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2009-06-01_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, June 01, 2009 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.0(a,b) Personnel Matter 10.2(4)(f,g) 1.1 Contract Negotiations 10.2(4)(c,d) 1.2 Land Negotiations 10.2(4)(c,d) 13(a,b) Legal Opinion 10.2(4)(b,f,g) 1.4(a,b,c) Nominating Committee Recommendations 10.2(4)(b) Regular Meeting 1. Call to Order - Prayer 6:30 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of May 11, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Local 18 Grievance Re Employees Termination (Recommendation in Report) 5.2 Proposed Public Hearing Date 899 Grandview Avenue (Recommendation in Report) 53 Residential Infrastructure Assistance 53 1401 Manawagonish Rd (Recommendation in Report) 5.4 Sale of Portion of Crown Street (Recommendation in Report) 5.5 Consulting Services Assisting Planning & Development (Recommendation in Report) 5.6 Design and Construction Management Installation of Variable Frequency Drives (VFD's) and Standby Diesel Generator at Lancaster Lagoon (Recommendation in Report) 5.7 Engineering Design Services Marsh Creels Drainage Basin Piped Stormwater Diversion System (Recommendation in Report) 5.8 Retirement on the Order of Council (Recommendation in Report) 5.9 Public Information Session Rothesay Rd (Route 100) (Clairmont St to Railroad Overpass) Sanitary Sewer, Storm Sewer and Road Reconstruction Municipal Designated Highways Improvement Program (Recommendation: Receive for Information) 5. 10 Saint John Parking Commission: Request to Present Re Parking in South Central Peninsula (Recommendation: Refer to Clerk to Schedule) 5.11 Easement Agreement in Favour of New Brunswick Housing Corporation Re: Market Square (Recommendation in Report) 5.12 Aliant Contract (Recommendation in Report) 5.13 License for Use of Red School House (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 8.1 Environment Committee Awards 8.2 Fundy Bay Festival Inc. 9. Public Hearings 10. Consideration of By-laws 10.1(a) Third Reading Zoning By-Law 10.1(b) Section 39 Conditions 10.2(a) Third Reading Zoning By-Law 10.2(b) Section 39 Conditions 103(a) Third Reading Zoning By-Law 103(b) Section 39 Conditions Amendment 10 Technology Dr Amendment 372 Ludlow St Amendment 388 University Ave 103(c) Proposed Rezoning 388 University Avenue - Change to Terms and Conditions 10.4(a,b) Third Reading Municipal Plan and Rezoning Amendments 188 and 196 Mount Pleasant Ave 10.5 Proposed Municipal Plan Amendment - 99 Hazen Street 11. Submissions by Council Members 11.1 Budget Submissions to Finance Committee (Councillor Sullivan) 11.2 Assignment of Lead Responsibility in Water Treatment Project (Deputy Mayor Chase) 12. Business Matters - Municipal Officers 12.1(a) City Manager: Easement Agreement in Favour of New Brunswick Housing Corporation re Market Square 12.1(b) City Solicitor: Market Square Power Upgrade 12.2 City Manager: Request for Meeting 13. Committee Reports 13.1 Saint John Parking Commission: Salty Jam Festival 2009 - Request to Use Water Street Parking Lot 13.2(a) Saint John Parking Commission: Increases to On-Street Parking Rates and Parking Meter and Traffic By-Law Fines 13.2(b) Increase of Traffic By-Law and Parking Meter By-Law Fines By-Law Amendments 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le lundi I" juin 2009 Comite plenier 1. Ouverture de la seance 17 h - Salle de conference, 8e Rage, hotel de ville 1.0(a,b) Question relative au personnel - alineas 10.2(4)(f,g) 1.1 Negociations contractuelles - alineas 10.2(4)(c,d) 1.2 Negociations relatives aux biens-fonds - alineas 10.2(4)(c,d) 13(a,b) Avis juridique - alineas 10.2(4)(b,f,g) 1.4(a,b,c) Comite des candidatures - alinea 10.2(4)(b) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 1830 h - Salle du conseil 2. Approbation du proces-verbal 2.1 Proces-verbal de la seance tenue le I I mai 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Grief de la section locale 18 relatif a la cessation d'emploi des employes (recommandation figurant au rapport) 5.2 Date proposee pour les audiences publiques visant le 899, avenue Grandview (recommandation figurant au rapport) 5.3 Programme d'aide a l'infrastructure residentielle relativement au no 53, 1401, chemin Manawagonish (recommandation fi(-,,urant au rapport) 5.4 Vente dune partie de la nee Crown (recommandation fi(-,;urant au rapport) 5.5 Services d'experts-conseils en aide au Service d'urbanisme et de developpement (recommandation figurant au rapport) 5.6 Gestion de la conception et de la construction - Installation de mecanismes d'entrainement a frequence variable et dune generatrice diesel autonome au bassin hydrographique Lancaster (recommandation figurant au rapport) 5.7 Services de conception technique - Bassin-versant du ruisseau Marsh Creels se deversant dans le reseau de derivation des eaux pluviales (recommandation figurant au rapport) 5.8 Retraite - Decret en conseil (recommandation figurant au rapport) 5.9 Seance d'information publique relative a l'installation d'un reseau d'egouts pluvieux et sanitaires sur le chemin Rothesay (route 100) (de la nee Clairmont au passage superieur du chemin de fer) et a la refection de ce dernier dans le cadre du programme d'amelioration des routes municipales designees (recommandation accepter a titre informatif) 5.10 Commission sur le stationnement de Saint John : Demande de presentation relative au stationnement dans la peninsule centre-sud (recommandation transmettre a la greffiere pour qu'une date de presentation soit fixee) 5. 11 Convention de servitude en faveur d'Habitation Nouveau-Brunswick relative a la place Market Square (recommandation figurant au rapport) 5.12 Contrat conclu avec Aliant (recommandation figurant au rapport) 5.13 Permis relatif a 1'utilisation de Little Red School House (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.1 Prix du Comit6 sur 1'environnement 8.2 Fundy Bay Festival Inc. 9. Audiences publiques 10. Etude des arretes municipaux 10.1a) Troisieme lecture du projet de modification de 1'arret6 de zonage visant le 10, promenade Technology 10.1b) Conditions impos6es par Particle 39 10.2a) Troisieme lecture du projet de modification de 1'arret6 de zonage visant le 372, nee Ludlow 10.2b) Conditions impos6es par Particle 39 103a) Troisieme lecture du projet de modification de 1'arret6 de zonage visant le 388, avenue University 103b) Conditions impos6es par Particle 39 103c) Projet de rezonage visant le 388, avenue University - Modification des conditions 10.4a), b) Troisieme lecture des modifications relatives au plan municipal et au rezonage visant les 188 et 196, avenue Mount Pleasant 10.5 Projet de modification du plan municipal relatif au 99, rue Hazen 11. Interventions des membres du conseil 11.1 Demandes budg6taires pr6sent6es au comit6 des finances (conseiller Sullivan) 11.2 Attribution de la principale responsabilit6 dans le cadre du projet de traitement des eaux (maire suppl6ant Chase) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1a) Directeur general : Convention de servitude en faveur d'Habitation Nouveau-Brunswick relative a la place Market Square 12. lb) Avocat municipal : Modernisation de l'alimentation 6lectrique de la place Market Square 12.2 Directeur general : Demande de reunion 13. Rapports deposes par les comites 13.1 Commission sur le stationnement de Saint John : Festival Salty Jam 2009 - Demande d'utilisation du stationnement de la nee Water 13.2(a)(b) Commission sur le stationnement de Saint John : Augmentation des tarifs des parcom&tres de rue et des amendes donn6es conform6ment a 1'arret6 concernant la circulation 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de la seance June 1, 2009 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 June 1, 2009 contains the following items on the agenda: 1.0 Personnel Matter 10.2(4)(f,g,)1.1 Contract Negotiations 10.2(4)(c,d); 1.2 Land Negotiations 10.2(4)(c,d); 1.0(a,b) Legal Opinion 10.2(4)(b,f,g); 1.4(a,b,c) Nominating Committee Recommendations 10.2(4)(b); 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": 1.0 Personnel Matter 10.2(4)(f,g): (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 1.1 Contract Negotiations 10.2(4)(c,d): (c) information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract; (d) the proposed or pending acquisition or disposition of land for a municipal purpose 1.2 Land Negotiations 10.2(4)(c,d): (c) information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract; (d) the proposed or pending acquisition or disposition of land for a municipal purpose 1.3(a,b) Legal Opinion 10.2(4)(b,f,g): (b) personal information; (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 1.4(a,b,c) Nominating Committee Recommendations 10.2(4)(b): (b) personal information Respectfully Submitted, f Jonathan Taylor Assistant Common Clerk 94- CONNION COLMUCONSOL CON ILA AL MAY 11, 2009/1-E 11 MAI 2009 COMMON COUNCIL mEEnK G- THE aTY OF SAINT JOHN aTYHALL -MAY 11, 2009 7:00 P.M Present: Ivan Court, Mbyor Deputy Nbyor Chase and Councillors Court, Farren, NIlen, Hggins, McGuire, Snook, SUlivan, and Titus - and - T Totten, City Mbnage , J. Nugent, City Sclidtor, G Yen-ms, Camissiaher of Finance and Treasurer, R Groody, Camissioherof Municipal Ciperations; K Forrest, Corrmssioher of Planing and Developmmht; B. Reid, Chief of Pdioe, B. EdAards, Cornissiahe-of Buildings and Inspection Services; Cy Thonpscn Pdioe Staff Sargent; R Simonds Fire Chief; E Gomey, Conran Clerk and J. Taylor, Assistant cam-ion aerk. SEANCE DU CONML COMMUNAL DE THE aTY OF sA NT JOHN A uHOTEL DEMLLE- LE 11 MAI 2oo9A 19 H Sont presents : Ivan Court, moire le moire suppleant Chase et les co nseillers Court, Farren, NIlen, Hggins, McGuire, Shook, SUlivan et Titus et T Totten, directeur general; J. Nugent, avocat n-n aped; G Yew-ms, oorrmssadre aux finances et treswer, R Goody, oorrmssadre aux operations munidpedes; K Forest, oorrmssadre a I'uibanisme et au developperrent; B. Reid, chef de pdice; B. EdAerds, owTTissaire a x services dinspeotion et des batimants; Cy Thonpson, sergent detat-rrajor du service de police; R Sirnonds, chef du service dincendie, ainsi que E Gorn iey, greffiere ocnTm- le et J. Taylor, greffie- con ai-d adjdnt. 1. Call To Order - Prayer Mayor Court called the meeting to order and Deaoan Bob Freill of the Catholic Diocese of Saint John offered the opening prayer. 1. Ouverture de la seance, sLivie de la priers La seance est ouvete par le moire Court et le cfacre Bob Freill, du dioc bse catholique de Saint John, recite la priere dcuverture. 2 Approval of NirxAm Can motion of Councillor Titus Seconded by Councillor McGuire RESCLAED that the minutes of the meeting of Comm Council held on April 14 &20,2009, be approved. Question being taken, the mention was carried 2 Approbation du proces-verbal Proposition du conseiller Titus Appcyee par le conseiller McGuire RESCLU que les prooes-verbaux des seances du conseil conrrr nal, tehues les 14 et 20 avril 2009, sciert approuves. A I'issue du vote, la proposition est adoptee. 94- COMMON OOLMUCONSOL COMMLAVAL MAY 11, 20OaU 11 MAI 2009 a Approval of Agenda Ch rfution of Councillor Titus Seconded by Ca.ndllor Snook RESOLVED that the agenda of this meeting be approved v& the addition of item 3.1 Feel Plaza Project Expenditures; 13.1 eoJVbbility Funding Argreerrent and; 13.2 Collection of Voter and Sa erage Arrears in Sn edl Claims Court. Question being taken, the motion was carried a Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que I'orcre du jour de la presente seance sat adopte, rroyennant I'ajout du pant 3.1 Depenses liees au Projet de la place Peel; 13.1 Entente definancenel dU prog-anTm ecdVIOB UTE; 132Ccllecte des arrieres des services daqueduc et degcuts a la Cour des petites c rbances. A Tissue du vote, la proposition est adoptee. 3.1 Peel Plaza Project (tabled May 4, 2009) Cn rrrotion of Councillor Titus Secorxled by Deputy Mayor Chase RESCLVED that item a 1 Peel Reza Project be lifted from the table. Question being taken, the motion was carried Ch rrrotion of Deputy Mayor Chase Seconded by Councillor McGuire RESCLVED the report entitled Peel Reza Project dated April 22, 2009, be received for irfamition. Question being taken, the motion was carried Ch rrrotion of Cajicillor Nllen Seconded by Councillor McGuire RESCLVED that Ca ndl express its confidence in the professionals and city staff currently involved in the Peel Reza Project to deliver the project in a prudent and timely name . Question being taken, the motion was carried 3.1 Projet de la place Peel (proposition reportee le 4 n d 2009) Proposition du conseiller Titus Appuyee par le n-dre suppleant Chase RESCLU que le pant 3.1 Pr* de la place Peel sat scup is aux fins de discussion. A Tissue du vote, la proposition est adoptee. Proposition du n-dre suppleant Chase Appuyee par le eonseiller McGJre RESCLU que le rapport date du 22 avril 2009 intitdle Projet de la place Peel sat acoepte a titre infarretif. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Nllen Appuyee par le eonseiller McGJre RESCLU que le Conseil se metre ocnflant quant a la realisation avec lowdence et en temps opportun du Projet de la place Peel de la part du personnel professicnnel et du personnel de la Ville. A Tissue du vote, la proposition est adoptee. 94- CONMON COLMUCONSOL COMML MAY 11, 2009/LE 11 MAI 2009 Disdosures of Conflict of Interest Divulgations de corflits dinterets 9. Public Hearings 9.1(a) Proposed Zoning By-LawAmendrrernt 37 Nortlxmberiand Avenue The carom Clerk advised that the necessary advertising was ow-pleted wth regard to amending Scheckle "A', the Zoning Nap of The City of Saint John, by re-zoning a parcel of land v& an area of approxinately 873 square netres, located at 37 Northumberland Avenue, also identified as R D mnioe' 00314427, from "R 2' Crne and Tw Fanily Residential to "R-4" Fax Fanily Residential \Mh no ol~ ections being received. Consideration was also given to a report fromthe Raining AdAsory Camittee subnitting a copy of Ranrrng Staff s report considered at its Nay 5, 2009 meeting at W ich time the Conrrittee reconTnanded the rezoning of a parcel of land located at 37 North xrberiand Avenue as described above v4th Section 39 conditions. The Narya called for rrenters of the public to speak against the re-zoning wth no ore presenting. The Narya called for rrenters of the public to speak in favor of the re-zoning l3eft Taylor, the goner of 37 Naitn. nimdand Avenue, indicating that he was in agreerne nt v& the staff report and recorrn a-dation. Cn motion of Councillor Sillivan Seconded by Cou cillor Snook RFSCLVm that the by-law entitled, "A L a v to Amend the Zoning B)~-Ltrwof The City of Saint John" annanding Sdnedcie "A', the Zoning Nap of The City of Saint John, by re-zoning a parcel of land v& an area of apprommately 873 square metres, located at 37 North xrberland Avenue, also identified as RD nunbe' 00314427, from "R 2' 0-e and Tw Fa- ily Residential to `R4" Four Family Residential, be read a first tine. Question being taken, the motion was carried Read a first time by title, the by-lawentitled, "A Lawto Amend the Zoning B~-Ltrwof The City of Saint John.,, Cn motion of Camcillor Faren Seconded by Cou cillor Nllen RFSCLVm that the by-law entitled, "A L aN to Arrend the Zoning BBL aNof The City of Saint John" annanding Sdnedcie "A', the Zoning Nap of The City of Saint John, by re-zoning a parcel of land v& an area of apprommately 873 square metres, located at 37 North xrberland Avenue, also identified as RD nunbe' 00314427, from "R 2' 0-e and Tw Fa- ily Residential to `R4" Four Fanrily Residential, be read a second tine. Question being taken, the motion was carried Read a second tine by title, the by-laNentitled, "A Lavto Amend the Zoning B)~-Lavof The City of Saint John.,, 9. Audiences publiques 9.1a) Projet de mocifncafion de I'antte de zo nage relatif au 37, avenue Northu nberiand La greffiere con axde indique que les avis requs ort ete publies relativenne nt a la pacification de I'annexe A, plan de zonage de The City of Saint John, en prockdant au rezonage dui- parcelle de terrain dune sr. erficie denviron 873 netres canes situee au 37, avenue kbt- unberiand et portant le ND 00314427 afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifen iliales et bifaniliales « RS-2» a habitations de quatre logenBrts « R-4 et qu'aucxrie o4ection r1a ete repo- a oat egard Examen dun rapport du Comte cansr ltatif duioanisne, acc onrpagne dun exenplaire du rapport du personnel du service dubanis m, dtudie los de la seance du 5 nevi 2009, 94- COMMON OOLMUCONSOL CANNLAVAL MAY 11, 200aU 11 MAI 2009 pendant lagAle le Comte a recor rnar& de proceder aU rezonage de la parcelle de terrain situee au 37, avenue Northurrheiand, telle gUelle est dbmte d-lessus, sous reserve des conditions in posees par I'artide 39. Le n-dre irMte le publics se prononoff contre le rezenage, rrds personne ne prend la parde. Le n-dre irMte les rrarrbres du publics e)#n-er leurappui quant aU rezonage. Le proprietaire du 37, avenue Northurrberiand, l3ett Taylor, indique qLf it est da=d avec le rapport et Ies moorrrrandations du personnel. Proposition du oonseiller Sullivan Appuyee par le conseiller Snook RESCLU que I'arrete intitcle «Arrete modifiant I'arrete de zonage de The City of Saint John rradfiant I'annexe A, plan de zonage de The City of Saint John, en prooedant aU rem-age dune parcelle de terrain situee aU 37, avenue Northurrberland, duce supafide appromaEtive de 873 m7tres canes, inscrite sous le NI D 00314427, afin de la faire passer de zone residentielle de barlieue- habitations unifardliales et bifen iliales «RS-2» s habitations de cluatre Iogerrents «R-4 fasse I'objet dune preniere lectLre. A Tissue du vote, la proposition est adoptee. Prerriere lecture par titre de I'arrete intitcle «Arrete rrrxifiant I'arrete de zonage de The City of Saint John Proposition du conseiller Farren Appuyee par le conseiller Nllen RESCLU clue I'arrete intitU6 «Arrete modifiant I'arrete de nonage de The City of Saint John rradfiant I'annexe A plan de zonage de The City of Saint John, en prooedant au rem-age dune parcelle de terrain situee aU 37, avenue Northurrberland, dune supafide appromaEtive de 873 m7tres canes, inscrite sous le NI D 00314427, afin de la faire passer de zone residentielle de barlieue- habitations unifardliales et bifen iliales «RS-2» s habitations de cluatre logerrents « R-4 fasse I'objet dune dewderre lectu-e. A Tissue du vote, la proposition est adoptee. D&Dd6ia lecture par titre de I'arrete intitule «Arrete modifiant I'arrete de zonage de The City of Saint John 9.2(a) Proposed Zoning Br-LawArrrient 83 Hawthorne Avenue & 90 Parks Street Extension The Common Clerk advised that the necessary advertising was eoirpleted wth regard to amending Schedule "A', the Zoning Nbp of The City of Saint Jdnn, by re-zoning a parcel of land vUth an area of approAni tely 90 square rretres, located at 90 Parks Street Extension, also identified as being a portion of R D nu rber 00027607, from "R4" Focr Farrily Residential to "R Z' Cne and Tw Fan ily Residential vUth a letter of support being received. Consideration ves also given to a report from the Planning Advisory Committee subrritting a copy of Planning Staff s report considered at its Nby 5, 2009 rreeting at W ich tirna the Corrnittee recorrrrarnded the rezoning of a parcel of land located at 90 Parks Street Extension as described above. The Mayor called for rremters of the public to speak against the re-zoning wth no one presenting. The Mayor called for rremters of the public to speak in favor of the re-zoning vUth Fick Turner of Hughes Surveys appearing on behalf of the applicant indcating that he vans in agreerrent vUth the staff report and recorrrTBidation. 94- COMM COLMUCONSOL COMML MAY 11, 2009/LE 11 MAI 2009 Cn nation of Camcillor Farren Seconded by Camcillor Nllen RESCLVED that the by-law entitled, "A L aN to Amend the Zoning BBL aNof The City of Saint John" an ending SdieckAe "A', the Zoning Nap of The City of Saint John, by re-zoning a parcel of land vvith an area of apprommately 90 square rretres, located at 90 Parks Street Extension, also identified as being a portion of R D number 00027607, from "R-4" Four Fm ily Residential to "R-Z' Cne and Two Farrily Residential, be read a first tine. Question being taken, the nation ves carried Read a first time by title, the by-lawentitled A L auto Am" the Zoning BBL aNof The City of Saint John.,, Cn moticn of Cou cillor Farren Seconded by Cou cillor Nllen RESCLVED that the by-law entitled, 'A L aN to Amend the Zoning BBL aNof The City of Saint John" an ending Sdiedule "A', the Zoning Nap of The City of Saint John, by re-zoning a parcel of land vvith an area of apprommately 90 square netres, located at 90 Parks Street Extension, also identified as being a portion of R D number 00027607, from `R-4" Four Fm ily Residential to "R-Z' Cne and Two Farrily Residential, be read a second tine. Questien being taken, the motion was carried Read a second tine by title, the by-laNentitled, "A Lavto Amend the Zoning B)~-Lavof The City of Saint John.,, 9.2a) Projet de modification de I'antte de zonage visarrt le 83, avenue Hawtliome et le prclongerr errt dormant sur le 90, rue Parks La greffiere conmrrale indique que les avis reclus ont ete publies relativemant a la pacification de I'annexe A, plan de zonage de The City of Saint John, en praklant au rezonage dine parcelle de terrain dune st4oerficie derviron 90 metres canes situee au 90 du prolongenent de la we Park et portant le NI D 00027607 afin de faire passer la classification s'y rapportarit dhabitations de quetre Iogements « R-4 » a zene residentiellede barlieue-habitations unifarriliales et bifaniliales << RS-2 et qLfune Iettre dappui a ete rep-e. Examen dun rapport du Comte consr ltatif dut e isne, acconpagne dun exenplaire du rapport du personnel du service duibanis m, etudie lors de la seance du 5 nevi 2009, a Iacluelle le Comte a dedde de recorm-er~ I'approbation de la derr ar de de rezonage dune parcelle de terrain situee au 9D du prolongerrent de la n e Park, telle qu'elle est decrite d-clessus. Le noire invite le public a se prononcer eontre le rezonage, n-ds persornne ne prend la parole. Le noire invite les nerrbres du public a e)#n-er leur appui quest au rezonage. Fick Tuner, de Hughes Surveys, au nom du den andeur, indique qLf it est daceord avec le rapport et la recor riTmdation du personnel. Proposition du omseiller Farren Appcyee par le conseiller Nllen RESCLU clue I'arrete intitUb «Arrete rracifrant I'arete de zonage de The City of Saint John rracifrant I'anrwe A, plan de zonage de The City of Saint John, en prooecant au rezonage dune parcelle de terrain situee au 90 du prolongetTe nt de la n,e Park, duce superfide appr mnetive de 90 rretres canes, inscrite sous le NID 00027607, afin de la faire passer dhabitations de quatre logerrents « R-4 » a zone residentielle de banlieue- habitations unifarriliales et bifaniliales « RK fasse I'objet dune preniere IectLre. A I'issue du vote, la proposition est adoptee. Preniere lectcre par titre de I'arrete intitule «Arrete modifrant I'arrete de zonage de The City of Saint John 10 94- COMMON ©OLMUCONSBL CANNLAVAL MAY 11, 2009/L.E 11 MAI 2009 Proposition dlu conseiller Farren Appuyee par le ccnseiller Men RESCLU que I'arrete intitule «Arrete modifiant I'arrete de zonage de The City of Saint John rracifiant I'ain nexe A, plan de zonage de The City of Saint John, en prooedant au rem-age dune parcelle de terrain situee au 90 du prdongenient de la rue Park, dune superfide approAmative de 90 metres canes, insc rite scus le NID 00027607, afin de la faire passer dhabitations de quatre Iogements R-4» a zone residentielle de banlieue-habitations unifamliales et bifamliales « RS-2» , fasse I'otjet dune cbLDderre lecture. A Tissue du vote, la proposition est adoptee. Deuudene lecture par titre de I'arrete intitule «Arrete modifiant I'arrete de zonage de The City of Saint John 10. Consideration of Braaws 10. nude des anetes nunicipaux 5. Consent Agenda 5.1 That the letter from Eric Teed dated May 5, 2009, regarding early transportation in the City of Saint John, be received for irfomnation. 5.2 That the letter from Mister H. Albert regarding a $75,000 grant from the Departrral of V\Ilness, Culture and Spat to The City of Saint John, be received for information 5.3 That the request to present by Saint John 225 be referred to the Clerk to schedule. 5.4 That the letter from Ms. Debly entitled Eqoropriated Lands from the Estate of AJ. Debly be referred to the City Solicitor. 5.5 That the Habitat for Humanity Saint John Region Inc letter dated April 29, 2009 requesting financial assistance be referred to the City Manager. 5.6 That as recommended by the City Manager, The City of Saint John accept the proposal subnitted by Saunders Equipment Ltd. to rebuild a 1996 MT Traddess machine, vehicle #783 at a cost of $39,500.00 plus HST. 5.7 That as recommended by the City Manager, the tender for the supply of traffic signal material for a tv&o year term be awarded to the West bidder in each case as indicated on the enclosed summary of bids. 5.8 That as recon n encled by the City Manager, the tender sulonitted by Castle Rock Construction Services Inc., in the an-cunt of $598,900.00, tax included, for the supply of all labour, materials and equipment neoessary to remove and replace the concrete floor slabs and brine system at the Lord Beaverbrock Arena and the Charies Gomran Arena, be accepted and further that the Mayor and Cor rTTm Clerk be authorized to sign the contract documents. 5.9 That as recommended by the City Manager, The City of Saint John exercise its option to purchase the Cat 930H loader presently on rental to the City and further that it accept the bid submited by the vendor, Atlantic Tractors and Equipment Ltd, to add the neoessary Wk Canhect c/mikig plavasserrbly, hydraulics and controls as required for a total purchase price, before taxes, of $204,945.68. 5.10 That as rec orrn encled by the City Manager, CaT mlon Caj-dl approve the fdloWng additions to the establishment of permanent positions for the City. 1) Planner-Managament/Professional Position 2) Planning Tedhnidan - Local 486 Position 3) Achiristrative Assistant - Local 486 Fbsition 5.11 That as rec orrn encled by the City Manager, CaT mlon Caj-dl: 1) authorize the Carnissioner of Finance to disburse to the Saint John Development Corporation 500/ocaf the costs incurred up to a m Ddrri m of $1,000,000, incurred on public space inprovenents in theV\bter Street precinct, inducting road and utility work, park and green space in orovenents and the extension of Harbour Passage; and further 11 94- CONMON COLMUCONSOL COMA AL MAY 11, 2009/LE 11 MAI 2009 2) aclToMedge that the Saint John Developrr ant Corporation shall disburse, at their ciscreticn, to the Saint John Fort Authority an anrcunt not to exceed $1,000,000 consistent v& the Menarandum of Pgreennent bet~ the Saint Jahn Development Corporation and the Saint John Fort Authoitywth respect to public space and pedestrian Mkway irrproverrents in and around the newause terminal asv\,ell as Ragsley Parts 5.12 That as recorrnianded by the City Manager, pursuant to and in accordance v& Clause 7 of its License v& LHIVDAdventures to operate a Horse Barn in RodwDod Park, The City of Saint Jchn hereby teminates sand License on May 31, 2010. 5.13 That as recorrnianded by the City Manager, ComTm C un it suckle the public hearing for the rezoning application of Comeau Madre Architecture (806 Menawaganish Road) for Mxnday, June 15, 2009 at 7.00 p.m in the Council Charrber, and refer the application to the Ranning Advisory Carnittee for report and recorrrrendation. 5.14 Refer to item 14.1 5.15 That as recorrniaxted by the City Manager, the report from Saint John Industrial Parks Ltd regarding the Griffin letter of March 30, 2009 be received for infarration. 5.16 That as rec orrnerxied by the City Manager: 1) ComTm Caxxil authorize staff to engage the Canada Ganes Aquatic Centre to provide lifeguard supervision at four City beaches in 2009, as outlined in the subnitted proposed at a cost of $95,000 plus HST, and that; 2) The City Solicitor be directed to prepare adl necessary docun ents, and that; 3) The Mayor and CmTn:)n Clerk be authorized to sign these doamiants. 5.17 That as rec orrnerxied by the City Manager: 1) The City of Saint John sell RD 53025,672-675 Ashburn Road to Clear MeN Mobile Hones Ltd under the terms and conditions contained in the su knitted draft Agreement of Purdhase and Sale v& the fdloWrig three provisions being added to the agreerriart: a) Provide the City Wth the opportunity to exanirhe title to rake any requisitions needed Wth respect to the property that is proposed to be exchanged; b) Requirer ent that proper transfers in registerable form be provided to the City, c) Provide further detail wth respect to the right of entry being given to the prospective purchaser of the City's property, including that they not enter upon the City's property until they provide the City Wth a certificate of insurance in the arric r t of $2 000 000 to indenrify the City as a result of any claims that night be nHade resulting from their entry onto the property prior to the City conveying it to them 2) Clear Mew Mobile Hams Ltd. be authorized to seek an arrendmant to the Unicpal Plan and apply for a rezoning of the sL4ect parcel; hm%ever C Tirron Council is not e) olidtly or inplictly obligated to approve any anandinent to the Municipal Ran or any rezoning; and 3) That the Mayor and Common Clerk be authorized to execute any docur ent required to effect this transfer. 5.18 Refer to item 14.2 Cn motion of Ca,ncillor Titus Seconded by Caxrcillor McGuire RESCUED that the rec arnenclation set out for each consent agenda item respectively wth the exception of items 5.14 Capital Reallocation Saint John Industrial Park; 5.18 Rxchase and Sale Agreerr ant for 1563 Rothesay Rd, Mich have been identified for cite, be adopted. Question being taken, the nrotionves carried 5. Qjestions sourises a I'approbation du canseil 5.1 RESCLU que la lettre presertee par laic Teed en date da 5 nai 2009 relative aux transports dautrefds de The City of Saint John, sat ac ceptee a titre infomlatif. 5.2 Que la lettre da ninistre H. Albert ccncerrait I'attribution dune subvention de 75 000 $ par le ninistere da Meux titre, da la Culture et da Spat a The City of Saint John, sat acceptee a titre irfarrr✓tif. 12 94- COMMON ©OLMUCONSBL CANNLAVAL MAY 11, 20OaU 11 MAI 2009 5.3 Cue la dernaxle sumse par Saint John 225 msant a se presenter clevarnt le ccnseil, sat transmise a la greffiere pour gJelle fixe we date cle presentation. 5.4 Cue la lettre cle W Debly ccncemant 1'expropriation cle terres clans le cadre cle la succession cle A.J. Debly, sat transn ise a I'avocat nwicipal. 5.5 Cue la Iettre cle Habitat for Hu Tmity, Saint Jdnn Rejon Inc. en date du 29 avril 2009 pour une clemande daicle finandere sat transmise au cirecteur general. 5.6 Que, came le reca mmncle le cirecteur general, The City of Saint Jdnn valicle la proposition faite par Saunders Equpmmnt Ltd. camennant la rerise a reed du tracterr 783 Traddess MT cle 1996 au coat cle 39 500 TVH en sus. 5.7 Que, oom -e le reca mmncle le cirecteur general, la scumission relative a la fourriture cle m teriel pour fax cle signalisatim pour une d rree cle deux ans sat acccrdee au scumissianrare rroinsrcisant dans dnaque cas, corm-e l'irdcV e le som 'dre des scumissions cijoint. 5.8 Que, oom -e le reca mmncle le cirecteur general, la scumission presentee par Castle Rock Ccnstnadicn Services Inc, au montart cle 598 900 taxes induses, relativerna t a I'approvisionnerrant cle la totalite cle la mein-dca.nme, du rrderiel, cle 1'equpemert necessaires pour la depose et le remplacerrent du system cle dalles en beton et du resew cle tuyaux cle saum rre a I'arena Lord Beaverbrook et a I'arena Charles Gomrn silt acceptee, et que le rreire et la geffiiere comunale silent autodses a signer Ies documents contractuels. 5.9 Que, oom -e le recammrde la cirecteur general, The City of Saint Jdnn exerce son option dadneter le diargeix Caterpillar 9301-1 que la Mlle Ioue actuellenfnt et qu'elle accepte la scumission presentee par le vexleu- Atlantic Tractors and Equpmant Ltd relativemant a 1'4cut des diasse-edge et ailerons a brandnerrent rapide, des installations hydrauliques et des unites cle ocntrde neoessaires au prix dadrat total cle 204 945,68 taxes en sus. 5.10 Que, oom -e Ie reoom mrde Ie cirecteur general, le cansdl omm d approuve I'Iout des elerrents seivarnts a 1'etablisserrent des posies m,nidpaux penTenents : 1) Urba isle- Poste de gestia*ofessionnel 2) Tednnicien en planification - Fbste a la section locale 486 3) Assistant administratif - Fbste a la section locale 486 5.11 Que, oom -e Ie reoom mrde Ie cirecteur general, le cansdl omm d : 1) autodse le con rissaire aux finances a verser a la Saint John Development Corporation, jusgJcancurence cle 1000 000 50 %cles depenses occasicnnb% daps le cadre des ameliorations appcrtees a 1'espace public clans la zane enviromante cle la rue Water, y ccnpds Ies travaux cle refection des routes et dutilite publique, les ameliorations apportees aux pares et aux espaces vets, et le prdange ent du Passage du port; 2) reconnait que la Saint John Development Corporation dolt ve ser, a sa ciscreticn, un mnntarit n'exceclant pas 1000 000 $ a I'Achiristration putuaire cle Saint Jdnn, et ce, en vertu du protoode dente7te qui Ies lie. Ce protoode de7tente porte su- Ies ameliorations appcrtees a 1'espace public et a la vile pietornniere, a l'intederr et autour du nouveau teminal cle c roisiere, et au parc Pugsley. 5.12 Que, oom -e le remmuride le cirecteur general, The City of Saint Jdnn en vertu du paragraphe 7 cle la licence qu le lie a LHVDAdve b res pour 1'exploitation dune ecuie a l'inWeLr du parc RodwDod, resilie Iacite licence le 31 mei 2010. 5.13 Que, oom -e Ie reoom mrde Ie cirecteur general, le cansdl omm d fixe Ia date cle I'audience publique relative a la dam-de cle rezcnage cle Con ew MacKenzie Arditedure (805, dnemin Manmagorish), au Iundi 15juin 2009, a 19 h, clans la sa lle du oonseil, et que la derrande silt scumise au Canite consultatif durbarisme aux fins cle presentation dun rapport et cle recormra ndations. 5.14 Vdr le point 141 5.15 Que, ocn7m le reoommmnde le cirecteur general, le rapport cle Saint Jdnn Industrial Parks Ltd. faisant seite a la Iettre cle Griffin clatee du 30 mars 2009 silt accepter a titre infom-atif. 13 94- COMM COLMUCONSOL COMML MAY 11, 2009/LE 11 MAI 2009 5.16 Que, c mm-e le recaTrTurde le cirecteur general : 1) le Conseil oonmrral autaise les errployes m nicpaux a reteir les services du Centre aquatique des Jeux du Canada afin cle fournir des sauveteu s sur les Pages municpales en 2009, cxm-e le souligie la proposition presentee, au ooct cle 95 000 TVH en sus; 2) I'avocat municipal sat dwge cle r6ciger toute cloe.rrrentation e>dgee; 3) le n-dre et le greFfier communal scent autorises a signer cette clocurnentation. 