curbing, improved storm -water drainage, and new paving at PID 55201859. On 19 February, 2010 James R. and Philip R. Stubbs and Arlene M. Hayward signed an Agreement of Purchase and Sale document (copy attached hereto), offering to sell the land that the City requires these road upgrades. The negotiated price of $11,774.00 is voluntarily agreed to by the land owner and considering that it includes an early access provision to the City, and compensation for eliminating the only path from Westfield Rd to the beach through this PID, is considered within fair market value range. The provision whereby the City can have early access to the lands, if necessary, was negotiated so that the Westfield Road Reconstruction Projects timelines are protected. 141 Report to Common Council March 12, 2010 RECOMMENDATION: Page 2 1. That The City of Saint John acquire the fee simple interest in a 1055 square meter portion of PID 55201859 - as shown on a Terrain Group Inc. sketch #508053 -572 dated January 18, 2010, from James R. Stubbs, Philip R. Stubbs, and Arlene M. Hayward for the all encompassing price of $11,774.00 (plus HST if applicable) upon the terms and conditions contained in the Agreement of Purchase and Sale attached to M & C 2010- 52. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager Attachments PW /p 142 Description of Plan: Westfield Road Reconstruction Project area location N PID: 55201859 Address: Westfield Rd PAN: 06031203 Date: February 18, 2010 143 r�•: cNRiStA r z �8 1" zm 3 fig x s� I I� I 144 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser the freehold interest in a portion of the Vendor's lands bearing PID No. 55201859 as hereinafter set out upon the following terms and conditions: Vendor: ARLENE M. HAYWARD 2168 Westfield Road, Saint John, NB E2M — 6J3 and JAMES R STUBBS 2184 Westfield Road, Saint John, NB E2M — 6J3 and PHILIP R. STUBBS 2119 Westfield Road, Saint John, NB E2M -- 6H4 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John,-NB E2L 4L1 Attention: Common Clerk Premises: Freehold interest in a portion of PID # 55201859 Comprising 1,055sq. m. +/. Designated as LAND TO BE ACQUIRED BY THE CITY OF SAINT JOHN 1055 m2 on sketch No. 508053 -572 dated January 18, 2010 prepared by Terrain Group Inc. (hereinafter called the "Real Property "), a photo- reduc6d copy of said sketch being attached hereto. Purchase Price: $11,174.00 + HST if applicable Early Access: $600.00 Total: $11,774.00 Deposit: $1,000.00 payable upon adoption of the Common Council Resolution Balance: $10,774.00 payable on Closing Closing Date: No later than. 45 days following the satisfaction of the condition precedent set out in Clause 1 herein. 1 145 Agreement of Purchase and Sale Hayward Stubbs & Stubbs and The City of Saint John Condition Precedent: I. The Purchaser shall obtain, at its expense, all approvals and assents necessary to effect the creation and subdivision of the Real Property from its parent parcel PID 5 520185 9. General: 2. The Purchaser may examine the title to the Real Property at its own expense until closing. 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. 3. The Purchaser shall acquire from the Vendor the unencumbered freehold title in the Real Property. 4. (i) The Purchaser shall prepare at its cost any Subdivision Plan required to effect the conveyances herein contemplated; and (ii) The Purchaser shall contribute $500.00 plus HST towards the legal fees incurred by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for all fees charged by the mortgagee to the Vendor (if applicable) to produce the Partial Discharge of Mortgage required by the Purchaser; and (iv) The Purchaser shall pay -for registration & filing fees at SN$, if applicable, for the plan, and the Partial Discharge. 5. If 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 other recourse against the Purchaser. fi. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on March 19 2010 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 7. 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. 2 146 Agreement of Purchase and Sale Hayward Stubbs & Stubbs and The City of Saint John 8. AND FURTHER, the parties agree that, before the Subdivision Plan which will vest the Real Property in the Purchaser is registered, 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: a) The right of access is to allow the Purchaser to make improvements to the Westfield Road and embankment to render it more safe; b) Any entry to, in and upon the Real Property shall require 24 hours prior written notice to the Vendor; c) Any entry by or on behalf`of the Purchaser shall be at its risks, costs and expenses; d) 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. AND FURTHER, the parties acknowledge and agree as follows: a) The road construction which will take place on the Real Property will result in the elimination of a foot path which currently runs from the Westfield Road to the beach over PID 55201859; b) The Vendor shall be responsible, at its own costs and expenses, to construct a new footpath or other means of pedestrian access to the beach once the Purchaser has completed the road construction on the Real Property; c) The new footpath or other means of pedestrian access to the beach shall not cross the Real Property at any point. west of the point where the current footpath intersects the Westfield Road without the .prior written consent of the Purchaser; d) The Vendor, for themselves and their authorized representatives, in consideration of the sum of two dollars ($2.00), paid to it by The City of Saint John, the receipt whereof and sufficiency of which is hereby acknowledged, hereby remises, releases and forever discharges The City of Saint John and its officers and employees, successors and assigns of and from all manner of actions, causes of action, complaints, demands, proceedings, debts, accounts, covenants, contracts, costs, damages, special and general, claims and demands whatsoever, past, present or fixture, except those due to the City of Saint John's negligence, arising from or out of or in any way relating to or connected with (i) the elimination of the footpath which currently runs from the Westfield Road to'the beach over PID 55201859; and (ii) the construction and use of the new footpath or other means of pedestrian access to the beach over PID 55201859. e) The Vendor, for themselves and their authorized representatives, hereby indemnify and save harmless the Purchaser from and against all manner of actions, causes of action, 3 147 Agreement of Purchase and Sale Hayward Stubbs & Stubbs and The Clty of Saint John complaints, demands, proceedings, debts, costs, accounts, covenants, contracts, damages, special and general, claims and demands whatsoever, past, present or future, arising from or out of or in any way relating to or connected with (i) the elimination of the footpath which currently runs from the Westfield Road to-the beach over PID 55201859; and (ii) the construction and use of the new footpath or other means of pedestrian access to the beach over PID 55201859. Clause 9 of the Agreement survives the closing of the transaction for the Real Property, IN WITNESS WHEREOF the Vendor has caused these presents to be executed this // day of March, 2010. ARLENE M. HAYWARD PHILIP R. STUBBS 'ovilmrs", AND the Purchaser has caused these presents to be executed this day of March, 2010. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 4 148 w 8 m f ghv CL J ym�t� o a a Qz LLJ p 4� Fzo Z Z y Q y,dC ar 2E cr' z N � =W L LL iFE 0 LLI � W a W , CL j « j wa $ CL &� ox co 0) Z 8 u � J M ELI D Z cp Q LL NI 1 W mo O� G LLJ 149 Vii.. REPORT TO COMMON COUNCIL M &C 2010- March 15, 2010 His Worship Ivan Court And Members of Common Council: Your Worship and Councillors: The City of Saint John SUBJECT: ONE Change Inc. Request - Advance Funding from the 2010 Neighbourhood Development Stimulation Grant BACKGROUND: The purpose of the Neighbourhood Development Stimulation grant is to stimulate locally sponsored initiatives to address priority neighbourhood issues. Programs or stand alone projects focusing on building leadership capacity, neighbourhood planning, new program development or new service delivery in response to priority neighbourhood issues are eligible for the neighbourhood development stimulation grant. The ONE Change Inc. is making the request of Common Council for an advance from the 2010 Neighbourhood Development Stimulation Grant. The ONE Change utilized the $25,000 grant provided by the City of Saint John in 2009 to build its leadership capacity by hiring a Youth Coordinator and Neighbourhood Coordinator. Programs that are presently being offered as outlined in Appendix A cannot be sustained unless Council provides immediate support through the 2010 Neighbourhood Development Stimulation Grant. The ONE Change has encountered cash flow difficulties and is at a crucial stage of programming within the OLD North End neighbourhood. ANALYSIS Staff met with the ONE Change Inc. to discuss their needs and current situation. Staff recognizes the importance of this organization regarding the sustainability of services for this neighbourhood and agrees that any interruption in programs will negatively impact this community. Staff must point out to Council that an approved grant of $25,000 in 2010, will only sustain the ONE Change until the end of May. The One Change must acquire additional grants through the Provincial SEED and Federal Summer Career placement programs to continue with programs until the end of August. Historically, the ONE Change Inc. has been successful in receiving these grants. Beyond August, the ONE Change sustainability must rely on other sources of funding which are yet to be determined. 150 FINANCIAL IMPLICATIONS The deadline for submission to the 2010 Neighbourhood Development Stimulation Grant is March 31, 2010. Through discussions with the ONE Change Inc., staff calculates a $10,000 advance will financially be sufficient to sustain the ONE Change until all the grants applications are received, processed and presented to Common Council for approval. RECOMMENDATIONS That Common Council supports the ONE Change Inc. by approving a $10,000 advance through the 2010 Neighbourhood Development Stimulation Grant. Respectfully submitted, Bernie Morrison, Commissioner Leisure Services Patrick Woods City Manager KW 151 Appendix A _ ONE Change Programs Together we will care for and celebrate our Old North End forever" 223 Victoria Street • Saint John • New Brunswick • E2K 1L9 •506- 635 -2035 THE OLD NORTH END CHANGE YOUTH PROGRAM Proiect Obiectives: To decrease youth criminal active in our community by: • Increasing the positive role models in the youth's lives through mentoring • Increase supervised activities within the community that act as alternatives to negative behavior • Skill development • Increase positive school attachment • To imbed in our youth a sense of pride, respect and belonging in their community • Providing youth referrals to appropriate support services Youth Project Manager /Coordinator/Workers Responsibilities: • Liaison between community youth partners -The ONE Change works very closely with their community partners (The ONE Change Inc., Lorne Middle School, Main Street Baptist Church, Saint John City Police, TRC and North End Community Centre /leisure services). The Youth Project Manager works with these partners on many projects. The partners also meets regularly to discuss the issues facing the youth and ways they can work together to solve these issues. • Overseeing and hiring of Youth Project Workers - The Project Manager is responsible for hiring and supervising the Youth Program Coordinators and Youth Workers. • Planning and Implementing programs — The Youth Program Coordinator and Youth Worker (under supervision of the Project Manager) are responsible to assure there is adequate youth programming in place in the community. These programs are to act as alternatives to youth criminal behavior /activities. • Providing youth referrals to appropriate support services — All staff are responsible to get to know the youth in the community and offer referrals when needed. • Proposal and report writing — The Youth Project Manager is responsible for any funding and report writing associated with the program. Current Youth Programs • Girl World/Han2in2 with the Guys: Just the girls or boys will be introduced to positive role models, life skills and education through activities that they decide relate to them. Approx. 35 registered 152 • North End Youth Council: The role of the Council is to act as a positive, influential and energetic voice raising awareness of youth issues and providing positive youth action within the North End. Approx. 15 attend • ONE Teen Fit: The youth will be exposed to a mixture of traditional and non- traditional ways of exercise. Approx. 25 registered • Got Game (Life Skills /Anger Management): Youth will learn important life skills such as anger management, hygiene, self esteem, etc. 8 week program given to middle school students 3 sessions / year. Approx. 30 youth attend /year • Mentoring: The Youth Staff will be responsible to mentor the youth that are identified as "high risk ". Currently mentoring 5 youth • Youth Led Environmental Proiects: The youth council will partner with ONE Change's many committees and be involved in as many beautification and community engagements projects as possible this year. Approx. 30 youth involved • No School Day activities: Youth Staff will offer an activity /program on scheduled no school days. Approx. 20 youth attend • Intramurals /lunch program: Currently ONE Change is assisting Lorne Middle School with intramurals Wednesdays. Oversee a daily hot lunch program with Lorne Middle School, Main Street Baptist Church and St. Luke's Anglican Church. Approx. 35 youth registered • Green Team: ONE Change staff meets monthly with 15 students at Lorne Middle to talk about and plan environment awareness within the school/community. • O.N.E. Teen Summer Take Over: Full day programs running 5 days /week for 8 weeks. These consist of 3 community work/beautification days, 1 educational day and 1 reward/fun day. Approx 45 youth registered last year "Idle hands are the devil's playground" This adage is true when working with at -risk youth. This program not only keeps the youth busy but has them learning valuable life skills and working to improve their community. 153 Mayor Ivan Court Mayor's Office Bureau du maire SAINT JOHN PROCLAMATION WHEREAS: 1 billion people around the world have no access to clean drinking water and 2/5 of the global population lack proper sanitation; and WHEREAS: the World Health Organization reports that contaminated water contributes to 80% of all sickness and disease worldwide; and WHEREAS: this global water crisis is caused largely by mismanagement of fresh water supplies and deeply inequitable access to water services; and WHEREAS: our Canadian lakes are being turned into dumpsites for mining wastes, causing the water to be contaminated beyond recovery for future use by any life form; and WHEREAS: in Canada, contamination, inadequate water and sanitation services in First Nations communities are a real threat to human health and the environment; and WHEREAS: water, human right, is being treated as a commodity through water markets, bottled water and industrial abuse of water resources; and WHEREAS officials of the city of Saint John, through diligent monitoring and testing, do provide safe, clean drinking water to the residents NOW THEREFORE: 1, Mayor Ivan Court, of Saint John do hereby proclaim Monday, March 22, 2010 as World Water Day in the City of Saint John. In witness whereof I have set my hand and affixed the official of the Mayor of the City of Saint John. RO, Box 1971 Saint John, NB Canada E21- 4L1 I www.saintjohn.ca I C.R 1971 Saint John, 154 Application for a Zoning By -law Amendment Demande de modification a Varrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur `_-6nf John n I ti . ( s f id Pat CS j 1 P I� Mailing Address of applicant / Addresse postale du demandeur SO t !1 1 �i� �1 ?, , Postal Code / Code postal E z L q L Telephone Number / Numdro de t6ldphone _ C 5 C 1 � (p Home / Domicile "� Work / Travail Fax Number / Numdro de tdl6copieur 1150&� - 12 U 7 Name of Property Owner (if different) / Nom du propridtaiure (si different) Address / Adresse i&) I( C) ; Y1 _Postal Code / Code postal Property Information / Renseignements sur la proprikt6 Location / Emplacement _Ad —C� �d to -3 j j (; Lo r j! Q V t (e AGGJ Pwt of 60 Z ' Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot Street Frontage 1 Fagade sur rue 1 j _, Existing Use of Property / Utilisation actuelle de la propridt6 auvf, fj dn- y Q wn U &,_d V6 [l Municipal Plan Land Use Designation Designation de utilization des terres sur le plan municipal f S /Ur-qf �� ° Amendment Requested / Modification demand6e Present Zoning / Zonage actuel 2, r Amt t/ J I n Au S ,�f i CL Change Zoning to / Modification du zonage A and/or / ou L-A Text Amendment (indicate particulars) / Modification due texte (indiquez les ddtails) 155 Development Proposal l Proposition d'aminagement Description of Proposal l Description de la proposition �?1V1C�rA �Z 5-LA (041tidc,^-r-fi Un 4y+ ..iyldu� is d -7un -eeA lanrLus eq, 414 '(A[Sn 0 d -hU < eA ,IG .+b � Ad) IZi t� �tY1 i 1(l�le. `Tb1� �: VQV�[Ci�f Lt O <c�lY�nC'rV You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, buildingplans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a 1'echelle illustrant votre proposition. Vous pouvez regalement fournir des photographies, des plans de bdtiment, des dessins de plan d'dlevation et toute autre forme de renseignement. Le plan doit indiquer les dimensions de la propriete, Pemplacement de la totaliti des b6timents, des alleles, des sires de stationnement, des amdnagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de lapropriitg et les beltiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui pourrait 8tre approuvdes. f t , Dcc cry roc e 0 Y t 1' I n y! adjkjS fJ 4)f 7 £3A e— Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait @tre utile. Signature of Applicant / Signature du demandeur .,r Date I. LO $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n'etes pas le propridtaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du propridtaire dons la partie the owner is authorizing this application to proceed ci- dessous. La signature du propridtaire autorisant le for consideration by Common Council. traitement de la prdsente demande pour que cette derniere soft examinde par le consed communal. Signature of Owner (if applicable) Signature due propridtaire (s'il y a lieu) Date: 156 \ Portion of PID 00412189 \ to be rezoned from "1 -2" to \ "RS -2M" and consolidated with PID 00286070 (3550 Lorneville Road) to form Lot 10 -2 / 4 �Fo / OM / N N� ry 52 -- X35 ROAD ,�� LORNENALLE ry MO OrY OON 0o`V O oQN O O PLAN TO ACCOMPANY SAINT JOHN INDUSTRIAL PARKS LTD. REZONING APPLICATION February 2010 157 APPROVALS MMM MEW BRLDMINX tntTr :z x xc w 158 oonelolxn eoe.olnxl wevms or rux rveN neaurr m eelm i a'vmli� lmla r+o[ Ienol .ue lie er mall a slam 1[. roil -lo ncfx lan to-1 lo-i INDUSTRIAL PARKS MraT, ar nae .xKr lMar un aw ri1L war oa eAm L.[ 11. Im -n ac�g_wlsc ulun umra Pue) flow (11►a�IQpiuQA�nor Wll aN EoEi i4 MYxI TwJ eeQl® AWMf 11�r4 N 1AY{ 1F1. 9M "IL �i�R A M-i11. ell M Alb V IIR R.al. NQ la, 111 IRIeOI letllS na em.�n Wes, m{1A mllil�. A;IO`JlAldl f�4S GP�4Mn' Il1Y�V Cf l m u d eel ellye xG1O. Ong" 7m1Ai11C colon �lilale: eT 6 WR aw. [Belt Q WIT nR � ao wRnanot NOTES •IxReeS di[ na ew +.4�r+! iQ�1rtl ex� lIC •cn[lsa _ _ _ XL ee5 IuymM1l lar.rw �aral Ted 0 —bo +IISf eG.1t91 ulon wa Ot P l4 1M Jaaicw vYn. eSM ra.r blu wsew�u�i. ��1 M �ra i n Ia1! Wll ae P[R la Flaps 1[e ews>a N1 Q*fi�Hi NFN YYyy ;di ci L>rlRl @le 1f51xdC M s.ts tr nuc1S�4 R41w4 ti awegaiw �� SIIFIi:Ixz it yak M R IR4 M- rho X4 SrAFI iFi yM#q, �R R YC 81N�4 i af'IU K>ra��Q ■ti11119Y �7d.!L pFl 'IVL 6iY1 R wr l 7 'e""' looT mmT wl m Tull OF ' "" ` TENTATIVE ,01.1 .ML ea�d �a'n.a .n.lenlT a anol.ec war _.l xoml. ,K .aa aell.l auu ew, .x aa� � OW1Ll1eYI worlmbel a.ol m ei &A" FIl1[lea .M . t lane r.LLa Eek MJIxf meal t Ibe aalm ic. F1111e0[ . o o�m � a� wear � � rww a vela _ vp �r ni[ aesxlwl. a r�� arsew� -ram 158 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 7120 Contact: Elizabeth Gormley Phone: 506 658-2862 Fait 506 674 -4214 Special Instructions (if any): Reference: 3550 Lorneville Road Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) "SJTJ City Information Ad "SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, February 16, 2010 Tuesday, March 9, 2010 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal IN Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 159 PROPOSED ZONING BY -LAW AMENDMENT RE: 3550 LORNEVILLE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 15, 2010 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 2800 square metres, located at 3550 Lorneville Road, also identified as a portion of PID No. 00412189, from "I -2" Heavy Industrial to "RS -2M" One and Two Family and Mobile Home Suburban Residential, as illustrated below. [INSERT MAP] REASON FOR CHANGE: To permit the land to be used in conjunction with the adjacent residential property located at 3550 Lorneville Road (PID No. 00286070). The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, 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. PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 3550, CHEMIN LORNEVILLE Par les prdsentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a 1'arret6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du Conseil le lundi 15 mars 2010A19h: Rezonage dune parcelle de terrain d'une superficie d'environ 2 800 metres carres, situee au 3550, chemin Lorneville, et etant aussi une partie du NID 00412189, de zone d'industrie lourde «I -2» a zone r6sidentielle de bantieue — habitations unifamiliales, bifamiliales et maisons mobiles RS -2M », comme le montre la carte ei- dessous. [INSERER LA CARTE] RAISON DE LA MODIFICATION: Permettre Putilisation de la propri6te conjointement avec ]a propri6te residentielle adjacente situee au 3550, chemin Lorneville (NID 00286070). Toute personne int6ressee peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d6veloppement a l'h6tel 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 feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a I'attention du soussign6 a 1'h6tel de ville. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Greffiere communale 658 -2862 658 -2862 160 :k soon 7 � � M MONO woom i ■ r 1 a ■ld C N PUBLIC NOTICE 14 2 ;Z■11 rmIIri WIVE N 9M A0 AVIS PUBLIC Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 15, 2010 at 7,00 p.m., by: Rezoning a parcel of land with an area of approximately 2800 square metres, located at 3550 Lorneville Road, also identified as a portion of PID No. 00412189, from "I -2" Heavy Industrial to `IRS -2M" One and Two Family and Mobile Home Suburban Residential, as illustrated below. x REASON FOR CHANGE: To permit the land to be used in conjunction with the adjacent residential property located at 3550 Lorneville Road (PID No. 00286070). The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development. 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. Elizabeth Gormley, Common Clerk 658 -2862 162 Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arret6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 15 mars 2010 a 19 h : Cr• Rezonage d'une parcelle de terrain d'une superficie d'environ 2 800 metres carres, situ6e au 3550, chemin Lorneville, et 6tant aussi une partie du NID 00412189, de zone d'industrie lourde « I -2 A zone residentielle de banlieue — habitations unifamiliales, bifamiliales et maisons mobiles RS -2M », comme le montre la carte ci- dessous. RAISON DE LA MODIFICATION: Permettre 1'utilisation de la propri6t6 conjointement avec la propri6t6 r6sidentielle adjacente situ6e au 3550, chemin Lorneville (NID 00286070). Toute personne int6ressee peat examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement 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 f6ries. Veuillez faire parvenir vos objections au projet de modification par 6crit a 1'attention du soussign6 a Ph6tel de ville, Elizabeth Gormley, Greffiere communale 658 -2862 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2800 square metres, located at 3550 Lorneville Road, also identified as being a portion of PID No. 00412189, from "I -2" Heavy Industrial to "RS -2M" One and Two Family and Mobile Home Suburban Residential ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrdte ce qui suit : L'arrete sur le zonage de The City of Saint John, decretd le dix -neuf (19) decembre 2005, est modifie par : 1 La modification de l'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 2 800 metres carres, situee au 3550, chemin Lorneville, et dtant aussi une partie du NID 00412189, de zone d' industri lourde « I -2 » a zone rdsidentielle de banlieue — habitations unifamiliales, bifamiliales et maisons mobiles ((RS-2M » - all as shown on the plan attached hereto - toutes les modifications sont indiquees sur and forming part of this by -law. le plan ci joint et font partie du present arretd. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2010 and signed by: Mayor/Maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2010, avec les signatures suivantes : Common C1erk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 163 Planning Advisory Committee March 10, 2010 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L 1 SUBJECT: 3550 Lorneville Road - Rezoning Application t'R n City of Saint John On February 15, 2010 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 9, 2010 meeting. Brian Irving, appearing on behalf of Saint John Industrial Parks Ltd., spoke favourably of the application. No one appeared to speak in opposition to the application. After considering the attached report and the applicant's presentation, the Committee recommended approval of the proposed rezoning. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 2,800 square metres, located at 3550 Lorneville Road, also identified as a portion of PID No. 00412189, from "I -2" Heavy Industrial to "RS -2M" One and Two Family and Mobile Home Suburban Residential. Respectfully submitted, Carl Killen Chairman JK Project No. 10 -047 164 DATE: TO: FROM: FOR: PREPARED BY: MARCH 5, 2010 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING + PLANNING AND DEVELOPMENT MEETING OF MARCH 9, 2010 REVIEWED BY: Jody li er Ken Forrest, MCIP, RPP Plaru�er Commissioner SUBJECT: Name of Applicant: Saint John Industrial Parks Ltd. Name of Owner: Saint John Industrial Parks Ltd. Location: 3550 Lorneville Road PID: part of 00412189 Municipal Plan: Boundary of Open Space/ Unserviced Residential Zoning: Existing: "I -2" Heavy Industrial Proposed: "RS -2M" One and Two Family and Mobile Home Suburban Residential Proposal: To rezone a parcel of land being transferred from an industrial site to an adjacent residential property. Type of Application: Subdivision and Rezoning SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L�76�wwvvsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada ER 4L1 1� Saint John Industrial Parks Ltd. Page 2 3550 Lorneville Road March 5, 2010 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, March 15, 2010. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land with an area of approximately 2,800 square metres, located at 3550 Lorneville Road, also identified as a portion of PID No. 00412189, from "I -2" Heavy Industrial to "RS -2M" One and Two Family and Mobile Home Suburban Residential. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no concerns with this application. Buildings and Inspection Services has no concerns with this application. Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have no concerns with this application. ANALYSIS: Surrounding Area The subject site is located adjacent to the residential property at 3550 Lorneville Road, in the western region of the City. The surrounding area is a mixture of large swaths of vacant land and single - family homes. The vacant land to the north and west of the subject site is part of the large area expropriated by the Province in the 1970s for industrial development. The "RS -2M" One and Two Family and Mobile Home Suburban Residential zone that predominates the residential component of this area of Lorneville Road contains a variety of single and two -story homes. As with many rural areas of the City, the surrounding environment of the subject site is substantially forested, with open patches of land scattered throughout the general vicinity. Proposal Saint John Industrial Parks Ltd. (SJIPL) is seeking to subdivide and rezone a 2,800 square metre (30,139 square foot) parcel of land at the eastern _portion of their Lorneville Industrial Park from "I -2" to "RS- 2M". SJIPL intends on transferring ownership of this parcel of land to the adjacent residential landowner at 3550 Lorneville Road. If approved, the parcel of land will be consolidated with the existing land on the subject site. Currently the property located at the subject site contains a dual access driveway that extends from the south - eastern corner of the property to approximately 11.5 metres (3 8 feet) past the 166 Saint John Industrial Parks Ltd. Page 3 3550 Lorneville Road March 5, 2010 property line on the south- western side, as indicated in the attached site plan. The 2,800 square metre (30,139 foot) subdivided portion of land that the applicant is seeking to rezone and transfer to 3550 Lorneville Road would help rectify this existing encroachment. Assessment The current application is designated as both a "re- zoning" and a "subdivision ". Although the width of the subject property is currently less than the required 54 metres (177 feet) as stipulated in the Zoning By -law, the proposed property subdivision and transfer will enable the property to significantly reduce this deficiency. Because the property has existed long before the minimum property dimensions for the "RS -2M" One and Two Family and Mobile Home Suburban Residential zone were established, the owner is not required to meet these standards. However, it is desirable from a planning perspective to have the existing properties meet the zoning standards when possible. Therefore, Staff feel that the proposed property transfer is suitable in the context of the surrounding neighbourhood and corresponding zoning. CONCLUSION: The subdivision and transfer of the 2,800 metre (30,139 foot) portion of land from the Lorneville Industrial Park to the adjacent landowner at 3550 Lorneville Road represents no apparent impact on the adjacent community. The land transfer will enable the existing driveway encroachment by the property at 3550 Lorneville Road to be reduced. Approval is recommended. JK Prbject No. 10 -047 167 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT I -2 2M I -2 . Subject Site/site en question: ® PID(s) /NIP(s): part of 00412189 Location: 3550 Lorneville Road Date: February 19, 2010 Scale /6chelle: Not to scale /Pas A h6chelle 168 ii t►t� I ,'lil�lx al;j 169 11 x 11i L f# � v z N a 51 Q Igo � Ill 81115% It P�6 5 i� a oil i4 �O k .00 » ©a a,tO Application for a Zoning By -law Amendment Demande de modification a Parretti sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur. (vc t (Ct V [I SC,__i T /V. Postal Code/ Code postal FE Z M ; Telephone Number / Numdro de tdldphone O C (. - 3 Home / Domicile (a 5 - �-o a -f Fax Number / Numdro de tdldcopieur I— Work / Travail Z O 2- L Gt g Q Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Address / Adresse Postal Code / Code postal Property Information / Renseignements sur la propriet r� 0Vj I tAULA RQ aD65,)N LA�ji�-_ Location / Emplacement 19c( w e S I`F a (c ko" i 1 Q .028 -776.3 — Q I S O f 5* Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot 125-t 4 11 S !Street Frontage / Fagade sur rue __ 2 Existing Use of Property / Utilisation actuelle de la propridtd _ R e 5 t, j eVt C_ Municipal Plan Land Use Designation Designation de utilization des terres sur le plan municipal _ _ _ _ 5-7 _ _L 'e r U f e, C^a, da C Amendment Requested / Modification demand6e11 ff i Present Zoning / Zonage actuel . S�' r i V&T PA -5 7-,'+c.( T - -o yk ct 7 -0 Change Zoning to / Modification du zonage d . and/or / ou _._ -- Text Amendment (indicate particulars) / Modif cation due texte (indiquez les ddtails) UP IQ05 ep S 171 Development Proposal 1 Proposition d'amenagement Description of Proposal / Description de la proposition o P 0.5 eL I is if j i` -k t ' i rrrn17— d f-' odYTrYr+ 4 Pta G `c•a(( f Ute i C rvo—r r7oe- 9M You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, buildingplans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. exto Vous devez fournir un plan du site d 1'dchelle illusrrant votre proposition. Vous pouvez dgalement fournir des photographies, des plans de bdtiment des dessins de plan d'dldvation et toute autre forme de renseignement. Le plan dolt indiquer les dimensions de la propridtd, 1 `emplacement de la totalitd des bdtiments, des alldes, des aires de stationnement, des amdnagements paysagers et des panneaux de signalisation. R est important d'indiquer la distance entre les INites de la propridtd et les bdtiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui pourrait dtre approuvdes. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait dtre utile. E2<' t E Oh!� roof nee-(CS - e ct o" c c u i� ti-as i s k/L �- (N e— C Cn-A .S rLc e'l r C u o4-- a A e c e% i/ a `ice i° s e d Signature of Applicant / Signature du demandeur / Date ' $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ Ifyou are not the owner of the land in question Si vous n'etes pas le propridtaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dons la partie the owner is authorizing this application to proceed ci- dessous. La signature du propridtaire autorisant le for consideration by Common Council. traitement de la prdsente demande pour que cette dernidre soit examinde par le conseil communal. Signature of Owner (if applicable) Signature due propridtaire (s'il y a lieu) Date: 172 SITE PLAN Former South Bay United Church 1 Millard Robson Lane (Redrawn by Planning & Development) February 2010 173 SITE PLAN Former South Bay United Church 1 Millard Robson Lane (Redrawn by Planning & Development) February 2010 174 SITE PLAN Former South Bay United Church 1 Millard Robson Lane (Redrawn by Planning & Development) February 2010 175 �oYwr�r 2 A 4 hvd,er d CAYMI . Door 3,1 TYLAIsse3 MAN r Y2-4." on p&,i- OAXWC hoc IJ ..i ( W r�1v tai,: :� % 1 176 f . Mt (a wJ -\ fZir 103 . y d ct L.,n k04 SO f ti Alrw 3 L' Spew +Yuss St1-F ske'orr s,.4,', �� Met Plsa �l I m il [a,YGi i O bSav1- *. .5;-T - U" hyX /V -B Tcl, &31 -3939 177 1 r 2 4 n.se e-S r,,- A i R•-a CI--1 s r — • -j I pcuu i M do- 0 so PA, 1 m lav-d pbsaq �40 S+� �+rr.� .-.. - -�.n ...rte. �ilr - -� -- �-• -� _ _ _ _ ... . .r. -. - .� !.•- ti ^- JU}+rr rr- r•..Y�r... -'r�_n ..._ --r .r - -� _ -_ I ,= i ^' .Jn. -+n �r.Y ,r_.w +`±.ar -. J .. - r .. •rte.• r�•�.��...r.. �.±+- .�. =.� - ...'- �+ -rT +r- _ __ T_- _�� =�� -� � . -yam �� .� .t d a w 1 178. ��. G� (a n,�d Do v i-v Ala rr+i t sns� #1 _ Ll 2x0 17.9 \ City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: i Budget Number: 110 0801 442 2010 j Department: Common Clerk's_ Office Contact: Elizabeth Gormley I - Phone: (506) 658 -2862 Special Instructions (if any). Reference: 1 Millard Robson Lane Newspaper t #71 Fax: 50E 674 -4214 Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, February 16, 2010 Tuesday, March 9, 2010 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub- Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 180 PROPOSED ZONING BY -LAW AMENDMENT RE: I MILLARD ROBSON LANE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, March 15, 2010 at 7:00 p.m., by: PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 1, ALOE MILLARD ROBSON Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'dtudier la modification suivante a Parretti sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans ]a salle du conseil le lundi 15 mars 2010 a 19 h: 1. Adding the following to the list of zones in l Section 30(l ): "special zones SZ -267' 2. Adding the following as Section 740(26): "Special Zone #26 S( Z -26) a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: - a one family or two family dwelling; - all uses permitted in Section 410(1)(a); ii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #26 shall be as set out in Section 410(2), and Section 810 to 910 where this zone shall be considered an "IL" zone, an "IL -1 "zone, or neighbourhood institutional zone, as the case may be." L'adionction de I'dldment suivant a la liste de zones du paragraphe 30(1) : c zones speciales SZ -26 >r 2. L'adjonction du paragraphe 740(26) qui se lit comme suit: (< Zone speciale no 26 SZ -26 a) Usages Tout terrain, batiment ou structure ne peut titre affect6 : i) qu'aux utilisations suivantes une habitation unifamiliale ou bifamiliale; toutes les utilisations permises en vertu de 1'alinea 410(1)(a); ii) sous reserve de Particle 830, qu'a une utilisation auxiliaire ou accessoire liee a une utilisation, un batiment ou une structure perinis dans cette zone. b) Normes de zone Les normes d'amenagement dans la zone speciale n° 26 doivent etre conformes aux dispositions du paragraphe 410(2) et des articles 810 a 910, et la zone en question doit etre consideree en tant que zone « IL », zone IL -1 » ou quartier a vocation collectif, selon le cas. 3. Rezoning a parcel of land with an area of 3. approximately 1460 square metres, located at 1 Millard Robson Lane, also identified as being PID No. 00287763, from 9L -1" Neighbourhood Institutional to "SZ -26" Special Zone #26. REASON FOR CHANGE: To permit the existing building to be used as a one - family dwelling. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City 181 Modification du zonage d'une parcelle de terrain d'une superficie d'environ 1460 metres carr6s, situ6e au 1, allele Millard Robson, et portant le NID 00287763, de quartier a vocation collective << IL -1 >> a zone speciale no 26 « SZ-26 RAISON DE LA MODIFICATION: Pennettre ('utilisation du batiment existant comme une habitation unifamiliale. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et d6veloppement a ('hotel de 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. Elizabeth Gormley, Common Clerk 658 -2862 ville au 15, Market Square, A Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuiilez faire part de vos objections au projet de modification par ecrit a ('attention du soussigne a Ph6tel de ville. Elizabeth Gormley, Greffi6re communale 658-2862 182 ` el kwkwiW&W NOW- 'Rill V I thi ` PUBLIC NOTICE AVIS PUBLIC Public Notice is hereby given that the Common Par les pr6sentes, un avis public est donne par lequel Council of The City of Saint John intends to consider le conseil communal de The City of Saint John amending The City of Saint John Zoning By -law at indique son intention d'6tudier la modification its regular meeting to be held in the Council Chamber suivante a 1'arrete sur le zonage de The City of Saint on Monday, March 15, 2010 at 7,00 p.m., by: John, lors de la r6union ordinaire qui se tiendra dans ]a Salle du conseil le lundi 15 mars 2010 a 19 h : I. Adding the following to the list or zones in 1. L'adjonction de 1'616ment suivant a la liste Section 30(1): de zones du paragraphe 30(1) : "special zones SZ -26" «zones speciales SZ -26» 2. Adding the following as Section 740(26): 2. L'adjonction du paragraphe 740(26) qui se "5necial Zone #26 (57-26 ]it comme suit: a) Uses <c Zone speciale no 26 (S -261 Any land, building or structure may be used for a) Usaees the purpose of, and for no other purpose than. Tout terrain, batiment ou structure ne peut etre affect6 : i) the following uses: i) qu'aux utilisations suivantes a one family or two family d w e l l i n g , - une habitation unifamiliale ou bifamiliale: all uses permitted in Section 410(1)(a): - toutes les utilisations permises en vertu de 1'alinea 410(1)(a): ii] subject to Section 830, an accessory building, ii) sous reserve de ]'article 830, qu'a une utilisation structure or use, incidental to a use, building or auxiliaire ou accessoire liee a une utilisation, un structure permitted in this zone. batiment ou une structure permis Bans cette zone. b) Zone Standards b) Normes de zone Standards for development in Special Zone Les normes d'amenagement Bans ]a zone #26 shall be as set out in Section 410(2), and speciale n° 26 doivent etre conformes aux Section 810 to 910 where this zone shall be dispositions du paragraphe 410(2) et des articles considered an "IL" zone, an "IL -1" zone, or a 810 a 910, et la zone en question doit etre neighbourhood institutional zone, as the case consideree en tant que zone cc IL u, zone « I1-1 may be." )> ou quartier a vocation collectif, selon le cas. n 3. Rezoning a parcel of land with an area of 3. Modification du zonage dune parcelle de terrain approximately 1460 square metres, located at d'une superficie d'environ 1460 metres carr6s, 1 Millard Robson Lane, also identified as being situee au 1, allee Millard Robson, et portant le PID No. 00287763. from 914" Neighbourhood NID 00287763, de quartier a vocation collective Institutional to "SZ -26" Special Zone #26, « H-4 o a zone speciale n° 26 « SZ-26 ». REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit the existing building to be used as a one- Permettre ]'utilisation du batiment exislant comme family dwelling. une habitation umfamiliale. The proposed amendment may be inspected by any Toute personne interestee peut examiner le projet interested person at the office of the Common Clerk, de modification au bureau du greffier communal or in the office of Planning and Development. City ou au bureau de l'urbanisme et developpement a Hall, 15 Market Square, Saint John, N.B. between I'h6tel de ville au 15, Market Square, a Saint John, the hours of 8:30 a.m. and 4:30 p.m., Monday au Nouveau- Brunswick. entre 8 h 30 et 16 h 30 du through Friday, inclusive, holidays excepted. lundi au vendredi, sauf les jours feri6s. Written objections to the amendment may be sent to Veuiiiez faire part de vos objections au projet de the undersigned at City Hall. modification par ecrit a ]'attention du soussigne a 116tel de ville, Elizabeth Gormley. Common Clerk Elizabeth Gormley; Greffiere communale 658 -2862 658 -2862 BOX/ LE 101 SAINT JOHN NB I N.