5.17 Que, c wm-e le recaTrTur e le cirecteur general : 1) The City of Saint John procede a la vente cle la parcelle cle terrain inscaite sous le NI D 53025 situee au 672-675, den in Ashburn, a Clear Mew Mobile Horns Ltd., sous reserve des moclalites prevues au projet cle convention dadad-vente presentee et des tras dispositions suvantes qu ont ete r4outees : a) permcttre a la Mlle dexaniner le titre afin gUelle posse traiter toute dwencle nbcessaire rdativement au men-farads qu est propose au titre cle I'edwW, b) exigence voulant que I'acte cle tra -dent passe en bonne et due fbm'e aux fins denregstrernant sat fou ni a la Ville; c) fournr des renseignenents supplem hires su- le drat de7tree accorde a I'acheteur pote7tiel cle la pr opriete appartenant a la Ville, notan rent le fait que oelu-c ne clct pas y p&&er avant davar founi un certificat das9xance au montant cle 2 000 000 $ a la Ville. L'assurance servira a inderrrriser cette derniere si une plainte est deposee suite a une infraction con7rise par I'acheteur, qui aurait p&OAre dais la propriete avant que Celle-d ne lui edt ete transferee par la Ville. 2) Clear Mew Mobile Hones Ltd. sat autaisee a presenter we derrBnde cle mocification du plan mAcipal et cle reoxa:p relativenent a lacite parcelle, rrais que le Conseil conTaxd n'ait pas l'obligation irrplicte ou exOicte dappro aver to ite mocification du plan municipal ou de rezonage; 3) le rraire et la greffiere oonTaxde scent autorises a signer toute la clocxxrertation exdgee afin cle ocndu-e lacite transaction. 5.18 Var le pant 142 Proposition du conseiller Titus Appcyee par le conseiller McGLire RESCLU que la recormrendation forn-ike relativaTBI a c1mc ure des questions sournses a I'approbation du Conseil, a 1'exdusion des points 5.14 Reattributim des fonds des parts industriels cle Saint Jahn, 5.18 Convention dachat-vente visant la propriete situee au 1563 cl-s in Rothesay, et qu ont ete selectiannes aux fins cle dscussicn, sat adoptee. A Tissue du vote, la proposition est adoptee. Council rrerrioers carmented on various c omuity events. C mmir taires presentes par les rrrmixes Les rrantres du conseil s'expt mmnt su- diverses activites cor Tarautaires 7. Prodamation 7.1 Police V\Iaek May 10th to May 16th The Mayor proda n-ed the Mek of May 1o?h to May 1oh, 2009 Pdice V\Isek in the City of Saint John. 7. Prodarnation 7.1 Semaine de la police du 10 au 16 rnai. Le n-dre declare que la sen-dr a du 10 au 16 n-d 2009 constitue la Ssn-dne de la police clans The City of Saint Jd-n. a Delegations/Presentafions 8.1 \lrbrant Conmr tries Saint John Referring to a subrritted presentation, TomGribbcn, Chair of Vibrant Cam-unities, updated Council with respect to Vibrant Comnnities Saint John and he responded to a variety of questions posed by Council mmniDes. 14 94- COMMON ©OLMUCONSBL COMMLAVAL MAY 11, 20OaU 11 MAI 2009 Cn motion of Ca ndllor McGuire Seconded byCa.ndllor5dlivan RESOLVED that Ca ndl suspend item 10.7 of the procedural by-IaAvforths item Question being taken, the motion was carried Cn rnction of Ca ndllor McGuire Seconded byCa,ndllor5dlivan RESCLVED that the neighborhood stimlation grant beginning in budget deliberation of 2010, be placed vvithin the capital item list. Question being taken, the motion was carried The Corrmssioner of Finance and the City Manager each stated that the prudent financial veay to proceed would be to utilize the Operating budget and not the Capital budget. Cn rnction of Ca ndllor McGuire Seconded by Ca,ndllor Titus RESCLVED that Ca ndl resdnd the fdlo ving resdution from its rreeting of May 11, 2009: RESOLVED that the neighborhood stirn latien grant beginning in budget deliberation in 2010 be placed vvithin the capital item list. Question being taken, the motion was carried Cn rnction of Councillor McGuire Seconded byCouxallor5dlivan RESCLVED that as policy, the City of Saint John vvill contribute no less than $150,000 to the five vulnerable neighbaxhoods in each of the next five years. Question being taken, the motion was carried Cn rnction of Ca ndllor Shcivan Seconded by Councillor McGuire RESCLVED the City Manager report back to Cam-on Candl vvith a recreation plan for the Saint John CmTTwity Centres inducting "look fors" to set e)pedations of citizens Ww they visit a camtnity centre. Question being taken, the motion was carried a Delegations et presentations 8.1 Collectivites vivarrtess dans Saint John Faisant reference a une presentation anterieure, Tom Gribbcn, president de Vibrant Cam-.pities, inform le eonseil des wises ajax ccreaTra l Vibrant Cam2nities Saint John et repcnd a diverses questions posees par le Conseil. Proposition du conseiller McGuire Appuiyee par le conseiller SUlivan RESCLU que le Conseil suspencle le point 10.7 de I'arete relatif au reglerrent interieur. A Tissue du vote, la proposition est adoptee. Proposition du conseiller McGuire Appuiyee par le conseiller SUlivan RESCLU que la subvention dalde au vdsinage, qui dolt faire I'o" de deliberations budgetaires en 2010, fig re sur la liste des elements a inscrire a I'actif. A Tissue du vote, la proposition est adoptee. 15 94- CONMON COLMUCONSOL COMA AL MAY 11, 2009/1-E 11 MAI 2009 Le cm rissaire aux finances et le directer r general ont tous les dews declare que la rraiere la plus s6re de proceder, dun pant de vue financier, est dutiliser le budget de)ocitation et non pas le budget din7mbilisations. Proposition du conseiller MoGire Appuyee par le conseiller Titus RESCLU que le Conseil arnr le la resaution suvante adoptee lors de la seanoe du Conseil du 11 n-d 2009: RESOLU que la subvention daide au vasinage, qui dot faire I'objet de deliberations budgetaires en 2010, fig re sur la liste des d6rrents a insaire a I'actif. A Tissue du vote, la proposition est adoptee. Proposition du conseiller McGuire Appuyee par le conseiller Sulivan RESCLU que, the City of Saint John ad #e came paitique I'attribution dun budget annuel ne depassant pas 150 000 $ aux anq quartiers vulnerables au cours des anq pros haines annees. A Tissue du vote, la proposition est adoptee. Proposition du omseiller Sullivan Appcyee par le ocnseiller Moire RESCLU que le directeur general presente un plan relatif aux lasirs au Conseil ccnTaxd concemrant les centres corri r unautaires de The City of Saint John. Ce plan con orendra les «criteres» perrm taint de determiner les attentes des cltoyens en maitiere de centre corri n eutaire. A Tissue du vote, la proposition est adoptee. 11. S.bnissions by Council Members 11.1 Legislative Changes to The City of Saint John Pension Ran (Deputy Mayor Chase) Cn motion of Deputy N yor Chase Seconded by Councillor Snook RESCL\ED that Council send a letter to the local MaTbers of the Legislative Assembly inquiring of their interest in putting forth a private mmiDer's bill to effect changes to the legislation for The City of Saint John Pension Ran; and father, that they provide Council with 1) the infaYretian required 2) the process to be undertaken; and 3) in general what their e)pectations are on this natter, and further, that Council requests that a response to this irncpiry be made in waiting on a date that is appropriate and timely. Respordng to a question from a Cox>cil Nlanioer\t& respect to when the proposed draft charges to The City of Saint John Pension Ran would be conpleted, the City Solicitor stated that he is hoping to have a final dot to present to Council by June 15, 2009. U Nugent rer arked that the very earliest that this nutter could be considered by the legislature wwuld be in the Fall of 2009. He continued by stating that generally private bills are not considered in the Fall, but they can be if the Standing Con rittee on Private Legislation chooses. Question being taken, the motion was camed with the Nbryor and Councillor Court voting nay. 11. Interventions des merrbres du Conseil 11.1 Mocifrcations Ioslatives relatives au regime de rdmke de The City of Saint John (moire suppleant Chase) Proposition du neire suppleant Chase Appuyee par le conseiller Snook RESCLU que le Conseil fasse parvenir une lettre aux maniores locawc de I'Assenlolee legislative afin deva uer leur degre dinteret Con0ernant ('introduction dun projet de la errenant des deputes destine a rrettre en came les modifications legislatives relatives au regime de retraite de The City of Saint Jchn; et que oes deniers fourrissent au Conseil les elements savants : 1) L'infan-Eition requse, 2) Le prookb a rrettre en came, et 3) En general, quelles sont 16 94- COMMON OOLMUCONSOL CANNLAVAL MAY 11, 20OaU 11 MAI 2009 leurs attentes a oat egard. 11 est par ailleus resdu que le Conseil claTende qLf une repcnse eoite a oette claTencle scit four ie a la date cpil jugera acceptable et en terrps opporh.n. En reponse a we question sculevee par l'un des r Tenures du ocnseil au sujet de la date a Iaquelle Ies modifications prelin inaires relatives au regirrre de retraite de The City of Saint John seront temii- es, I'avocait rrniciparl indique qLf it espere pouvdr presenter we version unitive au Conseil did au 15juin 2009. M. Nugent sculigne gu'aru plus tot, I'Assetrd6e legislative pcurra exariner oette question au ocurs de I'aiutorrre 2009.11 ajake que dhabitu,ide Ies projets de Id ne sort pas exarrines en aiutorrre, sau f si le ocn ite perrrment adopte u r-e Id dinteret prive. A Tissue du vote, la proposition est acceptee. Le n-dre et le conseiller Court votent oohtre la proposition. 11.2 Canprehensive Reviewolf Fire Services (Councillor Titus) Cn rrrition of Councillor Titus Seconded by Councillor McGuire RESCLVED that the City Mmager instruct the Fire Chief to conduct a comprehensive review of the Fire Protective Services that are currently being offered; and further the revievvshail produce various restrududngtrearlignm tint options, in priority, vvith the least consequences for reducing the current cost of providing service to our citizens, and further that the revievv exanine%onsider the consolidation of fire stations, integration of fire services, possible volunteer firefighters, a change in response policy, rrediical assistance calls, technological changes/initiatives and any other n>easu-e necessary to reduce costs; and further, the report, doe in August 2009, include howthe above vvill affect I.A.Q ratings and if this can be translated to fire prep iums for the average residentiail property in Saint John Question being taken, the motion w?s carried vvith Camcillos Court and Hggins voting nay. 11.2 nude exhaustive des services dirxendie (Conseil ler Titus) Preposition der conseiller Titus Appu.ryee par le eanseiller McGAre RESCLU que le cirecteu- general a d&Ter a au chef der service dincendie de proceder a un exarren couplet portant sur Ies services de protection qui sort actuellemant offerts en nhritiere dincendie, et qd, la suite de oette revision, des options de restruduration et de realignem ent devront titre etablies en pdoiite, sans que oela n'ait dinpact six 1'effort visant a redaire Ies ooC,ts lies a la prestaitian de services a nos clients. II est en o rtre resdu que,1'exaiTen porte sur le regro pen>?rt des caser % de pm-pier, I'eve ntuelle presence de saper rsrporrpiers vdontaires, la modification de la politique en mraitiere dinterventien, les appels dassistance npdicale, les changen ents et les initiatives en mratiere de technologie et toutes Ies mesu.rres pernmttant de recl ire Ies carts. De plus, le rapport qui dolt titre rendu en acCit 2009 devra indigLff en qud oe qui vient detre dx nce aura une incidence six Ies tax fixes par le GTA ainsi que Ies panes dassu rahce en incerxfe pour 1'habitation moyenne de Saint Jcm. A Tissue der vote, la proposition est acceptee. Les conseillers Court et Hggins votert oohtre la proposition. 11.3 Municipal Ownership of Derelict Property (Councillor McGuire) Cn rrrotion of Councillor McGuire Seconded by Councillor Snook RESCLVED that Councillor McGuire, in ciscu,issian vvith ProAndai Government officials, investigate Mether the rr nicipality could apply for a certificate of registered one-ship (pursuant to Land Titles Act) or a deed (pu.rsuant to the Registry Act) Mich would vest in the rr nicipaiity the fee single absolute or absolute auhership to the derelict property. Question being taken, the motion w?s carried 17 94- COMMON COLMUCONSOL COMML MAY 11, 2009/LE 11 MAI 2009 11.3 Fie nu icipaie corKaT arrt les proprietes abandom6es (c onseiller McGuire) Proposition dlu conseiller McGuire Appcyee par le conseiller Snook RESCLU que le conseiller McGuire, qui prend actuellennent part a des discussion avec les b-donnaires promndaux, nb-e une enclubte afin de deterrriner s'il est possible que la amicpalite fasse une cle m-da- de certificat pour une propriete ehregistree (en vertu de la Ld surfenVstre Bd facie) ou un acte de transfe-t (en vertu de la Ld suffenregistrerreM clans le but dattribuer a la mmicpalite la propriete inconditiannelle ou absclue de la propriete abandcnnbe. A Tissue du vote, la proposition est adoptee. 11.4 Vacant and Derelict &.ilcings; By-Law (Councillor McGuire) Cn motion of Camcillor McGuire Seconded by C uncillor Snook RESCUED that the City Manager assign Patrick Rods and Bill EJm rdls tojdn Carxillor McClure in the discussions \t& Provincial Governnant officials conoening the proposed Derelict Building B)~-LaNv Question being taken, the ruction was carried 11.4 Antte concmiarrt ies bdtiments vacarrts et abandorrrres (c onseiller McGuire) Proposition du conseiller McGuire Appcyee par le conseiller Snook RESCLU que le directeur general irfame PatrickV\bods et DII EJAards de sejdndre au eonseille- McGuire pour particper aux discussions aver les fonctiohnaires promncaux a propos du projet darrete concalia l les batimehts vacants et abanclornes. A Tissue du vote, la proposition est adoptee. 11.5 Position of Deputy Mayor (Councillor Killen) Cn motion of Councillor Nllen Seconded by C uncillor McGuire RESCUED that C bunch adopt as policy the fdloWng schedule for the position of Deputy Mayor. At-large Cc ncillor Wth the most votes to serve a term of one year as Deputy Maya-, in order (Vbrd 1 to Ward 4), the Councillor receiving the most votes in their respective wards to serve 9 months each as Deputy Mayor. Responding to a question from a Cax>GI mmnioer, the City Solicitor remarked that the Unicpalities Pot states that the Council of the Unicpality shall elect a Deputy Mayor. Nr. Nugent noted that he has not verified the record at % hich the most moat Deputy Maya was elected; hmever, he indicated that he expects that there was a call for nomnatiohs and a call for the vote, % hich would then be considered an election. Nr. Nugent stated that he was not certain if there is a provision in the Unicpalities Pct that would allowCandl to undue an election. Cn motion of Councillor Nllen Seconded by Cancilla Sullivan RESCUED that the subrritted motion from Councillor Nllen dated May 4, 2009, regarding the creation of a rotating schedule for the position of Deputy Mayor, be referred to the City Solicitor to allavfor the corncfitions to be outlined W-ereby a change of this type oculd be undertaken in preparation for the next election. Question being taken, the ruction was carried \t& Councillor Titus voting nay. 18 94- COMMON OoLMUCONSOL CANNLAVAL MAY 11, 200aU 11 MAI 2009 11.5 Poste de moire supplearrt (c onseiller Killen) Proposition du omseiller Nllen Appuyee par le conseiller McGAre RESCLU que le omsal adopte donne pditique le calendrier suivant pour le poste de n-dre &Wbant : Le ocnseiller general reoevant le plus de votes assurm le poste de mare suppleant pendant un an; vote par quartier (quartier 1 a quartier 4) - les conseillers recevant le plus de votes dens Ieu- quartier respectif assur ant le poste de n-dre &W6ant pendant 9 ribs c1mcun. En reponse a we question sculevee par un mmnioredu co nsal, 1'evocat m,nicipal indique que la Ld surles rrunidpalites precise que le conseil de la m nicipalite doit dire un rraire suppleant. M. Nugent rrentionne quil n'a pas verifie le dossier du denier mire suppleant elf it indique toutefas quil s'attend a ce gdil y ait eu un appal de rises en candidature et un vote, ce qu serait oansidere oam-e une election 11 agate 60amnt qu'il nest pas certain s'il eAste une disposition dens la Ld surles rrunidpalites qui perrret aU conseil dinposer une election. Proposition du conseiller Nllen Appuyee par le conseiller Sullivan RESCLU que la proposition scumse par le ocnseiller Nllen datee du 4 n-d 2009 ccrmmant la creation dun horaire sur rotation par le poste de rraire suppleant sat adnenin6e a I'avocat m xnicipal afin que Ies conditions scent sa.ligiees dens le cas eda un diangerrent de oe type serait entrepris aU ocurs de la preparatien de la prod-iaine election. A Tissue du vote, la proposition est adoptee. Le conseiller Titus vote oantre la proposition 11.6 Support of Local CBC Radio (Councillor Sullivan) Cn ruction of Ca.mcillor Sulivan Seconded by Councillor Titus RESCLVED that in support of Local CSC Rado, the Comma Caml of The City of Saint John send letters to our area MPs: Rodney V\bstan, Greg Thon pson and Rob Moore, along with the president of CBC, Hubert Lacroix, denancing the proposed cuts to local radio and supporting the continuation of prograrrrring at the current resource levels. Question being taken, the motion was carried 11.6 Appui a I'egard du reseau radio angiais local de la SRC (c onseiller Stllivan) Proposition du conseiller Sullivan Appuyee par le conseiller Titus RESCLU que le ccnsal damn -d de The City of Sala John envoie des Iettres a nos deputes Iocaux afin deppuyer le reseau radio "ads local de la SRC : Rodney V\bston, Greg Thonpson et Rob Moore, ainsi quau president de la SRC, Hubert Lacroix, pour derraxer les eon pures proposees a la radio locale et appuyer le n-dntien de la prograrrrrration aux riveaux actuels de ressources. A Tissue du vote, la proposition est adoptee. 14.2 Purchase and Sale Agreement for 1563 Rotinesay Rd Cn ruction of Ca,ncillor Sulivan Seconded by C uncillor McGuire RESCLVED that as recce mmnded by the Qty manw- 1) The City of Saint John purdna% 1563 Rothesay Road from Adam Douglas Blis-Herring and Alison Lym Blis-Herring in accordance \t& the temps and conditions contained in the Argmw-ent of Rrdna% and Sale subrritted the report (MSC # 2009-136), and futher 2) The Mayor and Common Clerk be authorized to execute ft necessary doeurrents. 19 94- CONMON COLMUCONSOL COMA AL MAY 11, 2009/LE 11 MAI 2009 Question being taken, the motion was camed \t& Ca ncillors Court, Farren and Figgins voting nay. 14.2 Comtention dachat-verrte Asarrt la propriete situee au 1563, chemin Fothesay Proposition du oonseiller Sullivan Appuyee par le ocnseiller McGuire RESCLU que, c cmTe le recorrnande le cirecteur general : 1. The City of Saint John aoquiere le 1563, chemn Rothesay appartenant a Adam Douglas Blis-Herring et ti Alison Lynn Blis-Hening conform eht aux modalites et aux conditions stipulees clans la convention dachat-ventejante au rapport (contrail n° NVC 2009-136); 2. le maire et la gieffiere ocmT unale scieht autorises a signer les documents ocntractuels necessaires. A Tissue du vote, la proposition est acceptee. Les conseillers Court, Fa-ren et Figgins votent oontre la proposition. 123 City Manager: Program Contribution Agreement - Erier-gy Efficiency Retrofit Programfor City of Saint John Facilities Cn motion of Ca,ncillor Titus Seconded by Councillor McGuire RESCL\ED that as recammi-ided by the Qty Merhage': 1) The City of Saint John enter into a Contribution Ag~eerrernt substantially in the Form as submitted \t& MSC 2009-127 \t& each of the Buildi rigs listed in Schedule "A' attached to said MSC 2009-127, subject to review and approval of the City Solicitor or his designate; and 2) The Ubyor and Common Qerk be authorized to sign the Contribution Ag~eayernt for each of the buildings listed in Schedule "A' attached to MSC 2009-127. Question being taken, the motion vvas carried 123 Directeu- general : Entente de cars ibution du progranTm - Prog ,iii de nrodemisation de I'effica&6 energe#ique des installations de The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller McGuire RESCLU que, oomYe le recaTTTur de le directe,r general, les propositions suivantes scieht adoptees : 1. The City of Sault John ccndue une entente de contribution fandarrientalaT ent telle qu'elle est presentee avec le oahtrat n° NVC 2009-127 avec chaoun des batiments e wt4-es dans I'annexe «A »jante au ledit eontral n° NVC 2009-127; sujet a 1'exarren et a I'approbation de I'avocat mxhidpal ou de son representant; 2. le maire et le geffie- ccnTx nail sdeht autorises a signer 1'entente de ocrtdbution pour chaoun des betin ents enurreres dans I'ahnexe «A» jdnte au ocrtre l n° M'C 2009-127. A Tissue du vote, la proposition est adoptee. 1212 City Manager: Provincially Designated Fighveys Inprovenrerrt Program (Rothesay Road - Clairmor t Street to Railroad Overpass) Cn motion of Caxhcillor Titus Seconded by Caxhcillor Sullivan RESCUED that Common Council authorize staff to utilize the available funding and to proceed \t& the tendering process for the Phase 1 reconstruction project on Rothesay Road bet~ Qaimmrht Street and the railroad overpass near B dMlle MerUaduring, as reccn-mended by the City Mer>W in the report entitled: Contract 2009-6 - Rothemy Road (Route 100) - Phase 1 (claim ornt Street to Railroad Overpass) Sanitary and Storm S,ener Installation and Road Reoonstwction Prow dally Designated Figh,Nays In-provaTient Program (NI&C2009-133). voting nay. Question being taken, the motionves camed \t& Councillor Figgins 20 94- COMMON ©OLMUCONSBL CANNLAVAL MAY 11, 20OaU 11 MAI 2009 1212 Directew general : ProganT ne dameliorafion des routes prWriciales designees (chenin R Ahesay- de la nae cla nix au passage sWMeur du dnerrin defer) Proposition du conseiller Titus Appu.iyee par le conseiller SUlivan RESCLU que le ocnseil oonTn r-d autorise le personnel a utiliser le financerr ent cisporible et a prnceder au processus dappel doFfres dens le cadre cle la phase 1 du projet de refection du cherrin Rothesay centre la rue Clairmont et le passage superieur du chemn cle fer pres cle Rockville Manufacturing came le recornnunde le directeur general clans le rapport concerns l le oontrat n° 2009-6 relativermnt au chemn Rothemy (route 100) pour la phase 1 (de la rue Clairmuft au passage su,petieur du chemn cle fer) relative a ('installation dun reseau degcuts pluvieux et sanitaires sun le cherrin Rothesay et a la refection cle oe denier clans le cadre du progra m-e damelioration des routes pr-cmndales designees (contrat n° M'C 2009 -133). A Tissue du vote, la proposition est adoptee. La oonseillere Hggins vote centre la proposition 1213 City Manager- 9, i Corner Phase 1 Rx*nsbWion Cn nmtion of Ca,ncillor McGuire Seconded by Ca,ncillor Farren RESCLVED that as reconTner>ded by the City Manager, Contract No. 2008-41: Sims Corner Phase I: Fedrville Bo.levarcl - Cathei~ Street to Lancaster Mall entrance, be warded to the lavtenderer, Galbraith Construction Ltd., at the tendered price of $2,815,958.19 as calculated based upon estini tied quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried 1213 Directew general :Phase 1 de la refection du coin Sin in Proposition du eonseiller McGuire Appuyee par le conseiller Farren RESCLU que, come le reconTmnde le directeu r general, le eortrat n° 2008-41, relatif a la phase 1 du can Simrs : ba ievard FainAlle- cle la rue Catherv~ a 1'entree du centre con7r ercial Lancaster- installation cle la oxrduite deau principale et des egouts pluviaux et refection cle la pronanade et cle la rue, sat acccrde au scurrissionnaire le n-dr disant, Galbraith Constructien Ltd, au prix saxrissiome cle 2 815 958,19 etabli a partir cle quantites estini Lives, et, cle plus, que le n-dre et la g affiere oc mTur-de scent au torises a signer Ies clocurrents ocntractuels neeessaires. A Tissue du vote, la proposition est adoptee. 16. Adjournment Cn nmtion of Ca,ncillor SUlivarn Seconded by Ca,ncillor McGuire RESCLVED that the unfinished items on the current agenda \tWl be favorded to the next meeting of Council on May 25, 2009, beginning in regular session at 5:00 R M. Question being taken, the motion was carried The Mayor declared the rreeting adjourned at 10:00 R M. 16. Levee de la seance Proposition du conseiller Sullivan Appu.iyee par le eanseiller McGuire RESaU que Ies pants non regles a I'orcre dujou r cle la prasente reunion scant reportes a la pDd-aine seance du Conseil tenue le 21 94- COMMM COLMUCONSBL CON ILA AL MAY 11, 2009/1-E 11 MAI 2009 25 rrai 2009, la reunion pr.blique orcinaire devant ddxiter a 17 h. A Tissue du vote, la proposition est adoptee. Le mare dedare que la seance est levee a 22 h The fdloving items forwarded to n eeting of Nf:y 25, 2009: 11.7 Employee CX estionnaire (Councillor Higgins) 11.8 Reduction in Remuneration for Bected Members (Councillor Higgins) 12 Business Matters - Municipal Officers 121 Cormion Clerk: Efficiency of Council Meetings 122 City Manager: Accessibility foratimns; Wth Disabilities 124 City Manager: 937 Hillcrest Road-Zoning By-Law\lydation 125 City Manager: 85 Hayes Avenue-Zoning By-Law\lrolation 126 City Manager- City of Saint John VBbsite 127 City Manager- St. Joseph's Hospital Foundation 128 City Manager: Stop Up and Close of Mitchell Street 129 City Manager: Presentation-Reversing Falls Master 1211 City Manager- An Accountability Framework for The City of Saint John 1214 City Manager- Public Irfornm ion Session Pipeline Road Vest Water Transmission Main Les points suivants sent reporter a la seance du 25 n-d 2009. 11.7 CXmtionnaires des employes (conseiller Higgins) 11.8 Reduction de la remuneration des membres elus (c onseiller Higgins) 12 Affaires nwicipales evoquees par les fonctionnaires rrnicipaux 121 Greffiere c ommunale : Efficacite des reunions du conseil cormnrmi 125 Directeu- general : Accessibilite des atoyens hancicapes 124 Directeu- general : 937, cherrin Hil lcrest - Infractions a I'anete de zonage 125 Directeu- general : 85, avenue Hayes- Infractions a I'arrete de zonage 126 Directeu- general : Site Web de The City of Saint John 127 Directeu- general : Fondation de I'hopital St. Joseph 128 Directeu- general : F ermeture et barrage de la rue Mitchell 129 Directeu- general : Pr 6senta ion - Ran damenagement des dxates reversibles 1211 Directeu- general : Cadre red ition nel de The City of Saint John 1214 Directeu- general : Seance dirfomhation publique relative a la conclu to Beau principale du dnenin Pipeline Ouest 13. Corrrrittee Reports 13.1 Saint john Paridng Commission: ecoMlobility Agreement - Fuzing from TranSport Canada 13. Rapports deposers par les corrites 13.1 Comrission su- le statiornnerrent de Saint John : Entente relative au progranrrne ecoMOBILITE- Financerrent de Transports Canada 14. Consideration of Issues Separated from Consent Agenda 14.1 Capital Reallocation Saint John Industrial Parks 14. nude des sujets ecartes des questions sourrises a I'approbation du conseil 14.1 Reattribution des fonds des pares industriels de Saint John 15. General Correspondence 15.1 Canada Day Countdown Request to Appear Before Council 15.2 New Brunswick Police Association Request to Present 22 94- COMMON ©OLMUCONSBL COMAVAL MAY 11, 20OaU 11 MAI 2009 Nbyor/n-dre C m-on ClerWgeftre corrrr mie 23 REPORT TO COMMON COUNCIL 1 June 2009 His Worship Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: LOCAL 18 GRIEVANCE 03-10-06 (Employees Termination) BACKGROUND The above noted grievance was heard at a meeting of the Committee of the Whole of the Common Council in May of 2006. The grievance was denied and this was communicated to the Local 18. Pursuant to Article 12:07 of the Collective Agreement, Local 18 has referred this matter to arbitration. ANALYSIS Under the terms of Article 12:07 of the Collective Agreement, the employer is required to appoint a nominee within 10 days of a referral to arbitration. Given the seriousness of this matter and the financial implications, the appointment of an experienced board member is critical. William B. Goss Q.C. has vast experience as a labour lawyer and has represented many employers at arbitrations. His experience and knowledge of the law would make him most suitable in this instance. Mr. William B Goss, Q.C. has provided a brief resume and this is attached. INPUT FROM OTHER SOURCES The nominee was discussed with the Commissioner of Municipal Operations and the City Solicitor and both concur with the appointment. 24 RECOMMENDATION It is recommended that Common Council appoint William B. Goss as the employer's nominee to the board of arbitration referred to in correspondence received from Local 18 dated May 22, 2009 (copy attached). Respectfully sjubmitted, 25 Terrence L. Totten, FCA City Manager i M William B. Goss, Q.C. Partner Education: University of New Brunswick (B.A., 1972) University of New Brunswick (LL.B., 1974) London School of Economics, University of London (LL.M., 1976) 26 Canadian Union of Public Employees - J - - - -r' Syndicat canadien de la fonction publique SAINT JOHN AREA OFFICE 208 Lancaster Avenue, Saint John, NB E2M 2K9, (506) 635-1622, Fax: (506) 635-1624 cupe.ca scfp,ca s May 22, 2009 Via fax: 632-6120 (original to follow) Mayor Ivan Court and Councilors City of Saint John City of Saint John PO Box 1971 Saint John NB E2L 4L1 Dear Mayor Court and Councilors: Re: CUPE Local 18 - Keith Rowe - Unjust Termination Grievance 03-10-06 Please be advised that CUPE Local 18 wishes to proceed to arbitration on the above noted grievance pursuant to Article 12:07 of the Collective Agreement. The union's nominee for this Board is: Ralph McBride, CUPE National Representative 208 Lancaster Avenue Saint John NB E2M 2K9 Phone: 635-1622 Fax: 635-1624 Please advise Mr. McBride of your nominee. Upon the naming of same, he and your nominee will be asked to name an arbitrator. I trust the foregoing is satisfactory, and should you have any inquiries please contact me at my office 635- 1622. Yours truly, P'.7;6 . -y" James St~, CUPE National Representative cc: Terry Totten, Manager City of Saint John John McIntyre, Director of HR City of Saint John Michael Meahan, Pres. CUPE L18 1 Stephen Bernard, Secretary, CUPE L18 JS:ph«COPE-491 F: L18 Grievances - Keith Rowe PAUL MOIST - National President 1 President national C LAUDE GN£UX National Secretary-Treasurer / Secrdlalre-trdsorier national ARIO GERVAIS - TOM GRAHAM - RICK MACMILLAN - BARRY O'NEILL - PATRICK (SID) RYAN - General Vice-Presidents I Vice-presidents g6n6raux ~ R01 27 M&C-2009-157 May 27, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 899 Grandview Avenue 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 frill applications are available in the Common Cleric's office and will form part of the documentation presented at the public hearing. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Chris & Natalie 899 Grandview "R-113" "RM-1" To permit a MacKenzie Avenue rooming house RECOMMENDATION: That Common Council schedule the public hearing for the rezoning application of Chris & Natalie MacKenzie (899 Grandview Avenue) for Monday, July 6, 2009 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development KF/r Terrence Totten, F.C.A. City Manager 28 M & C - 2009-156 June 1, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Residential Infrastructure Assistance 53 1401 Manawagonish Road ANALYSIS: On May 7, 2001, Council approved the establishment of a program to assist developers with the installation of services for residential developments. The following application has been received and qualifies for assistance as set out in the program guidelines: Annlicant Location # and Type Estimated of Units 2008 Assistance Matt Cleghorn/ 1401 Manawagonish Rd 12 garden homes $72,000 Cleghorn Builders & Renovators/ 639752 NB Inc. The actual amount of assistance provided will depend on the actual service costs experienced, and the phasing of the development. RECOMMENDATION: It is recommended that Common Council approve Residential Infrastructure Assistance for the Manawagonish Road Garden Homes development at 1401 Manawagonish Road, with an estimated expenditure of $72,000. Respectfully submitted, hen Forrest, MCIP, RPP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development 29 A . .~.......w,,. /lcant . ! Infor ation Name of Applicant Mailing Address of Applicant rjr Postal Code, Telephone `s Hrrr Drys. ~ ~s~ Fax. Development Info Name of Development K Location 1'1 ' fi't' t' , Name of Property Owner (if different) fl arlrn .'-'u% w'as' of Owner I /„jr~I Postal Code NBGIC Nature of Housing Development Proposed (plans enclosed) Y, 110,04,v (l. ar a~ ir- a~~"p w. Signg, ?of AA') ~ dt Date„" 30 M & C -2009-154 May 29, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: SALE OF PORTION OF CROWN STREET (Pending approval of Street Closure) to 640610 N.B. LTD. BACKGROUND: Common Council, at its meeting of May 25, 2009 considered a report (M & C 42009-138) and adopted the recommendation to initiate the process of stop-up and closure of a 126 square metre portion of the Crown Street right of way. The Public Hearing is to be held at the June 15, 2009 meeting of Common Council. The property identified as PID 4 55196950 is a 1,235 square metre parcel of RM- IF (Multiple Residential In Fill) zoned land which is ready for re-development. This property was formerly identified as PID 4s 00011742 and 55163885. 640610 N.B. Ltd. recently bought these two parcels, demolished the two buildings thereon, and consolidated the two parcels into one parcel creating the new PID 4 55196950. The owners of this land intend to redevelop it with a residential townhouse use under its existing zoning. City Engineering has no objection to the closure and subsequent sale of this 126 square metre portion of Crown Street, to enhance the development potential of PID 4 55196950. ANALYSIS: Historically, the City has sold these stopped-up and closed streets for minimal land value plus administrative costs. Council has suggested that the City should be demanding a land value more indicative of market value. The negotiated sale price reflects the above. The cost of the survey work and the advertising costs have been added to the land value to arrive at the sale price. The proponent is in agreement, having signed the attached Offer of Purchase and Sale document. If ,rd Council proceeds with 1 Reading for the street closure of the subject property, the recommendation contained in this report will facilitate the sale of the land. 32 RECOMMENDATION: That in the event the 126 square metre ± portion of a public street known as Crown Street is stopped-up and closed, The City of Saint John sell its freehold interest in this 126 square metre parcel to 640610 N.B. Ltd. for $10,000.00 plus HST (if applicable) in due course, subject to the conditions in the Offer of Purchase and Sale attached to this report. 2. That the Mayor and Common Clerk be authorized to sign any documents required to finalize the transfer. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Pw/p 33 1 ~ br ~ 1 ^ sl ,w 1 i .;~,t t I.s ~Ii ~~i 51r 'I,P~ W ktsrt sll A-5 J 1 m 's 1§ ~y CO eN% r Vtt~,rJ11 r ~i L1yy Wits rv s"", Sara C~ it, Iss } ~ s l M~ alrtl r J Ik'1 m~ 14S 1~`~~~ it &Ir rMY 1 f)C'et h ~ t ~ I W 3tt~ VINO X16 4 `.b~ 'r ~ _~,ft? k s 3'~ ~ 5r s 11 k^~U~ Af! `a ~1 urn enq t D4 R it = 'K closed Stopped-UP 196950) - _ ,v~ Street to 55 n. Port~,on of Cr1 ner ('I.1) # ply ~ t ,~ro~,rn street and 1)escr'9f%on o to to ''~j~` n Corn'~r Of for ir'Q~°s~aAddress'- Street r princess 200 I)ate' 140 ty I P20- A 34 .1 i 2 93.5 300 2 536 325 Umoib UA%01:) . z z u t N N r r h if [tit L Nam gal g 35 2 935 275 2 939 300 2 M 375 sift MV~. till N w V J A a s Offer of Purchase and. Sale Portion of Crown Street Right-of-Way (if .stopped-up and closed) In the event that the 122 square metres triangular portion of Crown Street shown as Parcel A on the plan attached hereto and marked Schedule "A" ( hereinafter called "Parcel A" is stopped-up and closed, 640610 N.B. Ltd. hereby offers to purchase from The City of Saint John its fee simple interest in said Parcel A for the sum of $10,000.00 plus HST (if applicable). As part of the transaction, The City of Saint John is responsible to. 1. Prepare and pay for the public advertisement notifications that are required to satisfy the procedural regulations, prior to the consideration by Common Council to stop-up and close Parcel A; and, 2. Prepare and pay for the survey plan required for the process to stop-up and close Parcel A. 640610 N.B. Ltd. is responsible for the following: 1. Any administrative document or any other associated administrative or registration costs that are required to secure their interest in Parcel A; and, 2. A deposit in the form of a certified cheque payable to the City of Saint John in amount of $3,000.00 must be received by the City of Saint John, no later than Friday, March 20, 2004. In the event the said portion of Crown Street is not stopped-up and closed, the deposit minus the cost of advertising will be returned to 640610 N.B. Ltd.; and, 3. To prepare and pay for the survey plan required to consolidate Parcel A, PID #'s 55163885, and 00011742 into a single PID # on or before the closing of the transaction contemplated herein. This offer is irrevocable bythegPuurchaser, and is also subject to Common Council approval. We 1h twb 566 duly authorized representatives of 640610 N.B. Ltd. here ake t e offer contained herein. 1 ~ v lure OZ~5ignatur~/ u Signature Data/ Date f r Date The City of Saint John hereby accepts the Purchaser's Offer contained herein and has caused these presents to be executed this day of .2009. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 36 SCHEDULE "A" 4P ? a~oa,~uaaa s ~ M kf goo 4 ~ 8a0 All 0a yr ~a _s S3 as Ul rr'. ~fi4 q '~bdb ~ -01 8k ca C 4~1 i , i s 6 ~~~tit~p ca ~r r, r rue tt 1 pAkc v .4 3g t9 ah3 t? 2C~ L ~tA,r 37 M & C - 2009-150 May 29, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Consulting Services Assisting the Planning and Development Department BACKGROUND Common Council will recall that the Planning and Development Department has been utilizing the services of Dillon Consulting for a number of months to assist with the large volume of current planning applications being received by the City. In the months since this relationship was established, Common Council allocated new resources to the Department in the 2009 Operating Budget to hire additional planning staff Two planners have been hired but only one has joined the team at this point. The team has also been significantly impacted by a recent retirement and an employee who is ill and is only able to work half-time. As a result, there are fewer human resources in the Department to deal with current planning applications during this construction season than there were last year. Despite the media coverage about a Canadian and international recession, there is little evidence to suggest that Saint John has been significantly impacted by the financial troubles elsewhere from a development perspective. In fact, the volume of planning applications is tracking at levels very similar to what was experienced in 2008 and the Department continues to require outside assistance to provide timely review of applications. In addition to the large volume of current planning applications, two major applications to amend the Municipal Plan and rezone property are currently under review by Planning staff The City is working with Irving Oil to finalize the planning applications necessary to permit the development of the Eider Rock oil refinery and the Irving corporate headquarters at Long Wharf. These applications are extremely complex and require very specific planning expertise and a significant time commitment beyond what can be provided by the Department's current staff complement. As a result, appropriate outside expertise has been identified to assist in the review of these applications. 38 Report to Common Council Page 2 Mav 29, 2009 To assist with the Eider Rock application, IPS Consulting from Edmonton, Alberta has been engaged to assist in some preliminary work associated with the refinery proposal including the planning approvals and the City's participation in the environmental impact assessment process. The lead consultant with IPS is both a land use planner and an engineer and he specializes in the planning of heavy industrial development with particular emphasis in the oil and gas sector. It is anticipated that IPS will work with the Commissioner of Planning and Development to finalize the details of the Eider Rock application and then assist the City with the analysis of the proposal including the preparation of the professional planning report which will be submitted to the Planning Advisory Committee and Common Council. The Irving proposal at Long Wharf is the first major building to be constructed in the area subject to the Inner Harbour Land Use Plan. The proposal requires significant amendments to the City's Municipal Plan and the negotiation of appropriate amendments to the Zoning Bylaw to permit the construction of the project. To ensure that the Long Wharf project is consistent with the Inner Harbour Plan, staff have engaged the authors of the Plan, Urban Strategies from Toronto, Ontario, to provide some initial help with the details of this application. The Planning and Development Department lacks the human resources necessary to provide the comprehensive analysis necessary to evaluate this proposal, particularly given that Irving would like this proposal to move forward as quickly as possible. The Commissioner of Planning intends to work closely with Urban Strategies to ensure that the City's interests are advanced during the municipal approvals process for this application. DISCUSSION The 2009 development season is well underway. The Planning Department continues to require additional contracted human resources to deal with the volume of current planning applications being received and to provide the level of review necessary to ensure that appropriate recommendations are forwarded to PAC and Common Council for the Eider Rock and Long Wharf proposals. As a result, staff are seeking the approval of Common Council to engage professional planning consultants as follows: Day-to-Day Current Planning - Dillon Consulting was the only firm with professional land use planners in their Saint John office. In the very near friture, Terrain Group will be adding a planner to their local office as well. As a result, it is recommended that the City continue its relationship with Dillon Consulting of Saint John and be permitted to explore the establishment of a relationship with Terrain Group of Saint John to provide professional land use planning services on an "as required" basis to ensure timely review of applications submitted for municipal planning approvals. Contracted resources are only utilized when the Department 39 Report to Common Council Ma-,T 29, 2009 Page caseload exceeds the capacity of our own staff It is estimated that the City will expend an additional $40,000 for the remainder of 2009 to meet current demand. Eider Rock Application - That the City continue its relationship with IPS Consulting from Edmonton, Alberta to provide specific expertise with respect to planning for heavy industrial development generally and the Eider Rock refinery specifically. It is estimated that an additional $40,000 beyond the $25,000 currently budgeted will be required to move the Eider Rock application through the municipal approvals process. Long Wharf Application - That the City continue its relationship with Urban Strategies from Toronto, Ontario to provide specific expertise with respect to the Long Wharf application and the requisite amendments to the Municipal Plan and the Zoning Bylaw. It is estimated that an additional $30,000 beyond the $25,000 currently budgeted will be required to move the Long Wharf application through the municipal approvals process. FINANCIAL IMPLICATIONS The funds required to engage this professional planning expertise are available within the 2009 Community Planning Division operating budget given the salary saving associated with the delays being experienced in securing additional staff within the Division. RECOMMENDATION It is recommended that Common Council authorize the Planning and Development Department to: Continue its relationship with Dillon Consulting of Saint John and direct staff to explore the establishment of a relationship with Terrain Group of Saint John to provide professional land use planning services on an "as required" basis to ensure timely review of applications submitted for municipal planning approvals. It is recommended that Common Council permit the expenditure of an additional $40,000 from the existing Community Planning 2009 budget envelope to secure these services. 2. Continue its relationship with IPS Consulting from Edmonton, Alberta to provide specific expertise with respect to planning for heavy industrial development generally and the Eider Rock refinery specifically. It is recommended that Common Council permit the expenditure of an additional $40,000 from the existing Community Planning 2009 budget envelope to secure these services. 40 Report to Common Council Mav 29, 2009 Page =4 Continue its relationship with Urban Strategies from Toronto, Ontario to provide specific expertise with respect to the Long Wharf application and the requisite amendments to the Municipal Plan and the Zoning Bylaw. It is recommended that Common Council permit the expenditure of an additional $30,000 from the existing Community Planning 2009 budget envelope to secure these services. Respectfidly submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager 41 "t "0 COU 1", '71 L M & C 2009 - 158 May 28, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Design and Construction Management: Installation of Variable Frequency Drives (VFD'S) and Standby Diesel Generator at Lancaster Lagoon BACKGROUND The 2009 Water & Sewerage Utility Fund Capital Program includes projects for the installation of Variable Frequency Drives (VFD'S) and a Standby Diesel Generator at the Lancaster Lagoon Wastewater Treatment Facility. The projects include funding necessary to engage engineering design and constriction management services to complete the following: • Preliminary investigation and data collection, • Preliminary design, cost estimates and design report, • Detailed design and specifications preparation, • Constriction management and inspection services, • Software & Hardware programming and commissioning and, • Record drawings in digital and hard copy format. PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. 42 M & C2009 - 158 May 28, 2009 Page 2 ANALYSIS On April 16, 2009 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Ralph Smith Engineering Inc. In response to this request, Ralph Smith Engineering Inc submitted a proposal on May 14, 2009. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the Lancaster Lagoon projects. A Review Committee consisting of the following staff completed an analysis of the submission: • Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering • Kevin Rice, C.E.T. Operations Manager -Environmental Protection • Brent McGovern, P.Eng. Deputy Commissioner, Saint John Water • David Logan, CPPB Purchasing Agent/Manager, Materials and Fleet Management • Samir Yammine, P.Eng, C.E.M. Energy Manager, Buildings & Inspection Each member completed an independent review of the submission and, subsequently, a Review Committee meeting was held to jointly discuss the information presented in the Ralph Smith Engineering proposal. The price contained in the proposal was also evaluated by the Committee and staff negotiated with Ralph Smith Engineering to settle on an acceptable consultant's fee to submit to Council for approval. The submission from Ralph Smith Engineering Inc met all of the requirements of the request for proposal in a manner acceptable to the Committee, with a cost effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work for Ralph Smith Engineering Inc to provide design and constriction management services is $106,449 including the City's eligible HST rebate based on an estimated 16 week constriction management period. An amount of $725,000 was included in the 2009 Water & Sewerage Utility Fund Capital Programs for design, constriction management and constriction. Engineering fees to cover the cost of design and constriction management generally do not exceed 12-17% of the total overall project cost, depending on the nature of the project and the 43 M & C2009 - 158 May 28, 2009 Page 3 engineering services required. This upset fee is approximately 14.7 % of the total overall project cost, which is considered appropriate for this type of project. POLICY - ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M&C 2009-65 to conduct negotiations for the engagement of an engineering consultant for this project. As identified in M&C 2009-65 the costs incurred by the consultant will be paid in accordance with the Association of Professional Engineers and Geoscientists of New Brunswick schedule of suggested fees for engineering services, as per Section 3 fee basis "A": time based. The Constriction Management component of this project fee is based on an estimated constriction period. The final fee will be calculated based on the actual constriction management period. RECOMMENDATION It is recommended that the proposal from Ralph Smith Engineering Inc for engineering services (design and constriction management) for the installation of Variable Frequency Drives (VFD'S) and Standby Diesel Generator at Lancaster Lagoon be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 44 M & C 2009- 159 May 28, 2009 11 - m "0 ~I ~ ~ His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: III,. LA' u: iia Juhn SUBJECT: Engineering Design Services: Marsh Creek Drainage Basin - Piped Stormwater Diversion System BACKGROUND The approved 2009 General Fund Capital Program includes a project for the Preliminary Design and Cost vs. Benefit Analysis for the Marsh Creels Drainage Basin - Piped Stormwater Diversion System project. The project includes the funding necessary to engage engineering services to complete the following: ■ Site Surveys, Preliminary Investigation and Data Collection, ■ Preliminary Design, Cost Estimates and Design Report, ■ Cost vs. Benefit Analysis and, ■ Environmental Approvals PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for this project. ANALYSIS On March 16, 2009 (M&C 2009-65) Common Council approved a recommendation authorizing staff to conduct the necessary negotiations with Terrain Group to carry out the Preliminary Design and Cost vs. Benefit Analysis for the Marsh Creek Drainage Basin - Piped Stormwater Diversion System project. On April 20, 2009, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Terrain Group. In response, Terrain Group submitted a proposal on May 4, 2009. 45 M & C 2009-159 May 28, 2009 Page 2 A Review Committee consisting of the following staff completed an analysis of the submission: ■ Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering ■ John Campbell, P. Eng. Municipal Engineer ■ Dave Logan, CPPB Purchasing Agent / Manager, Materials and Fleet Management Each member completed a review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the Terrain Group proposal. The price contained in the proposal was also evaluated by the Committee and staff negotiated with Terrain to settle on an acceptable consultant's fee to submit to Council for approval. The submission from Terrain Group met all of the requirements of the request for proposal, in a manner acceptable to the committee, with a cost-effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from Terrain Group to provide engineering design services is approximately $439,045 including the City's eligible HST rebate. An amount of $500,000 was included in the 2009 General Fund Capital Program for this component of the engineering design services. POLICY - ENGAGEMENT OF ENGINEERING CONSULTANTS Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M&C 2009-65 to conduct negotiations for the engagement of an engineering consultant for this project. As identified in M&C 2009-65 the costs incurred by the consultant will be paid in accordance with the Association of Professional Engineers and Geoscientists of New Brunswick schedule of suggested fees for engineering services, as per Section 3 fee basis "A": time based. RECOMMENDATION It is recommended that the proposal of Terrain Group for engineering design services for the Preliminary Design and Cost vs. Benefit Analysis for Marsh Creek Drainage Basin - Piped Stormwater Diversion System be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfidly submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering 46 May 26, 2009 Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: SUBJECT: RETIREMENT ON THE ORDER OF COUNCIL This is to advise that the Board of Trustees of the City of Saint John have advised the City that after having followed all appropriate processes the following resolution was adopted. "Resolved that employee #4199 be paid a pension in accordance with the terms of the Heart & Lung Aet effective May 22, 2009. " In calculation of the employee's entitlement, a portion comes directly from the pension fund provided that he meets the necessary criteria. The portion of his entitlement from the Pension Plan is governed by Section 12(1) of the Plan which states; "A member is eligible for a reduced pension if: a. He has not reached the age of 65. b. His age plus years of service is not 85 or greater c. He is within 10 years of normal retirement on the order of Council (in other words he is less than 55 years old and Council approves his retirement)." This particular employee has over 30 years of service but has not reached the age of 55. In other words, in order for the Pension Plan to pay its portion of his entitlement Council is required to adopt the following resolution. RECOMMENDATION: Be it resolved that employee #4149 be retired on the Order of Council as per Section 12(1)(d) of the City 9,f Saint John PensWii Act. 47 CITY MANAGER M&C 2009 - 160 May 28, 2009 11 - m "0 ~I ~ ~ His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: III,. LA' u: iia Juhn SUBJECT: Public Information Session Rothesay Road (Route #100) - (Clairmont Street to Railroad Overpass) Sanitary Sewer, Storm Sewer and Road Reconstruction Municipal Designated Highways Improvement Program PURPOSE The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Rothesay Road project and to update Council on the status of the project. BACKGROUND The approved 2009 General Fund and 2008 Water & Sewerage Utility Fund Capital Programs include projects for the design and reconstruction of Rothesay Road between Clairmont Street and the railroad overpass near Brookville Manufacturing that includes: • Installation of a new sanitary sewer and storm sewer. • Road reconstruction, including excavation, backfill, concrete curb and sidewalk, landscaping, paving and bike lanes. ANALYSIS Staff looks forward to the tender closing on June 30, 2009. Construction could begin shortly thereafter (depending on contractor schedules) and would continue until the end of October 2009. Work would then recommence in the Spring of 2010 with an anticipated completion date of July 31, 2010. This is a major project that will impact the local area during construction. For this reason, it would be appropriate to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session is scheduled to be held at the Saint James the Less Anglican Church, 1760 Rothesay Road on Wednesday June 10, 2009, from 2-4pm and 6-8pm. This report 48 M&C ?009 - 160 May ?8, ?009 Page 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 notice (copy attached) 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 Terrence L. Totten, F.C.A. City Manager Attachment 49 r:b The C by of Sa rut John May 28, 2009 PUBLIC INFORMATION SESSION ROTHESAY ROAD (CN OVERPASS TO CLAIRMONT STREET) ROAD RECONSTRUCTION The City of Saint John will be reconstructing the Rothesay Road from the CN Overpass to Colony Road. The road reconstruction project will include a new storm sewer, curb, sidewalk and asphalt road surface with an allowance for a bike lane. A new Sanitary Sewer installation is also included from the CN Overpass to Clairmont Street. The project is expected to begin in July, 2009 and will continue until the end of October 2009. Work will recommence in the spring of 2010 with an anticipated completion date of July 31, 2010. Prior to construction, another notice will be distributed to inform residents and business owners of the actual start date. For further details, a public information session will be held: Date: June 10, 2009 Place: St. James the Less Anglican Church, 1760 Rothesay Road Time: 2:00 p.m. - 4:00 p.m. and 6:00 p.m. - 8:00 p.m. Interested residents and business owners are invited to attend anytime during these hours. For fi rther information about this project, contact: City of Saint John Customer Service at (506) 658-4455 or James D. Flogeras at (506)-658-2934. JU Saint John Parking Commission Commission sur le stationnement de Saint John May 25, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: Request To Make Presentation Parking in the South-Central Peninsula 11111 Floor, City Hall, 11i6me t1age, H6tel de Ville P.O. Box 1971 1 C.P. 1971 Saint John, N.B./N.-B. E2L 41-1 Tel 1 T6I: (506) 656-2897 Fax/ T616copieur: (506) 649-7938 E-mail / Courriel: parking@saintjohn.ca The Saint John Parking Commission requests an opportunity to make a presentation to Common Council regarding the results of the recent review of parking in the South-Central Peninsula at the meeting of Monday, June 22, 2009. Respectfully submitted, Christop itus Chairman Saint John Parking Commission www.sa0John.ca . I. ally I: P „ l ally ,.,y o . 01 mm1 U . . May 29, 2009 Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: EASEMENT AGREEMENT IN FAVOUR OF NEW BRUNSWICK HOUSING CORPORATION RE: MARKET SQUARE It has recently been determined that certain aspects of the electrical infrastructure which services Market Square and the adjacent properties is in need of an upgrade. At the outset, Council is advised that the costs of this required upgrade is not the responsibility of the City, however for the work to be carried out it is necessary for the City of Saint John, along with a number of other parties, to execute an Easement Agreement in favour of the New Brunswick Housing Corporation. In summary, transformers and high voltage switch gear, presently located in an electrical room in the parking garage are in need of replacement. At the same time, a 15,000 volt supply cable which is routed along the low ceiling in the garage to oil filled transformers has to be replaced. The Hardman Group, New Brunswick Housing Corporation and Saint John Energy, have a plan to deal with both issues. The solution is to relocate replacement transformers outside of the garage on above ground pads. The result of all this work will be improved continuity of service to all portions of the complex, improved safety and adherence to codes. RECOMMENDATION: That the Mayor and Common Clerk be authorized to execute an Easement Agreement in favour of the New Brunswick Housing Corporation as reviewed by the Legal Department and found on this evening's agenda. RespB t' lly su tted, Terrence L. Totten, PCA CITY MANAGER Attachment 52 May 26st, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors Re: Land based data communications between City Hall and Remote sites for the City of Saint John and the Saint John Police Force PURPOSE The purpose of this report is to recommend approval by Council for the Master Service Agreement (CN-0807-8441) between the City of Saint John and Bell Aliant Regional Communications ("Aliant") related to the provision of land based data communications between City Hall and remote sites for the City of Saint John. ANALYSIS The City of Saint John has many remote sites that require a reliable data and fast computer network connectivity to City Hall and the enterprise Data Center. The majority, 14 (including 7 Fire Stations, 3 Municipal Works Sites, 1 Leisure Services head quarters, and 1 Police Station), have many users trying to access large data files and databases. Prior to September 2008 these sites were connectted to City Hall via Aliant's Broad Band (ABB) service. However, there were 3 major issues with this service: Aliant is phasing out the ABB service. 2. No long term service agreement or cost schedule in place for the current service. 3. User's bandwidth demands are quickly exceeding the current network capacity and showing no sign of abatement. To address these issues the Information Technology team (IT) evaluated a number of solutions, the preferred solution has been identified as Aliant Ethernet (AE). This solution provides a 10 fold increase in network capacity, improved reliability, and leverages a provincial agreement. In addition, by leveraging the Provincial Standing 53 offer and signing a three (3) year contract, there will be zero net increase of the City's operating budget for land based data communications and zero capital expenditure. To qualify for these discounts we are required to sign a 3 year service agreement. The Master Services Agreement and Aliant Ethernet Services Schedule is attached under separate cover. INPUT FROM OTHER SOURCES These documents have been reviewed by the City's legal department. RECOMMENDATION: It is recommended that the Mayor and Clerk be authorized to sign the contract for service as attached. Respectfully submitted, Ian MacKinnon Information Technology Manager Terry L. Totten F.C.A. City Manager 54 55 Agreement Number: CN-0807-8441 MASTER SERVICES AGREEMENT This Agreement is between Citv Of Saint John (the "Customer") AND BELL ALIANT REGIONAL COMMUNICATIONS, Limited Partnership ("Aliant"). For valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. SERVICES a. Provision of Services: The Customer requests and Aliant shall provide to the Customer, in Aliant territory, the services described in each schedule (the "Services Schedule") attached to this agreement (the "Services") on the terms and conditions set out in this Agreement and the Services Schedules (collectively with any Equipment Schedule (as defined in Section 1(d)), the "Agreement"). b. Reaulated Services: All or some of the Services provided hereunder may be subject to regulation by the Canadian Radio-television and Telecommunications Commission (the "CRTC") from time to time. The CRTC shall regulate such Services through applicable tariffs, decisions, directions or orders approved by the CRTC (collectively, the "Tariffs"). In the case of such regulated Services, the following shall apply: i. Any Service to which Tariffs currently apply or which becomes subject to Tariffs, as required by the CRTC, is required to be provided and shall only be provided in compliance with and subject to all applicable Tariffs. The Tariffs will prevail over any provision of the main body of this Agreement or the Services Schedule. Aliant may amend the Tariffs, including the fees for such regulated Service, from time to time with the approval of, or as required by, the CRTC. iii. Those Services in relation to which the CRTC has formally withdrawn from actively regulating price and service terms and conditions are referred to as "Forborne" services. If the CRTC decides that a Service will no longer be subject to a Tariff, in its entirety or by certain exchanges, then the Forborne Service shall be provided in accordance with the terms and conditions of this Agreement, except for the rates of such Forborne Services, which shall be subject to the terms set out in the applicable Services Schedule. c. Standalone Services Schedules: The pricing, terms and conditions set out or referenced in this Agreement are not dependent on the Customer subscribing to any Tariffed service offered by Aliant or its affiliated entities. The Customer may terminate the Services Schedule under Section 4, independently of any Tariffed service the Customer receives from Aliant or its affiliated entities. 2. FEES a. Fees: The Customer shall pay the fees, Termination Fees (as defined in Section 4(a)) (if applicable), Under- Utilization Fees (as defined in Section 2(d)) (if applicable) and capital, development or installation costs (if any) that apply to each Service (the "Fees"). b. Taxation: i. Prices quoted are exclusive of Sales and Use Taxes. Customer shall pay to Bell Aliant all Sales and Use Taxes required to be paid in connection with the Services. The invoice shall separately identify and set out the amount of each of the Sales and Use Taxes Aliant is charging and collecting. If Aliant charges the goods and services tax, its invoices shall set out and contain all information prescribed and required under the Excise Tax Act (Canada) and the Input Tax Credit Information Regulations. If Aliant charges the Quebec Sales Tax, its invoices shall set out and contain all information prescribed and required under the Quebec Sales Tax Legislation and the Input Tax Refund Regulations. ii. Aliant warrants its GST Number is 86014 7925 RT, its QST Registration Number is 1212175753 TQ. iii. To the extent, equipment and services purchased are in a PST Province, Aliant will separately identify taxable from non taxable items and levy the appropriate PST. iv. Customer shall pay all applicable Sales and Use Taxes invoiced by Aliant. v. Neither party shall be liable for taxes assessed upon the other party's net income, however, if required by Treaty or otherwise, the Party responsible in accordance with such Treaty, shall withhold from any amounts payable to the other the amounts it is required to withhold and will assist the other party from obtaining any Master Services Agreement Version 1.4-0807-8441 b Page 1 of 8 December 15, 2008 56 n, Agreement Number: CN-0807-8441 credits for the amounts withheld from payments. Both parties shall upon request from the other make reasonable commercial efforts to furnish the other with such evidence as may be required by the applicable taxing authorities to establish that any such withheld amount has been paid. vi. "Sale and Use Taxes" means all commodity taxes, including but not limited to, all sales, retail, use, goods and services, value added, excise and similar taxes imposed, levied or assessed by any Government Authority now in force or enacted in the future including penalties and interest, other than taxes in the nature of a tax on income or capital. c. Pavments: Customer shall pay all invoices for Fees and Taxes on the invoice date. Invoiced Fees and Taxes are subject to a late payment charge at the rate specified in the invoice, which rate may vary from time to time, calculated from the invoice date, if not paid within 30 days of the invoice date. d. Minimum Commitment: The Customer agrees to the minimum commitment levels for billing, volume or usage, if any are set out in the Services Schedule (the "Minimum Commitment"), for each month, year or other period of time specified in that Services Schedule as the period in which a Minimum Commitment applies (the "Minimum Commitment Period"). If the Customer does not meet a Minimum Commitment during the relevant Minimum Commitment Period, the Customer shall pay to Aliant the under-utilization charges set out in the Services Schedule (the "Under-Utilization Fees"). e. No Withholdina. Deduction or Set-Off: Customer shall not withhold or deduct any amounts from, or set-off amounts owed by Aliant to Customer against, any amounts invoiced by Aliant for Fees and Taxes. f. Credits: The Customer shall notify Aliant within 60 days of the date of the applicable invoice, of any charges that should not have been billed or that were over-billed. If Aliant confirms that those charges should not have been billed or were over-billed, Aliant will credit the Customer for those charges. 3. TERM a. The term of the main body of this Agreement (the "Agreement Term") will begin on the later of the date it is signed by the Customer and the date it is signed by Aliant. It will expire or terminate on the date that the Initial Service Term (as defined in Services Schedule) of the last Services Schedule falling under the Agreement expires or terminates. b. Term of Each Services Schedule: Each Service will be provided for the period set out in the Services Schedule (the "Initial Service Term"). c. Early Provision of Services: If Aliant begins work to provide any Service, or if Aliant delivers any Service, before the start of the Agreement Term or the Initial Service Term, all work and services provided by Aliant before either of those dates will be considered to have been provided under all of the terms and conditions of this Agreement including the Services Schedule. d. Renewal Term(s): Unless the Customer or Aliant gives a notice to the other as described in Section 3(e), the Services Schedule will automatically be renewed at the end of the Initial Service Term on the same terms and conditions for the consecutive renewal period(s) set out in that Services Schedule. If no renewal period is set out, it shall be equal to the period of the Initial Service Term. Each renewal period described above is defined as a "Service Renewal Term". The Initial Service Term and any Service Renewal Term(s) are collectively referred to as the "Service Term". Aliant may change the Fees for a Service Renewal Term by providing the Customer with at least 60 days advance written notice of the change before the end of the then current Initial Service Term or Service Renewal Term, as the case may be. e. Notice of Non-Renewal: Either party may send to the other party a written notice, at least 30 days in advance of the expiration of the Service Term, that it does not intend to renew the Services Schedule. As a result, that Services Schedule will expire and the Services provided under it will be terminated at the end of the Service Term. TERMINATION a. Early Termination by Customer: Customer may terminate a Service it has requested under the Services Schedule ("Terminated Service") at any time before the end of the Service Term by giving notice of termination to Aliant at least 30 days before the proposed early termination date. If Customer terminates a Service under this Section, the Customer shall pay to Aliant all Fees and Taxes due for the Terminated Service up to the date of termination. Customer shall also pay to Aliant i. 100% of the reasonable out-of-pocket expenses that Aliant incurs or will incur in connection with its contractual arrangements with the Aliant Providers (as defined in Section 12(a)), and ii. the termination charges specified in the relevant Services Schedule, or if not specified, an amount equal to 50% of the remaining monthly Fees for the Terminated Service that would have been payable to the end of the Service Term (collectively, the "Termination Fees"), plus Taxes on the Termination Fees. Master Services Agreement Version 1.4-0807-8441 b Page 2 of 8 December 15, 2008 57 n, Agreement Number: CN-0807-8441 The Termination Fees are liquidated damages and consideration for the Services, and are not a penalty. b. Termination for Cause: Either party may terminate this Agreement or the Services Schedule by giving notice in writing to the other party, upon the occurrence of any of the following: i. the other party materially defaults with respect to a material obligation under this Agreement or the Services Schedule and does not remedy that default within 30 days after receiving written notice of the default. Customer's failure to pay any invoiced Fees or Taxes when due is a material default with respect to a material obligation. If Aliant materially defaults with respect to a material obligation in the provision of a Service, Customer shall only be entitled to terminate the Services Schedule for that Service: or ii. the other party enters into a compulsory or voluntary liquidation, or compounds with or convenes a meeting of its creditors or has a receiver appointed over all or any part of its assets or takes or suffers any similar action in consequence of a debt, or ceases for any reason to carry on business. Aliant has certain additional rights of termination provided in Section 6(b). c. Charaes Pavable: On the termination of this Agreement or the Services Schedule for any reason, all payments required to be made to Aliant by the Customer under the Agreement or that Services Schedule, as applicable, shall be due and payable immediately. If Aliant terminates this Agreement or the Services Schedule under Section 4(b)(i) or (ii), the Customer shall in addition pay to Aliant, Termination Fees. Termination of the Services Schedule or this Agreement shall not relieve the Customer from any liability, including amounts owing, which accrued before the termination is effective. Customer is not required to pay Termination Fees if Customer terminates this Agreement or the Services Schedule under Section 4(b). d. Additional Termination Riahts: There may be additional rights of termination for a Service set out in the Services Schedule. ALIANT PROPERTY All material, equipment and software provided by Aliant including any equipment or software set out in the Services Schedule, and any other equipment, including fiber optic cable, patch panels, transport conductors and switching equipment, used in the provision of the Services ("Aliant Provided Equipment") shall at all times be and remain the exclusive property of Aliant or the Aliant Providers, wherever located. Customer acknowledges it has no right, title or interest in or to any IP address assigned to the Customer. Aliant may, on reasonable notice to the Customer, change that IP address. Aliant is not obligated to notify any other party of a change to the Customer's IP addresses. 6. CUSTOMER OBLIGATIONS a. Obliaations: In addition to any other obligations of the Customer under this Agreement, the Customer shall: i. not resell or remarket any Service for commercial purposes under the terms and conditions of this Agreement. If Customer wishes to resell or remarket the Services Customer shall enter into a separate written wholesale agreement with Aliant; be responsible for the supply (including obtaining necessary licenses and authorizations), installation and maintenance of any equipment or software other than the Aliant Provided Equipment (the "Non- Aliant Equipment") at each site listed in the Services Schedule, if applicable, that is necessary to receive the Services, and ensure that the Non-Aliant Equipment is installed, maintained and stored in a manner and an environment that conform to the manufacturer's specifications and any specifications provided by Aliant, and is compatible with the Aliant Provided Equipment; iii. provide all necessary infrastructure, including power outlets, grounding and anti-static environments required for the safe and efficient operation and maintenance of the Aliant Provided Equipment in accordance with the specifications of Aliant or the Canadian Standards Association as applicable; iv. ensure at all times that the Aliant Provided Equipment is stored in a manner and in an environment that conform to relevant specifications provided by Aliant; v. permit Aliant or the Aliant Providers prompt and safe access to Customer's premises so they can perform Aliant's obligations under this Agreement or maintain, disconnect, change, replace or remove the Aliant Provided Equipment; vi. be responsible for the loss of or damage to the Aliant Provided Equipment except if caused by the negligence or willful misconduct of Aliant or the Aliant Providers; vii. be responsible for use of the Services by any of its employees, officers, directors, agents and its end users (collectively, "End Users"), and take all necessary measures to ensure that the End Users use the Services in accordance with the terms and conditions of this Agreement; Master Services Agreement Version 1.4-0807-8441 b Page 3 of 8 December 15, 2008 58 n, Agreement Number: CN-0807-8441 viii. comply and cause its End Users to comply with (A) the internet acceptable use policy attached to the Services Schedule (as may be amended by Aliant from time to time) for any internet-based Service if the Customer is receiving that Service; and (B) any third party software license terms and conditions for software used by the Customer and/or its End Users in connection with the use of the Services. ix. Not tamper with, alter or otherwise rearrange the Services; x. not use or abuse the Services, or permit or assist others to do so in any manner that interferes with the Services or the provision of them, or the networks of Aliant or any Aliant Provider or access to those networks by other users; or A. not use or abuse the Services, or permit or assist others to do so for any purpose or in any manner that directly or indirectly violates applicable laws or any third party rights. b. Failure to ComDIV: i. Aliant is not liable for any failure to provide the Services in accordance with this Agreement that results from Customer's failure to comply with any of the obligations set out in Section 6(a). ii. Also, if a Customer's failure to comply with any of the obligations in Sections 6(a)(i), and (iii)-(xi) materially adversely affects Aliant's or the Aliant Provider's networks, the Services or other customers' ability to receive services from Aliant, Aliant may take all actions which it reasonably considers necessary to address that material adverse affect. These actions could include immediate suspension of or restriction on the use of the Services. Aliant may terminate this Agreement and/or terminate or suspend all or any Services upon 5 days written notice if Customer breaches Section 6(a)(i) or materially breaches 6(a)(A). 7. SERVICE OBLIGATIONS a. Service Commitments: Aliant shall provide each Service in accordance with this Agreement, including the Services Schedule, and any service level agreements that may be specified in that Services Schedule. b. Riahts and Remedies: All of Customer's rights and remedies relating to Aliant's failure to meet a service level agreement, including credits, refunds or rights of termination, are set out in the relevant Services Schedule. If there is no service level agreement for a Service, Customer shall be entitled to receive any refunds or credits that may be set out in the Services Schedule for service interruptions. These rights and remedies are subject to the limitations of liability set out in Section 8 and are the only remedies for Aliant's failure to meet a service level agreement or for a service interruption. c. Disclaimer: Customer acknowledges that Aliant does not warrant uninterrupted or error-free Services, or the content, availability, accuracy or any other aspect of any information including all data, files and all other information or content in any form, accessible or made available to or by the Customer or its End Users through the use of the Services. During a Service Term, Aliant may migrate a Service to an alternative service or technology as long as the alternative service or technology provides similar functionality as the Service. The definition of "Service" includes the alternative service. Aliant shall not be responsible if any changes in the Services affect the performance of equipment, hardware or software other than Aliant Provided Equipment (as defined in Section 5) or cause it to become obsolete or require modification or attention. Aliant shall provide the Customer with 60 days notice of any such change. Customer acknowledges that Aliant may interrupt the Services, from time to time and as may be specified in the Services Schedules, in order to provide maintenance in respect of the Services. d. WAIVER: THE WARRANTIES PROVIDED IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES AND CONDITIONS. THE CUSTOMER WAIVES ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AVAILABILITY OR RELIABILITY OF THE SERVICES. LIMITATION OF LIABILITY a. LIABILITY FOR DIRECT DAMAGES: EXCEPT FOR DAMAGES ARISING FROM BREACH SECTION 9(c), ALIANT'S AND THE ALIANT PROVIDERS' TOTAL CUMULATIVE LIABILITY FOR DAMAGES, EXPENSES, COSTS, LIABILITY OR LOSSES (COLLECTIVELY, "DAMAGES") ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES UNDER THE SERVICES SCHEDULE, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ALIANT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, IS LIMITED TO DIRECT, ACTUAL, PROVABLE DAMAGES AND WILL IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE TOTAL AGGREGATE MONTHLY FEES (LESS ALL DISCOUNTS AND CREDITS) PAID BY THE CUSTOMER FOR THE SPECIFIC SERVICE(S) THAT GAVE RISE TO THE DAMAGES DURING THE THREE MONTH PERIOD BEFORE THE EVENT GIVING RISE TO THE DAMAGES. LESS AMOUNTS PAID FOR PREVIOUS CLAIMS. IF ANY. Master Services Agreement Version 1.4-0807-8441 b Page 4 of 8 December 15, 2008 59 n, Agreement Number: CN-0807-8441 b. NO LIABILITY FOR CERTAIN DAMAGES: ALIANT AND THE ALIANT PROVIDERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF SERVICES UNDER THE SERVICES SCHEDULE (INCLUDING LOST PROFITS, ANTICIPATED OR LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR ANY THIRD PARTY CLAIM), WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF ALIANT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. ALIANT AND THE ALIANT PROVIDERS ARE NOT LIABLE FOR, AND CUSTOMER SHALL BE LIABLE FOR, (1) THE USE OF THE SERVICES PROVIDED BY ALIANT IN COMBINATION WITH SERVICES, PRODUCTS OR EQUIPMENT PROVIDED BY THE CUSTOMER OR ANY THIRD PARTIES, (11) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, (111) CUSTOMER'S OR ANY OF ITS END USER'S USE OF THE SERVICES OR TRANSMISSION OF THE CONTENT (AS DEFINED IN SECTION 10), OR (IV) CLAIMS AGAINST ALIANT BY CUSTOMER'S END USERS IN CONNECTION WITH THE SERVICES. c. FUNDAMENTAL BREACH: SECTION 8 OF THIS AGREEMENT SHALL APPLY EVEN IF THERE IS A BREACH OF CONDITION, A BREACH OF AN ESSENTIAL OR FUNDAMENTAL TERM, OR A FUNDAMENTAL BREACH OF THIS AGREEMENT. d. LIMITATIONS FAIR AND REASONABLE: CUSTOMER AGREES THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT ALIANT WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE CUSTOMER'S AGREEMENT TO LIMIT ALIANT'S AND THE ALIANT PROVIDERS' LIABILITY IN THE MANNER, AND TO THE EXTENT, PROVIDED FOR IN THIS SECTION. CONFIDENTIAL INFORMATION a. Definition: "Aliant Confidential Information" means any data, documentation or other information of a proprietary nature of Aliant, whether or not identified as being confidential or proprietary, which is disclosed or made available to Customer in connection with the negotiation, preparation or performance of this Agreement and the design, installation, delivery or implementation of the Services, including pricing information, service levels and network design specifications. Aliant Confidential Information excludes any data, documentation or other information which is i. in the public domain, ii. known to the Customer prior to receipt thereof from Aliant, or iii. available to the Customer on a non-confidential basis from a source other than Aliant, if that source or its source is not in breach of any obligations of confidentiality to Aliant. b. Customer Obliaation: Customer agrees to take such care to protect the confidentiality of the Aliant Confidential Information as would be taken by a reasonable party to protect its own confidential information from disclosure and, except as required by law or to carry out its obligations or receive the Services under this Agreement, Customer agrees not to use or disclose the Aliant Confidential Information without Aliant's prior written consent. c. Aliant Obliaation: Unless Customer provides express consent or disclosure is pursuant to a legal power, all information kept by Aliant regarding the Customer, other than the Customer's name, address and listed telephone number, is confidential and may not be disclosed by Aliant to anyone other than: i. the Customer; ii. a person who, in the reasonable judgment of Aliant, is seeking the information as an agent of the Customer; iii. another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; iv. a company involved in supplying the Customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; v. an agent retained by Aliant to evaluate the Customer's creditworthiness or to collect the Customer's account, provided the information is required for and is to be used only for, that purpose; or Master Services Agreement Version 1.4-0807-8441 b Page 5 of 8 December 15, 2008 60 n, Agreement Number: CN-0807-8441 vi. a public authority or agent of a public authority, if in the reasonable judgment of Aliant, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. d. Express Consent: Express consent to disclose information kept by Aliant regarding the Customer may be taken to be given by the Customer where the Customer provides: i. written consent; ii. oral confirmation by an independent third party; iii. electronic confirmation through the use of a toll-free number; or iv. electronic confirmation via the Internet. e. Written Consent: In accordance with Section 9(d) above, Customer consents to Aliant (i) disclosing Customer's information to Aliant's affiliates for the purpose of identifying Customer's communications needs and to provide Customer with relevant information, advice, and solutions; (ii) disclosing Customer information to the CRTC as required for the CRTC to approve any filings related to the Services; (iii) disclosing Customer information as provided in Section 10; and (iv) disclosing the Customer's name and the particulars of this Agreement in public announcements or documents and marketing and promotional materials ("Public Releases"). Customer also agrees to provide Aliant with testimonials at Aliant's request for use in Public Releases. 10. CONTENT Customer acknowledges that Aliant does not own or have any control over the content, availability, accuracy or any other aspect of any information, data, files, pictures or content in any form or any type (collectively, the "Content") accessible or that may be available to or by the Customer or its End Users through the use of the Services. Aliant does not monitor the use of the Services by the Customer or its end users, unless monitoring is provided as part of a Service and explicitly set out in a Services Schedule, and has no control over the Customer's or its End Users' use of the Services. However, Aliant will be entitled to electronically monitor the Services from time to time and disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. 11. FORCE MAJEURE If there is a default or delay in a party's performance of its obligations under this Agreement (except for the obligation to pay Fees), and the default or delay is caused by circumstances beyond the reasonable control of that party including fire, flood, earthquake, elements of nature, acts of God, explosion, power failure, war, terrorism, revolution, civil commotion, acts of public enemies, law, order, regulation, ordinance or requirement of any government or its representative or legal body having jurisdiction, or labour unrest such as strikes, slowdowns, picketing or boycotts, then that party shall not be liable for that default or delay, and shall be excused from further performance of the affected obligations on a day-by-day basis, if that party uses commercially reasonable efforts to expeditiously remove the causes of such default or delay in its performance. 12. GENERAL PROVISIONS a. Performance of Obliaations: Aliant may perform its obligations under this Agreement through its affiliates, agents, partners, suppliers or subcontractors (the "Aliant Providers"), but Aliant shall not be relieved of its obligations by using the Aliant Providers. b. Entire Aareement: Amendment: This Agreement is the entire agreement between the Customer and Aliant with respect to the subject matter, and supersedes all prior agreements, understandings, commitments, undertakings, representations, negotiations and discussions on the subject matter, whether written or oral. There are no conditions, agreements, representations, warranties or other provisions, express or implied (including through course of dealing), collateral or otherwise, relating to the subject matter of this Agreement, which induced either party to enter into this Agreement or on which either party places any reliance, other than those set forth in this Agreement. If the Customer issues a purchase order or other document for the Services, it will be considered to be for the Customer's internal use only and any provisions contained in it shall not amend or be used to interpret this Agreement. This Agreement shall not be amended other than by an instrument in writing signed by both parties. c. Enurement: This Agreement shall bind and enure to the benefit of Aliant and the Customer and their respective successors and permitted assigns. d. Assianment: Neither party may assign this Agreement without the prior written consent of the other party, not to be unreasonably withheld. However, without the other party's consent a party may assign this Agreement to a present or future affiliate of that party, but an assignment by Customer shall be contingent upon Aliant determining the Customer's affiliate to be creditworthy and in compliance with any eligibility Master Services Agreement Version 1.4-0807-8441 b Page 6 of 8 December 15, 2008 61 n, Agreement Number: CN-0807-8441 criteria for the Services. Aliant may also assign any receivable that arises under this Agreement, any right to receive payment related to that receivable and any interest in that receivable or right to receive payment. e. Governina Law: This Agreement shall be governed by and interpreted according to the laws in force in the Province where the Customer's place of business set out above is situated, and the laws of Canada that apply in that Province. If that place of business is not one of the Atlantic Canadian Provinces, then this Agreement shall be governed by and interpreted according to the laws in force in the Province of Nova Scotia and the laws of Canada that apply therein. The parties attorn to the exclusive jurisdiction of the courts of the applicable Province in respect of all matters arising out of or in connection with this Agreement except CRTC regulatory matters. For CRTC regulatory matters the parties attorn to the jurisdiction of the federal courts or tribunals of Canada.. f. Interaretation: In this Agreement, the headings are for convenience of reference only and shall not affect its construction or interpretation. If there is any conflict between the terms of the main body of this Agreement and the Services Schedules, the terms of the main body of the Agreement shall govern unless otherwise expressly provided in writing in a Services Schedule. g. Currencv: Unless otherwise specified in a Services Schedule, all dollar amounts referred to in this Agreement are expressed in Canadian dollars. h. Waivers: No waiver of any provision of this Agreement shall bind a party unless consented to in writing by that party. No waiver of any provision of this Agreement shall be a waiver of any other provisions, nor shall any waiver be a continuing waiver, unless otherwise expressly provided in the waiver. i. Notice: All notices provided for shall be given in writing and delivered by personal delivery, prepaid first class registered or certified mail or by facsimile. Notices delivered by facsimile shall be considered to have been received upon the sender obtaining a bona fide confirmation of such delivery. The address for notice shall be (i) for the Customer, the address to which Aliant sends the Customer's invoices; and (ii) for Aliant, to the business address and attention of the Aliant sales representative for the Customer. Customer shall notify Aliant of a change in its billing address and any change in its corporate name or any business or trade name used in connection with the Services. j. Severabilitv: If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the other provisions of this Agreement shall not be affected or impaired, and the offending provision shall automatically be modified to the least extent necessary in order to be valid, legal and enforceable. k. Survival: The following Sections of this Agreement shall survive termination or expiration of a Services Schedule or this Agreement: Sections 2 (Fees and Invoicing), 4(d) (Termination - Charges Payable), 5 (Aliant Property), 6 (Customer Obligations), 7 (Service Obligations), 8 (Limitation of Liability), 9 (Confidential Information), and this Section 12(k). 1. Counteraarts: This Agreement may be signed in one or more counterparts, each of which shall be considered an original and all of which, taken together, shall constitute one and the same instrument. m. Lanquage: The parties have requested that this Agreement and all correspondence and all documentation relating to this Agreement be written in the English language. Les parties aux presentes ont exige que la presente entente, de meme que toute la correspondance et la documentation relative a cette entente, soient redigees en langue anglaise. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by its General Partner Bell Aliant Regional Communications Inc. CUSTOMER City Of Saint John SIGNATURE: NAME: Master Services Agreement Version 1.4-0807-8441 b Mayor Name Common Clerk Name Page 7 of 8 62 December 15, 2008 n, TITLE: DATE: Agreement Number: CN-0807-8441 Resolution Date: DATE: Master Services Agreement Version 1.4-0807-8441 b Page 8 of 8 December 15, 2008 63 Master Agreement Number: CN-0807-8441 l'Agreement Number: CN-0807-8442 ALIANT ETHERNET SERVICES SCHEDULE Customer Name: City of Saint John (the "Customer") The services described in this Aliant Ethernet Services Schedule (the "Services Schedule") are provided in accordance with and governed by the Master Services Agreement between the Customer and Bell Aliant Regional Communications, Limited Partnership ("Aliant"). Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement and is governed by its terms and conditions, with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined in this Services Schedule have the meanings given to them in the Master Services Agreement. For the purposes of this Services Schedule, references to the "Agreement" shall include both the Master Services Agreement and the Services Schedule. 1. TERM a. Initial Service Term: The Initial Service Term shall be effective as of 1st day January 2009, (the "Effective Date") and shall continue until the end of a three (3) year period from the Effective Date (the "Initial Service Term"). b. Service Renewal Term: Upon expiration of the Initial Service Term, and unless either party informs the other with thirty (30) days prior written notice of non-renewal, there shall be consecutive Service Renewal Terms each equal in length to one (1) month. c. Use of Service bevond Service Term: If a party has sent a notice of non-renewal but the Customer for any reason continues to receive the Services after the expiry of the Initial Service Term or final Service Renewal Term, the terms and conditions of the Agreement including this Services Schedule shall continue to apply for so long as the Customer receives the Services, except that the Fees shall be the month-to-month fees for the Services in effect. 2. SERVICE a. Descriation of Service: Aliant Ethernet is available with the following access configurations and options: Fiber Access: (1) Access Port Bandwidth: 10Mbps, 100Mbps and 1000Mbps (2) Transport Ingress Quality of Service ("QoS") Options: Burstable, Sustained, Premium (3) Transport Ingress Rating: Metropolitan Area Network ("MAN") and Wide Area Network ("WAN") (4) Transport Bandwidth: Burstable - 10Mbps and 100Mbps, Sustained and Premium - 1 Mbps, 2Mbps, 5Mbps, 10Mbps, 20Mbps and custom bandwidth greater than 20Mbps ii. DSL Access: (1) Burstable QoS Ingress Bandwidth: 386Kbps, 512Kbps, 1.5Mbps, 3.OMbps and 4.OMbps (2) QoS Options: Sustained and Premium iii. TDM (T1/Bonded T11 Access: (1) Burstable QoS Ingress Bandwidth: 386Kbps, 512Kbps, 1.5Mbps, 3.OMbps and 5.OMbps (2) QoS Options: Sustained and Premium Aliant Ethernet Services Schedule Version 1.Opnbb-0807-8442a Page 1 of 4 December 15, 2008 64 Afian(--) - Master Agreement Number:. CN-0807-8441 Agreement Number: CN-0807-8442 3. FEES a. Fees Schedule i. The Customer shall pay to Aliant fees for Aliant Ethernet Services (the "Fees") on a monthly and/or one time basis, as set out in Tables 1, 2, 3 and 4. ii. There shall be no installation fees charge by Aliant for work done during the transition services performed during 2009 iii. Prices listed in this Services Schedule are exclusive of Sales and Use Tax. Table 1 Fiber Ports Acces- Quantity Monthly Fees One Time Bandwidth Fees 10 Mbps 11 $560 each 100 Mbps 2 $660 each 1000 Mbps 2 $1400 each TOTAL $10,280 Table 2 Fiber Access Transport Ingress Location ID Location Address 1-Fire Station 2 842 Loch Lomond Road Saint John 00/ L O DA/429925/009/A L N T/000 2-Fire Station 4 36 Courtney Avenue, Saint John 00/ L O DA/429925/007/A L N T/000 3-Fire Station 5 35 Adelaide St., Saint John 00/ L O DA/429925/006/A L N T/000 4-Fire Station 6 286 King St., West Saint John 00/ L O DA/429925/010/A L N T/000 5-Fire Station 7 41 Manchester Ave., Saint John 00/ L O DA/429925/008/A L N T/000 6-Fire Station 8 600 Millidge Ave., Saint John 00/ L O DA/429925/005/A L N T/000 7-City Transit 951 Fairville Blvd, Saint John 00/LODA/429925/011 /ALNT/000 8- Parks 171 Adelaide St., Saint John 00/ L O DA/429925/014/A L N T/000 9- Police North 344 Somerset St., Saint John 00/ L O DA/429925/015/A L N T/000 10-Planning 50 Carleton St., Saint John 00/ L O DA/429925/019/A L N T/000 11- Operations/Works 175 Rothesay Ave., Saint John 00/ L O DA/429925/013/A L N T/000 MAN WAN Ingres! Quantity Bandwidth Monthly fees Bandwidth Monthly Fees (Mbps) (Mbps) Burstable 1 10 MB $17 Burstable 1 10 MB $17 Burstable 1 10 MB $17 Burstable 1 10 MB $17 Burstable 1 10 MB $17 Burstable 1 10 MB $17 Burstable 1 10 MB $17 Burstable 1 100 MB $76 Burstable 1 10 MB $17 Burstable 1 10 MB $17 Burstable 1 1000 MB $760 Aliant Ethernet Services Schedule Version 1.0pnbb Page 2 of 4 July 21, 2008 65 an Location ID I 12- Operations/Works East 13-Operations/Works North 14- Fire Station 1 15- City Hall Location Address 525 McAllister Dr., Saint John 00/ L O DA/429925/003/A L N T/000 100 Boars Head Rd., Saint John 00/ L O DA/429925/003/A L N T/000 45 Leinster St., Saint John 00/ L O DA/429925/012/A L N T/000 15 Market Sq., 9`" Flr. Saint John 00/ L O DA/429925/000/A L N T/000 Master Agreement Number:. CN-0807-8441 Agreement Number: CN-0807-8442 MAN Ingres! Quantity Bandwidth Monthly Fees (Mbps) Burstable 1 10 MB $17 Burstable 1 10 MB $17 Burstable 1 100 MB $76 Burstable 1 1000 MB $760 WAN Bandwidth Monthly Fees (Mbps) TOTAL 1 $1859 1 TOTAL b. Other Fees: For fiber access the listed prices in Table 2 includes 1 VLAN. Additional VLANs on Burstable or Sustained Ingress are $20.00 per month each. Additional VLANs are not available on Premium Ingress. One Time installation Fees for additional VLANs after initial installation are $100.00 per Ingress. ii. Change orders on existing services are $400.00 per order. c. Minimum Commitment: There is no minimum commitment with this service. Each Service that is purchased shall be maintained, with Customer paying applicable Fees, for the entire Initial Service Term or any applicable Service Renewal Term. Any Servcie that is removed prior to the completion of the Initial Service Term or any Service Renewal Term, whichever is applicable, will be subject to a termination charge. d. The Customer understands, acknowledges that, in exchange for receipt of the rates provided under this Agreement, Customer hereby agrees that Aliant shall be the sole supplier to the Customer of all Services provided under this Service Schedule, and Customer agrees to procure all additional Services it requires from Aliant during the Initial Service Term and any Service Renewal Term. e. Aliant and the Customer acknowledges and agrees that the Customer is a "Government Funded Body" as that term is defined in the Wide Area Network Services Master Agreement between Aliant and Her Majesty The Queen In Right Of The Province Of New Brunswick (the 'Minister"), dated April 9, 2008 (the "PNB Agreement") and that as a Government Funded Body the Customer is entitled to receive the Services at the prices payable by the Minister under the PNB Agreement. The Customer acknowledges and agrees that the prices for the Services set out in this Section 3 are being provided to the Customer pursuant to, and in accordance with, the PNB Agreement. If the prices of the Services provided to the Minister under the PNB Agreement are modified during the Initial Service Term and any Service Renewal Term so that they are more favourable to the customer than the prices contained herein in the services schedule, the price of the Services offered to the Customer will be changed to align with the PNB Agreement within ninety (90) days of such change for the Minister. The Customer acknowledges that a written amendment to this Agreement is not required to change the prices in such circumstances. The Customer further acknowledges and agrees that if the Customer ceases to be a Government Funded Body, or the PNB Agreement is terminated, or expires, the prices set out in this Section 3 may be modified by Aliant in its discretion upon notice to the Customer. For clarity, the parties agree that only the prices for the Services as set out in this Section 3 will be provided in accordance with PNB Agreement and that all other terms and conditions relating to the provision of Services are otherwise governed by, and will be provided in accordance with, the terms and conditions of this Schedule and the Agreement. Aliant Ethernet Services Schedule Version 1.0pnbb Page 3 of 4 July 21, 2008 66 Manz OTHER TERMS AND CONDITIONS a. Acceatable Use Policv: Master Agreement Number: CN-0807-8441 Agreement Number: CN-0807-8442 i. The Burstable QoS on the Aliant Ethernet Service is designed and intended for customer application's that are "bursty" in nature. For the sake of this Agreement, bursty data traffic transmission shall be defined as not exceeding 20% of the subscribed-to Ingress rate over an average of 8 hours per day, for any 8 days, consecutive or non-consecutive, within any given month. By signing this Agreement and purchasing the Burstable QoS, the customer is indicating that they intend to use the Burstable CoS for transmitting data traffic of a bursty nature. ii. Due to the potential congestion implications for other customer's on the Aliant Ethernet networks, Aliant may from time-to-time monitor Burstable QoS customer usage patterns to ensure adherence to the criteria for bursty traffic (as described above). For first time violations of this policy, the customer will be asked to: (1) Purchase a QoS more appropriate for the nature of the data transmission on the ingress in question (i.e. Sustained), or (2) Purchase a higher amount of Burstable bandwidth such that their usage patterns fall within the 20% usage ratio as described above. For repeat violations, Aliant reserves the right to automatically change the QoS on the ingress in question to Sustained QoS, and charging the corresponding term rate for the Sustained QoS. b. Limited Warrantv: Aliant does not guarantee error-free or uninterrupted operation of the Services. In the event of service interruptions lasting twenty-four (24) hours or longer from Aliant's receipt of notification from the Customer, Aliant, upon the Customer's written request, will provide to the Customer a credit or refund of Fees proportionate to the length of the interruption commencing from Aliant's receipt of the Customer's notification. Notwithstanding Termination terms and conditions as defined in the Agreement, such credit or refund will be the Customer's sole and exclusive remedy, at law or in equity, against Aliant or its representatives, which include Aliant's employees, affiliates, principals, shareholders, officers, subsidiaries, parent oganizations and/or contractors (herein after referred to as Representatives), relating to non-performance of the Service(s). ALIANT AND ITS REPRESENTATIVES MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY, REPRESENTATION OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT TO THE SERVICES, AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED. By signing below, Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by its General Partner Bell Aliant Regional Communications Inc. SIGNATURE: Mayor NAME NAME: Common Clerk: NAME TITLE: DATE: Resolution DATE: DATE: CUSTOMER City of Saint John Aliant Ethernet Services Schedule Version 1.0pnbb Page 4 of 4 July 21, 2008 67 May 29, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors, Subject: License for Use of Red School House Background: The operators of the Jet Boat, Hargo Jet Boat Inc., have been operating a bicycle rental operation in conjunction with their boat tour business. This is a seasonal operation that focuses on servicing the cruise passenger market. Last season the rented bicycles from their jet boat site and from a kiosk near the light house on the boardwalk. The operators have approached the City to use the Red School House as a location for the rentals. This is a higher profile location and has sufficient space to park a support vehicle (storage, transportation) nearby. Analysis Council authorized staff to conclude a license for the use of the School House building for the 2009 season. The school house would remain intact at its present location and a limited number of desks (3-4) would be removed to provide for temporary counter space. No bicycles would be stored in the building. Only one sign would be permitted on the exterior of the building and the usage would be subject to a 21 day notice provision. No modifications would be made to the building. The operator would be responsible for all costs of operation (utilities, insurance, staffing etc.) and would be able to park a support vehicle (storage, tools etc.) adjacent to the building on cruise ship days. The license fee for the season will be $1000. The current location is on the site of the planned redevelopment of the Coast Guard property. For this reason the use of the building would be short term with the City retaining the right to provide short term notice for the operator to relocate. 