-B.4 E2L 41A 183 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: L 2. KI ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du Conseil communal, The City of Saint John a decrete ce qui suit : Uarret6 sur le zonage de The City of Saint John, decret6 le dix -neuf (19) d6cembre 2005, est modifi6 par: Adding the following to the list of 1. zones in Section 30(1): "special zones SZ -26" Adding the following as Section 740(26): "Special Zone #26 S( Z #26) a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: - a one family or two family dwelling; - all uses permitted in Section 410(1)(a); ii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #26 shall be as set out in Section 410(2), and Section 810 to 910 where this zone shall be considered an "IL" zone, an "IL -1" zone, or a neighbourhood institutional zone, as the case may be." Rezoning a parcel of land with an area of approximately 1460 square metres, located at I Millard Robson Lane, also identified as being PID No. 00287763, from "1L -1" Neighbourhood Institutional to "SZ -26" Special Zone #26 - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 184 2. 3. L'adjonction de I'616ment suivant a la liste de zones du paragraphe 30(1) : zones sp6ciales SZ -26 » L'adjonction du paragraphe 740(26) qui se lit comme suit: « Zone sp6ciale n° 26 Sr Z #261 a) Usages Tout terrain, batiment ou structure ne peut etre affecte : i) qu'aux utilisations suivantes une habitation unifamiliale ou bifamiliale ; toutes les utilisation permises en vertu de I'alinea 410(1)(a); ii) sous reserve de I'article 830, qu'a une utilisation auxiliaire ou accessoire Me a une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'am6nagement dans la zone speciale n° 26 doivent etre conformes aux dispositions du paragraphe 410(2) et des articles 810 a 910, et la zone en question doit etre consider6e en tant que zone « IL », zone « IL -I a ou quartier a vocation collectif, selon le cas. » Modification du zonage dune parcelle de terrain d'une superficie d'environ 1460 metres carr6s, situee au 1, allee Millard Robson, et portant le NID 00287763, de quartier a vocation collective « IL -1 » a zone speciale n° 26 « SZ -26 - toutes les modifications sont indiqu6es sur le plan ci joint et font partic du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, aver les signatures suivantes and signed by: Mayor /Maire Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 185 Planning Advisory Committee March 10, 2010 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada Eli. 41.1 SUBJECT: 1 Millard Robson Lane - Rezoning Application City of Saint John On February 15, 2010 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 9, 2010 meeting. Paul Melanson, the applicant, was in attendance at the meeting and generally spoke in favour of the application; however, Mr. Melanson expressed concern regarding his ability to close and landscape the driveway accessing Westfield Road at this time. The applicant stated that such property redevelopments are considerations that would be better suited for such a time as the property is returned to church- related activities. No one else appeared for or against the application, although two letters were received expressing concerns with parking availability on the subject site (copies attached). After considering the report, letters and comments made by the applicant, the Committee accepted the recommendations made by staff regarding the rezoning of the property from "IL -1" Neighbourhood Institutional to "SZ -26" Special Zone #26, but recommended that the provisions of the special zone be modified to require Council's approval of a specific proposal pursuant to Section 39 of the Community Planning Act for any future change of use. RECOMMENDATION: A. That Common Council amend the City of Saint John Zoning By -law by: Adding the following to the list of zones in Section 30(1): "special zones ; SZ -26" 2. Adding the following as Section 740(26): "Special Zone #26 S�Z-26) a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: 186 -2- a one family or two family dwelling; all uses in Section 410 (1)(a) provided that Council has approved a specific proposal including that use pursuant to Section 39 of the Community Planning Act. ii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #26 shall be as set out in Section 410(2), and Section 810 to 910 where this zone shall be considered an "IL" zone, an "IL -1" zone, or a neighbourhood institutional zone, as the case may be." 3. Rezoning a parcel of land with an area of approximately 1460 square metres, located at 1 Millard Robson Lane, also identified as being PID No. 00287763, from 11IL -1" Neighbourhood Institutional to "SZ- 26" Special Zone #26. Respectfully submitted, Carl Killen Chairman JK Project No. 10 -043 187 w "Am is TO FROM: MARCH 5, 2010 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING * PLANNING AND DEVELOPMENT FOR: MEETING OF MARCH 9, 2010 PREPARED BY: REVIEWED BY: Jody IiCI Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: SAINT JOHN Ken Forrest, MCIP, RPP Commissioner Paul Melanson Paul Melanson 1 Millard Robson Lane 00287763 Low Density Residential Existing: "IL -1" Neighbourhood Institutional Proposed: "SZ -26" Special Zone 26 To add an extension to an existing structure that was previously used as a community church, and change the zoning designation to allow for a one - family dwelling. Rezoning and Variance to permit the proposed extension to have a front yard setback of approximately 5.5 metres (18 feet), whereas the Zoning By -law requires a minimum front yard of 7.5 metres (24.6 feet). P.O. Box 1971 Saint john, NB Canada E2L 4qj www.saingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4Li Paul Melanson Page 2 1 Millard Robson Lane March 5, 2010 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, March 15, 2010, The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: A. That Common Council amend the City of Saint John Zoning By -law by: 1. Adding the following to the list of zones in Section 30(1): "special zones SZ -26" 2. Adding the following as Section 740(26): "Special Zone #26 SZ -26 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: a one family or two family dwelling; - all uses permitted in Section 410(1)(a); ii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #26 shall be as set out in Section 410(2), and Section 810 to 910 where this zone shall be considered an "IL" zone, an "IL -1" zone, or a neighbourhood institutional zone, as the case may be." 3. Rezoning a parcel of land with an area of approximately 1460 square metres, located at 1 Millard Robson Lane, also identified as being PID No. 00287763, from "IL -1" Neighbourhood Institutional to `4SZ -26" Special Zone #26. B. That, pursuant to the provisions of Section 39 of the Community Planning Act, the rezoning of the property at 1 Millard Robson Lane be subject to the following conditions: a) That the future use of the property for any church - related activities shall require a "change of use" permit, and b) That the driveway accessing 1 Millard Robson Lane from Westfield Road be closed and the area of the driveway landscaped, in accordance with a detailed plan to be prepared by the applicant and subject to the approval of the Development Officer. 189 Paul Melanson Page 3 1 Millard Robson Lane March 5, 2010 C. That the Planning Advisory Committee approve the requested variance to reduce the front yard setback from the required 7.5 metres (24.6 feet) to approximately 5.5 metres (18 feet). BACKGROUND Service New Brunswick records show that the former South Bay United Church located at the subject site was built in 1940. In 2007 the applicant purchased the subject property in order to continue the use for church - related functions, but with accessory living space. The proposed change was acceptable because the applicant was going to retain the use of the church but live in the building as a "caretaker ", which is permitted in the "IL -1" Neighbourhood Institutional zone. Building Inspection required the applicant at the time to undertake various renovations to the building in order to accommodate both the structural needs of a church and a residential dwelling. However, the work was not completed and the permit has since expired. In the interim period, the applicant has decided that he would prefer to use the property primarily as a residential dwelling, which he has been doing since 2007. However, he would like to retain the option of returning the use to church - related functions in the future if the need arises. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed zoning by -law amendment and variance: • There is no municipal servicing available. • It is assumed from the application that there will be no driveway modifications. • It is assumed that the original site grading will not change, with the exception of the small portion addition. • The owner shall not cause any adverse drainage effects to adjacent lands. • The owner shall submit a sketch to the City for review /approval indicating direction of flow and any proposed site grading changes. Buildings and Inspection Services offered the following comments: • that at present Building Inspection has no active permits for this property; • the last comments on both permit inspection records were that the owner was going to use the property as a single family home; • there are a number of Building Code issues that would have to be resolved prior to any occupancy other than single family; and finally, • the owner must obtain further permits if he intends to construct the porch or if he changes the occupancy classification. Saint John Fire Department has been:notified of this application. N.B. Department of Health has been notified of this application. Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have no concerns with this application. 190 Paul Melanson 1 Millard Robson Lane ANALYSIS: Surrounding Area Page 4 March 5, 2010 The subject site is located in the "South Bay" area of western Saint John, approximately half a kilometre west from the Gault Road entrance onto Westfield Road. The area is characterised predominantly by low- density residential development, but contains large forested areas to the west of the subject site, and the Saint John River to the east (opposite the Westfield Road). There is a range of post -war and modern single - family dwellings mixed throughout the area. Proposal The applicant wishes to continue living in the building, and also proposes to construct a small porch addition. The side of the former church fronting Westfield Road is approximately 5.5 metres (18 feet) from the property line. Although the "IL -1" Neighbourhood Institutional zone requires a front yard setback of 7.5 metres (24.6 feet), because the former church was built before the current Zoning By -law was incorporated the existing building is not required to meet these standards. The proposed addition of the porch does not extend beyond the existing limits of the building. However, any addition to the existing structure is either required to meet the Zoning By -law standards, or be granted a variance from this standard. As such, the proposed addition to the former church requires the aforementioned front yard setback variance. Other proposed renovations include a new roof and replacement of windows. The use of the building for church - related functions has been placed on hold for now. A stand -alone dwelling unit (i.e. not accessory to a church) is not a permitted use under the current "IL- 1" Neighbourhood Institutional zoning of the property. In order to permit the proposal, but retain the ability to use the building as a church in the future, the applicant has requested that the property be rezoned to a special zone (SZ -26). The permitted uses and standards for the proposed special zone are exactly the same as those for the current "IL -1" Neighbourhood Institutional zoning of the property, except that the zone would also permit a one or two-family dwelling. Assessment The rezoning of the property at 1 Millard Robson Lane to "SZ -26" can be supported when considering the context of the existing neighbourhood and the historical function of the former church in the community. The property is situated in'a predominantly residential area of South Bay, which is consistent with the proposal to introduce a residential component to the former church. Staff feel this is an appropriate use of existing building stock in an established neighbourhood. Furthermore, the required variance to the front yard setback is minimal and adds no further deficiency than already exists for the former church. Approval for the front yard setback variance can therefore be supported. Returning the subject site to a church- related use may also be acceptable in the future, but should require the applicant to apply for a "change of use" permit at that time. The concept of reintroducing church - related activities to the subject site has merit, but Staff would like to retain the opportunity to revisit the application at such a time to address any concerns that may apply to the use of the property as a public institution (such as parking requirements or landscaping issues). 191 Padl Melanson Page 5 1 Millard Robson Lane March 5, 2010 When the South Bay Church was originally built in 1940, "Millard Robson Lane" had not yet been constructed as an access road servicing the Church. As such, the former church was accessed from Westfield Road. With the advent of the new street several years later, the Church provided a main access driveway from Millard Robson Lane, where it continues to be the primary entrance for the property today. However, the original driveway still provides secondary access from Westfield Road. The driveway is in poor condition and contains a considerable slope from the property's elevated position onto Westfield Road, precisely at a juncture where the Road begins to turn. Staff recommend that approval for the rezoning be subject to the condition that the driveway directly accessing Westfield Road be closed off, and landscaping be provided in its place, subject to the approval of the Development Officer. Landscaping would help reduce the amount of runoff onto Westfield Road from the subject property, which may help improve the safety of the Road for motorists and cyclists alike. Furthermore, closing the driveway off and providing landscaping will help increase the aesthetic value of the property and the surrounding neighbourhood. CONCLUSION: The use of the former South Bay Church as a residential property containing an added porch, setback approximately 5.5 metres from the property line, can be supported by Staff as it does not change the community "feel" and makes efficient use of existing building stock. Retaining the capacity to reintroduce church - related activities, however, presents a land use mix that currently does not exist in any zone contained in the City's Zoning By -law. Consequently, "Special Zone 26" is being proposed to accommodate this mix of use and enable the applicant to use the property as a church in the future. Staff generally supports this application, but recommends that the future use of the property as a church require a "change of use" permit. Furthermore, Staff recommend that approval be subject to the condition of the closing the driveway accessing Westfield Road, and the applicant providing landscaping in its place, subject to the approval of the Development Officer. JK Project No. 192 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT �e <23 1030 1024 11 1020 F&2 ►a ►*►•► 1021 B-2 1010 s e ,013 y 0 \ 892 934 v / ,�► y 980 0 •.. �, 972 � w � 6 0 •` 9 •/� v 93 11 \ 10 .� +/ 937 AL Subject Site/site en question: ® PID(s )/NIP(s ): 00287763 Location: 1 Millard Robson Lane Date: February 18, 2010 Scale /echelle: Not to scale /Pas A 1'6chelle 193 SITE PLAN Former South Bay United Church 1 Millard Robson Dane (Redrawn by Planning & Development) February 2010 194 - v I I L- 11' -t J L'1 March 6, 2010 Planning Advisory Committee City of Saint John, Planning and Development P.O. Box 1971 Saint John, NB E2L 4L 1 Attention: Planning dsor�' Q Avi— �- MMj tee To Whom It May Concern: A 1'c n The application for rezoning of the above property from "IL -1" Neighbourhood Institutional to "SZ -26" Special Tone 26 is causing concerns for our family. I have lived on Equestrian Court (at the end of Millard Robson Lane) my entire life first at my family's house (10 ,Equestrian Court) and now have my own house on the same mad (2 Equestrian Court). When the current property was run as a church where functions would be held at the hall it caused huge traffic/parking issues on Millard Robson Lane (private road). The property does not have sufficient parking to accommodate functions. In the past cars would park all over the private road and lawns right up to my house on both sides of the road and on two occasions in the past the road was blocked off entirely making the road impassable. This required me to go in to the hall and try to search for people to move their can so that I could exitlenter my property. This was a huge frustration as this road is not part of their property and if this property is planning on having functions in the hall that would require many cars I can see this being any issue again as there is little onsite parking to allow far this; therefore our road would be negatively impacted with increased traffic and parking issues. We are also concerned about the increased traffic this could cause,because we have a 2 year old and a 4 year old that are out amun d our yard, my sister and mother's yards that all live off Millard Robson lane (which my mother owns), We have also have concerns with the zone being listed as two - family as this street currently only has single #amity homes. We have no concerns about this properly being zoned residential (single family). We also have no concerns about the porch addition. Sincerely yours, Julie & Brad Stevens 2 Equestrian court Saint John, NB E2M 7L9 (546) 635 -5417 195 MAR % %TO 16002 V.si V r i Zulu iZ : 40 Ml March 6, 2010 Planning Advisory Committee City of Saint John, Planning and Development P.O. Box 1971 Saint John, NB E2L 4L 1 AttWion; Planning Advisory C.-.m To Whom It May Concern: &H-WE : 1 MillUd Robson Lane -- RgMi g.Annlication The application for rezoning of the above property from "IL-1" Neighbourhood Institutional to "SZ -26" Special Zone 26 is causing concerns. I moved to South Bay over 30 years ago and have had issues with insuilieient parking at 1 Millard Robson Lane in the past when it was run as a church. Cars would be lined up both sides of Millard Robson Lane (private roadlright of way that I own) causing it to be blocked off completely on more than one occasion. I own two houses and several properties on this street and my daughters each awn a house on this street as well. Therefore, I have concerns about this road being used for parking as it is not part of their property and their property does not have sufficient parking for many vehicles. I have four young grandchildren that play on our family. property and having parked cars on our mad and increased trafe travelling our road is of great concern. I do not wish to cause the Melanson family .grief; however, I feel it is necessary to express my concerns about this as it could impact the enjoyment of my Property- I also have concerns about this zoning being listed as two - family dwelling as this street currently only has single family dwellings. I have no concerns about this being zoned residential (single family). I also have no concerns about the new porch addition. Sincerely yours, Louise Armstrong j 10 Equestrian Court Saint John, NB E2M 7L9 (5061) 635 -8607 .. tw 0 % 2010 121001 Mar 0410 01:17p BKelly 506- 635 -2116 p.1 Nape 1 of 1 Bruce Kelly From "Bruce Kelly" <wash it@nbnetnb, ca> To: <planning @saingohn.ca> Sent: Thursday, March 44, 2010 1:12 PM Subject: Rezoning for 4 Millard Robson lane -Paul Melanson I am writting to express my concerns regarding the rezoning of 1 Millard Robson Lane,owned by Paul Melanson.l understand the zoning is now IL -1 and they are living there illegally under this zoning.) also understand that they want to change that zoning to SZ -26 which will allow them to have a 1 or 2 family plus a an institutional zoning.My concern are as follows:When this building was a church people would park on Millard Robson Lane,which is a private road,this was because there is not substantial parking on this particular piece of Iand,The parking would block off the road at times and people who lived further in could not get into their houses because Millard Robson Lane is narrow and can not accomodate side street parking.This happened numerous times becasue 1 Millard Robson Lane can only support so many vehicles and with the front deck he wants to build {which we don't oppose }will take away even more parking.) also have one other concern and it is the lack of a correct septic system.) understand they have a 250 gallon holding tank with no filtration system,this is a concern as my property is on 5 Millard Robson Lane and l am acourse on a well,I don't believe this system can support what they want to do.l would however have no problem if these 2 issues were addressed. Bruce and Sharon Kelly Owners of the property on 5 Millard Robson lane. We can be contacted at 572 -8791 ond V)6, ,-� — 1; Y\ G_'( � �/10 ---Mu (:-� 6 P�--� MAR 0 4 2010 197 31412010 BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: 1 A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 208 immediately after Section 207 thereof, as follows: The City of Saint John does hereby stop up and close permanently the following portion of highway: WELDON AVENUE: That a portion of Weldon Avenue a 20.12 metre (66 foot) wide public street in the City of Saint John, County of Saint John and Province of New Brunswick designated "Weldon Avenue (Public) " on a subdivision plan titled: "Subdivision Plan Kathleen LeBlanc Subdivision, Parish of Simonds, City of Saint John, New Brunswick" dated January 25, 1984 assented to by the Common Council of the City of Saint John on January 3, 1984, approved by the Development Officer on January 26, 1984, approved by the Director of Surveys on January 30, 1984 and filed in the Saint John County Registry Office on Jan. 31, 1984 as Number 1592. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2010 and signed by: Mayor/Maire ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DAMS THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : 1 Par les presentes, I'arrete de The City of Saint John intitule, « L'arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John >>, decrete le 19 decembre 2005, est modifie par l'ajout de Particle 208 immediatement apres ]'article 207, comme suit : Par les presentes, The City of Saint John barre et ferme de fagon permanente la portion d'unc route suivante : AVENUE WELDON : Un tron�on de 1'avenue Weldon, une route publique dune Iargeur de 20,12 m6tres (66 pieds) situee dans The City of Saint John, Bans le comte de Saint John et dans la province du Nouveau - Brunswick, connue sous le nom de « avenue Weldon (rite publigue) rr, telle que delimitee sur un plan de lotissement intitule : <s Plan de lotissen:eut Kathleen LeBlanc, paroisse de Simonds, The City of Saint John, Nouveau - Brunswick» date du 25 janvier 1984 et sanctionne par le conseil communal de The City of Saint John le 3 janvier 1984, approuve par 1'agent d'amenagement le 26 janvier 1984, approvvd par le directeur de 1'arpentale le 30 janvier 1984 et depose au bureau de I'enregistrement du comte de Saint John, le 31 janvier 1984, sous le n° 1592. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6te le * 2010, avec les signatures suivantes Common C1erk/Greffiere communale First Reading -March 1", 2010 Premiere lecture - le 01 mars 2010 Second Reading - March I ", 2010 Deuxieme lecture - le 01 mars 2010 Third Reading - Troisieme lecture - 198 ,spa z t-W B. -1230 192tg a� tu�, iparB�mSb �- ':1A a] ti _ x h ' ✓oh'Sfo\ t _ . rr tj 'p ILMN 00 Sao 0 4 �i ya . 9. Am ` a t Jb 1.] _ � to 4` • 'a -n - x cY Plan. - ... mv..r� •P.=y : -..... xerr t id.iio _Rtglstration _ Data ,.d 306179, Xwr¢biclrt.wr t larr:di - tJ3tes- •_ 3 b1 1M y cbf }¢1n1 John. k�r n�ct L¢na m 7gpr h.wb3 lrlf�M 10 1Mle IM nipryyx , or 3lYa plan a qat 2 Mrt Hifie6 tM Irp¢1r¢wnfx or Inr 6vw7x Acf. , IMxi�wNa Irlr I¢. fh. H. B., tr14 "'G•GQU1¢fe. xlratrla, .U3 aHMrua ¢rr M mrlrle. In a.¢eSra nrin 1. I�-rrtrrebu pen Ck 1 -N. Adlusled N. 8, Grid Cv- Ordinate YalueS Subdivision Plan Kathleen LeBlanc. Subdivision .Parish . of Simonds , ity of Saint John , New- Brunswick. ¢. 25.1614. sca. 1:IOar' " ula6ra r4r.41" HvpNes ry L Censu,tan is 41d _ - Mw WmrlbR I,u1d Re649r.7¢r . N 7 2". 220 246 670 Sid - 172 H- i me 264 Mgt 679 639 3i3 li/a -1g - 13 20 44i ]46 183, 6t2 14 42t 670 670 601 614 653 _ .3 - 21 3Ly C77 776 610 647 S36 2t 349 110 "1 d70 62] 210 - 32 3Ll 162 921 '670 "1 1i7 ?1 348 203 - ;(3 i70 6w ., il] 5.5 H. 177 244 t2; 605 670 555 .. 607 ml..W ,17t 348 155 432 670 516 - WO - .17 344 23S 483 670 57] _ , Lit tY 3Y 21S - f69 474 SSY 532 _ Ii NO ;97 127 170 ]CS S59 N.1. Haw 117] 346 K$ 69 670 511 - 35c _ - I 3291 4L7 Y3 285 670 joy I27 7A00a 246 465 Mt 614 521 - .;73 _ . Subdivision Plan Kathleen LeBlanc. Subdivision .Parish . of Simonds , ity of Saint John , New- Brunswick. ¢. 25.1614. sca. 1:IOar' " ula6ra r4r.41" HvpNes ry L Censu,tan is 41d _ - Mw WmrlbR I,u1d Re649r.7¢r . N ti March 15, 2010 His Worship Mayor Ivan Court And Councillors Subject: Projected Traffic Congestion Resulting from Costco Opening Your Worship and Councillors, am concerned for the residents of Westmorland Road and neighbouring streets as it relates to ease of access to their homes and other traffic issues when the new Costco opens. With the opening there will be increased traffic causing congestion on Retail Drive, Westmorland Road and surrounding streets. Motion: that the City Manager report to Council on traffic implications on Retail Drive, Westmorland Road and surrounding streets as a result of the Costco opening. Respectfully submitted, (source verified) Bruce Court Councillor (P*-., SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saingohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 200 March 15, 2010 Your Worship Mayor [van Court & Members of Common Council: Issue: Road Conditions — Quinton Heights Area of Saint John Context: Knowing road conditions are a significant challenge to citizens, Council and City Staff, I am advocating on behalf of the area cited above. Motion: Receive and File. Respeeffuyy submitted, r Peter McGuire Councillor — City of Saint John (44)-.. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41.1 I www.saingohn.ca I C.P. 1971 Saint John, N. -B. Canada ER 4L1 201 I; March 15, 2010 Your Worship Mayor Ivan Court & Members of Common Council: Issue: 17t4 Annual NBNPHA Conference Context: Our City has a rich and successful history within the non- profit housing movement within New Brunswick. Hosting the NBNPHA is a clear example of the leadership shown by non - profit housing leaders in our City such as Kit Hickey, Nirander Singh and Don Conolly. Please find enclosed the schedule of events for this upcoming, important Provincial housing conference. Motion: Receive and File. Respec submitted, Peter cGuire Councillor — City of Saint John SAINT JOHN ---ter RO, Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca 1 C.P. 1971 Saint John, N. -B. Canada E2L 4L1 202 17" Annual NBNPHA Conference Delta Brunswick Hotel, Saint John, NB May 7 & 8, 2090 Theme: Affordable Housing- Everyone's Right Please check our web site for update - www.nbnpha- alsbinb.ca THURSDAY, MAY 6 12 noon — 2:30 pm Tour of Affordable Housing Projects 6:00 - 8:30 pm Conference Registration FRIDAY, MAY 7 7 :30 -11:00 am Conference Registration 8 :30 am Official Opening- Ballroom • Wayne Dempsey, Conference Chair • Ivan Court- Mayor of Saint John • Dan Cameron, Social Development • Carolyn Kavanagh, Canada Mortgage & Housing Corporation • Dave Eddy, CHRA President • Ronald Steeves, NBNPHA President 9:30 am Keynote Speaker — Bernard Richard, Ombudsman 10:15 am Nutritional Break 10:30 -12:30 pm Workshop A — Residential Tenancies Act Presenter: Office of the Rentalsman • 10 :30 -12:30 pm Workshop B — Municipal Role in Affordable Housing Development Presenters: Cities of Saint John, Moncton, Fredericton, Sussex and one northern municipality 191 10 :30 -11 :25 am Workshop C Expiry of Operating Agreements Presenters: Jean Rioux, Marie -Reine Doucet, Sheila Wade, Social Development .t5 11:35- 12:30pm Workshop D- Social Enterprise Presenters: Seth Asimakosl Leo -Paul Pinet 12 :30 pm Lunch- delegates only Luncheon Address- Poverty Reduction- Gerry Pond, Leo -Paul Pinet, Minister LamrocklJames Hughes, Deputy - Minister Page i of 2 17th Annual NBNPHA Conference Delta Brunswick Hotel, Saint John, NB May 7 & 8, 2010 Theme: Affordable Housing- Everyone's Right 2:15- 5:15pm Open Space Workshop E - Poverty Reduction and Affordable Housing --What are the challenges and opportunities in the next decade? 6:00 pm Reception — Delegates and Guests 7 :00 pm Annual Dinner - Delegates and Guests Guest Speaker- Minister Kelly Lamrock Volunteer of the Year Award Group Recognition Awards 9:00 pm Entertainment — Maritime Kitchen Party SATURDAY, MAY 8 7:30 am 8:30 am 10:00 am 10:30 am Breakfast - Delegates Only Regional Meetings Networking Break Annual General Meeting 12 :00 pm Conference Wrap -up • Conference Summary • Welcome to Edmundston in 2011 • Draws / Auction Results 12:30 pm Adjourn Paga 2 of 2 �C�Vr L March 15, 2010 Your Worship Mayor Ivan Court & Members of Common Council: Issue: 130 Milford Road Context: • City Staff did an excellent job in building and implementing the plan to demolish this unsightly property • As we know vacant lots do nothing to enhance the social well -being of a neighbourhood. + Vacant lots should be rehabilitated as soon as possible to create a positive and vibrant atmosphere within a neighbourhood • In discussing this vacant lot with those living in Milford they would appreciate seeing it rehabilitated — in the form of new housing. Motion: That Council give permission to Councillor McGuire to investigate with City Staff, residents of Milford, and housing experts how best to rehabilitate the vacant lot on 130 Milford Road. A report back to Council in two months' time would be delivered. Respecll7submitted, fi Peter cGuire Councillor —City of Saint John (J4 )-- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 40 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 205 REPORT TO COMMON COUNCIL March 15, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors, SUBJECT: Position Vacancy Clerk's Office PURPOSE M. The City of Saint John The purpose of this report is to seek Council's approval to delete a vacant position in the Clerk's office and add another to comply with new legislation, the Right to Information and Protection of Privacy Act. BACKGROUND Several years ago the Clerk's office embarked on an endeavor to upgrade and modernize the office in general and its record keeping in particular. A Corporate Records Manager was engaged to assist all Departments in the City to ensure that legislation is followed; to provide for better customer service, and preserve and protect our records. Council played a crucial role in this plan by adopting the City's Record Management Policy in 2008. Much has been accomplished toward that goal to date, and with the cooperation of all departments we continue to make progress on a three year plan. However, since new legislation, the Right to Information and Protection of Privacy Act which is applicable to municipalities, becomes effective in January 2011, the City must make a concentrated effort to ensure that our records are in the best order possible to enable us to comply with this new legislation. The timelines are very stringent with the legislation requiring a 30 day response time to information requests. In anticipation of this requirement the Clerk's office 2011 budget reflects the cost of hiring an information management officer to be responsible for duties relating to the Right to Information and Protection of Privacy legislation as well as other information management functions. We anticipate engaging a qualified individual in 2010 to train and prepare for the required duties of that position. FINANCIAL IMPLICATIONS 206 Page 2 The Plan of Establishment currently lists a position in the Clerk's office to accommodate a new employee, having been approved in the inside worker category for work anticipated for a committee system of governance. Since the change in governance structure has not occurred, we would like to delete this position until the need arises, and add a management position to meet legislative requirements of the Right to Information and Protection of Privacy Act. The grand total of the number of positions in the Plan of Establishment would remain the same, and there would be no change to the 2010 operational budget. INPUT FROM OTHER SOURCES The City Manager, City Solicitor and Human Resources have been consulted and agree with the recommendation in this report. RECOMMENDATION That Common Council approve deleting the vacant inside worker position in the Clerk's office and adding a management position to respond to the requirements of the Right to Information and Protection of Privacy legislation and other information management duties. Respectfully submitted, Elizabeth Gormley, Common Clerk 207 REPORT TO COMMON COUNCIL OPEN SESSION M &C2010 -66 March 3, 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Demolition of a dangerous and dilapidated building at 242 Watson Street BACKGROUND City of Saint John The building at 242 Watson Street is a vacant, dangerous and dilapidated two storey residential building. It is close in proximity to adjacent multi - family residential buildings and has no setback to the sidewalk of Watson Street. The main front door and ground level windows are secured from entry with plywood panels, however, the front upper storey windows are not boarded over and two of the windows are broken with glass hanging in the window frames. This condition poses a safety hazard to the public passing by on the sidewalk directly below. On the left side of the building, the windows at ground level have not been boarded up to prevent entry and one of the windows at the top level is open. On the right side of the building, the doors and windows at the ground level have been covered over with plywood but at the second storey level, an inaccessible door is wide open. The corner trim board at the right rear of the building is missing and the underlying sheathing is exposed to the elements and shows signs of deterioration and rot. An area of the sheathing in the same location is missing, thereby exposing a portion of the building's frame. These openings and unprotected areas are allowing the elements to penetrate the building and this is contributing to the deterioration of the structure. At the rear of the building, most of the windows have been covered with plywood panels. One window at the upper storey is partially unsecured. The rear yard contains junk and debris, including a discarded mattress, and other household and construction items. In 2007, the perimeter of the building, at the foundation level on the right and front sides was excavated. This work has left openings along the right side and at present, the two storey structure is being supported on temporary members. The foundation openings are large enough to allow children to crawl under the structure and this has been reported to 208 M & C 2010 — 66 - 2 - March 3, 2010 the Police Force by neighbours. The temporary supports provide an unsuitable long -term foundation system and in its current state, the building is not structurally sound. Prior to becoming vacant, the building was the subject of a minimum property standards case and in 2006 an inspection report prepared by the Buildings and Inspection Services Department discusses the sloping floors of the building. The power has been removed to the building and as stated, most of the ground floor windows and doors are covered with plywood. The sloping floors combined with the lack of artificial and natural lighting may pose a safety hazard to any person entering the building. This could include members of the Fire Department, Police Force, other emergency personnel or persons trespassing in the building. As the building is a danger to the safety of the public by reasons of dilapidation and unsoundness of structural strength, on December 21, 2009 a Notice to Comply was served on the registered property owner. The Notice required compliance within 60 days of service. No appeal to the Saint John Substandard Properties Appeal Committee was received. The Municipalities Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the structure to be demolished. As required in the Act, a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the building's dilapidation and hazard to the safety of the public. Attached for Council's reference is the Notice to Comply that was issued, the affidavit attesting to service of the Notice to Comply to the owner, the January 2006 minimum property standards inspection report prepared by the Buildings and Inspection Services Department, a December 4, 2009 email chain from staff members of the Police Force and Fire Department concerning a report of children in the building and photographs of the building taken on March 4, 2010. As is written in the Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at this property. The cost of demolishing the building is estimated to be $12,000.00 - $15,000.00 and could be completed within the next 8 weeks. As provided in the Act, the cost of the remedial actions will be billed to the registered property owner. RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings By -law, arrange for the demolition of the building at 242 Watson Street, in accordance with the applicable City purchasing policies. 209 M & C 2010 — 66 - 3 - March 3, 2010 Respectfully submitted, Amy Poffenroth, P.Eng. MBA Deputy Commissioner Buildings and Inspection Services Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Patrick Woods, CGA City Manager 210 242 Watson Street, Saint John March 4, 2010 211 242 Watson Street, Saint John 212 �!8 • * 3!!MY rkfrY March 4, 2010 � +I 'r 1 INIL- 140 1 �I 242 Watson Street, Saint John 213 March 4, 2010 i- 214 242 Watson Street, Saint John March 4, 2010 215 242 Watson Street, Saint John March 4, 2010 216 • s if 9L-y 242 Watson Street, Saint John 217 March 4, 2010 w FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B. 1973, c.M -22, s.190.01(3)) FORMULE 1 AVIS DE CONFORMITE (Loi sur les municipalites, L.R.N. -B. de 1973, ch. M -22, par. 190.01(3)) Parcel Identifier: 364182 Numiro d'identification de la parcelle : 364182 Address: 242 Watson Street, Saint John, New Adresse : 242, rue Watson, Saint John, Nouveau - Brunswick Brunswick Owner(s) or Occupier(s): Name: John Law Corporation Address: 89 Canterbury Street, Saint John, New Brunswick, E2L 2C7 Municipality issuing notice: The City of Saint John By -Iaw contravened: Saint John Unsightly Premises and Dangerous Buildings By -Law, By -law Number M- 30 and amendments thereto. Provision(s) contravened: ,Subsection 190.01(2) of the Municipalities Act, and amendments thereto. Description of condition(s): The building has become a hazard to the safety of the public by reason of dilapidation. The conditions of the building and premise are described in Schedule "A ", a true copy of the inspection report dated December 3, 2009 prepared by Pamela Bentley, P.Eng., By -law Enforcement Officer and reviewed by Amy Poffenroth., P.Eng., By -law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premise into compliance with the aforesaid By -law. In the event that the owners do not remedy the condition of the building in the time prescribed by this Notice, the building will be demolished as the corrective action to address the hazard to the safety of the public. Date by which the remedy or remedies must occur: i Within 60 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may, within 14 days after having been served with this Notice To Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall e Floor, 15 Market Square, Saint John, New Brunswick, E21, 4L1. 