68 The City is attempting to encourage the development of a range of products and services to attract and support the cruise passenger and leisure tourist business. A bicycle rental operation in the waterfront area would fit into this market with no risk or obligation on the part of the City. Recommendation: That Common Council approve the attached license with Hargo Jet Boat Tour Inc. for the use of the Red School House. Respectfully submitted, J atrick Woods CGA Deputy City Manager Terrence L. Totten FCA City Manager 69 THIS LICENSE made in duplicate as of the day of June, 2009. BY AND BETWEEN: RECITALS: THE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor" -and- HARGO JET BOAT TOUR INC., a body corporate duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John in the County of Saint John and Province of New Brunswick, hereinafter called the "Licensee" WHEREAS the Licensor is the owner of the lands bearing PID number 55011894 shown on Schedule "A" attached hereto and forming part hereof (hereinafter the "Lands"); AND WHEREAS situate upon the said lands is a little red school house owned by the Licensor and highlighted in red on Schedule "A" (hereinafter the "House"); AND WHEREAS the Licensor has agreed to give the within License under the terms and conditions hereinafter set forth; NOW THEREFORE THIS LICENSE WITNESSETH that for and in consideration of the sum of Two Dollars of lawful money of Canada now paid by the Licensee to the Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and license to the Licensee to enter into and upon and exit from the Lands for the sole purpose of using the House to sell bike rental, boat tours and prepackaged snacks for the term of this License, on the following terms and conditions. IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. This License shall be for a period of approximately five (5) months, commencing June 9, 2009 and ending November 2, 2009 at midnight. 70 License Agreement The City of Saint John and Hargo Jet Boat Tours Inc. Page 2 of 5 2. The Licensee shall pay to the Licensor for the privileges herein granted the sum of One Thousand ($1000.00) Dollars which sum shall be due and payable in full on the 9" day of June, 2009. 3. a) The Licensee agrees and acknowledges that there is a pending Coast Guard Development on or nearby the Lands; b) In the event that the pending Coast Guard Development goes ahead during the term of this License, notwithstanding anything else herein contained, the Licensor may terminate this License by giving the Licensee twenty one (21) days written notice of its intention to terminate. c) In the event that the Licensor terminates the License pursuant to article 3b), then in such event, the Licensor shall reimburse the Licensee an amount of twenty ($20.00) dollars per Cruise Ship day left in what would have been the remainder of the term of the License at the date of termination. The Cruise Ship days contained in the term of the License are as shown on the attached Schedule "B". 4. Notwithstanding anything else herein contained, this License may be terminated forthwith without notice to the Licensee in the event that the Licensee shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this License 5. No transfer or assignment of this License or of any of the rights or privileges herein granted shall be made, or caused or permitted to be made by the Licensee. 6. The Licensee hereby covenants and agrees with the Licensor as follows: a) that it shall only use the House as a customer service office for the sale of bicycle rentals, boat tours and prepackaged snacks; b) that it shall be responsible to pay for utilities and phone services to the House; c) that it shall only put up one sign up on the House, and that all other signage shall be on the ground; d) that at least half of the existing school benches and tables currently located in the House shall remain in place and intact as public display in the House for the term of the License; e) that it shall not change or cause to be changed the current red color of the House, and it shall ensure that the exterior of the House remains intact and in the state that it was at the time of the signing of this License; 71 License Agreement The City of Saint John and Hargo Jet Boat Tours Inc. Page 3 of 5 fj that it shall not use the House as a bike storage, or for any other purpose than that which is stated at paragraph a) hereof; g) that it shall keep the area around the House and the support vehicle, referred to in article 7 b), clean and tidy at all times; h) that it shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this License, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross-liability clause; i) that it shall, on or before June 10, 2009, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph h) hereof; 7. The Licensor, for its part, covenants and agrees with the Licensee as follows: a) that it shall cause electrical power to be installed to the House; AS FOLLOWS: b) that it shall permit the Licensee to park a support vehicle adjacent to the House between the hours of 7:30 and 18:00 on the days that the Licensee is open for business at the House. IT IS FURTHER M=ALLY AGREED BY AND BETWEEN THE PARTIES 8. No change or modification of this License shall be valid unless it is in writing and signed by the Licensor and the Licensee. 9. This License supersedes and takes the place of all prior agreements entered into by the parties with respect to the House. 10. This License shall not be enforced or bind any of the parties thereto, until executed by all the parties named in it. 11. Notwithstanding any clauses herein, the Licensee does hereby indemnify and save harmless the Licensor from all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or 72 License Agreement The City of Saint John and Hargo Jet Boat Tours Inc. Page 4 of 5 arising out of or in connection with the use of the Lands and House pursuant to the within License or anything done or purported to be done in any manner hereunder, except for damages caused by the City's negligence THIS LICENSE shall enure to the benefit of and be binding upon successors and assigns of the parties hereto respectively. SIGNED, SEALED & DELIVERED ) In the presence of ) THE CITY OF SAINT JOHN per: Mayor Common Clerk Common Council Resolution: HARGO JETBOAT TOUR INC. per President 73 raft" SC'.MD, W ' o1r ' 7"LIHf " i . r vr~tillp~~ I-`~ r rrrVUluurli~l~ yr 1103„ f . ; ~ ~ r ravnulllo ~ y •r ~ ~ : fir ~ i f ' M, lYlllllllll~ , J~* ~ - ,y I MII:„ IP 'tl~~1r k '~riiln ql. I, y~"`t~i urrl::::::~llllll uul 1uu1111111 i ~j, I I " ~ Ai~~ is ~ ."r"'"` 11uuu::~~ Vue l ` p' ai _r ~ _y ~ (~~J„4~'~` II~~IIIIIIIIIIIIIII s➢ R~.'r,.t. ~ : ilkr Y~~~:uuu~~ll:l:l:l:l:l::uuu:uui A 4r a tll~:lllllllllllllll 11111111111111 (U "r , - IIli~li17111~1VIIV~ :agrprr nP!I * y A rt''t''I rr ~k ~ I{ aHll/rry lilfllll 1 u: ■1/1 ~ 111hYlllgllllllllllll t~y, I~Ilrlllllll~~~~~~'~I~~IIIIIIIIIINI I1i1~ ly ~ „ ~ IU II I xP ~ ~ ~ ~ ~1111~~11~'l7I~YYYY II~II~~I~~1111 ~llllPl ~111~U1~IIIIIII~~~~ J1,J1,J1,^, co 1 I I ~''/+.+I lurrlllllll~~IIIIIIIIIlisi 1 IUIIIIIII~IY q ~ r y ' 4 - - i~l~l IIIIIIIIIIIIIIIIIIIII iA r 11111111.I~I, III' I, I r ~ 1111111 UIIIIIIIIIIIIIIII 1 ::IIIIIIIYIu 111111 IIIIIIIII : :~J`~~ . ~~r ~..G-.~_ ~I~ W HI14u111 : ::all ~ q~.7,°,.: IIIIIIII~~ooor 111111 uu r. r tl: - ~'+3a Iuo:uW(11111111uup1 +..,it'.L'~e'a^Illl~~ 11, IIIIIIIIIIi...luvol~h~~ll v,.I ~ ; , * . ~ ~ m ~ II IilillliJJlluuuulililililil "Y' o ~ Yrll:l:ul 1 n t ""ail - t' Iu~~HHmu o Inruuuu" ~ i ~ rurr:IlyN~'rlII ~ r ri ~ 11,. k u~0"r ~ uTllI111mu1uApir;~~ "IUI i~ rruum II 1 ~ ~ > ~ 11N ~ ~~l/,l/I~IIIIIIINII~bul1 I~orrrlr111!!r""~I~mu(AI~ :Iml' 1Na0u t n;,, 1l Yll...... dddd !IlVlpp I, m 1. wnri c ccu ,;,i111~11111111110~11111 1i ' I 'fi r~ I~~ I s III r~ ; 111 rr' ~ nlr,,,,; u i" lu N i''` 1 ~ .r, (lull 3 ~,7 m!'.rdia al: IIII a.IIM1`{{ ftftftft ` ~ llmlu vJl II. do 74 CRUISE SHIP SCHEDULE 2009 SAINT JOHN Last updated: 30 Apr 2009 I ARRIVA L I ARRIVA L I DEPARTU RE SHIP BERTH # of GUESTS (AGENT DATE TIME TIME 1 19 Jun 10900hrs 11900hrs Carnival Triumph IPugsley A I 3200IFurncan 2 113 Jun 10900hrs 11900hrs Carnival Triumph IPugsley A I 3200IFurncan 3 117 Jun 10900hrs 11700hrs [Carnival Triumph Pugsley A I 3200IFurncan 4 22 Jun 10700hrs 11500hrs [Grandeur Of The Seas Long Wharf I 1900[Montship 5 22 Jun 10900hrs 11700hrs [Carnival Triumph Pugsley A I 320DIFurncan 6 127 Jun 10900hrs 11900hrs 1Carnlvai Triumph IPugsley A I 320DIFurncan 7 11 Jul 10900hrs 11700hrs [Carnival Triumph IPugsley A I 3200IFurncan 8 16 Jul 10900hrs 11700hrs ICamlval Triumph IPugsley A I 3200IFurncan 9 111 Jul 0900hrs 11900hrs ICamlval Triumph IPugsley A I 3200IFurncan 10115 Jul 0900hrs 11700hrs Camival Triumph IPugsley A I 3200IFurncan 11120 Jul 10900hrs 1700hrs Carnival Triumph IPugsley A I 3200IFurncan 12125 Jul 10900hrs 1900hrs (Camival Triumph IPugsley A I 3200IFurncan 13129 Jul 10900hrs 11700hrs ICamlval Triumph IPugsley A I 320DIFurncan 1413 Aug 10900hrs 11700hrs ICamlval Triumph IPugsley A I 3200IFurncan 1516 Aug 10900hrs 11900hrs ICamlval Triumph IPugsley A I 3200IFurncan 16112 Aug 10900hrs 11700hrs [Camival Triumph ]Pugsley A I 3200]Furncan 171117 Aug 10900hrs 11700hrs Carnival Triumph IPugsley A I 3200IFurncan 18117 Aug 10700hrs 11500hrs Grandeur Of The Seas 11-ong Wharf I 1900IFurncan 19122 Aug 10900hrs 11900hrs [Carnival Triumph IPugsley A I 3200IFurncan 20 26 Aug 10900hrs 11700hrs ICamlval Triumph 11-ong Wharf I 3200IFurncan 21 26 Aug 10800hrs 11700hrs [Caribbean Princess IPugsley A I 3100IFurncan 22131 Aug 10900hrs 11700hrs (Camival Trlrrfnph IPugsley A I 3200IFurncan 23131 Aug 10800hrs 11400hrs IMaasdam 113ugsley C 1 12000 Warren 24131 Aug 11300hrs 11800hrs INorweglan Majesty 11-ong Wharf I 1400IFk Warren 2512 Sep 10800hrs 11700hrs (Caribbean Princess IPugsley A I 3100IFurncan 2615 Sep 10900hrs 11900hrs ICamlval Triumph IPugsley A I 3200IFurncan 2715 Sep 11000hrs 12000hrs INorweglan Majesty 11-ong Wharf I 14001Fk Warren 2816 Sep 10800hrs 1800hrs Queen Mary 2 IPugsley A I 2500IFurncan 2917 Sep 10700hrs 1500hrs Explorer Of The Seas IPugsley A I 3300IFurncan 3019 Sep 10800hrs 11700hrs Caribbean Princess IPugsley A I 3100IFurncan 3119 Sep 10900hrs 11700hrs ICamlval Triumph IPugsley C I 3200IFurncan 32119 Sep 10900hrs 11700hrs [Norwegian Dawn 11-ong Wharf I 22001Fk Warren 33114 Sep 10700hrs 11500hrs (Grandeur Of The Seas IPugsley A I 1900IMontship 34115 Sep 10900hrs 11900hrs Carnival Triumph IPugsley A I 3200IFurncan 35115 Sep 11000hrs 12000hrs Norwegian Majesty 11-ong Wharf 14001Fk Warren 36116 Sep 10800hrs 11700hrs Caribbean Princess IPugsley A 3100IFumcan 37116 Sep 0900hrs 11700hrs (Norwegian Dawn 11-ong Wharf 22001Fk Warren 38117 Sep 1100hrs 11900hrs (Constellation Pugsley A 1800IFurncan 39121 Sep 10800hrs 1700hrs Explorer Of The Seas Pugsley A I 3300IPumcan 40122 Sep 10700hrs 1730hrs .lewel Of The Seas 11-ong Wharf I 2100IFumcan 41122 Sep 10900hrs 11900hrs [Carnival Triumph JPugsley A I 3200IFumcan 42123 Sep 10900hrs 11700hrs (Norwegian Dawn 11-ong Wharf I 22001Fk Warren 43123 Sep 10800hrs 11700hrs ICaribbean Princess IPugsley A I 3100IFurncan 44125 Sep 11000hrs 12000hrs INorweglan Majesty IPugsley A I 14001Fk Warren 45127 Sep 10800hrs 11700hrs Crown Princess IPugsley A I 31001Furncan 46127 Sep 10800hrs 11700hrs Norwegian Spirit 11-ong Wharf I 19001Fk Warren 47128 Sep 10700hrs 11500hrs Grandeur Of The Seas IPugsley A I 1900IFurncan 75 I 48129 Sep 10900hrs 11900hrs lCamival Triumph jLong Wharf 3200IFurncan 49129 Sep +0700hrs 11730hrs ewe] Of The Seas jPugsley A 2100IFumcan 50 30 Sep 0900hrs 11700hrs Norwegian Dawn Long Wharf 220011'k Warren 51 30 Sep 0800hrs 11700hrs Caribbean Princess jPugsley A I 3100IFurncan 5211 Oct 10800hrs 11700hrs jQueen Victoria Pugsley A I 2000IFurncan 5312 Oct 0800hrs 1 11800hrs Saga Ruby Pugsley A I 600IFurncan 543 Oct 0800hrs 11700hrs CCrystal Symphony jPugsley A I 900IFk Warren 5.513 Oct 0800hrs 1 1700hrs jEurodam Long Wharf I 1900IFk Warren 56 5 Oct 0800hrs 11700hrs IExplorer Of The Seas Pugsley A 3300IMontship 57 6 Oct 10900hrs 11700hrs Caribbean Princess Pu sle A g y ~ 3100IFumcan 5816 Oct 0900hrs 11900hrs ICamlval Triumph 1Pugsley C 3200IFurncan 59 6 Oct 0700hrs 11730hrs Oewel Of The Seas Long Wharf 2100IFumcan 60 9 Oct 11000hrs 11800hrs Crown Princess jPugsley A 3100IFurncan 61 11 Oct 10800hrs 11700hrs rNorweglan Spirit jPugsley A I 19001Fk Warren 62 13 Oct 10900hrs 11900hrs Carnival Triumph Long Wharf I 3200IFurncan 63 13 Oct 64 14 Oct 10700hrs 10900h 11730hrs 11 h Jewel Of The Seas IPugsley A 2100 Montship rs rs 800 Crystal Symphony Long Wharf 900 Fk Warren 65114 Oct 10800hrs 11700hrs Caribbean Princess jPugsley A I 3100IFurncan 66117 Oct 0800hrs 11700hrs Crown Princess jPugsley A I 3100IFurncan 67 18 Oct 1100hrs 12000hrs IMaasdam Long Wharf 12001Fk Warren 68 19 Oct 10800hrs 11700hrs 1Explorer Of The Seas jPugsley A 3300IMontshlp 69 21 Oct 0800hrs 12300hrs lBalmoral )Long Wharf 1300IFk Warren 70 21 Oct 0800hrs 11700hrs ,Caribbean Princess jPugsley A 3100 Furncan 71124 Oct 0800hrs 11700hrs Crystal Symphony IPugsley A 900 Fk Warren 72120 Oct 1100hrs 11900hrs lConstellatlon Pugsley A 1800IMontship 73129 Oct 10900hrs 11700hrs Crown Princess Pugsley A 3100 Furncan 742 Nov 10800hrs 11730hrs Queen Mary 2 fPugsiey A I 2500 Furncan ,Bold: Holiday I 10old: Inaugural or maiden call )Total 190400 1 2 76 cityc'N-4 .,,I John Enviromt,, May 28, 2009 Mayor Ivan Court And Members of Common Council Re: City of Saint John Environmental Awards June 1-7 is Environment Week. Environmental stewardship is a responsibility for everyone. Many citizens and organizations in Saint John show their care for the environment on a daily basis. They include the people who regularly compost and recycle or people who drive energy efficient cars. Their efforts are often unsung and may go unnoticed. Each year, the City of Saint John takes the opportunity to acknowledge these citizens and organizations by offering awards to individuals, businesses, community groups, or schools who have made a significant contribution to the environment. Tonight, we will acknowledge the contribution of individuals and organizations that have made both a private and public contribution to improving the health of our environment. The 2009 award recipients are: Business - TD Insurance TD Home and Auto Insurance has established a full waste diversion program in their offices on Rothesay Avenue, utilize green cleaning products and have encouraged employees to take personal action. Recycling bins for paper, cardboard, compost, plastics, metal, and bottles. These bins are located in the kitchen and also in the service areas located throughout the office. Batteries are collected and sent to the Hazardous Waste Facility. The washroom facilities are also equipped with paper towel only dispensers and all of the paper towels get composted. On April 22nd, TD Insurance employees made Earth Day resolutions. An artist in the office drew a tree that was placed on the wall. Employees wrote green resolutions on the leaves. Some of the resolutions were the following: not to use plastic bags, carpool to work, not go through drive-thru, recycle plastics, use the clothesline whenever possible, etc. Individual - Reverend Lloyd Lake Rev. Lake was nominated for his tireless efforts to save and protect the trees of Manawagonish Road over 30 years. The nominator stated "Rev. Lake has always been genuinely concerned about the trees on Manawagonish Road, trees in general and the Vic hmaoerson h6sfinp aurnu Brenda Maca,YNu m i t' tcl(hinon Bruce Court - Canr;i'I'9rar 1-h Cum 77 important role of the urban forest." Rev. Lake together with other residents of Manawagonish Road worked together to receive the Canada Green Street designation. Rev. Lake has also worked with UNB Forestry students to promote the importance of trees to young students all over the City of Saint John. Community I Non-Profit Group - Habitat for Humanity ReStore ReStores are building supply stores that accept and resell quality new and used, building materials. They generate funds to support Habitat's building programs, while reducing the amount of used materials that end up in landfill. The ReStore has one staff member, and relies on the support of volunteers to help keep the store functioning. The Saint John ReStore opened in September 2007 and during its first 4 months of operation it diverted 80,000 Ibs or 40 tonnes of material. To date, the Saint Jahn ReStore has diverted a total of 176 tonnes of material. Some of the demolition projects that ReStore has helped divert material from include: ® Carleton St parking commission lot, Old YMCA building Tiffany St apartment house at the site of the New SJ Transit garage The Somerset & Cranston Ave site. The ReStore has also established a container on site at Crane Mountain Landfill, so staff can select material entering the site and set it aside for the ReStore - to date 1.5 tonnes of material have been collected and sent to the ReStore. As we all know, diverting material from landfills saves natural resources, reduces greenhouse gases and prolongs the life of the landfill. In closing, Congratulations to all the award winners, and thank you to all those who submitted nominations.. Each vear we can recoanize oniv a few of the manv worthv candidates. Thank you to all the citizens and organizations who are working to benefit the environment. Your efforts represent an important contribution to our community and to the future of our children. Christine Saumure Chairperson Saint John Environment Committee Chris ftsh Nancy Butyur EstEcsvy - ViceChusrpurson CC'hrlstmne Saurnure- Chairperson Brenda MacKinnon Bruce Court - Councillor . 0 ^urrv 78 ,4,.4 1 T7.0001, rn ti 08 '1.0'N3 O_ SCIN3 2!~ CINV l.- INV~ b0~ 3bOHdSON.V 3A _ SOd VON V3a0 s.2:jv -b'f1S n CINV 3bLV3H_ 30NVCI'O SINON V2:193-30 -en S3J C13SVO A. Nnimnoo d s • -HE FES' VA_ W BE HE.D A- PAR-NER NG GREA'ER SA N BEG NN NG ON V tNJES N -HE ..OHN AREA, -H_RSDAY AND END NG ON SUNDAY 81 1 1 1 1 IIN%WIF' e\,N 5 V Radio, v' 82 r • HE 10 VEVBER BOARD OF D REC-ORS S COVPOSED OF V BRAN- VEVBERS OF OLR COVVLN -Y • OAR VEVBERS HAVE VANY YEARS OF EXPER ENCE N -HE AR-S/C..,..--LRE, BLS NESS and EN-ER-A NVEN- SEC-ORS 83 v8 _N3AN V-2:]D-ND ON _3NNf//\/9N S _N3Aab' NO _b2i_S N ACIV -b'J3-/3ONf/N J NO _VN Cl2:IOOO 2:IDD-N I-OA _N31\d0-3/34 SSEIN S"019 SO NO2:LOEFEI'8 CINIOS _N31\3Jb'NV/\ _N3A3'8 _N3-t/_ FEWE9 - - • THE C TY MAYOR AND COUNC L • ALL LEVELS OF GOVERNMENT SUPPORT • CORPORATE SPONSORSH P • PARTNERSH PS W TH OTHER EVENTS • NVOLVE THE OUTLY NG COMMUN T ES (Grand bay/Westfie d, Rothesay, Lornevi e) • RECRU T DED CATED VOLUNTEERS 85 Organization of Board of Directors, Deve op By aws & Mission Statement, Secure partnerships with other communities and Secure ong term sponsorship Network, Educate, ncrease Marketing & Awareness and Branding, ncrease Vo unteer Leve. 86 • PROV NC A, -PROVINCE OF NB (FESTIVAL GRANT) • VJN C PA. -CITY OF SAINT JOHN, GRANDBAY/WESTFIELD • CORPORA'E- HAMPTON INN, SJ PORT AUTHORITY, HARBOUR BRIDGE, ROYAL LEPAGE, MOLSON, WYNDHAM WORLDWIDE EASTPOINT SHOPPING CENTRE, QUAZZAR SOLUTIONS, LANCASTER , & SOUVINER PROGRAM ADVERTISERS MALL • 0"H E R -RISING TIDES FESTIVAL, CHILDREN'S WISH FOUNDATION, RHODA'S FLEA MARKET, LILY LAKE PAVILION & PARTNERING VENUES 87 law SE-11 . SEN OR'S TEA BY TBETE SHAW . ERIC COR ON T o vNDg ESFIELD NY-.\N . FAMILY DAY IN SHAW ST COUNTRY KE PAV LL ON . EAST col-ImFKXT LY EWE RTAI` CASTER NT PJ G WHARF . ENTER GRAS PAR~Y AT LON ION PPRK . MARS LAMENT AT EXHIBIT . EN~ERTA 88 • 2006 • 2007 • 2008 • 2009 DEB- OWED NO DEB- OWED (Payments 2006) NO DEB- OWED (Payments 2006) NO DEB- OWED (Payments =oos, • 2010 NO DEB- OWED (Payments =oos, 89 AR- S- FEES ADV N S-RA- ON AUUU V V UUA PROVO- ON ONS $37,000 to 20,000 $ 9,900 to $ 2,500 $1,500 to (Inkind) $12,000 to $7,000 90 SAINT JOHN'S "SIGNATURE FESTIVAL" 100 PERFORMERS 10 VENUES 50-75 VOLUNTEERS MARITIME & MULTICULTURAL FLAVOR VISIONARY CORPORATE INVOLVEMENT 91 Z6 BY-LAW NUMBER C.P. 110-105 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: I Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 10 Technology Drive, having an area of approximately 6,400 square metres, also identified as PID Number 55179576, from "R-2" One and Two Family Residential and "RM-1" Three Storey Multiple Residential to "RM-1" Three Storey Multiple Residential pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - 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 bylaw the * day of A.D. 2009 and signed by. Mayor/ Maire ARRETI No C.P. 110-105 ARRETE MODIFIANT L'ARRETA SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lars dune reunion du conseil communal, The City of Saint John a d6cr&t6 ce qui suit L'arret6 sur le zonage de The City of Saint John, decret6 le dix-neuf (19) d6cembre 2005, est modifi6 par : 1 La modification de Pannexe «A*, Plan de zonage de The City of Saint John, rezonage d'une parcelle de terrain situ6c au 10, promenade Technology, d'une superficie approximative de 6400 metres carr6es et identifee sous le NID 55179576, afin de faire passer la classification de zone r6sidentielle habitations unifamiliales et bifamiliales «R-2» et zone d'6difices a logements multiples de trois 6tages <<RM- 1>s a zone d'6difices a logements multiples de trois 6tages «RM-1» conform6ment a une resolution adoptee par le conseil municipal on vertu de Particle 39 de la Loi sur Purbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font pantie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, aver les signatures suivantes : Common Clerk/Greffi6re communale First Reading - May 25, 2009 Premi6re lecture Second Reading - May 25, 2009 Deuxi6me lecture Third Reading - Troisieme lecture le 25 mai 2009 le 25 mai 2009 93 Suction 39 Conditions -10 Technoloav Drive That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and development of a parcel of land located at 10 Technology Drive, also identified as PID No. 55179576, be subject to the following conditions: a. Development of the site be in accordance with the following, prepared by the developer's engineering consultant and subject to the approval of the Chief City Engineer or his designate: Site servicing plans. ii. Engineering water and sewer analysis to determine the impact of the proposal on existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems, iii. Site drainage plan/report indicating how storm water collection and disposal will be handled. If a storm water main extension is required, this will be the full responsibility of the developer, including all related costs. iv, Confirmation that the existing water system from Technology Drive is of sufficient quantity and pressure for the proposed development, that the existing sanitary sewer is capable of receiving the anticipated peak flows and confirm all grades for water and sewerage systems and on the existing infrastructure to accommodate connections from the proposed development, b. The site must be developed and maintained in accordance with a survey-accurate site plan to be prepared by the developer and subject to the approval of the Development Officer; c. The site must be developed and maintained in accordance with a detailed landscaping plan to be prepared by the developer and subject to the approval of the Development Officer, d. The developer must provide security in an amount to be determined by the City to ensure that the required landscaping is completed; e. The site must be developed and maintained in accordance with detailed building elevations to be prepared by the applicant and subject to the approval of the Development Officer; f. All site improvements as shown on the approved site, drainage, elevation and landscaping plans must be completed within one year of building permit approval. 94 PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John ModifiantAnnexe <(A)> de I'Arrete de zonage de The City of Saint John ~ets~ mla~~oxw~--" ~ i ~ FROM / DE TO/A R-2 One and Two Family Residential 1 Zone residentielle-habitations i ~~N ~RM-1 unifamiliales et bifamiliales Three Storey Multiple Residential / Zone d'edifices a logements RM-1 multiples de trois etages Three Storey Multiple Residential 1 Zone d'edifices a logements - multiples de trois etages Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le Conseil municipal en vertu de I'article 39 de la Lai sur l'urbanisme Applicant: Comeau MacKenzie Architecture Location: 10 promenade Techology Drive PID(s)/NIP(S) 55179576 06N79NE Drawn By/Creee Par: David Couture Date Drawn/Carte Creee: May 27 mai, 2009 Recommended by PAC./considers par le C.C.U.: May 20 mai, 2009 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By-Law #/Arrbte 95 J i BY-LAW NUMBER C.P. 110-103 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 Jolui enacted on the nineteenth day of December, A,D. 2005, is amended by: 1 Amending Schedule "A7, the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 300 square metres, located at 372 Ludlow Street, also identified as PID number 00365924, from "R-2" One and Two Family Residential to "R-4" Four Family Residential pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - 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 'I, A.D. 2009 and signed by: Mayor/Maire ARRRTE No C.P. 110-103 ARRETE MODIFIANT IlARRRTF SLR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a dccrctc cc qui suit : Uarrete sur le zonage de The City of Saint John, decrete le dix-neuf (19) decernbre 2005, est modifie par: 1 La modification de 1'annexe ((A)), Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parceile de terrain d'une superficie d'environ 300 metres canes, situee au 372, rue Ludlow, et portant le N117 00365924, de zone residentielle - habitations unifamliales et bifamiliales «R-2>a a zone residentielle - habitations de quatre logements (rR-4)r conformement a une resolution adoptec par le conseil municipal en vertu de Particle 39 de la Loi sur Purbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, aver les signatures suivantes : Common Clerlu'Greffiere communale First Reading - May 25, 2009 Premiere lecture - le 25 mai 2009 Second Reading - May 25, 2009 Deuxieme lecture - le 25 mai 2009 Third Reading - Troisieme lecture - 96 Section 39 Conditions - 372 Ludlow Street That, pursuant to Section 39 of the Community Planning Act, the use and development of the parcel of land located at 372 Ludlow Street (PID 00365924) be subject to the following condition: a. The use of the property is limited to a maximum of three dwelling units. 97 PLANNING AND DEVELOPMENT I URBANISME ET DEVELOPPEMENT REZONING I REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John Modifiant Annexe ((A)) de I'Arrete de nonage de The City of Saint John FROM 1 DE TO / A R-2 R-4 One and Two Family Resldential Four Family Residential I I Zone r6sidentielle-habitations I Zone residentielle-habitations unifamiliales et bifamiliales de quatre logements Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptPe par le conseil municipal en vertu de Particle 39 de la Loi sur Purbanisme Applicant: Gerry Webster [on behalf of Matrix Management Inc.] Location: 372 rue Ludlow Street PID(s)INIP(s) 00365924 06N86NE Drawn By/Creee Par: David Couture Date Drawn/Carte Creee: May 27 mai, 2009 Recommended by P.A.Cknnsid&6 par le C.C.U.: May 20 mal, 2009 Enacted by Council/Approuve par le Conseil: Filed in Registry OfficelEnregistrE le: By-Law #/Arrete 98 BY-LAW NUMBER C.P.110-104 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 with an area of approximately 12.7 hectares, located at 388 University Avenue, also identified as PID number 00424739, from "R-IA" One Family Residential and "RS-2" One and Two Family Suburban Residential to "IL- 2" Major Institutional pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - 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. 2009 and signed by: Mayor/Maire ARIdTf No C.P.110-104 ARRETf MODIFIANT L'ARRfA SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lars dune reunion du conseil communal, The City of Saint John a decrete cc qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix-neuf (19) decembre 2005, est modifie par : 1 La modification de 1'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 12,7 hectares, situee au 388, avenue University, et portant le NID 00424739, de zone residentielle - habitations unifamiliales <<R-IA» et zone residentielle de banlieue - habitations unifamiliales et bifamiliales <<RS-2» a zone d'equipement colleetif majeur «IL- 2 >r conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur 1'urbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - May 25, 2009 Premiere lecture Second Reading - May 25, 2009 Deuxieme lecture Third Reading - Troisieme lecture le 25 mai 2009 le 25 mai 2009 99 Section 39 Conditions 388 Universitv Avenue That, pursuant to Section 39 of the Community Planning Act, the use and development of the parcel of land located at 388 University Avenue (PID 00424739), be subject to the following conditions: a. A detailed landscaping plan be prepared by the applicant and submitted' to the Development officer for approval, b. A detailed lighting plan be prepared by the applicant and submitted to the Chief City Engineer or his designate for approval; and c. A detailed site drainage plan, indicating how storm water collection and disposal will be handled, be prepared by the applicant and submitted to the Chief City Engineer or his designate for approval. 100 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT REZONING I REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John Modifiant Annexe ((A» de I'Arrete de zonage de The City of Saint John R-1 1A One Family Residential Zone residentielle-habitations I IL-2 unifamiliales Major Institutional Zone d'equipement collectif RS-2 majeur One and Two Family Suburban Residential / Zone de banlieue- - habitations unifamiliales et bifamiliales Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le Conseil municipal en vertu de ('article 39 de la Loi surl'urbanisme Applicant: New Brunswick Department of Supply and Services Location: 388 avenue University Avenue PID(s)/NIP(s) 00424739 07N70NE Drawn By/Creee Par: David Couture Date Drawn/Carte Creee: May 27 mai, 2009 Recommended by P.A.Ckonsidere par le C.C.U.: May 20 mai, 2009 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By-Law #/Arrete 101 M & C - 2009-155 May 29, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning at 388 University Avenue - Change to Terms and Conditions BACKGROUND: At the May 25, 2009 meeting of Common Council, a public hearing was held for a proposed rezoning of property located at 388 University Avenue. There was some discussion at the hearing with respect to whether the proponent had an approved site drainage plan for the parking lots situated on the subject property. The Municipal Operations and Engineering Department has confirmed that there is an approved site drainage plan for the property. To ensure that the conditions of the rezoning approval address the issues raised by Common Council and the neighbouring property owner, it is recommended that Council adopt a revised condition c. as follows: That the professional engineering design consultant provide written confirmation that the approved site grading plan was constricted in accordance with an approved drawing, that the previously constricted parking lots on this site were included in the analysis for storm water management and the site grading design of the new parking lot, and that there are not, nor will there be any adverse impacts to neighbouring properties as a result of this design and constriction to the satisfaction of the Chief City Engineer. RECOMMENDATION: It is recommended that Common Council adopt the recommendation of the Planning Advisory Committee in its entirety with respect to the rezoning of 388 University Avenue and that the Section 39 conditions be adopted as per the recommendation of PAC except that condition c. be amended to read as follows: 102 Report to Common Council Mav 29, 2009 Page 2 That the professional engineering design consultant provide written confirmation that the approved site grading plan was constricted in accordance with an approved drawing, that the previously constricted parking lots on this site were included in the analysis for storm water management and the site grading design of the new parking lot, and that there are not, nor will there be any adverse impacts to neighbouring properties as a result of this design and constriction to the satisfaction of the Chief City Engineer. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager 103 BY-LAW NUMBER C.P. 110-106 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: I Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as PID numbers 04346916, 00347443 and 00417634, from "I-2" Heavy Industrial to "R-2" One and Two Family Residential - 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. 2009 and signed by: Mayor/Maire ARREA No C.P. 110-106 ARRETt MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix-neuf (19) decembre 2005, est modifie par : 1 La modification de I'annexe «A>>, Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour des parcelles de terrain d'une superficie d'environ 2080 metres carr6s, situec au 188 and 196, avenue Mount Pleasant Est, et portant les NID 00346916, 00347443 et 00417634, de zone d'industrie lourde a I- 2» a zone r6sidentielle - habitations unifamiliales et bifamiliales uR-2» - touter les modifications sont indiquees sur le plan ci joint et font partie du present arr6te. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6te le 2009, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - May 25, 2009 Premiere lecture le 25 mai 2009 Second Reading - May 25, 2009 Deuxi6me lecture le 25 mai 2009 Third Reading - Troisi6mc lecture 104 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT REZONING I REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John ModifiantAnnexe «A» de I'Arr6te de nonage de The City of Saint John el 4' \ ~o FROM / DE TO/ A 1-2 R-2 Heavey Industrial / One and Two Family Residential Zone d'industrie lourde / Zone r6sidentielle-habitations unifamiliales et bifamiliales Applicant: The City of Saint John Location: 188 & 196 av. Mount Pleasant est 1 Mount Pleasant Av. East PID(s)/VIP(s) 00346916, 00347443 & 00417634 06P09SW Drawn By/Creee Par: David Couture Date Drawn/Carte Creee: May 27 mai, 2009 Recommended by PAC./considers par le C.C.U.: May 20 mai, 2009 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By-Law #/Arrete 105 BY-LAW NUMBER C.P. 105-25 A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2-A, the Future Land Use Plan, by redesignating parcels of land with an area of approximately 2,080 square metres, located at 188 and 196 Mount Pleasant Avenue East, also identified as being PID Numbers 00346916, 00347443 and 00417634, from Heavy Industrial to Low Density Residential classification - 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. 2009 and signed by: Mayor ARRETE No C.P. 105-25 ARRETE MODIFIANT V ARRETE RELATIF AU PLAN MUNICIPAL Lors dune reunion du conscil communal, The City of Saint John a 6dict6 cc qui suit : L'arret6 relatif au plan municipal de The City of Saint John d&cr6t6 le 3 janvier 2006 est modifi6 par : 1 la modification de I'annexe 2-A, relative au plan d'utilisation future des terres, afin de faire passer la designation des parcelles de terrain d'une superficie approximative de 2080 .metres carr6s, situ6e au 188 et 196, avenue Mount Pleasant est, et portant les NIDs 00346916, 00347443 et 00417634 de zone d'industrie lourde a zone r6sidentielle de faible densit6 - toutes les modifications soot indiqu6es sur le plan ci joint et font partie du pr6sent arr&. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2009, avec les signatures suivantes : Common C1erklGreffiere communale First Reading - May 25, 2009 Premi6re lecture Second Reading - May 25, 2009 Deuxieme lecture Third Reading - Troisieme lecture le 25 mai 2009 le 25 mai 2009 106 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT Amending Schedule 2-A Madifiant annexe 2-A 1 FROM / DE TO /.q Heavy Industrial Low Density Residential lndustrie Lourde R6sidentielle de densit6 faible Applicant: The City of Saint John Location: 188 & 196 av. Mount Pleasant est / Mount Pleasant Av. East PID(s)/NIP(S) 00346916, 00347443 & 00417634 06P09SW Drawn By/Creee Par: David Couture Date Drawn/Carte Cr6ee: May 27 mai, 2009 Recommended by P.A.C./Recommande par le C.C.U.: May 20 mal, 2009 Enacted by Council/Approvve par le Conseil: Approved by Minister/Approvee par le, Ministre: Filed in Registry Office/Enregistr6 le: 107 _B The city of Saint John May 29, 2009 His Worship Mayor Court And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment-99 Hazen Street A Public Presentation was made on April 27th, 2009 of a proposed amendment to the Municipal Development Plan which would redesignate on Schedule 2-A and 2-C of the Municipal Plan, from Medium Density Residential to Approved Commercial Development Classification, a parcel of land with an area of approximately 360 square metres, identified as being PID Number 00015388,to permit the establishment of business offices within the existing building, The required advertising has been completed, and attached you will find a copy of the application, public notice and insertion order of the proposed municipal plan amendment. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, July 6th, 2009 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Attachment SAINT JOAN P.O. Box 1971 Saint John, NB Canaria E2L 4L1 I www.saintjohn,ca I CA 1971 Saint John, N.-B. Canada E2L 4L1 108 Applicant Related Information / ReaseW meab our le demaderrr Name of Appiiraat I Nom do dwandew 12 4 6 C a:,-, C, A (-G Mailing Address of VOjeant / A* = pW* da demaadenr 3 ~ 1 ~ w y e r f~ ~ . S uU f a y v-~ vv e.. C-1- M Wr4 Postal Code I Code peatal __CF 2 r,, Ll T Telq&m NmAc 1 Nmmdm de t"bonc C c 6 e- i i a Home / Domicile C< 994 I I a t Work 1 Travail <q f G 4 5-! Y b Fax Numbed NMrv de tjlbonpieot,„ S 0 6 6 cf -L 5"f -;L- Nam of Property Owoer (if c?iffemd) /Nom do propriftire (si d'&=) Address I ,A&= Paatal Cade I Code po" Property information / Rens6pements sur In propriftf Civic # l No de voarie Sheet I flue PID I NIP Lot km i S"h"it do lot _ Sheet Fsaop I Facade sur rue e )1~asling Use of Property ! Ut>'lisatiom actuetle de la propriEtd C v r r a wi4~, ~.w,n~' ~ Mmar jW Aa W Use Des*uWn 1 Ddsig%6q de ndlizat;on des twes sur le ptnn m Amendmtot Regaested / Modirkstion deois ndbe Muruc~ of ~IClfl c eslgnr i Present,Zor q /Tonage acW yA u LT ~ rz e~s f. 0 C w^ ~ ~ ~ Mec l i,,m Dkn'6~iv Resi Cimse 7,riq to /Modifuadm du =ge 1 95-1 -r 13 NIPN"Nea CLRwtfc~ j 1) EY a>wor i ou © Text Arnendmcat (indicate particdo) I Modiftion due two (ui6q ez k s Muls) r ~sC ~S oF~4c-S. 109 You must provide a scaled ffrte plan that illustrates your propaw You racy also provide photography buildiagplan, elevation druonga and any otlwr form of information- ne plmmust show the Anertaf ow of d►e property, the location of all bu7*9s, driveways, palling arras, landscaping oad signs. It is &Vort re dial the distance between the property boundary and buildmgsare shown, Vows deues fmnlr un plow du site 6 ilichege illusrrmmt votre proppsifion, VouspouurzigakMStfownrirdrs photogrophies, des plats de bftmn4 des dessim de plan d'Ekmdlon et toute M4* forme de rmsofgn nmL Le plan dolt in per les diwoons de la proprWit, !'entplacemenf de la totalid des Mfine 4 des allies, des alas de stationneam4 des mn(togentents paysagers ei des parer m de aignablation. ll Of fmportantd'indiquer la 4s mae enlre las MOW de la p qPW of lei bMme*,, PmvWe tttasoas why these its s>waW be MV74i I Fourmr tm awe t vtrtra pmopwtiou qui p xrrsit etoe aWoffy6m. t :S NlLCR ~S cnstCn ZoVJr-V-+q _ D 4+G.L Ul ),U E7 _ tv o ~,~~t a N t- ter A-nle 4N ' Ptvvide MY Qft Wb matim about yatr pagwW tbzd would be be *L I F=* tout awe =geigue wM oonoemaj vote p"Olitim 9@ P=ram be Owc Sip9= of Awlucaat l Side do demmndaa Date L4 a 4 @' S4M Appk2b m Fee Fatclosed l Ci joie les trait de d=m de do 4DU S If you are not d e vumer of the land In question please have the owner sign below- The siprrAm of & owner is muthori t this applicafion to proceed for eonsidemlim by Conmmn Council. SiPSM d Owner (ifK#cabk) Sigaatme doe P*fth (s'd y a lieu) Si Vs 0(apas le propr90re du terrain en question, veutIlex oblWr la signature dw propritstmre daps Ia pantie ci-dessous, La signature du p tpritwe ouforis mt le fraffemtent de !a Nit demadpoqwmile dtnOre soit ln~elcvsel cemnarnal. Due: / )l ; L q K A/1~ jJ l 110 0110912009 08:45 1 PLANNING AND DEVELOP PAGE 02106 f 5Q * 66 ■ 12 46 44 = 42 r ■ 36 41 ~ 61 B f"al. ♦ 2 JL-kv2 ~M 4 \98 343s'~ 26 24 2StA 22\ 26B t 0 r' `t\ .nq \ 1 91f ~ i ~ ~ \ 10106 ~~w 8 , 9 \8 87 ■ _ . Aso r 110 101 p~ Igo IL - I f 100y 111 1 I K FyKC-~- n' aFf«c i ~ I I ~ 112 U p p.er FL---t ~4FraxtiS ° F Fy ` t f ° Frc~ ~ f T 113 tr n-Tw PL- . it- C$KAAW'V LI&° E`) L IL {-rc v<-,, C trrc C- ff5~ c.(l ~chL 6 11 i s~ FT. f~R-rare.»m crftre 114 City of Saint John INTERNAL INSERTION ORDER For City o Saint John use only: NewsDaper Insertion Dates (Check as applicable) ( = Saint John Telegraph Journal) "SJTJ City Information A Date(s): April 14, 2004 "STJ Independent Placement Date(s): " SJTJ Classifieds Date(s): Information for Ad (Boldface anything y Centre, Tab, etc.) Section Headline: General ice Tender Proposal Public Notice Sub-Headline (i _ lic e Text: INSERT TATTACHED Call t cti : Elizabeth Go ley, Common Clerk/Gre sere comunale Contact: Kelly i its Telephone: (5) 658-2856 115 PUBLIC NOTICE Public Notice is hereby given [hat the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2-A and 2-C of the Plan, from Medium Density Reaider& to Approved Commercial Development, a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388. 2. Add the following to the list of Approved Commercial Developments in subsection 2,4.6.28: "w) a parcel or land with an area of approximately 360 square metros, located at 99 Hazen Street, also identified as PID No. 00015388." A public presentation of the proposed amendment will lake place at a regular meeting of common Council on Monday. April 27, 2009 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANCE: To permit the establishment of business offices within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by May 27, 2008. Enquiries may be made al the office of the Common Clerk or Planning and Development, City Hall, 15 Markel Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. AVIS PUBLIC Par its pri;senles, on avis public est donne par lequel le conseil communal de The City of Saint John a ('intention d'etudier la modification du plan d'amenagement municipal comme suit : I, la reclassification, a I'annexe 2-A el 2-C du plan d'une parcclle de terrain d'unc saperficie d'environ 360 metres carris, situi;e an 99, rue Hazen, el portant le NID 00015388, de zone rdrldenrielle de denrlll moyenne a zone d'aminagemenl commercW approavi. 2. I'ajoul de la parcelle de terrain suivante i la lisle des amcnagements commerciaux approuvbs a 1'alin6a 2.4.6.28 : ((w) one parcelle de terrain dune superficie d'environ 360 metres earns, siluee au 99, rue Hazen, et portant le NID D0015388. n Une presentation publique du projet de modification aura lieu lors de la reunion ordinairc du conseil communal le lundi 27 avril 2009 Bans [a salle du conseil, au niveau du hall d'entrie, a 1'h6lel de ville. RAISON DE LA MODIFICATION : Permeltre I'aminagement des bureaux d'alfairea a I'inlerieur do biitimenl existant. Veuillez faire part an conseil par eerie de vos objections au projet de modification an plus lard le 27 moi 2008 a I'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer aver le bureau du grefSer communal ou la bureau de I'urbanisme el du d6vdoppemen1 ii Ph6tel de villa au 15, Market Square, Saint John, N.-B., en[re 8 h 30 el 16 h 30 du lundi au vondredi, sauf lesjours f6ries Elizabeth Gormley, Common Clerk Elizabeth Gormley, Gref06re communale 0.152'-W 658 2862 11 Jill 1 1 1 116 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 99 HAZEN STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2-A and 2-C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388. 2. Add the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: .°w) a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, April 27, 2009 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the establishment of business offices within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by May 27, 2008. Enquiries maybe made at the ofce of the Common Clerk or 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. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 99, RUE HAZEN Par les pr6sentes, un avis public est donne par lequel le Conseil communal de The City of Saint John a ]'intention d'etudier la modification du plan d'am6nagement municipal comme suit : 1, la reclassification, a ]'annexe 2-A et 2-C du plan dune parcelle de terrain d'une superficie d'environ 360 metres carr6s, situ6c au 99, rue Hazen, et portant le NID 00015388, de zone residendelle de densiti moyenne a zone d'aminage►nent commercial approuve, 2. I`ajout de la parcelle de terrain suivante a la lisle des am6nagements commerciaux approuv6s a 1'alin6a 2.4.6.28 : ow) une parcelle de terrain dune superficie d'environ 360 metres canes, situee au 99, rue Hazen, et portant le NID 00015388. » Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du Conseil communal le lundi 27 avril 2009 Bans la salle du conseil, au niveau du hall d'entr6e, a M t l de ville, RAISON DE LA MODIFICATION : Permettre I'am6nagement des bureaux d'affaires a I'interieur du batiment existant. Veuillez faire part au conseil par 6crit de vas objections au projet de modification au plus lard le 27 ai 2008 a I'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer aver le bureau du greffier communal ou le bureau de l'urbanisme et du d6veloppement a 1'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 f6ri6s. Elizabeth Gormley, Greffiere communale 658 2862 117 BY-LAW NUMBER C.P,105-_ A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2-A and 2-C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388, from Medium Density Residential to Approved Commercial Development classification; 2 Adding the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: "w) a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388." - 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. 2009 and signed by: Mayor/Maire ARRETE No C.P.105- ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune r6union du conseil communal, The City of Saint John a 6dict6 cc qui suit : L'arret6 relatif au plan municipal de The City of Saint John d6cret6 le 3 janvier 2006 est modifi6 par : 1 la modification de 1'annexe 2-A et 2-C, relative au plan d'utilisation future des terres, afin de faire passer la d6signation d'une parcelle de terrain d'une superficie d'environ 360 m6tres carr6s, situ6e au 99, rue Hazen, et portant le NID 00015388 de zone r6sidentielle de densit6 moyenne 6 zone d'am6nagement commercial approuv6; 2 Pajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuves A Palin6a 2.4.6.28 : «w) une parcelle de terrain d'une superficie d'environ 360 metres carr6s, situ6e au 99, chemin rue Hazen, et portant le NID 00015388.» - toutes les modifications sont indiqu6cs sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxi6mc lecture Third Reading - Troisi6me lecture 118 The City of Saint john 5/28/2004 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion. That the city administration, and all Agencies, Boards and Commissions reporting to the Common Council be advised that their budget submission to the Finance Committee (by September 30) be no more than 2.5% of their approved 2009 budget. This 2.5'%, replaces the 4.5% previously stated in the 2009 operating budget. Upward pressures on the tax rate from capital expenditures and pension responsibilities, along with uncertainty surrounding the method by which property taxes will be apportioned due to changes by the provincial government necessitate that we scale back our expectations for 2010. This 2% reduction converts to approximately $2.5 million dollars in reduction of budget submissions for next year. The remainder of the structure described in the budget (httn://www.saintioliii.ca/documents/2009 ODerating.pdf ,p.10) remains in place, with one page (maximum) submissions describing: Mission Critical services that cannot be funded within the current envelope, requests from citizens that cannot be funded within the current envelope and value added services not previously funded. Respectfully Submitted Crary Sullivan SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 j wawww.saintjohn.ca I C..R 1971 Saint John, N.-B. Canada E2L 40 119 ter.,.. The City of Saint Jobn Mayor and Council May 29, 20019 Re: Assignment of lead Responsibility in Water Treatment Project Motions: In regard to the Water Treatment Project: 1). Assign a key staff from the city - Possibly a deputy city manager - to tape the lead on all water treatment related issues. This would include regular liaison with relevant Federal and Provincial offices in regard to application process and status. This individual would provide a bi-weekly written report to council on the project's status. 2) Request MP Rodney Weston to assign a key staff member from the relevant department of the federal government and his own office in which City Staff can work with. 3) Request the Government of New Brunswick assign a key staff contact in which city staff can work with. Rationale Although various members of senior staff have been immensely involved in moving forward on the water treatment project, it has become apparent that an assignment of a. direct staff lead on this project would beneficial. Similarly, direct staff leads from the Federal Government and Provincial Government would be useful. The benefit would be more direct accountability and a clearer line of communication. Of course, elected members of council will still have an important role in terms of advocating for funding. Respectfully Submitted Stephen Chase Deputy Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www,saintjohn.ca I C.P. 1931 Saint John, N.-B, Canada E2L 4L1 120 ~ i0! 4YL May 29, 2009 the City of Sant John Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: SUBJECT: EASEMENT AGREEMENT IN FAVOUR OF NEW BRUNSWICK HOUSING CORPORATION RE: MARKET SQUARE It has recently been determined that certain aspects of the electrical infrastructure which services Market Square and the adjacent properties is in need of an upgrade. At the outset, Council is advised that the costs of this required upgrade is not the responsibility of the City, however for the work to be carried out it is necessary for the City of Saint John, along with a number of other parties, to execute an Easement Agreement in favour of the New Brunswick Housing Corporation. In summary, transformers and high voltage switch gear, presently located in an electrical room in the parking garage are in need of replacement. At the same time, a 15,000 volt supply cable which is routed along the low ceiling in the garage to oil filled transformers has to be replaced. The Hardman Group, New Brunswick Housing Corporation and Saint John Energy, have a plan to deal with both issues. The solution is to relocate replacement transformers outside of the garage on above ground pads. The result of all this work will be improved continuity of service to all portions of the complex, improved safety and adherence to codes. RECOMMENDATION: That the Mayor and Common Clerk be authorized to execute an Easement Agreement in favour of the New Brunswick Housing Corporation as reviewed by the Legal Department and found on this evening's agenda. Res ectfull ubmitte(d, ence L. Totten, FCA Y MANAGER Attachment 121 0tv Solicitor Office Bureau de Pavocat nnunicipal May 28, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re: Market Square Power Upgrade The City Manager, under separate cover, has advised Council of and provided some background information on the need for a power upgrade in Market Square. The facilities which will be upgraded are currently located in a room, referred to as the "electrical room", that is located in the parking garage premises leased to the City by the Hardman Group. Said electrical room was sub-let by the City to Canada Mortgage and Housing Corporation (CMHC) by virtue of the "Parking Garage Sub-Lease" dated May 31, 1983. This Sub-Lease was recently assigned by CMHC to the New Brunswick Housing Corporation (NBHC). The City Manager recommends that the City join in an Easement Agreement to grant NBHC the necessary rights for the location of the new transformers in the so-called Housing Common Area, with the necessary connections through the roof and wall of the parking garage stricture and into the electrical room in the parking garage. A copy of the proposed Easement Agreement is attached to this report. The proposed Easement Agreement serves a similar purpose to that of the aforementioned Parking Garage Sub-Lease which the City granted in favor of the CMHC in 1983. We have compared the two documents and found them very similar in content. The City would grant in the proposed Easement Agreement similar rights to the ones it granted to CMHC in 1983. Having reviewed the proposed Easement Agreement we are satisfied that the City's legal interests are adequately protected and that it would be in order for Council to grant the requested easement if it wishes. The following is the text of an appropriate resolution in the circumstances: /2 122 Common Council Mav 28, 2009 Re: Market Square PoNN-er Upgrade Cite Solicitor Page 2 RESOLVED that Common Council enter into an Easement Agreement between the Saint John Development Corporation, the Hardman Group Limited, The City of Saint John, CIBC Mortgages Inc. and Canadian Imperial Bank of Commerce as Grantor and New Brunswick Housing Corporation as Grantee in the form as attached to the City Solicitor's letter in this matter addressed to Common Council and dated May 27, 2009, and that the Mayor and Common Clerk be authorized to sign said Easement Agreement. Respectfully Submitted, John L. Nugent City Solicitor Attachment 123 Form 14 EASEMENT Parcel Identifiers of Parcels Burdened by Easement : Parcel Identifiers of Parcels Benefiting from Easement: Grantor of Easement: Land TrtlesAct, S.N.B.1981, c.L-1.1, s.24 55022396 (See Schedule "A" attached hereto) 55011878 55022370 (See Schedule "F" attached hereto) 55011878 Saint John Development Corporation 1 Market Square Saint John, NB E2L 4Z6 The Hardman Group Limited 1 Market Square Saint John, NB E2L 4Z6 City of Saint John City Hall, Floor 8th P. 0. Box/CP 1971 Saint John, NB E2L 4L1 CIBC Mortgages Inc. S. Tower 100 University Avenue, Floor 2nd Toronto, ON M5J 2X4 Canadian Imperial Bank of Commerce 1809 Barrington Street Halifax, NS B3J 3A3 Grantee of Easement : New Brunswick Housing Corporation 551 King Street Fredericton, NB OB IE7 Description of See Schedule "E" Easement: Purposes of Easement : See Schedule "E" Diagram of Easement : See Schedule "B" The grantor grants to the grantee the described easement over or in the specified parcel for the specific purposes for the benefit of the specified parcel. 124 Of Date. ArN 2009 Witness : 2 Grantor of Easement : Saint John Development Corporation b~, , . and Daryl Wilson, Secretary-Treasurer Witness : The Hardman Group Limited b Y Wi iam , an, resident and Clayton R. Hardman, Secretary Witness : City of Saint John by Ivan Court, Mayor and Elizabeth Gormley, Common Clerk Witness : CIBC Mortgages Inc. by and Witness : Canadian Imperial Bank of Commerce by and 125 Grantee of Easement : Witness : New Brunswick Housing Corporation by Alan L. Raxft Manager, 40*r Administratu{n, Delivery, Px a and Luc J! r s 126 r J r~n& Loans f17ceAogram y ??ion fill Office Program Delivery SCHEDULE"A" ALL that certain parcel of air space identified, described and shown as Air Space Parcel 85-3 on "Amending Subdivision Plan Relating to Air Space Parcels 83-1, 83-2, 85-3, 85- 4 and 85-5 Being Part of the Air Space Appurtenant to Parcel `1' on plan of property filed in the Saint John County Registry Office on October 14, 1980 as Number 13, Drawer 9, Market Square Development, City of Saint John, Saint John County, N. B.", dated September 10, 1985, prepared by Murdoch-Lingley Limited and signed by Carl A. Laubman, N.B.L.S., and filed in the Saint John County Registry Office on September 13, 1985 as Number 1864. 127 " S o 44 R i v III o, i s t SITE PLAN JSECTION SECTION f SECTION ^....w.~ u. d~ ....a iu1 n~New J_ W.." 11 7711 ~ BUILDING FUTURE COMMUNITIES ~ EDIFICATION DES COMMUNAUTES DE L'AFENIR d:..~`...«..~.v, PRELMRNARY MARKET SQUARE ELECTRE:ILL UPGRADES yy -g&.~e- SD PROJECT NP. TENDER NO: f I . - PLANS AND SECTNJNS 6 i a A ~ NEV?LAN ^...a. n Ci7 SCHEDULE "B" ~a- _ stn . 8 a 7m aWa m °zz ay p A ! wg i = ~ Ly~~i ~ p. 4 IIl! i 0 p~ 1 €ii ii's€ i 1 W W w (I a II LL J m U 1A mi i . s; ► .:3 . I J 7 m J~ i U 0 Z Y a SCHEDULE "E" RECITALS; A. SJDC is the owner in fee simple of the Housing Common Area, identified by PID 55022396 and described in Schedule "A" annexed hereto. B. SJDC is the owner in fee simple of the Senior Citizens' Housing Space, identified by PID 55022370 and described in Schedule "F" annexed hereto. C. Under and by virtue of the Senior Citizens' Housing Space Lease, SJDC leased the Senior Citizens' Housing Space to CMHC. D. NBHC is the assignee of, and present lessee under, the Senior Citizens' Housing Space Lease. E. SJDC is the owner in fee simple of the Demised Premises, identified by PID 55011878. Under and by virtue of the Head Lease, SJDC leased the Demised Premises to Rocca. G. Hardman is the assignee of, and present lessee under, the Head Lease. H. Under and by virtue of the Parking Garage Lease, RGMSD (as assignee of Rocca's interest under the Head Lease) subleased the Parking Garage Premises to the City. 1. CIBC Mortgages is the mortgagee under a mortgage from Hardman creating a charge against the Demised Premises. J. CIBC is the lender under a debenture from Hardman creating a charge against the Demised Premises. K. In order to facilitate the use of the Senior Citizens' Housing Space and enable and facilitate the construction, installation, use, operation and maintenance of, inter alia, the Easement Installations, the City, under and by virtue of the Senior Citizens' Housing Sublease, subleased the Senior Citizens' Housing Subleased Premises (being part of the Parking Garage Premises) to CMHC and granted to CMHC certain easements and rights- of-way in, over, upon and in respect of the Parking Garage Premises not comprising the Senior Citizens' Housing Sublease Premises. L. NBHC is the assignee of, and present lessee under, the Senior Citizens' Housing Sublease. M. NBHC proposes to construct the New Easement Installations (i) in and through the Housing Common Area, (ii) in and through those areas comprising part of the Demised Premises other than the Parking Garage Premises (being that part of the building on the Demised Premises, the upper surface of which represents the lower boundary of the Housing Common Area and lower surface of which represents the upper boundary of the Parking Garage Premises), (iii) in and through the Parking Garage Premises and (iv) into the Senior Citizens' Housing Subleased Premises to connect to, be integrated with and serve the same purpose as, the Easement Installations. N. In order to facilitate the use of the Senior Citizens' Housing Space and the Senior Citizens' Housing Subleased Premises and enable and facilitate the construction, 130 installation, use, operation and maintenance of the New Easement Installations, SJDC, Hardman and the City, or one or more of them depending upon their respective interests, have agreed to grant unto NBHC certain easements and rights-of-way in, over, upon and in respect of the Housing Common Area, the Demised Premises other than the Parking Garage Premises and the Parking Garage Premises. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and in consideration of the sum of Five Dollars ($5.00) of lawful money of Canada now paid by each of the parties hereto to the other (the receipt and sufficiency of which is hereby acknowledged) and in consideration of the mutual covenants hereinafter contained, SJDC, Hardman, the City and NBHC covenant and agree as follows: ARTICLE I INTERPRETATION Section 1.01 Definitions In this agreement the following words or expressions shall have the meanings set out hereunder:- "Amending Subdivision Plan" means the plan entitled "Amending Subdivision Plan Relating to Air Space Parcels 83-1, 83-2, 85-3, 85-4 and 85-5 Being Part of the Air Space Appurtenant to Parcel `I' on plan of property filed in the Saint John County Registry Office on October 14, 1980 as Number 13, Drawer 9, Market Square Development, City of Saint John, Saint John County, N.B.", dated September 10, 1985, prepared by Murdoch-Lingley Limited and signed by Carl A. Laubman, N.B.L.S. and filed in the Registry Office on September 13, 1985 as Number 1864. "CIBC" means Canadian Imperial Bank of Commerce. "CIBC Mortgages" means CIBC Mortgages Inc. "City" means the City of Saint John. "CMHC" means Canada Mortgage and Housing Corporation. "Day" means calendar day. "Demised Premises" means the premises referred to and defined as "Demised Premises" in the Head Lease. "Easement Installations" means easement installations installed, and to be installed, by NBHC pursuant to the Senior Citizens' Housing Sublease and defined as such therein. "Expiry Date" means the 31" day of May, 2049. "Hardman" means The Hardman Group Limited. "Head Lease" means that certain lease entered into between SJDC (under its former name, The Market Square Corporation), as lessor, Rocca, as lessee, and the City dated as of the 14`h day of October, 1980 and registered in the Registry Office on the 15'h day of October, 1980 as Number 292441 as amended (i) by amending agreement dated as of the 2nd day of August, 1982 and registered in the Registry Office on the 22°d day of February, 1983 as Number 306413, as further amended by (ii) amending agreement dated as of the 31" day of May, 1984 and registered in the Registry Office on the 13`h day of June, 1984 as Number 315763, as further amended by (iii) amending agreement dated as of the 10`h day of September, 1985 and registered in the Registry Office on the 10`h day of 131 January, 1986 as Number 327212, as further amended by (iv) amending agreement dated as of the 20th day of March, 1986 and registered in the Registry Office on the 215' day of March, 1986 as Number 328561, and as further amended by (v) amending agreement dated as of the 21st day of January, 1991, registered in the Registry Office on the 7th day of February, 1991 as Number 368177 and assigned to Hardman by assignment dated as of the 16th day of August, 1999 and registered in the Registry Office on the 19`h day of August, 1999 as Number 10426428. "Housing Common Area" means that air space parcel identified, described and shown as Air Space Parcel 85-3 on the Amending Subdivision Plan. "NBHC" means New Brunswick Housing Corporation. "NBHC Rights" means all those rights and benefits of NBHC as existing under and by virtue of this agreement including, without limiting the generality of the foregoing, the easements, rights-of-way and rights of access provided for in Article II of this agreement. "New Easement Installations" means such transformers, cables, pipes, conduits, electrical connections, utility lines and similar installations and facilities constructed or to be constructed by NBHC within (i) the Housing Common Area, (ii) the Demised Premises (other than the Parking Garage Premises); (iii) the Parking Garage Premises (other than the Senior Citizens' Housing Subleased Premises) and (iv) the Senior Citizens' Housing Subleased Premises, shown on the plan hereto annexed as Schedule "B", and any additions thereto or replacements thereof, to be used in connection with, integrated with, or serving the same purpose as, the Easement Installations in order to facilitate the use of the Senior Citizens' Housing Space and the Senior Citizens' Housing Subleased Premises. "Parking Garage Lease" means that certain lease entered into between RGMSD, as lessor, and the City, as lessee, dated as of the 315` day of May, 1983 and registered in the Registry Office on the 14th day of September, 1983 as Number 310638, as amended (i) by amending agreement dated as of the 31st day of May, 1983 and registered in the Registry Office on the 13th day of June, 1984 as Number 315765, and as further amended by (ii) amending agreement dated as of the 1st day of January, 1991 and registered in the Registry Office on the 7th day of February, 1991 as Number 368149, whereby RGMSD subleased the Parking Garage premises unto the City. "Parking Garage Premises" means the premises referred to and defined as "Demised Premises" in the Parking Garage Lease and are outlined in green on the plan annexed as Appendix "A" thereto, together with all existing or future improvements and additions thereto. "Registry Office" means the Office of the Registrar of Deeds in and for the County of Saint John. "Rocca" means The Rocca Group Limited. "RGMSD" means The Rocca Group Market Square Development Limited. "Senior Citizens' Housing Space" means that air space parcel identified, described and shown as Air Space Parcel 83-2 on the Amending Subdivision Plan. "Senior Citizens' Housing Space Lease" means that certain lease entered into between SJDC (under its former name, The Market Square Corporation), as lessor, and CMHC, as lessee, dated as of the 3151 day of May, 1983 and registered in the Registry Office on September 14, 1983 as Number 310642, as amended by (i) amending agreement dated September 10, 1985, and registered in the Registry Office 132 on January 10, 1986 as Number 327213, as further amended by (ii) amending agreement dated as of January 1, 1991 and registered in the Registry Office on February 7, 1991 as Number 368155 and assigned to NBHC by assignment dated as of the 1 st day of February, 2009, and registered in the Registry Office on the 1 I th day of February, 2009 as Number 26814252. "Senior Citizens' Housing Sublease" means that certain lease entered into between the City, as lessor, and CMHC, as lessee, dated as of the 31st day of May, 1983 and registered in the Registry Office on the 14th day of September, 1983 as Number 310643, as amended by (i) amending agreement dated as of the 10th day of September, 1985 and registered in the Registry Office on the 10th day of January, 1986 as Number 327214, as further amended by (ii) amending agreement dated as of the 1St day of January, 1991 and registered in the Registry Office on the 7ch day of February, 1991 as Number 368160 and assigned to NBHC by assignment dated as of the 1st day of February, 2009, and registered in the band Titles Office on the 11th day of February, 2009 as Number 26814351. "Senior Citizens' Housing Subleased Premises" means those premises, forming part of the Parking Garage Premises, which are defined and referred to as 'Demised Premises" in the Senior Citizens' Housing Sublease, ARTICLE II RIGHTS-OF-WAY AND EASEMENTS Section 2.01 Grant and Conveyance by SJDC Subject always to the other provisions of this agreement and to the extent that the New Easement Installations are located within the Housing Common Area, SJDC grants and conveys, for and during the term commencing at midnight on the date hereof and ending at midnight on the second day falling immediately prior to the Expiry Date, unto and for the use and benefit of NBHC, and so as to run with the Housing Common Area for the benefit of the Senior Citizens' Housing Space and the Senior Citizens' Housing Subleased Premises:- (a) an easement in common with SJDC and its employees, servants, agents, sublessees, invitees, licencees and all other persons entitled to the use thereof, to encroach in and upon those parts of the Housing Common Area, and in and upon any structures from time to time constructed thereon and therein, together with an easement to affix, install and integrate fixtures thereto, therein and therewith, as may be reasonably required from time to time for the purpose of enabling NBHC and its employees, servants and agents to construct, install, replace, maintain, repair, reconstruct, relocate and operate the New Easement Installations; and (b) a right-of-way and a right of access, together with the right of ingress and egress, in common with SJDC and its employees, servants, agents, guests, sublessees, invitees, licencees and all other persons entitled to the use thereof, in, upon and to those parts of the Housing Common Area, and in and upon any structures from time to time constructed thereon or therein, as may be reasonably required at all reasonable times and from time to time for the purpose of enabling NBHC to construct, install, replace, maintain, repair, reconstruct, relocate and operate the New Easement Installations. Section 2.02 Grant and Conveyance by SJDC. Hardman. CIBC Mortgages and CIBC Subject always to the other provisions of this agreement and to the extent that the New Easement Installations are located within the Demised Premises other than the 133 Parking Garage Premises, SJDC, Hardman, CIBC Mortgages and CIBC grant and convey, for and during the term commencing at midnight on the date hereof and ending at midnight on the second day falling immediately prior to the Expiry Date, unto and for the use and benefit of NBHC, and so as to run with the Demised Premises other than the Parking Garage Premises for the benefit of the Senior Citizens' Housing Space and the Senior Citizens' Housing Subleased Premises:- (a) an easement in common with Hardman and its employees, servants, agents, sublessees, invitees, licencees and all other persons entitled to the use thereof, to encroach in and upon those parts of the Demised Premises other than the Parking Garage Premises, and in and upon any structures from time to time constructed thereon and therein, together with an easement to affix, install and integrate fixtures thereto, therein and therewith, as may be reasonably required from time to time for the purpose of enabling NBHC and its employees, servants and agents to construct, install, replace, maintain, repair, reconstruct, relocate and operate the New Easement Installations; and (b) a right-of-way and a right of access, together with the right of ingress and egress, in common with Hardman and its employees, servants, agents, guests, sublessees, invitees, licencees and all other persons entitled to the use thereof, in, upon and to those parts of the Demised Premises other than the Parking Garage Premises, and in and upon any structures from time to time constructed thereon or therein, as may be reasonably required at all reasonable times and from time to time for the purpose of enabling NBHC to construct, install, replace, maintain, repair, reconstruct, relocate and operate the New Easement Installations. Section 2.03 Grant and Convevance by SJDC. Hardman. CIBC Mortmes, CIBC and the Citv Subject always to the other provisions of this agreement and to the extent that the New Easement Installations are located within the Parking Garage Premises, SJDC, Hardman, CIBC Mortgages, CIBC and the City grant and convey, for and during the term commencing at midnight on the date hereof and ending at midnight on the second day falling immediately prior to the Expiry Date, unto and for the use and benefit of NBHC, and so as to run with the Parking Garage Premises for the benefit of the Senior Citizens' Housing Space and the Senior Citizens' Housing Subleased Premises:- (a) an easement in common with the City and its employees, servants, agents, sublessees, invitees, licencees and all other persons entitled to the use thereof, to encroach in and upon those parts of the Parking Garage Premises, and in and upon any structures from time to time constructed thereon and therein, together with an easement to affix, install and integrate fixtures thereto, therein and therewith, as may be reasonably required from time to time for the purpose of enabling NBHC and its employees, servants and agents to construct, install, replace, maintain, repair, reconstruct, relocate and operate the New Easement Installations; and (b) a right-of-way and a right of access, together with the right of ingress and egress, in common with the City and its employees, servants, agents, guests, sublessees, invitees, licencees and all other persons entitled to the use thereof, in, upon and to those parts of the Parking Garage Premises, and in and upon any structures from time to time constructed thereon or therein, as may be reasonably required at all reasonable times and from time to time for the purpose of enabling NBHC to construct, install, replace, maintain, repair, reconstruct, relocate and operate the New Easement Installations. 