218 Proprietaire(s) ou occupant(s) : Nom : John Law Corporation Adresse : 89, rue Canterbury, Saint John, Nouveau - Brunswick, E21, 2C7 Municipality signifiant Pavis : The City of Saint John Arrete enfreint : Arrete concernant les bdtiments inestheiiques ou dangereux de The City of Saint John, Arretd num6ro M -30, ainsi que les modifications aff6rentes. Disposition(s) enfreinte(s) : Le paragraphe 190.01(2) de la Loi sur les municipalites, ainsi que les modifications aff6rentes. Description de la (des) condition(s) : Le batiment est devenu dangereux pour la s6curit6 du public du fait de delabrement. Les conditions du batiment et des lieux sont decrites a 1'annexe « A)>, une copie conforme du rapport d'inspection en date du 3 d6cembre 2009 et prepar6 par Pamela Bentley, ing., une agente charge de 1'execution des arretds municipaux et r6vise par Amy Poffenroth, ing., une agente charge de 1'exdcution des arretes municipaux. Mesure(s) i prendre : Le proprietaire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionnd et d'amener le batiment et les lieux en conformitds avec 1'arrete. Dans 1'6ventualite que les proprietaires ne rem6dient pas le batiment dans le temps prescrit par le pr6sent avis, le batiment sera demoli comme mesure corrective compte tenu qu'il' represente un danger pour la s6curite du public. Date a laquelle la on les mesures doivent titre prisesi : Pans les 60 jours qui suivent la signification de Favis de 'conformite. Date i laquelle un appel de Pavis peut titre depose: Dans les 14 jours qui suivent la notification de Pavis de conforrnitd. Processus d'appel : Le proprietaire peut daps Ies 14 jours qui suivent la notification de 1'avis de conformitd, envoyd un avis d'appel par courrier recommande a la greffiere communale de la municipalitd, a The City of Saint John, Edifice de 1'hotel de ville, 8' etaae, 15 Market Square, Saint John, Nouveau - Brunswick, EM 4L1. Potential penalty for non - compliance within specified time:z Subsections 190.01(2.1) and 190.03(1) of the Municipalities Act, supra, state that a person who violates or fails to comply with Subsection 190.01(2) and fails to comply with the terms of the Notice to Comply given under section 190.011 of the said Act, commits an offence that is punishable under Part 11 of the Provincial Offences Procedure Act as a category F offence. Where an offence continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. MunicipaIity's authority to undertake repairs or remedy:3 Subsection 190.04(1)(b) of the Municipalities Act, supra, states that if a Notice to Comply has been given under section 190.011 of the said Act and the owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the building or structure of that owner or occupier to be demolished and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. Dated at Saint John the .L day of December, 2009 Municipality: The City of Saint John Signature of Municipal Officer: L& Municipal Officer's Contact information: Name: Pamela Bentley, P. Eng. Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10th Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658 -2911 219 Penalite possible pour non - conformite dans le delai prescritz : Les paragraphes 190.01(2.1) et 190.03(1) de la Loi sur les municipalites, supra, prevoient quiconque omet de se conformer au paragraphe 190.01.(2) et omet de se conformer aux exigences formulees dams un avis de conformite signifi6 aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punishable en vertu de la Partie 11 de is Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction se poursuit plus d'une journee, Pamende minimale qui peut titre imposee est Pamende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels Pinfraction se poursuit et, Pamende maximale qui peat titre imposee est 1'amende maximale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels Pinfraction se poursuit. Pouvoir de la municipalite d'entreprendre les reparations on de preadre les mesures3 : Conform6ment au paragraphe 190.04(1)(b) de la Loi sur les municipalites, supra, si un avis de conformite a ete signifid aux termes de Particle 190.011 de ladite loi et que le propridtaire ou Poccupant ne se conforme pas a cet avis de conformite dans le delai imparti et tel qu'il est repute confirme ou tel qu'il est confume ou modifi6 par un comite du eonseil ou par un juge en vertu de Iarticle 190.021 de ladite loi, la municipalite peut faire demolir le batiment ou Ia construction de ce propri6taire ou de cet occupant et les frais relatifs a 1'ex6cution de ces travaux, y compris toute redevance on tout droit afferent, sont a la charge du propri6taire ou do Foccupant et deviennent une cr&ance de la mumcipalite. Fait a Saint John le decembre 2009. Municipality: The City of Saint John Signature du representant municipal: Coordounees du representant municipal: Nom : Pamela Bentley, ing Adresse postale : D6partement aux services d'inspection et des batiments The City of Saint John 15 Market Square Edifice de I'h6tel de ville,10' etage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L 1 Teiephone : (506) 658 -2911 Telecopier: (506) 632 -6199 Email: pamela.bentley @saintjohn.ca Seal of municipality Notes: 1. All appropriate permits must be. obtained and a I relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and maybe added to the joint municipal and provincial Real Property Assessment and Tax Notice. 220 T61ecopieur : (506) 632 -6199 Coutriel. parnela.bentley @saintjohn.ca Sceau de la municipality Notes : 1. Tous les permis prescrits doivent etre obtenus et toute [a legislation pertinente doit etre respect&, pendant 1'execution de la mesure de recours. 2. Le. paiement de I'amende n'annule pas l'obligation de respecter 1'arrete, la norme ou 1'avis de conformite. 3. Les couts deviennent une dette envers la municipalite et peuvent etre ajoutes A 1'avis d'6valuation et d'imp6t foncier municipal et provincial. INSPECTION REPORT Schedule "A" 242 Watson Street Saint John, New Brunswick PID# 364182 Inspection Date: October 5, 2009 and December 3, 2009 Inspectors: Pamela Bentley, P. Eng. General Description of Conditions and Importance: I hereby certiN- that tni� docu.,rena is a tree -, ctpy of ttx: origixal. Dated at Saint oh-ci this_c,y of Standards Officer The building on the property is a two storey wood frame structure. The main front door and ground level windows are secured from entry with plywood panels fixed to the openings. The three front upper storey windows are not boarded up and two of these windows are broken and glass is hanging in the window frames. This condition poses a safety hazard to the public passing by on the sidewalk directly below. The windows on the left side of the building at ground level have not been boarded up to prevent entry and one of the windows at the top level is open and allowing the elements to penetrate the building. This is contributing to the deterioration of the structure. On the right side of the building, the doors and windows at the ground level have been covered over with plywood to prevent entry into the building. At the second storey level, the windows are not covered with plywood, however, the glass in the frames is unbroken and the windows are closed. On the right side, at the rear, the exterior door at the second storey is wide open. There are no stairs leading to this door, however, the open door is allowing the elements to penetrate the building and this is contributing to deterioration of the structure. Additionally, the comer trim board is missing and the underlying sheathing is exposed and shows signs of deterioration and rot. An area of the sheathing is missing, thereby exposing a portion of the building's frame at the right rear corner. At the rear of the building, most of the openings have been covered with plywood panels. One window at the upper storey is partially unsecured. At the rear of the building, the yard contains junk and debris, including discarded mattresses, and other household and construction items. In 2007, the perimeter of the building, at the foundation level on the right and front sides was excavated. A building permit was obtained to do this work and according to the permit, the work was required to address the necessary structural repairs as stipulated in a report from Johnson Engineered Solutions Limited. This report was submitted with the building permit application. Although the repair work was started, it was left incomplete and no work has taken place since late 2007. The excavation at the foundation level of the structure has left openings along the right side and at present, the two storey structure is being supported on temporary members. These openings are large enough to allow a person to crawl under the structure. The temporary supports provide an unsuitable long -term foundation system and in its current state, the building is not structurally sound. The aforementioned report from Johnson Engineered Solutions Limited states that the building has settled significantly over its life and the floors are severely sloped. The sloping floors were also noted in a January 2006 inspection report prepared by a member of the Buildings and Inspection Services Department of the City of Saint John. The power has been removed to the building and most of the ground floor windows and doors are covered with plywood. The severely sloping floors combined with the lack of artificial and/or natural lighting conditions may pose a safety hazard to any person entering the building_ This could include members of the Fire Department, police Force, other emergency personnel or persons trespassing in the building. 1 221 Site Location of Building and Importance: The building has immediate street frontage on Watson Street and is within approximately 5 -8 meters of the neighbouring building to the left and right. Persons passing by the front of the structure are in danger of the broken glass that may fall from the upper storey windows. It should be noted that the Saint John Police Force and the Saint John Fire Department have been made aware of youths accessing the building by crawling under the structure. Required Remedial Actions: The owner must comply with one of the two options stated below. Option 1: Remedy the condition of the building and premise through repairs and remedial actions as listed below: 1. The broken panes of glass in the windows of the building must be replaced and/or repaired so as not to be a hazard to the safety of the public by reason of dilapidation. Alternately, the window openings may be secured from the exterior with appropriate types of construction material and fasteners such that they are not easily removed or pried off. The construction material is to be treated with paint, stain or other appropriate means so as to prevent deterioration. The exterior of the structure is to be made in compliance with the Saint John Minimum Property Standards By -law and Saint John Unsightly Premises and Dangerous Buildings By -law. 2. The unsecured doors and other points of entry must be made secure to prevent entry into the building. These points of entry must be repaired or replaced, which ever is applicable, or made secure by covering .with the appropriate types of construction materials and secured with fasteners so as not to be easily removed or pried off. The construction material is to be treated with paint, stain or other appropriate means so as to prevent deterioration. The exterior of the structure is to be made in compliance with the Saint John Minimum Property Standards By- law and Saint John Unsightly Premises and Dangerous Buildings By-law. 3. The required repair work to make the building structurally sound must be completed. The required work is indicated in the report from Johnson Engineered Solutions Limited that was sent to the property owner on April 19, 2007, and was submitted with the building permit application in 2007. 4. The construction debris, household debris and junk on the premise are to be removed and properly disposed of in an appropriate manner so that the premise is not a hazard to the safety of the public by reason of dilapidation. The premise must be made free from conditions that may pose a tripping or safety hazard to persons passing by in proximity of the building. The premise must be made to be in compliance with the Saint John Unsightly Premises and Dangerous Buildings By -law. Any loose clapboard, shingles and other unsecured materials on the building are to be secured, repaired or removed so that the building's exterior is not a hazard to the safety of the public by reason of dilapidation. The exterior of the structure must be made to be in compliance with the Saint John Minimum Property Standards By -law and Saint John Unsightly Premises and Dangerous Buildings By -law. Option 2: Demolition of the building and clean up of all debris as listed in actions below: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength. A demolition permit must be obtained to be in compliance with the Saint John Building By -law. The premise must be cleared of the construction debris from the demolition and 2 222 the lot must be made level. The property must be in compliance with the Saint John Unsightly Premises and Dangerous Buildings By -law. Prepared by: -&VI .Pa'M'e'& Pamela Bentley, P. Eng. Reviewed by: 3 223 Z Date ��gr Zoe) 7 Date CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN AFFIDAVIT OF SERVICE of the City of Saint John in the County of Saint John and Province of New Brunswick MAKE OATH AND SAY AS FOLLOWS: 1. On the'i day / of 2009 I served , �th the following documents: a Notice to Comply, attached hereto as Exhibit "A"; • a Notice of Appeal, attached hereto as Exhibit "B' ; 0 and an accompanying letter attached hereto as Exhibit "C ", by leaving a copy w hi /her at C z >✓�� , New B nswick. 2. I was able to identify the person served by means of the fact tha6 / she acknowleedd ed torn he she was Sworn To before me at the City of Saint John, N.B., e � day of �� on r ,� X10 PAMELA M.H. Bt COMMISSIONER OF OATS, MY COMMISSION EXPIREa D CEMBER 316, 2013 December 21, 2009 11dings and Inspection Services / Servi. )d'inspection et des batiments Phone/ T61: (506) 658 -2911 Fax / Telec: (506) 632 -6199 VIA PROCESS SERVER Case Number: 09 -177 John Law Corporation 89 Canterbury Street Saint John, NB E2L 2C7 Dear Sir: This is Exhibit mc-, t t Re rre to in t e davit Of Sworn bef re me at the City of Sainti4phn, New Brunswick f� y of Commissioner of Oaths � Lp 'BENTLEY COMMISSjot4ER OF OAT-9 V RE -R310, 203 RE: Property located at 242 Watson Street, Saint John, NB, PID# 364182 Dangerous and Dilapidated Building Condition Inspections conducted at the above -noted address on October 5, 2009 and December 3, 2009 concluded the following: The building has become a hazard to the safety of the public by reason of dilapidation. The condition of the building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings By -law. A Notice to Comply has been issued and is enclosed with this letter. The required remedies are stated in the Notice to Comply and accompanying inspection report, Action must be taken to remedy the condition within 60 days of being served the Notice to Comply. As owner of the property, you have the right to an Appeal Hearing. To apply, you must complete the accompanying Notice of Appeal form and send it via registered mail to the Common Clerk of The City of Saint John within 14 days of receiving the Notice to Comply. Be advised that if a Notice to Comply is not adhered to within the.specified time frame, the municipality has the authority to lay an information in Provincial Court, or it may cause the building to be demolished and the property cleared of debris, or it may carry out both actions. The cost of carrying out such work, including any related charge or fee, is chargeable to the owner and becomes a debt due to the municipality. l SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 Be advised that for any remedial or demolition work,. the appropriate permits are required. These can be obtained from the Buildings and Inspection Services Department, . 10` Floor, City Hall, 15 Market Square, Saint John. Please contact me if you have any questions. Thanking you in advance for your cooperation, Pamela Bentley, P. Eng. Technical Services Engineer Enclosures FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B. 1973, c.M -22, s.190.01(3)) Parcel Identifier: 364182 FORMULE 1 AVIS DE CONFORMITE (Loi sur les municipalites, L.R.N. -B. de 1973, ch. M -22, par. 190.01(3)) Numero d'identification de la parcelle : 364182 Address: 242 Watson Street, Saint John, New Adresse : 242, rue Watson, Saint John, Nouveau- Brunswick Owner(s) or Occupier(s): Name: John Law Corporation Address: 89 Canterbury Street, Saint John, New Brunswick, E2L 2C7 Municipality issuing notice: The City of Saint John By -law contravened: Saint John Unsightly Premises and Dangerous Buildings By -Law, By -law Number M- 30 and amendments thereto. Brunswick Proprietaire(s) ou occupant(s) : Nom : John Law Corporation Adresse : 89, rue Canterbury, Saint John, Nouveau - Brunswick, E2L 2C7 Municipality signifiant 1'avis : The City of Saint John Arrete enfreint . Arrete concernant les bdtiments inesthetiques ou dangereux de The City of Saint John, Arrete num6ro M -30, ainsi que les modifications afferentes. Provision(s) contravened: Subsection 190.01(2) of the Disposition(s) enfreinte(s) : Le paragraphs 190.01(2) Municipalities Act, and amendments thereto. de la Loi sur les municipalites, ainsi que les modifications aff6rentes. Description of condition(s): The building has become a hazard to the safety of the public by reason of dilapidation. The conditions of the building and premise are described in Schedule "A ", a true copy of the inspection report dated December 3, 2009 prepared by Pamela Bentley, P.Eng., By -law Enforcement Officer and reviewed by Amy Poffenroth., P.Eng., By -law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premise into compliance with the aforesaid By -law. In the event that the owners do not remedy the condition of the building in the time prescribed by this Notice, the building will be demolished as the corrective action to address the hazard to the safety of the public. Date by which the remedy or remedies must occur: i Within 60 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may, within 14 days after having been served with this Notice To Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8'r' Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. 227 Description de la (des) condition(s) : Le batiment est devenu dangereux pour la s6curite du public du fait de d6labrement. Les conditions du batiment et des lieux sont d6crites a Pannexe << A)>, une copie conforme du rapport d'inspection en date du 3 d6cembre 2009 et pr&par6 par Pamela Bentley, ing., une agente charg6 de 1'ex6cution des arretes municipaux et rdvis6 par Amy Poffenroth, ing., une agente charge de 1'ex6cution des arretes municipaux. Mesure(s) i prendre : Le proprietaire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionn6 et d'amener le batiment et les lieux en conformites avec 1'arret6. Dans 1'eventualit6 que les propri.6taires ne rem6dient pas le batiment dans le temps prescrit par le present avis, le batiment sera d6moli comme mesure corrective. compte tenu qu'il repr6sente un danger pour la securit6 du public. - Date i laquelle Ia ou les m6ures doivent titre prises : Dans les-60 jours qui suivent la signification de Pavis de conformite. Date a laquelle un appel de Pavis peut titre depose: Dans les 14 jours qui suivent la notification de 1'avis de conformite. Processus d'appel : Le proprietaire peut dans les 14 jours qui suivent la notification de 1'avis de conformit6, envoy6 un avis d'appel par cournrier recommand6 a la grefftere communale de la municipalite, a The City of Saint Johan, Edifice de 1'h6tel de ville, 8e 6tage, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 4LL 0o %SZm Z. W py 228 JU lfi r-L X �a CD D z Potential penalty for non - compliance within specified time:2 Subsections 190.01(2.1) and 190.03(1) of the Municipalities Act, supra, state that a person who violates or fails to comply with Subsection 190:01(2) and fails to comply with the terms of the Notice to Comply given under section 190.011 of the said Act, commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category F offence. Where an offence continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. Municipality's authority to undertake repairs or remedy:3 Subsection 190.04(l)(b) of the Municipalities Act, supra, states that if a Notice to Comply has been given under section 190.011 of the said Act and the owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the building or structure of that owner or occupier to be demolished and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. Dated at Saint John the — day of December, 2009 Municipality: The City of Saint John Signa e of Muni ipal Officer: Municipal Officer's Contact information: Name: Pamela Bentley, P. Eng. Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, I Oh Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658 -2911 229 PenalW possible pour non - conformite dans le delai prescrit2 : Les paragraphes 190.01(2.1) et 190.03(1) de la Loi sur les municipalites, supra, prevoient quiconque omet de se conformer au paragraphe 190.01(2) et omet de se conformer aux exigences formulees dans un avis de conformite signifie aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punissable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. Lorsqu'une infraction se poursuit plus d'une journee, I'amende minimale qui peut titre imposee est Pamende minimale pr6vue par la Lai sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels l'infraction se poursuit et, 1'amende maximale qui peut etre imposee est 1' amende maximale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels Pinfraction se poursuit. Pouvoir de Ia municipalite d'entreprendre les reparations ou de prendre les mesures3 . Conformement au paragraphe 190.04(1)(b) de la Lai sur les municipalites, supra, si un avis de conformite a ete signif.6 aux termes de Particle 190.011 de ladite loi et que le proprietaire ou Poccupant ne se conforme pas a cet avis de conformite dans le delai imparti et tel qu'il est repute confirme ou. tel qu'il est confirme ou modifie par un comite du Conseil ou par un juge en vertu de Particle 190.021 de ladite loi, la muni.cipalite peut faire demolir le batiment ou la construction de ce proprietaire ou de cet occupant et les frais relatifs a 1'execution de ces travaux, y compris toute redevance ou tout droit afferent, sont a la charge du proprietaire ou de Foccupant et deviennent une creance de la municipalite. Fait a Saint John le _ decembre 2009. Municipalite : The City of Saint John Signature du representant municipal: Coordonnees du representant municipal: Nom : Pamela Bentley, ing Adresse postale : Departement aux services d'inspection et des batiments The City of Saint John 15 Market Square Edifice de l'h6tel de ville,10' etage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4LI Telephone. (506) 658 -2911 Telecopier: (506) 632-6199 Email: pamela.bentley @saintj ohn.ca Seal of municipality 1. All appropriate permits must be obtained aril all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. 230 T616copieur : (506) 632 -6199 Couniel: pamela.bentley @saintjohn.ca Sceau de la municipality Notes I. Tous les permis prescrits doivent titre obtenus et toute la legislation pertincnte doit titre respectee, pendant I'execution de la mesure de recours. 2. Le paiement de 1'amende n'annule pas Pobligation de respecter Parretti, la norme ou 1'avis de conformit6. 3. Les touts deviennent une dene envers la municipalit6 et peuvent titre ajoutcs a Pavis d'6valuation et d'imp6t fancier municipal et provincial. INSPECTION REPORT Schedule "A" 242 Watson Street Saint John, New Brunswick PID# 364182 Inspection Date: October 5, 2009 and December 3, 2009 Inspectors: Pamela Bentley, P. Eng. General Description of Conditions and Importance: I hereby certi(N tat fait doctam e-r! i• a truz- c tlsy of thc: c�ril;i:�ul. Da!ed at S ?lii`„ :Ch-a this 3 - Lay of —... w,.,...�.. Standards Offi cer The building on the property is a two storey wood frame structure. The main front door and ground level windows are secured from entry with plywood panels fixed to the openings. The three front upper storey windows are not boarded up and two of these windows are broken and glass is hanging in the window frames. This condition poses a safety hazard to the public passing by on the sidewalk directly below. The windows on the left side of the building at ground level have not been boarded up to prevent entry and one of the windows at the top level is open and allowing the elements to penetrate the building. This is contributing to the deterioration of the structure. On the right side of the building, the doors and windows at the ground level have been covered over with plywood to prevent entry into the building. At the second storey level, the windows are not covered with plywood, however, the glass in the frames is unbroken and the windows are closed. On the right side, at the rear, the exterior door at the second storey is wide open. There are no stairs leading to this door, however, the open door is allowing the elements to penetrate the building and this is contributing to deterioration of the structure. Additionally, the corner trim board is missing and the underlying sheathing is exposed and shows signs of deterioration and rot. An area of the sheathing is missing, thereby exposing a portion of the building's frame at the right rear comer. At the rear of the building, most of the openings have been covered with plywood panels. One window at the upper storey is partially unsecured. At the rear of the building, the yard contains junk and debris, including discarded mattresses, and other household and construction items. In 2007, the perimeter of the building, at the foundation level on the right and front sides was excavated. A building permit was obtained to do this work and according to the permit, the work was required to address the necessary structural repairs as stipulated in a report from Johnson Engineered Solutions Limited. This report was submitted with the building permit application. Although the repair work was started, it was left incomplete and no work has taken place since late 2007. The excavation at the foundation level of the structure has left openings along the right side and at present, the two storey structure is being supported on temporary members. These openings are large enough to allow a person to crawl under the structure. The temporary supports provide an unsuitable long -term foundation system and in its current state, the building is not structurally sound. The aforementioned report from Johnson Engineered Solutions Limited states that the building has settled significantly over its life and the floors are severely sloped. The sloping floors were also noted in a January 2006 inspection report prepared by a member of the Buildings and Inspection Services Department of the City of Saint John. The power has been removed to the building and most of the ground floor windows and doors are covered with plywood. The severely sloping floors combined with the lack of artificial and/or natural lighting conditions may pose a safety hazard to any person entering the building. This could include members of the Fire Department, Police Force, other emergency personnel or persons trespassing in the building. I 231 Site Location of Building and Importance: The building has immediate street frontage on Watson Street and is within approximately 5 -8 meters of the neighbouring building to the left and right. Persons passing by the front of the structure are in danger of the broken glass that may fall from the upper storey windows. It should be noted that the Saint John Police Force and the Saint John Fire Department have been made aware of youths accessing the building by crawling under the structure. Required Remedial Actions: The owner must comply with one of the two options stated below. Option 1: Remedy the condition of the building and premise through repairs and remedial actions as listed below: The broken panes of glass in the windows of the building must be replaced and/or repaired so as not to be a hazard to the safety of the public by reason of dilapidation. Alternately, the window openings may be secured from the exterior with appropriate types of construction material and fasteners such that they are not easily removed or pried off. The construction material is to be treated with paint, stain or other appropriate means so as to prevent deterioration. The exterior of the structure is to be made in compliance with the Saint John Minimum Property Standards By -law and Saint John Unsightly Premises and Dangerous Buildings By -law. 2. The unsecured doors and other points of entry must be made secure to prevent entry into the building. These points of entry must be repaired or replaced, which ever is applicable, or made secure by covering with the appropriate types of construction materials and secured with fasteners so as not to be easily removed or pried off. The construction material is to be treated with paint, stain or other appropriate means so as to prevent deterioration. The exterior of the structure is to be made in compliance with the Saint John Minimum Property Standards By-- law and Saint John Unsightly Premises and Dangerous Buildings By -law. 3. The required repair work to make the building structurally sound must be completed. The required work is indicated in the report from Johnson Engineered Solutions Limited that was sent to the property owner on April 19, 2007, and was submitted with the building permit application in 2007. 4. The construction debris, household debris and junk on the premise are to be removed and properly disposed of in an appropriate manner so that the premise is not a hazard to the safety of the public by reason of dilapidation. The premise must be made free from conditions that may pose a tripping or safety hazard to persons passing by in proximity of the building. The premise must be made to be in compliance with the Saint John Unsightly Premises and Dangerous Buildings By -law. 5. Any loose clapboard, shingles and other unsecured materials on the building are to be secured, repaired or removed so that the building's exterior is not a hazard to the safety of the public by reason of dilapidation. The exterior of the structure must be made to be in compliance with the Saint John Minimum Property Standards By -law and Saint John Unsightly Premises and Dangerous Buildings By -law. Option 2: Demolition of the building and clean up of all debris as listed in actions below: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength. A demolition permit must be obtained to be in compliance with the Saint John Building By -law. The premise must be cleared of the construction debris from the demolition and 2 232 NOTICE OF APPEAL FORM 1 (Municipalities Act, R.S.N.B. 1973, c. M -22, s.190.021(1)) File No.: BETWEEN: Appellant(s), - and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Telephone: .I--, AVIS D'APPEL FORMULE 1 (Loi sur les municipalites, L.R.N. -B. de 1973, ch. M -22, par. 190.021(l)) N° du dossier : This is Exhibit '-'B W Jyy �{ /too in tJh�e A idavii of ` +I Vl.[c vV , Sworn bef re me at the Cify of ENTRE : Saint J hn, New -BPnswick t ay of SIG Commissioner of Oaths PWEIA M.H. BENTLEY COMMISSIONER OF OATHS My COMMISSION EXPIpC -6 DECEMBER 319T, 2013 Appelant(s), -et- THE CITY OF SAINT JOHN, Intimee. Numero d'identification de la parcelle : # NID Adresse de la parcelle : 233 Proprietaire(s) ou occupant(s) : Nom : Adresse : Telephone: Nom: Adresse : Telephone: -2- The above named appellant(s) is (are) not satisfied with the terms and conditions set out in the notice that has been given under section 190.011 of the Municipalities Act and appeals to the Saint John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at 2009. _I.W;a L'appelant(s) susnomm6(s) n'accepte(nt) pas les modalites ou les conditions qui y sont 6nonc6s dans Favis qui a ete notifi6 aux termes de Particle 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de Pappelant(s) dans le pr6sent appel sont les suivants (enoncer les motifs de faj�on claire et concise) : the day of Fait a Signature of owner or occupier The appellant(s) intends to proceed in the English ❑ or French ❑ language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to. the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8th Floor P. O. Box 1971 Saint John, New Brunswick E21, 4L1 Telephone: 506-658-2862 Telecopier: 506 -674 -4214 Notes: 1. A notice that is not appealed within fourteen (14) days after having been given the notice shall be deemed to be confirmed. 234 le 2009. Signature du proprietaire ou Foccupant L'appelant(s) a (ont) Pintention d'utiliser la langue franraise ❑ ou anglaise ❑ ( Veuillez cocher la case appropriee). Yeuillez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de Vavis a Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de Ph6tel de ville, 8e dtage Case postale 1971 Saint John (Nouveau- Brunswick) F2L 4L1 Telephone: 506-658-2862 Telecopieur: 506 -674 -4214 Notes : 1. Un avis dont it n'est pas interjet6 appel daps les quatorze (14) fours qui suivent la notification de 1'avis est reputde confirmd. -3- 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall held a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to. a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. 2. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John doit tenir, sur le point en litige, une audience au cours de laquelle le(s) proprietaire(s) ou 1'occupant(s) qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint .John pout confirmer, modifier ou annuler l'avis ou proroger le deiai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit foumir une copie de sa decision au(x) proprietaire(s) ou a l'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) interjete appel dans les quatorze (14) jours suivant 1a date a laquelle it a rendu sa decision. 5, Le(s) proprietaire(s) ou 1'occupant(s) a qui une copie d'une decision a ete fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorze (14) jours qui suivent, interjetcr appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau - Brunswick au motif quo (a) la demarche a suivre on vertu de la Loi sur les municipalites n'a pas ete suivie, ou (b) la decision est manifestement deraisonnable. 235 INSPECTION REPORT 242 -244 Watson Street PID # 364182 Inspection Date: January 5, 2006 Inspector: Mark ,Slader Exterior 1. The building is leaning, indicating possible structural problems. The cause must be found and rectified and thereafter every part of the building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. Section 4 R.P.M.O.C. 2. There are a number of windows on the building with broken glass. The glass must be replaced and the windows maintained so as to prevent the entrance of wind and precipitation into the dwelling. Section 13 R.P.M.O.C. 3. There is no handrail on the front stairs. One must be provided on at least one side to provide reasonable protection against accident or injury. Section 14 R.P.M.O.C. 4. The eavestrough is deteriorated and bent. It must be repaired or replaced and thereafter be maintained so as to prevent leakage into the dwelling. Section 12 R.P.M.O.C. 5. The fascia board at the front right corner appears to be deteriorating. It must be scraped, painted or replaced as necessary and thereafter be maintained so as to prevent their further deterioration due to weather. Section 11 R.P.M.O.C. 6. The soffit on the left side is peeling. It must be scraped and painted and thereafter be maintained so as to prevent its further deterioration due to weather. Section 11 R.P.M.O.C. 7. The siding at the base of the rear wall is rotted and missing. It must be scraped and painted and thereafter be maintained so as to prevent its further deterioration due to weather. Section 11 R.P.M.O.C. S. A number of shingles on the rear wall are not painted. They must be scraped and painted and thereafter be maintained so as to prevent their further deterioration due to weather. Section 11 R.P.M.O.C. 236 2 l 9. A window frame on the rear wall appears to be deteriorated. It must be scraped and painted and thereafter be maintained so as to prevent its further deterioration due to weather. Section 13 R.P.M.O.C, 10. The deck on the right side is not structurally sound, A beam and posts must be installed and thereafter every part of a dwelling shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. Section 9 R.P.M.O.C. 11. The stairs on the right side contain rotted wood and have improper guards. Any affected material must be replaced, the guards must be replaced, and the stairs must be painted at least every three years to prevent further deterioration due to weather. Section 18(8) M.P.S.B, and Section 14 R.P.M.O.C. 12. A number of singles on the right side are not painted. They must be scraped and painted and thereafter be maintained so as to prevent their further deterioration due to weather. Section I I R.P.M.O.C. 13, Siding at the base of the right side wall is rotted. It must be scraped and painted and thereafter be maintained so as to prevent its further deterioration due to weather. Section 11 R.P.M.O.C. 14. The ground floor door sill on the right side is rotted. Any affected material must be repaired or replaced and the door maintained so as to prevent the entrance of wind and precipitation into the dwelling. Section 13 R.P.M.O.C. 15. The ground floor door for 244 Watson Street is deteriorated. It must be replaced or repaired using .suitable means and thereafter the door must be maintained so as to prevent the entrance of wind and precipitation into the dwelling. Section 13 R.P.M.O.C. 16. There are no garbage cans or an exterior enclosure for them. Sufficient garbage receptacles and an enclosure large enough to hold one week's garbage are to be provided. Section 17 M.P.S.B. Interior 242 Watson Street 17, The floors in this unit are sloping, indicating possible structural problems. The cause must be found and rectified and thereafter every part of the building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. Section 9 R.P.M.O.C. �kg d! o 'j 237 18. There are no smoke detectors in this unit. Properly working smoke detectors are to be provided and maintained in every dwelling unit. They are to be located on or near the ceiling between the bedrooms and the remainder of the dwelling unit. Section 22 M.P.S.B. 19. The wood panelling in this unit does not appear to meet the required surface flame spread rating of 150. It, therefore, must be considered to be a safety hazard and must be either removed, treated with a flame retardant compound or, covered with a properly rated material. Section 9.10.16.1. N.B.C.C. 20. There is a hole in the vestibule wall. Every interior wall and ceiling in a dwelling shall be maintained so as to be free of holes or cracks. The hole must be filled and the wall refinished so as to be reasonably smooth, clean, tight and easily cleaned. Section 17 R.P.M.O.C. 21. The flooring in the vestibule is torn. Every floor in a dwelling shall be maintained by repairing, replacing or removing any floor covering that has become unduly worn or torn so that it retains dirt or presents a tripping hazard. The affected flooring must be removed, repaired or replaced. Section 18 R.P.M.O.C. 22. The wall at the front entrance door is not properly finished. The surface of walls and ceilings shall be finished so as to be reasonably smooth, clean, tight and easily cleaned. The wall must be sanded and painted as necessary. Section 17 R.P,M.O.C, 23. The bedroom windows in this unit are nailed or screwed shut. Every bedroom must have a window which conforms to the National Building Code of Canada. The window must have an unobstructed opening of a minimum of 543 square inches with no dimension less than 15 inches. The window must be capable of being opened without the use of any tools or special knowledge. Section 9.7.1.3.(2) MB.C.C. 24. The window in the front bedroom has a cracked pane of glass. The glass must be replaced and the window maintained so as to prevent the entrance of wind and precipitation into the dwelling. Section 13 R.P.M.O.C. 25. The windows in the living room are drafty. The drafts must be stopped using suitable means and the windows maintained so as to prevent the entrance of wind and precipitation into the dwelling. Section 13 R.P.M.O.C. 26. The living room ceiling light is hanging. It must be secured and thereafter all electrical equipment located or used in a dwelling shall be maintained in good working order so as not to cause a fire or electrical shock hazard. Section 26 R.P.M.0.C. SCHEDULE 238 4 27, The walls in the rear bedroom have been patched and are not properly finished. The surface of walls and ceilings shall be finished so as to be reasonably smooth, clean, tight and easily cleaned. The wall/ceiling must be sanded and painted as necessary. Section 17 RP.M.O.C. 28. The dining room window has a cracked pane of glass. The glass must be replaced and the window maintained so as to prevent the entrance of wind and precipitation into the dwelling. Section 13 RRM.O.C. 29. The plaster on the ceiling in the storage room adjacent to the dining room is falling. Every interior wall and ceiling in a dwelling shall be maintained so as to be free of any condition which might cause injury. The ceiling must be examined, repaired as necessary and maintained so as not to present an accident hazard and so that it is easily cleaned. Section 17 R.P.M.O.C. 30. The kitchen window is missing a pane of glass. The glass must be replaced and the window maintained so as to prevent the entrance of wind and precipitation into the dwelling. Section 13 R.P.M.O.C. 31. The baseboard heater in the kitchen does not have a cover. The cover must be replaced and thereafter the heating system shall be maintained in good working condition so as to be capable of heating the dwelling safely to the required standard. Section 25 R.P.M.O.C, 32. The kitchen ceiling tile is deteriorated and falling. Every interior wall and ceiling in a dwelling shall be maintained so as to be free of any condition which might cause injury. The ceiling must be examined, repaired as necessary and maintained so as not to present an accident hazard and so that it is easily cleaned.. Section 17 R.P.M.O.C. 33, There is a plywood patch on the kitchen ceiling. It must be replaced to maintain a 45 minute fire separation. 9.10.9.14.(1) N.B.C.C. 34. The kitchen sink taps are missing or deteriorated. They must be replaced and repaired and thereafter every dwelling that contains plumbing shall have sink taps supplied and maintained in proper working order, accessible to and available for use by the dwelling occupants, Section 23 R.P.M.O.C. 35. The bathroom has no source of ventilation. Every bathroom and toilet room shall have adequate ventilation. Either a window which is easily opened, or a mechanical ventilating system is to be installed. Section 30 R.P.M.O.C. 36. There is a hole in the bathroom ceiling, It must be replaced to maintain a 45 minute fire separation. 9.10.9.14.