134 Section 2.04 Grants and Conveyances Extended Provided always that the said term of these grants and conveyances shall be deemed to be extended: (i) in the event the term of the Senior Citizens' Housing Space Lease is extended for the Initial Senior Citizens' Lease Extension Period as defined in the Senior Citizens' Housing Space Lease (NBHC hereby agreeing to give at least nine (9) months notice prior to the Expiry Date in the event the Senior Citizens' Housing Space Lease is not so extended), for an initial extension period (hereinafter in this agreement called the "Initial Easement Extension Period") of ten (10) years ending at midnight on the second day falling immediately prior to the tenth anniversary of the Expiry Date; and (ii) in the event the tern of the Senior Citizens' Housing Space Lease is extended for the Additional Senior Citizens' Lease Extension Period as defined in the Senior Citizens' Housing Space Lease (NBHC hereby agreeing to give at least nine (9) months notice prior to the expiration of the Initial Easement Extension Period in the event the Senior Citizens' Housing Space Lease is not so extended), for an additional extension period (hereinafter in this agreement called the "Additional Easement Extension Period") ending at midnight on the second day falling immediately prior to the twentieth anniversary of the Expiry Date. In the event the term of these grants and conveyances are extended as aforesaid the word "term" as hereinafter used in this agreement, as pertaining to the duration of these grants and conveyances, shall be deemed to include the Initial Easement Extension Period and the Additional Easement Extension Period, as may be applicable. Section 2.05 Proviso Relating to Exercise of Rishts Notwithstanding anything to the contrary contained in Sections 2.01, 2.02 and 2.03 of this Article II, and without limiting or restricting the obligations of NBHC set out elsewhere in this agreement, in the exercise or use of the easements, rights-of-way and rights of access, as set out and provided for in Sections 2.01, 2.02 and 2.03 of this Article II, NBHC and its employees, servants and agents:- (a) except in those emergency situations where in the reasonable judgment of NBHC there is real or apprehended emergency or danger to persons or property or in those situations where NBHC would otherwise be materially prejudiced, shall not unduly or unreasonably interfere with or detrimentally affect the normal use and enjoyment of the Housing Common Area, the Demised Premises or the Parking Garage Premises or the construction, maintenance, operation and normal use and enjoyment of any structures from time to time constructed thereon or therein by SJDC, Hardman and the City, as the case may be, and their employees, servants, agents, guests, sublessees, invitees, licencees and all other persons entitled to the use thereof; (b) shall not cause any permanent damage to or undermine the Housing Common Area, the Demised Premises or the Parking Garage Premises or any structures as aforesaid, or impair the structural safety thereof; and (c) shall not do anything which is incompatible with the general character and the use and enjoyment by SJDC, Hardman or the City, as the case may be, 135 of any structures as aforesaid, or of the Housing Common Area, the Demised Premises or the Parking Garage Premises, it being understood, acknowledged and agreed among the parties hereto that, except in those emergency situations referred to in paragraph (a) of this Section 2.05, nothing in Sections 2.01, 2.02 or 2.03 of this Article II shall require or be deemed to require SJDC, Hardman or the City, as the case may be, at any time to relocate, move or otherwise alter any structures constructed in or upon the Housing Common Area, the Demised Premises other than the Parking Garage Premises, or the Parking Garage Premises. Section 2.06 Approval of Plans The plans and specifications relating to the construction, installation, replacement, reconstruction or relocation of any New Easement Installations by NBHC in or upon the Housing Common Area, the Demised Premises other than the Parking Garage Premises or the Parking Garage Premises, as permitted by Sections 2.01, 2.02 and 2.03, respectively, of this Article II, shall in every instance be subject to prior written approval by SJDC, Hardman or the City, as the case may be, such approval not to be unreasonably withheld; such plans and specifications shall identify with reasonable accuracy the location of such New Easement Installations, and the extent of any encroachment in or upon any other existing structures within or adjacent to the Housing Common Area, the Demised Premises other than the Parking Garage Premises, or the Parking Garage Premises, as the case may be. ARTICLE III COMPLIANCE WITH HEAD LEASE AND PARKING GARAGE LEASE; ACCEPTANCE OF CONDITION OF DEMISED PREMISES AND PARKING GARAGE PREMISES Section 3.01 Oblieation of NBHC in Respect of NBHC Rights Notwithstanding anything to the contrary contained in this agreement, the NBHC Rights, and the exercise of the NBHC Rights by NBHC, shall in every instance be subject to the provisions of the Head Lease and the Parking Garage Lease where applicable, and neither NBHC nor its employees, servants, agents, guests, sub-lessees, invitees or licencees shall do anything which causes or gives rise to any default by Hardman in any covenant or obligation under the Head Lease, or gives rise to any default by the City in any covenant or obligation under the Parking Garage Lease; in the event any such default shall occur by reason of any act of NBHC, or its employees, servants, agents, guests, sub- lessees, invitees or licencees, Hardman or the City, as the case may be, may, but shall not be obliged to, rectify such default for the account of NBHC and any amount paid by Hardman or the City in so doing, together with all reasonable costs and expenses of Hardman or the City, shall be paid by NBHC to Hardman or the City within fifteen (15) Days of demand being made therefor. Section 3.02 Accentance of Condition of Demised Premises. ParkinE Garage Premises and Release from Liabilitv Notwithstanding anything to the contrary contained in this agreement, and notwithstanding any rights which may exist in law or in equity except for the provisions of this Section 3.02 in exercising the NBHC Rights, or any of them, NBHC shall be deemed for all purposes to fully accept the condition of the Demised Premises other than the Parking Garage Premises and the Parking Garage Premises (and each and every part thereof) as being suitable in all respects (whether for support or otherwise) for the purpose of exercising the NBHC Rights, and neither NBHC nor any person exercising the NBHC Rights, or any of them, shall have any claim or make any claim, whether in law or in equity, in the event the Demised Premises other than the Parking Garage Premises, or 136 the Parking Garage Premises, or any part thereof, is at any time and from time to time not suitable for such purposes; and in respect of the foregoing NBHC hereby releases and discharges Hardman and the City from, and shall indemnify and save Hardman and the City harmless from and against, any and all claims which may now or hereafter exist in law or in equity in the event the Demised Premises or the Parking Garage Premises, as the case may be, or any part thereof, is not suitable for such purposes or is in any manner or way inadequate for such purposes. ARTICLE IV CONSTRUCTION, INSTALLATION, MAINTENANCE AND INSPECTION OF NEW EASEMENT INSTALLATIONS Section 4.01 Construction. Installation and Maintenance NBHC shall at its own cost and expense construct, install and maintain the New Easement Installations and all appurtenances thereto in such good order, condition and repair as would a careful and prudent owner and consistent with the age and location thereof, reasonable wear and tear excepted, and shall keep the same fully usable for the purposes for which the same are constructed, installed or intended. Section 4.02 Right of Inspection SJDC shall have the right to inspect and ascertain the condition of the New Easement Installations at any time to the extent that such installations are located in the Housing Common Area. Hardman shall have the right to inspect and ascertain the condition of the New Easement Installations to the extent that such installations are located in that part of the Demised Premises not forming part of the Parking Garage Premises. The City shall have the right to inspect and ascertain the condition of the New Easement Installations to the extent that such installations are located in the Parking Garage Premises. ARTICLE V DAMAGE OR DESTRUCTION OF NEW EASEMENT INSTALLATIONS Section 5.01 Reoair. Replacement. Restoration and Reconstruction In the event of damage to or destruction of the New Easement Installations, or any part thereof, by fire or by any other peril, NBHC shall give SJDC, Hardman and/or the City, as the case may be, prompt notice thereof and promptly proceed at its own expense to repair, replace, restore or reconstruct the same or such damaged or destroyed parts thereof, as the case may be, to the same condition as NBHC is required under this agreement to maintain the same, subject however to the right of NBHC to make alterations, additions and structural improvements thereto in accordance with the provisions of this agreement, including the approval of SJDC, Hardman and the City, as the case may be, pursuant to Section 2.06 of Article II hereof; provided that notwithstanding the foregoing NBHC shall not be obliged to so repair, replace, restore or reconstruct the New Easement Installations in the event (but only in such event) of the termination of this agreement in those circumstances referred to in Article XII hereof, and provided further that in the event any such damage or destruction occurs at any time during the last three (3) years of the term of this agreement less two days and the lessor under the Parking Garage Lease thereafter exercises its right under the Parking Garage Lease not to repair, replace, restore or reconstruct the Lessor's Improvements as defined in the Parking Garage Lease, there will be no obligation to repair, replace, restore or reconstruct the New Easement Installations as aforesaid and the term of the within grants and conveyances shall thereupon terminate, whereupon any amounts payable under this 137 agreement shall be paid within ninety (90) Days thereof, and, if applicable (it being acknowledged that there is no obligation to maintain insurance), notwithstanding anything else in this agreement contained to the contrary but subject to any rights existing under any mortgage or similar security which may then encumber the New Easement installations:- (a) each of the parties hereto shall hold in trust for and pay over to the lessee under the Parking Garage Lease any property insurance proceeds received by it from time to time in respect of such damage or destruction; and (b) the benefit of any property insurance which may be applicable to such damage or destruction shall be assigned by each of the parties hereto unto the lessee under the Parking Garage Lease, and the parties hereto shall co-operate fully with the lessee under the Parking Garage Lease in enforcing any claim against the insurers in respect thereof, Section 5.02 Parkine Garage Premises Nothing in this Article V shall impose any obligation upon NBHC to repair, replace, restore or reconstruct any part of the Parking Garage Premises not comprising the New Easement Installations, and the obligation of NBHC to so repair, replace, restore or reconstruct the New Easement Installations as hereinbefore provided in this Article V shall be conditional upon the maintenance, repair and replacement by the City of the Parking Garage Premises in accordance with the Parking Garage Lease to the extent such maintenance, repair and replacement is necessary to enable the repair, replacement, restoration or reconstruction by NBHC as hereinbefore provided; provided always that nothing in this Section 5.02 shall restrict the application of the provisions of Article VII of this agreement. ARTICLE VI MECHANICS' LIENS Section 6.01 NBHC Responsibility NBHC shall during the tenn of this agreement at its own cost and expense cause any and all mechanics' liens and other liens for labour, services or materials furnished or alleged to have been furnished or supplied to or on behalf of NBHC, for or in respect of the New Easement Installations, which may be registered or filed against or otherwise affect the Housing Common Area, the Demised Premises other than the Parking Garage Premises, or the Parking Garage Premises, or any part thereof, to be paid, satisfied, released, cancelled and vacated within thirty (30) Days after SJDC, Hardman or the City shall have given to NBHC notice of any claim for any such lien. Section 6.02 Riaht to Dis tte Notwithstanding the provisions of Section 6.01 of this Article VI, in the event of a bona fide dispute by NBHC as to the validity or correctness of any claim for lien, NBHC shall be entitled to defend against the same in any proceedings brought in respect thereof after first paying into court the amount claimed and such costs as the court may direct and registering all such documents as may be necessary to discharge such lien, or providing such other security in respect of such claim as will result in the discharge of such lien, provided that neither the Housing Common Area, nor the Demised Premises other than the Parking Garage Premises, nor the Parking Garage Premises, nor any part thereof, shall thereby become liable to forfeiture or sale. 138 10 Section 6.03 Rights of SJDC If not defended by NBHC as provided in Section 6.02 of this Article VI, SJDC may, but shall not be obliged to, upon expiration of thirty (30) Days after SJDC has given notice thereof as provided in Section 6.01 of this Article Vl, discharge any lien filed or registered if in the reasonable opinion of SJDC the Housing Common Area, or any part thereof, becomes or may become liable to any forfeiture or sale or is otherwise in jeopardy and any amount paid by SJDC in so doing, together with all reasonable costs and expenses of SJDC, shall be paid by NBHC to SJDC within fifteen (15) Days of demand being made therefor by SJDC. Section 6.04 Rights of Hardman If not defended by NBHC as provided in Section 6.02 of this Article VI, Hardman may, but shall not be obliged to, upon expiration of thirty (30) Days after Hardman has given notice thereof as provided in Section 6.01 of this Article Vl, discharge any lien filed or registered if in the reasonable opinion of Hardman the Demised Premises other than the Parking Garage Premises, or any part thereof, becomes or may become liable to any forfeiture or sale or is otherwise in jeopardy and any amount paid by Hardman in so doing, together with all reasonable costs and expenses of Hardman, shall be paid by NBHC to Hardman within fifteen (15) Days of demand being made therefor by Hardman. Section 6.05 Rights of City If not defended by NBHC as provided in Section 6.02 of this Article VI, the City may, but shall not be obliged to, upon expiration of thirty (30) Days after the City has given notice thereof as provided in Section 6.01 of this Article VI, discharge any lien filed or registered if in the reasonable opinion of the City the Parking Garage Premises, or any part thereof, becomes or may become liable to any forfeiture or sale or is otherwise in jeopardy and any amount paid by the City in so doing, together with all reasonable costs and expenses of the City, shall be paid by NBHC to the City within fifteen (15) Days of demand being made therefor by the City. ARTICLE VII INDEMNITY Section 7.01 Obligation of NBHC Except where the same arises out of the negligence or other tort of SJDC, Hardman or the City, their servants, agents or employees, NBHC shall indemnify and save harmless SJDC, Hardman and the City from and against any and all manner of actions, causes of action, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or arising out of any breach, violation or nonperformance of any covenant, condition or provision in this agreement set forth and contained on the part of NBHC to be fulfilled, kept, observed and performed or otherwise arising out of the exercise by NBHC of the NBHC Rights and in addition, but without limiting the generality of the foregoing, if resulting from the exercise by NBHC of the NBHC Rights, NBHC shall indemnify and save harmless SJDC, Hardman and the City from and against any and all manner of actions, causes of action, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to and arising out of, (a) ' injury to person or persons, including death resulting at any time therefrom, occurring in or about the Housing Common Area, the Demised Premises other than the Parking Garage Premises, or the Parking Garage Premises; and 139 (b) any damage to or loss of property occasioned by the exercise by NBHC of the NBHC Rights. Section 7.02 Survival of Obligation of NBHC The obligation of NBHC to indemnify under the provisions of this Article VII shall, with respect to liability by reason of any matter arising prior to the expiration of the term of this agreement, survive the expiration of such term, anything in this agreement to the contrary notwithstanding. Section 7.03 Defence of Action by NBHC NBHC shall, in any and every event in which SJDC, Hardman and/or the City is made a party to any action, suit or proceeding in respect of a claim to which the obligation of NBHC to indemnify under the foregoing provisions of this Article VII extends, if so requested by SJDC, Hardman and/or the City defend such action, suit or proceeding in the name of SJDC, Hardman or the City, as the case may be, provided that NBHC may in any such event elect to pay and satisfy any such claim; in no such event shall SJDC, Hardman or the City settle or compromise any such claim, and in each such event SJDC, Hardman or the City, as the case may be, shall inform NBHC fully of such claims and shall cooperate with NBHC in the defence of any such action, suit or proceeding. ARTICLE VIII COMPLIANCE WITH LAWS Section 8.01 Oblieation ofNBHC NBHC shall comply with all applicable provisions of law affecting the New Easement Installations, including without limiting the generality of the foregoing, federal, provincial and municipal enactments and regulations, including those of fire insurance and underwriters, relating to the construction of the New Easement Installations and the making of any repairs, replacements, alterations, additions, changes or substitutions thereto. ARTICLE IX ASSIGNMENT OF NBHC RIGHTS Section 9.01 Consent not Reauired Subject to the provisos hereafter set out, NBHC may at any time, and from time to time, assign the NBHC Rights to any person, firm or corporation without the consent of SJDC, Hardman or the City; provided always that the making of any such assignment shall be subject to compliance by NBHC with the other provisions of Article IX and provided further that, (a) any such assignment shall apply and relate to the whole of the NBHC Rights, and not only to a part thereof; and (b) any such assignment shall not by made to any person, firm or corporation which is not at the time of the making of such assignment, and which does not so remain from time to time for the time being thereafter, the assignee of the whole of the Senior Citizen' Housing Space Lease. 140 12 Section 9.02 Covenant by Assignee NBHC shall secure from any assignee of the NBHC Rights, prior to or at the time of any assignment thereof, a covenant in writing in favour of SJDC, Hardman and the City binding such assignee to assume the due and punctual performance of all the covenants and agreements in this agreement by NBHC to be kept, observed and performed. Section 9.03 Notice of Assignment NBHC shall deliver to SJDC, Hardman and the City, within ten (10) Days next following any assignment of the NBHC Rights, a notice in writing of the making of such assignment and of the effective date thereof together with a duplicate original of the covenant of the assignee provided for in Section 9.02 of this Article IX. Section 9.04 Release of NBHC In the event of any assignment of the NBHC Rights in accordance with the provisions hereof, NBHC shall be released from any obligation arising hereunder after the effective time of such assignment, but shall remain liable to SJDC, Hardman and the City in respect of any obligation existing at the effeetive time of such assignment. ARTICLE X MORTGAGE OF NBHC RIGHTS Section 10.01 Right of NBHC Notwithstanding anything to the contrary in this agreement contained, but subject always to the provisos hereinafter set out, NBHC shall have the right at any time and from time to time to enter into a mortgage or other charge of the interest of NBHC in the NBHC Rights; provided always that the giving of any such mortgage or other charge shall be subject to compliance by NBHC with the other provisions of this Article X and provided further that, (a) any such mortgage or other charge shall mortgage or charge the whole of the interest of NBHC in the NBHC Rights, and not only a part thereof; and (b) any such mortgage or other charge shall not be given to any person, firm or corporation which is not at the time of the giving of such mortgage or other charge, and which does not so remain from time to time for the time being thereafter, the holder of a mortgage or other charge against the whole of the interest of NBHC in the Senior Citizens' Housing Space. Section 10.02 NBHC to Perform Covenants: Rights of SJDC. Hardman and the Citv NBHC shall observe and perform all the covenants and obligations entered into or incurred in respect of any mortgage or other charge of the interest of NBHC in the NBHC Rights and shall not suffer or allow any such covenants or obligations to be in default; and, if any such default shall occur, SJDC, Hardman or the City may, but shall not be obliged to, rectify such default for the account of NBHC, and any amount paid by SJDC, Hardman or the City, as the case may be, in so doing, together with all reasonable costs and expenses of SJDC, Hardman or the City shall be paid by NBHC to SJDC, Hardman or the City, as the case may be, within fifteen (15) Days of demand being made therefor. 141 13 ARTICLE XI QUIET ENJOYMENT OF NBHC RIGHTS Section 11.01 Assurances SJDC, Hardman and the City hereby covenant with NBHC that NBHC, performing the covenants herein on the part of NBHC contained, shall and may, except as otherwise expressly provided herein, peacefully possess and enjoy the NBHC Rights for the term set out herein without any interruption or disturbance from SJDC, Hardman or the City, or any other person or persons lawfully claiming by, from or under SJDC, Hardman or the City. ARTICLE XII DEFAULT BY NBHC Section 12.01 Notice of Default If NBHC shall default in the payment of any sums required to be paid by NBHC under any provision of this agreement, or if NBHC shall default in performing or observing any of its other covenants or obligations under this agreement, as the case may be:- (a) SJDC, on behalf of itself, Hardman and the City, shall give notice of such default to NBHC; and (b) SJDC, on behalf of itself, Hardman and the City, shall give notice of such default to the holder of any mortgage of or other charge against the interest of NBHC in the NBHC Rights which has delivered to SJDC written notice of its mortgage or other charge specifying its name and address, together with a copy of such mortgage or other charge. Section 12.02 Termination by SJDC If upon the expiration of a period of sixty (60) Days following the later of the giving of notice to NBHC and to the holder of any mortgage or other charge as provided for in Section 12.01 of this Article X11, if the default in respect of which such notice is given, (a) being a default in payment, continues to exist, or (b) not being a default in payment, the curing of such default has not been proceeded with promptly after the giving of such notice, then, and in either such event, at the option of SJDC, this agreement, from and after the expiration of such period of sixty (60) Days but subject to the rights of the holder of any such mortgage or other charge as herein provided and to the provisions of Sections 12.03 and 12.05 of this Article XII, may be terminated by and upon further notice given by SJDC to NBHC and to the holder of any such mortgage or other charge and shall thereupon expire as fully and completely as if the date of the giving of such further notice were the date herein fixed for the expiration of the term of this agreement, but NBHC shall notwithstanding such termination remain liable for any loss or damage suffered by SJDC. Section 12.03 lxcentions Notwithstanding the provisions of Section 12.02 of this Article Xl1:- 142 14 (a) If a default, not being a default in payment, reasonably requires more time to cure than sixty (60) Days, SJDC shall not have the option to terminate this agreement in the manner herein provided if the curing of the default is commenced forthwith upon the giving of the further notice referred to in Section 12.02 of this Article XII and with due diligence is thereafter completed; and (b) This agreement shall not be terminated by SJDC for any default, (i) which is not a default of NBHC in payment of any sum or amount (including any amount payable by way of indemnity) which NBHC is required to pay under any provision of this agreement or, (ii) which is not a default of NBHC under those provisions of this agreement set out in Section 2.05 of Article II, Section 5.01 of Article V or Section 9,01 of Article IX, unless and until the Senior Citizens' Housing Space Lease shall have first been terminated by SJDC; provided that nothing in this Section 12.03 shall be construed as limiting or restricting the rights of SJDC under Article XIII of this agreement. Section 12.04 Intervention by Morteaeee of NBHC Rights If this agreement shall be subject to termination or forfeiture pursuant to Section 12.02 of this Article XII, the default of NBHC shall be deemed to have been cured if within sixty (60) Days of the giving of the further notice by SJDC to the holder of any mortgage of or other charge against the interest of NBHC in the NBHC Rights, as provided for in Section 12.02 of this Article XII, such holder of any mortgage or other charge shall, as against NBHC, take possession and control of the NBHC Rights and covenant with SJDC to perform all the covenants and obligations of NBHC hereunder. ARTICLE XIII RIGHT OF SJDC TO CURE DEFAULT Section 13.01 Right to Enter SJDC, its servants, agents and employees, on behalf of itself, Hardman and the City, shall have the right at all reasonable times (or at any time in those situations referred to in Section 13.02 of this Article XIII) to enter in and upon the New Easement Installations for the purpose of curing any default of NBHC, and no such entry for such purpose shall be deemed to work a forfeiture or termination of this agreement and NBHC shall permit such entry. Section 13.02 Notice of Entrv SJDC, on behalf of itself, Hardman and the City, shall give not less than seven (7) Days notice to NBHC of its intention to enter in and upon the New Easement Installations as permitted under Section 13.01 of this Article XIII, but may enter upon a shorter notice or without notice where in the reasonable judgment of SJDC there is real or apprehended emergency or danger to persons or property in respect of the New Easement Installations or the Housing Common Area, or any part thereof, or where any delay in remedying such default would or might materially prejudice SJDC. 143 15 Section 13.03 Reimbursement of Expenses NBHC shall reimburse SJDC for all reasonable and proper expenses incurred by SJDC in remedying any default as provided in this Article XIII within fifteen (15) Days of demand being made therefor by SJDC. Section 13.04 Relief from Liabilitv SJDC shall be under no obligation to remedy any default of NBHC as provided in this Article XIII and shall not incur any liability to NBHC for any action or omission in the course of its remedying or attempting to remedy any such default unless such act amounts to intentional misconduct or negligence of SJDC, its servants, agents or employees. Section 13.05 Payment in Event of Default If NBHC fails to pay when due any and all moneys which NBHC is required to pay under this agreement, SJDC shall be at liberty, except as otherwise restricted in this agreement, but shall not be bound, to pay the same on behalf of NBHC and NBHC shall reimburse SJDC for any amount so paid within fifteen (15) Days of demand being made therefor by SJDC. Section 13.06 Effect of Curing of Default In the event any default of NBHC is cured or remedied by NBHC as provided in this Article XIII this agreement shall not thereupon be subject to termination by reason only of such default. ARTICLE XIV CERTIFICATE Section 14.01 Furnishing of Certificate SJDC, Hardman or the City, on the one hand, and NBHC, on the other hand, at any time and from time to time upon not less than five (5) business days prior request from the other, shall deliver to the other a written certificate stating and specifying, to the best knowledge of the signatory of such certificate:- (a) whether or not the within agreement is in full force and effect; (b) any amendments or modifications made to the within agreement; (c) in the case of SJDC, Hardman or the City, whether or not NBHC has constructed, installed and/or maintained the New Easement Installations as permitted hereunder; (d) whether or not the other is in default under any covenant, agreement or condition contained herein and, if so, the nature of such default; and/or (e) any other relevant information as may be reasonably requested in respect of any other matter referred to herein. Section 14.02 Reliance Unon Certificate Any certificate delivered pursuant to Section 14.01 of this Article XIV may be relied upon by any prospective purchaser or mortgagee of the interest of SJDC, Hardman 144 16 or the City, or of NBHC, as the case may be, existing under or by virtue of this agreement, and by their respective successors and assigns. ARTICLE XV SURRENDER Section 15.01 Surrender by NBHC to SJDC NBHC shall at the expiration of the term of this agreement, or upon any other termination of this agreement, without any cost to or compensation from SJDC, surrender and deliver up to SJDC the New Easement Installations to the extent that such installations are located in the Housing Common Area, and any and all fixtures and appurtenances thereto, in the state of repair and condition which by this agreement NBHC has covenanted to keep the same. Section 15.02 Surrender by NBHC to Hardman NBHC shall at the expiration of the term of this agreement, or upon any other termination of this agreement, without any cost to or compensation from Hardman, surrender and deliver up to Hardman the New Easement Installations to the extent that such installations are located in the Demised Premises other than the Parking Garage Premises, and any and all fixtures and appurtenances thereto, in the state of repair and condition which by this agreement NBHC has covenanted to keep the same. Section 15.03 Surrender by NBHC to the Citv NBHC shall at the expiration of the term of this agreement, or upon any other termination of this agreement, without any cost to or compensation from the City, surrender and deliver up to the City the New Easement Installations to the extent that such installations are located in the Parking Garage Premises, and any and all fixtures and appurtenances thereto, in the state of repair and condition which by this agreement NBHC has covenanted to keep the same. ARTICLE XVI OVERHOLDING Section 16.01 Effect If NBHC remains in possession of the NBHC Rights, or any part thereof, after the expiration of the term of this agreement, without objection by SJDC, Hardman or the City, and without written agreement to the contrary, NBHC shall be deemed to hold and possess the NBHC Rights from month to month and all the covenants and agreements hereof shall apply in so far as they are applicable thereto. ARTICLE XVII REMEDIES NOT EXCLUSIVE, NON-WAIVER Section 17.01 Remedies Cumulative and Non-Exclusive The respective remedies of SJDC, Hardman, the City and NBHC under this agreement shall be cumulative and are in addition to any remedies of SJDC, Hardman, the City and NBHC, respectively, at law or in equity and shall not be deemed to be exclusive, and SJDC, Hardman, the City and NBHC, respectively, may from time to time have recourse to one or more or all of the available remedies provided herein or at law or in equity. 