(1) N.B.C,C, C' 239 " S ' 37. The bathroom ceiling and walls have been patched and are not properly finished. The surface of walls and ceilings shall be finished so as to be reasonably smooth, clean, tight and easily cleaned. The walls and ceiling must be sandcd and painted as necessary. Section 17 R.P.M.O.C. 39. The bathtub is not draining properly. The tub drain must be repaired and thereafter every dwelling that contains plumbing shall have fixtures supplied with hot and cold running water, connected to the sewer system, maintained in proper working order, and accessible to and available for use by the dwelling occupants. Section 23 R.P.M.O,C, 39. The baseboard heater in the bathroom does not have a cover. The cover must be replaced and thereafter the heating system shall be maintained in good working condition so as to be capable of heating the dwelling safely to the required standard. Section 25 RRM.O.C. 40. The dryer located in the bathroom is not properly vented, It must be properly vented and thereafter all electrical equipment and appliances located or used in a dwelling shall be installed and maintained in good working order so as not to cause afire or electrical shock hazard. Section 26 R.P.M.O.C. 41. There is a fuel fired furnace in the rear exit. Fuel -fired appliances other than fireplaces shall be located in a service room separated from the remainder of the building by a fire separation having not less than a 1 hour fire - resistance rating. Section 9.10.10.4. N.B.C.C. 42. The rear exit is obstructed by the furnace, ladder and other items, The obstructions are to be removed and the exit maintained so as to provide a safe, continuous and unobstructed exit path from the interior of the dwelling to the exterior at grade level. Section 28 R.P.M.O.C. 43. There is a hole in the floor of the rear exit. Every floor in a dwelling shall be maintained so as to be free of loose, warped, protruding, broken or rotted boards. The hole is to be repaired and the floor maintained so as to be free of any condition that might cause an accident. Section 18 R.P.M.O.C. 44. There are exposed electrical wires in the rear exit. All electrical wiring located or used in a dwelling shall be installed and maintained so as not to present a fire or electrical shock hazard. The wires must be protected from mechanical damage using means acceptable under the Electrical Installation and Inspection Act. Section 26 R.P.M.O.C. 45. There is exposed electrical wire by the washer between the kitchen and rear exit. All electrical wiring located or used in a dwelling shall be installed and maintained so as not to present a fire or electrical shock hazard. The wires must 240 I be protected from mechanical damage using means acceptable under the Electrical Installation and Inspection Act. Section 26 R.P.M.O.C. 46. The electrical receptacle by the washer is missing a cover plate. It must be replaced and thereafter all electrical equipment located or used in a dwelling shall be maintained in good working order so as not to cause a fire or electrical shock hazard. Section 26 R.P.M.O.C. 244 Watson Street 47. There are no smoke detectors in this unit. Properly working smoke detectors are to be provided and maintained in every dwelling unit. They are to be located on or near the ceiling between the bedrooms and the remainder of the dwelling unit. Section 22 M.P.S.B. 48, The wood panelling in this unit does not appear to meet the required surface flame spread rating of 150. It, therefore, must be considered to be a safety hazard and must be either removed, treated with a flame retardant compound or, covered with a properly rated material. Section 9.10.16.1. N.B.C.C, 49. The floors in this unit are sloping, indicating possible structural problems. The cause must be found and rectified and thereafter every part of the building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. Section 9 R.P.M.O.C. 50, The windows in the front left bedroom have broken panes of glass. The glass must be replaced and the windows maintained so as to prevent the entrance of wind and precipitation into the dwelling. Section 13 R.P.M.O.C. 51. The windows in the front left bedroom do not open to the required size for a bedroom window. Every bedroom must have a window which conforms to the National Building Code of Canada. The window must have an unobstructed opening of a minimum of 543 square inches with no dimension less than 15 inches. The window must be capable of being opened without the use of any tools or special knowledge. Section 9.7.13.(2) N.B.C.C. 52. The walls in the front left bedroom are peeling. The surface of walls and ceilings shall be finished so as to be reasonably smooth, clean, tight and easily cleaned. The walls must be sanded and painted as necessary. Section 17(3) R.P.M.O.C. 53. The windows in the front right bedroom do not open to the required size for a bedroom window. Every bedroom must have a window which conforms to the National Building Code of Canada. The window must have an unobstructed opening of a minimum of 543 square inches with no dimension less than 15 LE P AGE_ OWE 241 7 inches. The window must be capable of being opened without the use of any tools or special knowledge. Section 9.7.1.3. (2) N.B.C.C. 54. The plaster on the wall of the front right bedroom is cracked. Every interior wall and ceiling in a dwelling shall be maintained so as to be free of any condition which might cause injury. The wall must be examined, repaired as necessary and maintained so as not to present an accident hazard and so that it is easily cleaned. Section 17 R.P.M.O.C. 55. The door at the front right bedroom is broken. It must be properly repaired and thereafter be maintained so as to offer safe unobstructed passage at atl times. Section 28 R.P.M.O.C. 56. The electrical receptacle in the rear bedroom is missing a cover plate. It must be replaced and thereafter all electrical equipment located or used in a dwelling shall be maintained in good working order so as not to cause a fire or electrical shock hazard. Section 26 R.P.M.O.C. 57. There is tile missing from the living room floor. Every floor in a dwelling shall be maintained by repairing, replacing or removing any floor covering that has become unduly worn or torn so that it retains dirt or presents a tripping hazard. The affected flooring must be removed, repaired or replaced. Section 18 R.P.M.O.C. 58. The plaster on the ceiling in the living room is cracked and bulging. Every interior wall and ceiling in a dwelling shall be maintained so as to be free of any condition which might cause injury. The ceiling must be examined, repaired as necessary and maintained so as not to present an accident hazard and so that it is easily cleaned. Section 17 R.P.M.O.C. 59. The living room window does not open. Every habitable room, bathroom, and toilet room shall have adequate ventilation. The window is to be repaired and thereafter maintained so that it is easily kept open and easily kept closed (whichever may be required at any given time) or other suitable action is to be taken to ensure that ventilation is available. Section 30 R.P.M.O.C. 60. The baseboard heater in the living room does not have a cover. The cover must be replaced and thereafter the heating system shall be maintained in good working condition so as to be capable of heating the dwelling safely to the required standard. Section 25 R.P.M.O.C. 61. The plaster on the ceiling of the storage room adjacent to the living room is falling and the ceiling tile is missing. Every interior wall and ceiling in a dwelling shall be maintained so as to be free of any condition which might cause injury. The ceiling must be examined, repaired as necessary and maintained so as not to present an accident hazard and so that it is easily cleaned. Section 17 R.P.M.O.C. 242 Wry S T , eF 62. The window in the storage room adjacent to the living room is missing panes of glass. The glass must be replaced and the window maintained so as to prevent the entrance of wind and precipitation into the dwelling. Section 13 R.P,M.O.C, 63, The plaster on the wall of the storage room adjacent to the living room is cracked, Every interior wall and ceiling in a dwelling shall be maintained so as to be free of any condition which might cause injury. The wall must be examined, repaired as necessary and maintained so as not to present an accident hazard and so that it is easily cleaned. Section 17 R,P.M,O,C. 64. The kitchen window has a broken pane of glass. The glass must be replaced and the window maintained so as to prevent the entrance of wind and precipitation into the dwelling. Section 13 R.P.M.O.C. 65. The flooring in the kitchen is torn. Every floor in a dwelling shall be maintained by repairing, replacing or removing any floor covering that has become unduly worn or torn so that it retains dirt or presents a tripping hazard. The affected flooring must be removed, repaired or replaced. Section 18 R.P.M.O.C. 66. The oven door is broken. It must be replaced or repaired and thereafter all electrical equipment and appliances located or used in a dwelling shall be installed and maintained in good working order so as not to cause a fire or electrical shock hazard. Section 26 R.P.M.O.C. 67. The bathroom has no source of ventilation. Every bathroom and toilet room shall have adequate ventilation. Either a window which is easily opened, or a mechanical ventilating system is to be installed, Section 30 R.P.M,O.C. 68. The bathroom door is deteriorated. It must be properly repaired and thereafter be maintained so as to offer safe unobstructed passage at all times. Section 28 R.P.M.O.C, 69. The bathtub taps do not shut off. They must be repaired and thereafter every dwelling that contains plumbing shall have fixtures supplied and maintained in proper working order, accessible to and available for use by the dwelling occupants. Section 23 R.P.M.O.C. 70, The bathroom ceiling tile is cracked and damaged. Every interior wall and ceiling in a dwelling shall be maintained so as to be free of any condition which might cause injury. The ceiling must be examined, repaired as necessary and maintained so as not to present an accident hazard and so that it is easily cleaned. Section 17 R.P.M.O.C. 71, The plaster on the wall of the stairwell is cracked. Every interior wall and ceiling in a dwelling shall be maintained so as to be free of any condition which might cause injury. The wall must be examined, repaired as necessary and maintained 243 FAWZ-0C 9 so as not to present an accident hazard and so that it is easily cleaned. Section 17 R.P.M.O.C. 72. A wall in the stairwell has been patched and is not properly finished. The surface of walls and ceilings shall be finished so as to be reasonably smooth, clean, tight and easily cleaned. The wall must be sanded and painted as necessary. Section 17 R.P.M.O.C. 73. There is no handrail on the entrance stairs. A properly secured and sturdy handrail is to be installed and maintained so that the stairway is free of any condition that may constitute an accident hazard. Section 14 R.P.M.O.C. 74. The entrance door in the stairwell is deteriorated and nailed shut. The door is to be repaired or replaced and the exit maintained so as to provide a safe, continuous and unobstructed exit path from the interior of the dwelling to the exterior at grade level. Section 28 R.P.M.O.C. 75. The stairs are sloping, indicating possible structural problems. The cause must be found and rectified and thereafter every part of the building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any additional weight that may be put on it through normal use. In addition, an inside or outside stairs shall be maintained so as to be free of any condition that may constitute an accident hazard. They must be replaced or repaired using suitable means. Section 14 R.P.M.O.C., Section 9 R.P.M.O.C. 77. The light switch at the base of the stairs does not have a cover. It must be replaced and thereafter all electrical equipment located or used in a dwelling shall be maintained in good working order so as not to cause a fire or electrical shock hazard. Section 26 R.P.M.O.C. 78. The stairwell is obstructed with junk. The obstruction is to be removed and the stairwell maintained so as to provide a safe, continuous and unobstructed exit path from the interior of the dwelling to the exterior at grade level. Section 28 R.P.M.O.C. 79. There are exposed electrical wires in the rear exit. All electrical wiring located or used in a dwelling shall be installed and maintained so as not to present a fire or electrical shock hazard. The wires must be protected from mechanical damage using means acceptable under the Electrical Installation and Inspection Act. Section 26 R.P.M.O.C. 80. There is a hole in the wall by the rear exit door. Every interior wall and ceiling in a dwelling shall be maintained so as to be free of holes or cracks. The hole must be filled and the wall refinished so as to be reasonably smooth, clean, tight and easily cleaned. Section 17 R.P.M.O.C. 244 c ,- lr l SOW 10 81. The rise from the side deck to the exit door threshold is 10 inches. The maximum allowable rise is 8 inches. A step is to be installed or the deck adjusted and thereafter the exit shall be maintained so as to provide a safe, continuous and unobstructed exit path from the interior of the dwelling to the exterior at grade level. Section 28 R.P.M.O.C. R.P.M.O.C. — Residential Properties Maintenance and Occupancy Code M.P.S.B. — Minimum Property Standards By -law N.B.C.C. — National Building Code of Canada fA Dated at Saint John this, 27 day of A.D. 2006. Mark Slader, Standards Inspector City of Saint John 245 y e� Bentley, Pamela From: Caswell, Tammy Sent: Friday, December 04, 2009 8:59 AM To: Bentley, Pamela; Wilson, Mark Cc: Green, Gerald; Poffenroth, Amy Subject: RE: 242 Watson Street Pa m, Thanks for the update. I initially received a complaint about this building on Nov 19/09 from staff at Beaconsfield School. They have received concerns from parents. I attended this location with patrol a couple of days later and found that entry could be gained under the building. I spoke with a neighbor who confirmed that there are kids entering here and this is a concern to the neighbors. On Dec 3/09 patrol responded to a call that there were kids in the building but the kids had vacated by the time they arrived. Thanks, Tammy Caswell Saint John Police Force Community Services Unit —West 506 -674 -4137 From: Bentley, Pamela Sent; Friday, December 04, 2009 8:42 AM To: Wilson, Mark Cc: Caswell, Tammy; Green, Gerald; Poffenroth, Amy Subject: RE: 242 Watson Street Thanks for the email Mark. This building is one that I am currently working on and I should have a document ready for service by next week. Pam From: Wilson, Mark Sent: Thursday, December 03, 2009 10:20 PM To: Bentley, Pamela Cc: Caswell, Tammy; Green, Gerald Subject: 242 Watson Street Good Evening Pam; I was able to visit 242 Watson Street today, the power has been shut off to this property as the meters have been removed. The building is not occupied, however, it is my understanding persons have been entering the building to hang out inside. The building is accessible as the sills have fallen away and a person can crawl inside. My concern is should a fire start in this building, there are occupied properties on both side of 242 Watson St. which I believe would certainly be affected. I have spoke to Constable Tammy Caswell, Westside Community Police Officer about this property, Constable Caswell has concerns as well. Regards 246 Inspactor Mark Wilson Saint John Fire Department Fire Prevention and Investigation Division Phone 658 -4551 247 REPORT TO COMMON COUNCIL March 15, 2010 M &C- 2010 -74 His Worship Ivan Court And Members of Saint John Common Council Your Worship and Members of Common Council, SUBJECT: LEAD Program —an employment program for youth BACKGROUND On Aug 31, 2009 Common Council adopted the following resolution and referred the matter to staff. "RESOLVED that the Acting City Manager be directed to develop a suitable form to be distributed to local High Schools for the purpose of hiring students from vulnerable communities, and further, that the form is to be submitted for Council's approval by November 30, 2009." This initiative demonstrates that The City of Saint John is interested in the youth of the Community and places importance on the concept of Corporate Social Responsibility. After initially reviewing the referral from Council staff recognized the opportunity to go beyond simply developing a form for distribution to High Schools. Staff from Human Resources conducted thorough research that has resulted in the creation of a program that meets the needs of Council and the community. The "LEAD" program is designed to encourage students with demonstrated need from our community to seek employment opportunities with the City of Saint John. 248 ANALYSIS Human Resources originally created a form as requested by Council and then conducted further research to engage all stakeholders. Human Resources staff, with the assistance of Leisure Services staff and PRO Kids staff, turned to the youth who we are trying to engage. The Leisure Services Department and PRO Kids assisted Human Resources in conducting focus groups which were facilitated by Ray Walsh, Tammy Desaulniers and Leah Anderson. These focus groups, which comprised the youth of Saint John, met at our Community Centres. Each focus group met for approximately two hours during which they identified needs, challenges and support that would help them achieve their goals. Each group was asked to provide key words they thought might reflect the aim of the program. From these words came the acronym "LEAD" (Learn, Experience, Act, and Develop). Information gathered from a series of focus groups helped staff gain a better understanding of the needs, wants and challenges facing the youth in our community. Research was also completed with respect to services offered by other municipalities. We then designed a program based on these inputs. The program is designed to instill appropriate work ethic and values as well as assist youth in pursuing post secondary education. The program overview is attached as Appendix A. INPUT OF OTHER SOURCES Communications staff has developed a communication plan with respect to this program. FINANCIAL IMPLICATIONS The number of participants in this program will be determined annually based on the funds available in the City's Operating Budget. It is recognized however that this program is designed to be a multi -year commitment so that once a student is accepted into the program funds will need to be budgeted annually to ensure we meet our commitment. It is anticipated that 5 students will be initially accepted into the program. 249 RECOMMENDATION It is recommended that the City launch the "LEAD" program (Learn, Experience, Act, and Develop) in the workplace as presented. Respectfully submitted, John McIntyre Manager Human Resources 1� Z� J. trick Woods CGA City Manager 250 Avvendix A Youth Employment Development Committee Focus group results Council proposed that the City of Saint John develop a program targeted at local youth in the priority communities. The aim of the program will be to develop new skills, expand experience and encourage local high school students to pursue post secondary education. A team of three employees were selected to gather information from other municipalities, develop a draft outline for the program and make recommendations to the City Manager. The development team consisted of Ray Walsh, Administrative Officer Leisure Services; Tammy DeSaulniers, PRO Kids Manager; and Leah Anderson, Human Resource Administrator. To gain perspective and feedback from the target group, the team approached the Leisure Service Coordinators from three community centers. The Coordinators were asked to select a group of 5 -8 youth from each center who they felt would contribute to the process. The focus groups met separately to allow for increased participation, and views from various areas of the City. The groups identified various elements they would like to see included in the program that would help them achieve their future goals. The objective was to have them answer the age old question of, "what do you want to be when you grow up ?" and "What can we do to help ?" From this list the top four elements were highlighted. They include the following: • Job Shadowing • Working with a City employee • Interviewing a City employee • Employment Skills • Life Skills With this information in mind the "LEAD" Program was developed. 251 LEAD Program ■ Target group o The youth considered eligible for the program would currently be enrolled in grade 11 at a high school in the City of Saint John. o Demonstrated need required o Must be 16 years of age or older ■ Application Process o An application form - which requires the applicant to explain how they feel they will benefit from the program, and what their ideal outcome would be. • A selection committee will be formed to review applications • Selection will be made by the end of May each year ■ Length of term o Once selected, participants could be employed until completion of post secondary education or up to a max of 5 years. Performance standards must be met each year. o The summer term will be a minimum of 8 weeks each year. Participants will be encouraged to apply to work in the community centers during the fall I winter season. Elements included in each year o Year 1: Completion of Grade 11 ■ Employed in an 8 week summer position ■ Tour of City facilities • Select a possible career • Provide direct exposure to their selected career by providing Job description, education required, and job shadowing opportunities. • Tour of a post secondary schools • Resume workshop • Interview skills workshop • Lunch with Commissioner • Performance Review and Goals for next year o Year 2: Completion of Grade 12 • Employed in an 8 week summer position • Review selection of career options 252 • Provide direct exposure to their selected career by providing Job description, education required, and job shadowing opportunities. • Interview workshop • Personality Assessment — Myers Briggs • Presentation skills workshop • Lunch with the Mayor • Tour of a post secondary facility • Performance Review and Goals for next year o Year 3: Completion first year post secondary • Employed in a 12 week summer position • Pair up with City employee in their chosen field if possible • FIRO B assessment and team building workshop • Interview workshop • Lunch with City Manager • Review of previous year's recommendations • Public Speaking Workshop • Tour of City /Community facilities directly related to career • Performance review with goals for next year o Year 4: Completion of second year post secondary • Employed in a 12 week summer position • Continue to work with City Employee in chosen field • Public Speaking Workshop • Lunch with MLA • Job Search Workshop • Interview Workshop • Performance Review with Goals for the future o Year 5: Completion of third year post secondary • Employed in a 12 week summer position • Continue to work with City Employee in chosen field • Public Speaking Workshop • Lunch with a CEO • Job Search workshop • Interview workshop • Performance Review with Goals for the future The participants will gain meaningful work experience and skills which will be transferable to their identified personal goals. A letter of recommendation will be provided upon successful completion of the program. 253 LEAD an employment program for youth Learn, Experience, Act, Develop Mission: to assist local youth achieve their dreams through employment, education and experiences. Why apply to L.E.A.D? • Guaranteed summer employment for up to 5 years • Get a chance to job shadow and learn more about possible careers • Develop new skills (resume writing, interview skills) If we've convinced you to move forward please tell us about yourself in the form below: Name: Address: Phone number: Email (optional): What Grade are you currently in? 1. Why do you want to participate in L.E.A.D.? (Feel free to use additional paper if needed) 2. What do you hope to gain from this opportunity? 3. What are you most proud of at this moment? 254 REPORT TO COMMON COUNCIL M &C2010 -73 March 15, 2010 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Common Council: SUBJECT: Website Redesign, and Rebuild PURPOSE: IrIn City of Saint john In October of last year Common Council approved the award of a tender to ISL to redesign the City's website. The purpose of this report is to provide an update to Council on progress being made on this project and also to seek approval for the costs associated with acquiring Content Management Software to support the rebuilding and on -going upkeep of information to be placed on the website. ANALYSIS: Since awarding of the contract to ISL the company has completed a review of best practices in municipal websites and provided a detailed report on their findings. In addition a number of workshops have been held with a cross - section of City Staff that have resulted in the following: - a detailed Website Definition Report that clearly defined what we were trying to achieve with the website and the type of functionality and content that would be required on the site. This document also provided a description of the basic lay -out of some of the key pages that would be associated with the new site 255 - a Website Governance report which details how we need to be organized to properly support the on -going maintenance of both the technical functioning of the site and the content management for the site. - A Website release Plan which prioritizes what functions and content we will be aiming to deliver in the initial release of the site and some added features that we will be developing for future enhancements of the site. ISL is now in the process of completing the more detailed design aspects of the various web pages, the graphical look and feel of the site. This work is nearing completion which then puts us in a position to move forward with actually building the site. One of the tasks that ISL was also charged with as part of their initial work was to make a recommendation with regards to the content management software that would need to be acquired to best support the website. A detailed report has been provided and reviewed by staff. From a cost and timing perspective there are two viable options for the City to consider one is the acquisition of software developed by ISL call One Web and the other is to expand on our use of a Microsoft based product called Sharepoint. After considering the options it is staff's view that the City should proceed with the acquisition of the One Web product from ISL. The software meets our needs in terms of functionality and usability by a variety of city staff that will be involved in providing content for the site. In addition, use of ISL's product and support in the re -build of our site will ensure that we meet our goal of re- launching the City's website by mid June of this year. ISL have also been asked to provide the costs associated with rebuilding the new website. We had initially hoped to do some of this rebuilding using City Staff however the combination of the extensive changes we are proposing to the site, the use of new content management software and the timing we are trying to achieve in re- launching the site makes this unreasonable. FINANCIAL IMPLICATIONS: The proposed cost of work as represented by ISL is $83,918. This is a planned expenditure and provision was made in the 2010 Capital Budget under the Information Technology area for this cost. INPUT FROM OTHER SOURCES The OneWeb Content Management Software has been reviewed and tested by staff in Information Technology, Communications and Corporate Planning. 256 RECOMMENDATION: It is recommended that Common Council approve the acquisition of the OneWeb content management system from ISL and the engagement of ISL to provide support in rebuilding the City's website in accordance with the attached statement of work. Respectfully submitted, Andrew P. Beckett M.A., C.A. Deputy City Manager Programs and Priorities J. Frick Woods, C.G.A. Acting City Manager 257 tvist 08-Mar-2010 Statement of Work., Website Build City of SaintJohn 258 ti Statement of Work > Website Budd ` City of Saint John > 08- Mar -2010 For questions or follow -up regarding this Statement of Work please contact: Naveed Ashfaq Managing Partner 902 - 422 -9062 nashfag(cDisl.ca ISL Web Marketing & Development 1108 -1809 Barrington Street Halifax, NS 133.f 3K8 The information contained herein is proprietary to ISL and may not be used, reproduced, or disclosed to others except as specifically permitted in writing by ISL. The recipient of this document, by its retention and use, agrees to protect the information contained herein. 259 3 Statement of Work > Website Build ? Cite of Saint John 08- Mar -2010 1 Introduction .................................................................................................... ............................... 4 2 Scope ............................................................................................................... ..............................4 2.1 Areas Within Scope ....................................................................................... ..............................4 2.2 Areas Out of Scope ....................................................................................... ..............................4 3 Deliverables and Cost .................................................................................... ..............................6 3.1 OneWeb CMS template integration .............................................................. ............................... 6 3.2 Content integration & formatting ................................................................... ............................... 6 3.3 OneWeb CMS 6 Extranet configuration ........................................................ ............................... 7 3.4 Website consulting ........................................................................................ ............................... 7 3.5 OneWeb CMS training .................................................................................. ............................... 7 3.6 OneWeb CMS 6 Licensing ...................................................................... ............................... 5 Pricing ............................................................................................................. ..............................9 5.1 Summary ...................................................................................................... ............................... 9 5.2 Travel Budget ................................................... ............................... ---- - -.... 9 260 7 Statement of Work > Website Budd > City of Saint John 08- Mar -2010 This statement of work provides a detailed work breakdown and cost structure for the build of the proposed new City of Saint John website on a licensed OneWeb CMS 6 platform. As per the scope items identified below, the build will focus on the integration of the design templates with the CMS and the creation of the set of web pages identified within the sitemap of the approved Website Definition Report. The CMS integration will also include the configuration of the OneWeb CMS 6 Extranet option, which will serve as the base for the separate development of the My Saint John functionality. To ensure the successful delivery of this project, time has been allocated toward ongoing consultation and training with COSJ staff, and overall project management and quality assurance activities. 2 Scope ISL will provide a Project Manager, Consultants, Web Developers, and Trainers to engage with the City of Saint John in the activities contributing to the build of the redesigned COSJ website: OneWeb CMS 6 setup and template integration Content integration and formatting OneWeb CMS 6 Extranet configuration Onsite training for OneWeb CMS end users and developers OneWeb CMS 6 licensing and software maintenance 1. Any product/service not explicitly defined in this document. 2. Development services beyond that required for CMS integration & Extranet configuration. 261 3 .Statement of Work > Website Build > City of Saint John > 08- Mar -2010 3. Any copy writing or re- keying of content required for the build of the Website. 4. Travel and/or expenses including web conferences. An estimated travel budget has been provided In section 5.2. 262 1 Statement of Work > Website Build > City of Saint Jahn > 08- Mar -2010 3 Deliverables and Cost 3.1 OneWeb CMS template integration ISL will setup and configure a licensed version of OneWeb CMS 6 using the approved specifications and template designs resulting from the completion of the prior Website Redesign project. The result of this deliverable will be a staged, browseable website installation with bilingual support ready for content integration and custom application development to begin. 3.2 Content integration & formatting Using the CMS installation described above, ISL will create the English content pages identified in the sitemap of the approved Website Definition Report and populate these pages with content and images supplied by COSJ. The French pages of the site will be created but will not be translated within the scope of this deliverable. The result of this deliverable will be a website populated with content to the point where designated COSJ staff including Service Program representatives can get trained and be tasked with the addition of Service - specific content and French translation. Content Integration & formatting 180.25 19,463 Budget Breakdown - Base content integration & formatting (25 pages & images) 32 3,200 - Additional content integration & formatting (-150 pages) 42 4,200 - Additional images crop & export (--100 images) 20 2,000 - integrate content revisions 18.75 1,875 263 s ti .5 OneWeb CMS template Integration 167.5 21,137 Budget Breakdown - Iterative template coding 10 I 1,250 - OneWeb CMS setup 6.25 I 781 - Template integralion (9 templates) 27 3,375 - Virtual template integration (6 templates) i 6 750 - Navigation controls (4 controls) ! 20 2,500 - Dynamic homepage features and tabs 26 3,500 - RSS feeds integration (4 feeds) 20 2,500 - Deployment to COSJ server 4 700 - Quality assurance 18.25 2,281 - Project management 28 3,500 3.2 Content integration & formatting Using the CMS installation described above, ISL will create the English content pages identified in the sitemap of the approved Website Definition Report and populate these pages with content and images supplied by COSJ. The French pages of the site will be created but will not be translated within the scope of this deliverable. The result of this deliverable will be a website populated with content to the point where designated COSJ staff including Service Program representatives can get trained and be tasked with the addition of Service - specific content and French translation. Content Integration & formatting 180.25 19,463 Budget Breakdown - Base content integration & formatting (25 pages & images) 32 3,200 - Additional content integration & formatting (-150 pages) 42 4,200 - Additional images crop & export (--100 images) 20 2,000 - integrate content revisions 18.75 1,875 263 1 Statement of Work > Website Build > City of Saint John > 08- Mar -2010 - Photo sourcing 8 1,000 - Page re- directs from existing site (100 URLs) 10 1,000 - Quality assurance 19.5 2,438 - Project management 30 3,750 3.3 OneWeb CMS G Extranet configuration ISL will configure the OneWeb CMS Extranet option within the COSJ installation. This includes the setup of site member and member groups, member self registration, and member page restrictions. The functionality will be limited to what it available `out -of- the -box' and therefore, additional custom application development will be required after the completion of this deliverable to enable the functionality of the My Saint John concept. OneWeb CMS 6 Extranet configuration 33.5 4,_188 Budget Breakdown - Integration 24.25 3,031 - Quality assurance 3.75 469 - Project management 5.5 688 ISL will provide the services of its consulting team to provide ongoing direction and oversight throughout the course of this Website Build Project. The effort estimated is typical of websites of this size and scope that we have delivered in the past. Website consulting Budget Breakdown Ongoing website consultation 82 10,250 82 10,250 ISL will provide two types of onsite training following the completion of the above deliverables. OneWeb CMS end user training will be designed to train COSJ's core web management team (webmasters, communications staff) on both the basic and advanced use of the software so they will be able to work toward the completion of the site, and to train other COSJ staff within the various Service Programs. 264 3 Statement of Work > Website Build > City of Saint John > 08- Mar -2010 We expect to run two 3 hour sessions in one visit to Saint John with 2 trainers to do class room training with between 6 and 8 power users (to be identified by COSJ). The OneWeb CMS developer training will be held with the COSJ website development team and cover template integration and custom application development, so they can both maintain the site going forward and expand on it functionality based on the approved Website Release Plan. A working knowledge of Microsoft NET programming is required for this training. We expect to run 2 days on site at ISL training for Configuration Management and Template integration with Scott and Andrew. We will follow that up with 5 days on site in Saint John with one of our developer /trainers to work on application development fundamentals with the same team. OneWeb CMS training (including preparation) 42 11_,600 Budget Breakdown - OneWeb CMS Basic Training (3 hours) 8 1,200 - OneWeb CMS Advanced Training (3 hours) I 8 1,200 - OneWeb CMS Extranet Training (1 hours) 3 450 - OneWeb CMS Developer Training (7 days) 50 8,750 3.6 OneWeb CMS 6 Licensing In order to implement the Website build as described in this SOW, all of the following licenses and option would need to be included in the project budget. Base software license - OneWeb CMS 6 1 9,500 1 Software Options (require OneWeb CMS 6 base license) i - OneWeb CMS Multi- Language 2,450 - OneWeb CMS Extranet 2,450 Software Maintenance (20°% of license cost/annum) - OneWeb CMS Software Maintenance Plan 2,880 The expected duration of this Website Build Project is approximately 65 business days. A detailed project plan will be provided upon commencement of the Project. Schedules will require the City of Saint John to meet certain tasks and milestones in order to meet scheduled timelines (approvals, deliverables, meetings, etc.). 265 7 Statement of Work > Website Budd = City of Saint Jahn > 08- Mar -201 9 Pricing 5.1 Summary Costs are based on the anticipated number of hours required to complete the project at ISL's standard hourly rates (available at www.isl.calratecard). Changes to the scope or complexity of the deliverables within this Statement of Work may affect quoted costs. Any such changes will be communicated and agreed upon according to the established Project Governance model. Project Element OneWeb CMS template integration 167.5 21,137 Content integration & formatting 180.25 19,463 OneWeb CMS 6 Extranet configuration 33.5 4,188 Website consulting 82 10,250 OneWeb CMS training 42 11,600 OneWeb CMS 6 Licensing nla 17,280 Total 505.25 83,918 Prices do not Include applicable taxes The following travel budget has been identified based on two anticipated onsite training sessions required over the duration of this project with these assumptions: Meals: 1 person per trip with a $65 per day allowance Transportation: total of 2 return flights and 4 airport taxi fares 5% surcharge for re- invoicing expenses Travel time: 6 hours per person per trip at a rate of $62.50 per hour Travel Expenses (Meals) 409.50 Travel Expenses (Transportation) 2,317 Travel Time 1,375.00 Total $4,101.50 266 City Solicitors Office Bureau de Pavocat municipal The City of Saint John March 12, 2010 Common Council of The City of Saint John Your Worship and Councillors: Re: Harbour Cleanup Project Pursuant to a resolution of Common Council adopted December 21, 2009 and amended January 18, 2010, the Mayor and Common Clerk on January 19, 2010 signed a Memorandum of Understanding (MOU) dated February 8, 2010 with, among others, Voyageur Properties Limited (Voyageur) and J.D. Irving, Limited (JDI), to acquire from Voyageur an easement from land on the west side of Bayside Drive (PID 419101) and from JDI two (2) parcels of land on the south side of Red Head Road. All acquisitions being in connection with the ongoing Harbour Cleanup Project. The MOU provided for a closing date of March 2, 2010. However, as the Vendors did not provide the required documentation on that date, the closing did not take place. The land areas cited in the MOU were based upon calculations with the proviso that the final areas would be by survey and the surveyed area would be determinative. As these lands are, I am advised, still required for the Harbour Cleanup Project, the following resolutions would be appropriate: ... /2 lr SAINT JOHN PO. Box 1971 Saint John, NB Canada E2L 41 I www.saingohn.ca 1 CA 1971 Saint John, N. -B. Canada EzL 40 r`— 267 Common Council March 12, 2010 Re: Harbour Cleanup Project City Solicitor Page 2 #. RESOLVED that the City of Saint John acquire from Voyageur Properties Limited an easement on the western side of Bayside Drive comprising by survey 371 square meters upon the same terms and conditions as set out in the Memorandum of Understanding dated February 8, 2010, save and except the closing date set out in paragraph 10. II. RESOLVED that the City of Saint John acquire from J.D. Irving, Limited two (2) parcels of land on the south side of Red Head Road, one parcel comprising by survey 234 square meters, the second 196 square meters, upon the same terms. and conditions as set out in the Memorandum of Understanding dated February 8, 2010, save and except the closing date set out in paragraph 10. Respectfully Submitted, Joh . Nugent City olicitor 268