145 17 Section 17.02 Non-Waiver The failure of SJDC, Hardman and the City, on the one hand, or NBHC, on the other hand, to insist upon the strict performance of any covenant of this agreement on the part of the other to be performed shall not constitute a waiver of such covenant, and the waiver by either SJDC, Hardman and the City, on the one hand, or NBHC, on the other hand, of any breach of any covenant by the other shall not constitute a waiver of such covenant in respect of any future or other breach thereof; no waiver by either SJDC, Hardman and the City, on the one hand, or NBHC, on the other hand, of any breach by the other of any covenant of this agreement shall be effective unless made in writing. Section 17,03 Acceptance of Monevs The receipt and acceptance by SJDC, Hardman or the City, of any payment of moneys due hereunder with knowledge of any breach of any covenant of this agreement by NBHC which is not cured by such payment shall not constitute a waiver of such breach. ARTICLE XVIII NOTICES Section 18.01 Manner of Giving All notices, demands, requests, consents, approvals and other instruments required or permitted to be given pursuant to the terms of this agreement shall be in writing, and may be served upon NBHC by sending it by registered mail posted in New Brunswick to NBHC addressed to: 551 King Street Fredericton, NB E3B IE7 Attention: Manager, Property Management and Loans Administration or to such other address as NBHC may from time to time designate in writing to SJDC, Hardman or the City, as the case may be, or may be served by delivering it personally to any, officer of NBHC, and, in the case of the holder of any mortgage of or other charge against the interest of NBHC in the NBHC Rights, may be served upon the holder of such mortgage or other charge by sending it by registered mail to such address as may be designated by it pursuant to the provisions of paragraph (b) of Section 12.01 of Article XII of this agreement, or may be served by delivering it personally to any officer of the holder of such mortgage or other charge, and, in the case of SJDC, may be served upon SJDC by sending it by registered mail posted in New Brunswick to SJDC addressed to: Saint John Development Corporation 1 Market Square Saint John, NB E2L 4S6 Attention: General Manager or at such other address as SJDC may from time to time designate in writing to NBHC, or may be served by delivering it personally to any officer of SJDC, and, in the case of Hardman, may be served upon Hardman by sending it by registered mail posted in New Brunswick to Hardman addressed to: The Hardman Group Limited 1 Market Square Saint John, NB E2L 4Z6 Attention: President 146 18 or at such other address as Hardman may from time to time designate in writing to NBHC, or may be served by delivering it personally to any officer of Hardman, and, in the case of the City, may be served upon the City by sending it by registered mail posted in New Brunswick to the City addressed to: The City of Saint John City Hall, Floor 8th P. 0. Box/CP 1971 Saint John, NB E2L 4Ll Attention: Common Clerk or at such other address as the City may from time to time designate in writing to NBHC, or may be served by delivering it personally to any officer of the City. Section 18.04 Deemed ReceiAt Any notice sent by registered mail shall be deemed to have been duly given and received by NBHC, SJDC, Hardman, or the City, or any such holder of any mortgage or other charge, as the case may be, on the seventh business day following the day of mailing. ARTICLE XIX TIME OF THE ESSENCE Section 19.01 Unless Otherwise Provided Time shall be of the essence of this agreement and all the provisions hereof, save as otherwise specifically provided herein. ARTICLE XX HEADINGS; GOVERNING LAW Section 20.01 Headines The headings and the table of contents in this agreement are for convenience of reference only, and shall not affect the scope, intent or interpretation of any provision hereof. Section 20.02 Governing Law This agreement shall be governed by the laws of the Province of New Brunswick. ARTICLE XXI EXTENSION OF TIME Section 21.01 Effect of Delavs Notwithstanding that time is stated to be of the essence of this agreement and all the provisions thereof, the time or times limited for the doing of any act or thing, other than the making of a payment of any amount due under this agreement, shall be extended for the time equivalent to any delay caused by any event beyond the control of a party hereto, including, without limiting the generality of the foregoing, strikes, slowdowns, work stoppages, shortages of labour or material, extreme weather conditions, unusual delays by common carriers, rationing, fire or Acts of God, provided however that in the 147 19 event of any delay as aforesaid, or any anticipated delay, the party who is delayed, or who anticipates being delayed, shall give the other parties hereto notice thereof as soon as feasible and shall take all such steps as are reasonable in the circumstances to remedy such delay and to mitigate the effect thereof upon the other parties hereto, ARTICLE XXII COUNTERPARTS Section 22.01 Execution This agreement may be executed in several counterparts, each of which when executed by SJDC, Hardman, the City and NBHC shall be deemed to be an original, and such counterparts shall together constitute one and the same instrument. ARTICLE XXIII FURTHER ASSURANCES Section 23.01 To Give The parties hereto, respectively, shall from time to time and at all times do such further acts and execute and deliver all such further documents and assurances as shall be reasonably required in order to perform and carry out the terms of this agreement. ARTICLE XXIV SCHEDULE Section 24.01 To Constitute Part Schedules "A", "B", "E" and "F" hereto shall for all purposes be deemed to constitute a part of this agreement. ARTICLE XXV AMENDMENT Section 25.01 Manner This agreement may be amended only by specific written indenture executed with the same formality as this agreement itself. ARTICLE XXVI GENDER AND NUMBER Section 26.01 To Include Wherever the context in this agreement so requires, words denoting the singular shall include the plural, the masculine shall include the feminine, and a person shall include a corporation and a firm, and vice versa. 148 20 ARTICLE XXVII EFFECT OF INVALIDITY OF PROVISION Section 27.01 Not to Affect Other Provisions The invalidity of any provision of this agreement or any covenant herein contained shall not affect the validity of any other provision or covenant of this agreement. ARTICLE XXVIII APPLICATION OF PROVISIONS Section 28.01 Bindins7 Effect This agreement and all the covenants, agreements, terns, conditions, provisions and undertakings contained in this agreement, shall extend to and be binding upon and enure to the benefit of SJDC, Hardman and the City, on the one hand, and NBHC, on the other hand, and their respective successors and assigns, the same as if they were in every case named and expressed herein, and the same shall be construed as covenants running with the land, and wherever in this agreement reference is made to either SJDC, Hardman and the City, on the one hand, or NBHC, on the other hand, it shall be held to include and apply also (wherever and whenever applicable but subject to the express provisions of this agreement) to the successors and assigns of SJDC, Hardman and the City, on the one hand, or NBHC, on the other hand, as the case may be, the same as if in each and every case so expressed herein. ARTICLE XXIX CONSENT OF MORTGAGEES Section 29.01 Consent of CIBC Mortizages CIBC Mortgages is a party to this agreement solely in its capacity as mortgagee of Hardman's leasehold interest in the Demised Premises pursuant to a mortgage dated February 19, 2003 and registered in the Saint John County Registry Office on February 21, 2003 as Number 15852594, and hereby consents to, and joins in, the grants of easement by Hardman set forth herein. Section 29.02 Consent of CIBC CIBC is a party to this agreement solely in its capacity as mortgagee of Hardman's leasehold interest in the Demised Premises pursuant to a debenture dated March 16, 2009 and registered in the Land Titles Office on March 25, 2009 as Number 26955865, and hereby consents to, and joins in, the grants of easement by Hardman set forth herein. 149 SCHEDULE "F" ALL that certain parcel of air space identified, described and shown as Air Space Parcel 83-2, on "Amending Subdivision Plan Relating to Air Space Parcels 83-1, 83-2, 85-3, 85- 4 and 8-5 Being Part of the Air Space Appurtenant to Parcel `1' on plan of property filed in the Saint John County Registry Office on October 14, 1980 as Number 13, Drawer 9, Market Square Development, City of Saint John, Saint John County, N. B.", dated September 10, 1985, prepared by Murdoch-Lingley Limited and signed by Carl A. Laubman, N.B.L.S., and filed in the Saint John County Registry Office on September 13, 1985 as Numberl864. 150 Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land 71desAct, S.N.B.1981, c.L-1.1, s.55 Deponent: Office Held by Deponent: Corporation: Other Officer Who Charles Swanton Chairman Saint John Development Corporation Daryl Wilson Office Held by Other Secretary -Treasurer Officer Who Executed the Instrument Place of Execution: Saint John, New Brunswick May Date of Execution: -AJr4',*, 2009 1, Charles Swanton, the deponent, make oath and say: I. That I hold the office specified above in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 1 That the attached instrument was executed by me and the other officer specified above as the officers duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by order of the Board of Directors of the corporation; 4. That the instrument was executed at the place and on the date specified above; SWORN TO at the City of Saint John, in the Pro 'nce of New Brunswick this 19 day of %R, 2009. BEFORE ME: q'C't a - Name: Fk6v14j-r4 a. Ce6cl? Commissioner of Oaths Being a Solicitor 7 Charts Swanton 151 Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B.1981, c.L-1.1, s.55 Deponent: Clayton R. Hardman 1226 Hollis Street Halifax, NS 133T 1T6 Office Held by Deponent: Secretary Corporation: The Hardman Group Limited Other Officer Who William N. Hardman 1226 Hollis Street Halifax, NS 133T 1T6 Office Held by Other President Officer Who Executed the Instrument Place of Execution: Halifax, Nova Scotia Date of Execution: May 2009 I, Clayton R. Hardman, the deponent, make oath and say: 1. That I hold the office specified above in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me and the other officer specified above as the officers duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by order of the Board of Directors of the corporation; 4. That the instrument was executed at the place and on the date specified above; 5. That the ownership of a share of the corporation does not entitle the owner thereof to occupy the parcel described in the attached instrument as a marital home. SWORN TO at the City of Saint John, in ) the Province of New Brunswick this _ ) day of May, 2009. ) BEFORE ME: 1 Name: D. Hayw rd Aiton, QC, Commissioner of0aths /d ~ Clayton R. Hardman 152 Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land rldesAct, S.N.B.1981, c.L-1.1, s.55 Deponent: Elizabeth Gormley 15 Market Square Saint John, NB E2L 1 E8 Office Held by Deponent: Common Clerk Corporation: CITY OF SAINT JOHN Other Officer Who Ivan Court Executed the Instrument: 15 Market Square Saint John, NB E2L 1 E8 Office Held by Other Mayor Officer Who Executed the Instrument: Place of Execution: Saint John, New Brunswick Date of Execution: May , 2009 I, Elizabeth Gormley, the deponent, make oath and say: 1. That I hold the office specified above in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me and the other officer specified above as the officers duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by order of the Board of Directors of the Corporation, 4. That the instrument was executed at the place and on the date specified above; SWORN TO before me at the City of Saint ) John, in the Province of New Brunswick ) this day of May, 2009. ) Name: Commissioner of Oaths Being a Solicitor Elizabeth Gormley 153 Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c. L-1.1 s.55 Deponent: Name : Address Office Held by Deponent: Corporation: CIBC MORTGAGES INC. Other Officer Who Executed Name : the Instrument: Address Office Held by Other Officer Who Executed the Instrument: Place of Execution: Toronto, Ontario Date of Execution: April , 2009 I, , the deponent, make oath and say: I. That I hold the office specified above in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me and the other officer specified above as the officers duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by order of the Board of Directors of the corporation; 4. That the instrument was executed at the place and on the date specified above; 5. That the ownership of a share of the corporation does not entitle the owner thereof to occupy the parcel described in the attached instrument as a marital home. SWORN TO at the City of Toronto ) in the Province of Ontario this ) day of April, 2009. ) BEFORE ME: Name: Notary Public in and for the Province of Ontario 154 Form 37 STATUTORY DECLARATION OFATTORNEY Land 71desAct, S.N.B.1981, c.L-1.1, s.47 Parcel Identifiers 55011878 Deponent: Name : Address Deponent: Name : Address Registration Particulars of Saint John County Power ofAttorney: December 21, 2006 23254189 Registered Owner: Canadian Imperial Bank of Commerce Place of Execution: Halifax, Nova Scotia Date of Execution: April , 2009 We, the deponents, do solemnly declare: 1. That we are the attorneys named in the specified power of attorney registered. 2. That the attached instrument was executed by us as attorneys for the registered owner at the place and on the date specified. 3. That the power of attorney has not been revoked. AND WE make this Solemn Declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Evidence Act. DECLARED before me at the City of Halifax, in the Province of Nova Scotia this day of April, 2009. Name: Notary Public in and for the Province of Nova Scotia 155 Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c. L-1.1 s,55 Deponent: Alan L. Rayner Social Development 551 King Street Fredericton, NB E3B lE7 Office Held by Deponent: Manager, Property Management & Loans Administration Central Office Program Delivery Program Delivery Division Corporation: NEW BRUNSWICK HOUSING CORPORATION Other Officer Who Executed Luc J. Sirois the Instrument Social Development 551 King Street Fredericton, NB E3B 1E7 Office Held by Other Officer Director, Central Office Program Delivery Who Executed the Instrument: Program Delivery Division Place of Execution: Fredericton, New Brunswick Date of Execution: J 6 day of 2009 I, the deponent, make oath and say: 1. That I hold the office specified above in the Department specified above, and am authorized to make this affidavit on behalf of the Corporation and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me and the other officer specified above as the officers duly authorized to execute the instrument on behalf of the Corporation; 3. That the seal of the Corporation was affixed to the instrument by authority of the Board of Directors of the Corporation; 4. That the instrument was executed at the place and on the date specified above; 5. That the ownership of a share of the Corporation does not entitle the owner thereof to occupy the parcel described in the attached instrument as a marital home. SWORN TO at the City of Fredericton in the County of York and Province of New Brunswick, on the - / 5 day of . 2009. X eA~' BEFORE ME: A Commissi er of Oaths NANCY BEAULIEU Commissioner of Oaths My Commission expires December 31, 2013 Alan L. Rayner 156 REPORT TO COMMON COUNCIL May 29, 2009 Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: SUBJECT: REQUEST FOR MEETING Last week Council discussed the importance of finalizing negotiations with our large industrial water users. At that time, staff had sought an opportunity to meet with Council privately to seek direction. REQUEST: That Common Council meet with City staff, at a time convenient for Council, Tuesday, June 2, 2009, for the sole purpose of discussing ongoing negotiations with our large industrial customers. ~ espe ly submitted, Terrence L. Totten, FCA CITY MANAGER 157 Saint John Parking Commission Commission sur le stationnement de Saint John M&C 2009-153 May 25, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: 11th Floor, City Hall, 11[6 me to e, 1-16tel de Ville P.C. Box 1971 / C.P. 1971 Saint John, N,BJN.- . E 2L 4L1 Tel/ T61: (506) 656-2897 Fax/ T616copieur: (506) 649-7938 E-mail / Courriel: parking[ salntiohn.ca SUBJECT: SALTY JAM FESTIVAL 2009 - REQUEST TO USE WATER STREET (COAST GUARD) PARKING LOT BACKGROUND The Saint John Parking Commission received a request from the organizers of the 2009 Salty Jam Festival to use the Water Street Parking Lot as the festival site from Thursday evening, July 9, 2009 until Sunday, July 12, 2009. ANALYSIS The festival organizers are seeking permission to begin festival set up on Thursday evening to erect the tent which will occupy approximately one-half of the parking lot as shown on the attached diagram. The event begins on Friday, July 10, 2009 and continues through until Saturday, July 11, 2009, with cleanup scheduled for Sunday, July 12, 2009. Daily and monthly parking would be affected only on Friday, July 10, 2009, as only half of the lot would be available for parking. Due to a limited budget, the festival organizers have requested to use the parking lot at no charge; but they have offered to recognize the Saint John Parking Commission as an in-kind sponsor of the event and include our logo on their promotional materials and website. The Saint John Parking Commission approved this request as the festival organizers have agreed to the terms and conditions of the Parking Lot Usage Policy dated August 16, 2008, and they have also agreed to repair any holes in the asphalt surface from the tents; however, this request also requires approval by the City of Saint John as the property is City-owned. www.sq"John.ca 2 RECOMMENDATION It is recommended that Common Council approve the request of the Salty Jam Festival to allow the use of the Water Street Parking Lot from Thursday, July 9, 2009 after 5:00 p.m. until Sunday, July 12, 2009, for the purpose as indicated above; and further, that the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, e Christop Titus Chai an Saint John Parking Commission Terrence L. Totten, F.C.A. City Manager 159 Tuesday, May 05, 2009 Christopher Titus Chairman Saint John Parking Commission Dear Mr. Titus: FESTIVAL. OF MUSIC c ~ r . As the Chair of Saltyjam, Saint John's Festival of Music, I have put in a request with Richard Smith to use the Coast Guard parking lot as this year's location for the main tent. Bringing the Festival back to the Uptown area from Long Wharf would not only greatly benefit Saltyjam but it would benefit the Uptown area as a whole. We would need the parking lot from Thursday, July 9"' (for set up) through to Sunday, July 12`' (for tearing down). The only work day that would be affected by our use of the parking lot would be Friday, July 101" and even then, we would only be using approximately half of the parking lot, so people would still be able to use the other half of the lot on that day for parking. For the remainder of the weekend, Saltyjam will require full use of the parking lot for additional equipment such as a reefer truck and an RV (or small tent) for artist green rooms. As you are likely aware, Saltyjam is recovering from a few bumps last year and, as such, we are working on a limited budget. We would be ever so grateful if the Parking Commission would consider allowing us use of the parking lot at no cost. In turn, we would advertise the Saint John Parking Commission as an in-kind sponsor for the event and we would include your logo on various print materials advertising the festival, as well as on our website. Myself and the Saltyjam Planning Committee cannot thank you enough for taking the time to consider our request. Should you have any questions or concerns, please do not hesitate to contact me. Sincere Saltyjam 2009 Irs Attach. Saltyjam Festival, Inc. I PO Box 7205 1 Saint John, NS I E2L 456 (506) 639-7754 160 I _alwL pow, 161 Saint John Parking Commission Commission sur le stationnement de Saint John M&C 2009-151 May 22, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: 11 th Floor, City Hall, 11 ibme Cage, HBtel de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.B./N.-B, E2L 41-1 Tel / T61: (506) 658-2897 Fax / T6I6copieur: (506) 649.7938 E-mail / Courriel: parking@saintlohn.ca SUBJECT: INCREASES TO ON-STREET PARKING RATES & PARKING METER AND TRAFFIC BY-LAW FINES BACKGROUND As part of the 2009 City budget process, Common Council approved an increase in the on-street parking rates and fines effective July 1, 2009. ANALYSIS On-Street Parkine Rate Over the past three years, the off-street monthly parking rates have increased approximately 7% per year and we will continue to monitor these increases on annual basis. However, the on- street hourly rate has not increased in over five years, while the off-street parking garage rates have increased and the present hourly rates are as follows: Brunswick Square Parking Garage $1.75/hour Market Square Parking Garage $2.00/hour Mercantile Centre $1.50/hour SJPC Surface Lots $1.25/hour On-Street Meter Rate $1.25/hour As you may or may not be aware, the philosophy concerning on-street parking states that on- street parking spaces are prime spaces and therefore, should be the most expensive and should turn over on a regular basis to ensure more people have the opportunity to use the most convenient spaces. Accordingly, these on-street parking spaces should be the highest priced parking spaces; conversely, they are the lowest priced parking spaces in Uptown Saint John. There has been a reluctance to raise on-street parking rates because it was considered that it may have a negative impact on the retail and business community. www.salle9ohn.ca 2 What we are finding at the present time is that both the on and off-street parking spaces are filling up very quickly in the uptown area, and the number of surplus parking spaces is dwindling very quickly. As a result, it is important to ensure that the price of parking is reviewed regularly and increased as required now and in the future. The prime parking spaces should be the more expensive spaces and we should work to ensure that is the case in Saint John. It is recommended that parking meter rates be increased from $1.25 per hour to $1.50 per hour effective July 1, 2009. In the 2010 budget year, a review of parking rates will be undertaken for a further recommendation at that time. Parkine Meter Fines and Traffic By-law Fines Upon reviewing the basic costs of providing both administrative services and collection services including the cost of summons serving process, it was found that these costs have risen in the past two years from the previous cost. A summons, for example, now costs $10.00 and $15.00 to serve as opposed to the previous cost of $5.00 and $10.00. The present and proposed parking fine structures are as noted below: Fine/Summons Parking Meter Fine Traffic By-law Fine Traffic By-law Fine (Handicap, Loading and Bus Zones) Parking Meter Summons Traffic By-law Summons Traffic By-law Summons Handicap, Loading and Bus Zones) Present Structure $15.00 per ticket ($10 if paid in 7 days) $25.00 per ticket ($15.00 if paid in 7 days) $50.00 per ticket ($35.00 if paid in 7 days) $35.00 per summons ($50.00 if proceeding to ex parte hearing or warrant) $35.00 per summons ($50.00 when it proceeds to ex parte hearing or Notice of Default $50.00 per summons (Remains at $50.00 when proceeding to Notice of Default hearing Proposed Structure $20.00 per ticket ($15.00 if paid in 7 days) $30.00 per ticket ($20.00 if paid in 7 days) $75.00 per ticket ($50.00 if paid in 7 days) $50.00 per summons ($75.00 if proceeding to ex parte hearing or warrant) $50.00 per summons ($75.00 when it proceeds to ex parte hearing or Notice of Defaullt $75 per summons ($75-$125.00 if proceeding to Notice of Default hearing) RECOMMENDATION It is the recommendation of the Saint John Parking Commission: 1. To amend the Parking Meter By-Law as follows: • Increase the on-street parking meter rate from $1.25 to hour to $1.50; • Increase parking meter fines to $20.00 per ticket ($15.00 if paid in 7 days); and 163 3 • Increase the parking meter summons to $50.00 ($75.00 when it goes to ex parte or warrant hearing). 2. To amend the Saint John Traffic By-law as follows: • Increase Traffic By-law fines to $30.00 per ticket ($20.00 if paid in 7 days); • Increase Traffic By-law fines for Handicap, Loading and Bus Zones to $75.00 per ticket ($50.00 if paid in 7 days); and • Increase Traffic By-law summons to $75.00 ($75.00 - 125.00 when it goes to Notice of Default hearing). And further, that these increases be effective July 1, 2009. Respectfully submitted, c~ Chr' her Titus C irman Saint John Parking Commission Terrence L. Totten, F.C.A. City Manager 164 May 29, 2009 Common Council of The City of Saint John Your Worship and Councillors: City Solicitors Office Bureau de Favocat municipal Re: Increase of Traffic By-Law and Parking Meter By-Law Fines By-Law Amendments I. Traffic By-Law The Parking Commission has requested that the fines in the Traffic By-Law be increased. Pursuant to subsection 113(6) of the Motor Vehicle Act, a local authority may enforce by-laws enacted under the authority of the Act by the imposition of penalties not exceeding one hundred and twenty five dollars ($125) for each offence. The attached amendment to the Traffic By-Law results in the desired increase of the minimum and maximum fines and of the voluntary payments for violations of the By-Law. The minimum fine is increased to $30.00 from $25.00, and the maximum fine is increased to $75.00 from $50.00 for regular violations. For violations related to disabled parking, truck routes, bus and loading zones, one way streets, or for any Section 16 violation (which include alternate side parking), there is now a minimum fine of $75.00 and a maximum fine of $125.00, compared to the flat $50.00 fine. The voluntary payments are also increased to $20.00 from $15.00 for regular violations, and to $50.00 from $35.00 for the above named violations. II. Parking Meter By-Law The Parking Commission also requested that the Parking Meter By-Law be amended to increase the on-street parking meter toll and to increase the fines. l2 A p AI P.O. Box 1971 Saint Jc hn, NB Canada F2L 4L1 wwwsaingohn.ca C.P. 1971 Saint John, NA. Canada F2L 41.1 165 Common Council City Solicitor May 29, 2009 Page 2 Re: Increase in Fines - Traffic By-Law and Parking Meter By-Law Subsection 164(2) of the Municipalities Act provides that Council "may by by- law provide for parking spaces and parking zones; provide far the installations of parking meters in or near parking spaces and for the installation of pay and display machines in or near parking zones " and "provide a toll for the parking of a vehicle in a parking space and fix the amount thereoffor different periods of time." Subsection 164(2)(g) provides that Council may, by by-law, also provide `for the payment of a voluntary penalty of an amount fixed by Council by any person for a breach of the by-law." Paragraph I00(1)(a) of the Municipalities Act provides that Council "may by by- law provide that a person who violates any provision of a by-law commits an offence and is liable upon conviction to a fine. " Paragraph 100(1)(b) provides that Council may by by-law "impose minimum fines for violation of a provision of a by-law. " Paragraph 100(1)(c) provides that Council may by by-law impose fines for a violation of a by-law "not to exceed one thousand and seventy dollars ($1,070,00)." The attached amendment to the Parking Meter By-Law results in the desired increase of the toll for parking meters and pay and display machines from one dollar and twenty five cents ($1.25) to one dollar and fifty cents ($1.50). It also results in the desired increase in the voluntary penalty from ten dollars ($10.00) to fifteen dollars ($15.00) if payment is made within 7 days of the offence; and from fifteen dollars ($15.00) to twenty dollars ($20.00) if payment is made more than 7 days but within 30 days of the offence; and from thirty five dollars ($35.00) to fifty dollars ($50.00) if payment is made more than 30 days after the offence but before a conviction in the Provincial Court of New Brunswick. Finally, the amendment also results in the desired increase in fine upon conviction from a minimum fine of thirty five dollars ($35.00) and a maximum fine of fifty dollars ($50.00) to a flat fine of seventy five dollars ($75.00) upon conviction. It is in order for Common Council, if it wishes, to give first and second reading to the attached amendments. Respectfully Submitted, John e 4t 1/, City olicitor Attachments (Traffic By-Law Amendments and Parking Meter By-Law Amendments) 166 BY-LAW NO.: A LAW TO AMEND A BY-LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE NO : ARRETA MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN ADICTA CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFI9RENTES Be it enacted by the Common Council of Lors d'une rdunion du conseil municipal, The City of Saint John as follows: The City of Saint John a d6cret6 cc qui suit: A By-law of The City of Saint John entitled "A By-law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto", enacted on the 19a' day of December, A.D. 2005, is hereby amended as follows: Par les pr6sentes, Parret6 de The City of Saint John intitui6 « Arretd relatif a la circulation dans les rues dans The City of Saint John 6dict6 conform6ment A ]a Loi sur les vehicules a moteur (1973) et les modifications aff6rentes v, d6cr6t6 le 19 decembre 2005, est modifi6 comme suit : 1 Section 26 is repealed and replaced with the 1 L'article 26 est abrog6 et remplac6 par cc qui following: suit : "26(1) Subject to subsections (2) and (3) of this section, any person who violates any of the provisions of this by-law is guilty of an offence and liable upon conviction to a penalty of not less than thirty dollars ($30.00) and not more than seventy- five dollars ($75.00). 26(1) Sous rdserve des paragrapher (2) et (3) du present article, toute personne qui contrevient a une des dispositions du present arret6 est coupable d'une infraction et passible sur condamnation d'une peine d'un montant minimal de trente dollars (30$) et d'un montant maximal de soixante-quinze dollars (75$). 26(2) Any person who violates sections 5(4)(d). 5(4)(e), 5(4)(i), 10, 16(1) or 19 of this by-law is guilty of an offence and liable upon conviction to a penalty of not less than seventy five dollars ($75.00) and not more than one hundred and twenty five dollars ($125.00). 26(3)(a) A person who violates any provision of this by-law, other than sections 5(4)(d), 5(4)(e), 5(4)(i), 10, 16(1) and 19, may pay to The City of Saint John, within seven (7) clear days from the date of such violation, a voluntary penalty of twenty dollars ($20.00) and upon such payment, then person who committed the violation is not liable to be prosecuted therefor. 26(3)(b) A person who violates sections 5(4)(d), 5(4)(e), 5(4)(i), 10, 16(1) or 19 may pay to The City of Saint John, within 7 clear days from the date of such violation, a voluntary penalty of fifty 26(2) Toute personne qui contrevient aux articles 5(4)(d), 5(4)(e), 5(4)(i), 10, 16(1) ou 19 du present arr6t6 est coupable d'une infraction et passible sur condamnation d'une peine d'un montant minimal de soixante-quinze dollars (75$) et d'un montant maximal de cent vingt-cinq dollars (125$). 26(3)(a) Toute personne qui contrevient a une disposition du present arret6, autres que celles prdvues aux articles 5(4)(d), 5(4)(e), 5(4)(i), 10, 16(1) et 19, peut payer a The City of Saint John, dans un delai de sept (7) jours francs a compter de la date de ladite infraction, un paiement volontaire de vingt dollars (20$) et ledit paiement d6gage la personne qui a commis ladite infraction de toute poursuite engagde a Pencontre de telle infraction. 26(3)(b) Toute personne qui contrevient aux articles 5(4)(d), 5(4)(e), 5(4)(i), 10, 16(1) et 19, peut payer a The City of Saint John, dans un delai de sept (7) jours francs a compter de la date de 167 dollars ($50.00) and upon such payment, the person who committed the violation is not liable to be prosecuted therefor." IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the day of , A.D. 2009 signed by: Mayor /Maire ladite infraction, un paiement volontaire de cinquante dollars (50$) et ledit paiement degage la personne qui a commis ladite infraction de toute poursuite engag6e a Pencontre de telle infraction. » EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2009, avec les signatures suivantes : Common Clerk/greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 168 BY-LAW NUMBER A BY-LAW TO AMEND A BY-LAW WITH RESPECT TO PARKING ZONES AND THE USE OF PARKING METERS AND PAY AND DISPLAY MACHINES Be it enacted by the Common Council of The City of Saint John as follows: A By-Law of The City of Saint John entitled "A By-Law With Respect to Parking Zones and The Use of Parking Meters and Pay and Display Machines" enacted on the 15" day of March, 2004 is hereby amended as follows: 1 Section 6 is amended by deleting subsection 6(4) and replacing it with the following: "6(4) The toll for parking a vehicle in a parking space that is located in a parking zone listed in Schedules "A" , "B" or "C" shall be One Dollar and Fifty Cents ($1.50) per hour." 2 Section 17 is amended by deleting subsection 17(1) and replacing it with the following : "17(1) A person who violates a provision of this by-law is guilty of an offence and is liable to the following penalties: a) a penalty of fifteen dollars ($15.00) if payment is made within 7 days of the date of the offence; b) a penalty of twenty dollars ($20.00) if payment is made more than seven (7) days after the date of the offence but within thirty (30) days of the date of the offence; ARRETE NO ARRETE MODIFIANT L'ARRETE CONCERNANT LES ZONES DE STATIONNEMENT ET L'UTILISATION DES PARCOMETRES ET DES HORODATEURS Lors d'une r6union du conseil communal, The City of Saint John a ddcrdt6 ce qui suit. Pars les pr6sentes, Farr6td de The City of Saint John intitul6 «Arrdt6 concemant les zones de stationnement et ('utilisation des parcom6tres et des horodateurs d6cr6te le 15 mars, 2004, est modifid comme suit: 1 Le paragraphe 6(4) est modifid par la suppression de celui-ci et son remplacement par ce qui suit : «6(4) Le taux de stationnement d'un Whicule dans un emplacement de stationnement situ6 dans une zone de stationnement figurant aux Annexes ((A << B ou «C sera d'un dollar cinquante (1,50$) Fheure. 2 L'article 17 est modifi6 par la suppression du paragraphe 17(1) et son remplacement par ce qui suit : << 17(1) Quiconque contrevient a une disposition du present arretd est coupable d'une infraction et est passible des sanctions suivantes : a) une amende de quinze dollars (15,00$) si la somme est acquitt6e dans les sept (7) jours de la date de ('infraction; b) une amende de vingt dollars (20,00$) si la Somme est acquitt6e plus de sept (7) jours apr6s la date de Pinfraction mais dans les trente (30) jours de la date de l'infraction; 169 2 C) a penalty of fifty dollars ($50.00) if payment is made more than thirty (30) days after the date of the offence but before conviction in the Provincial Court of New Brunswick; d) a fine of seventy five upon conviction in the Court of New Brunswick." c) une amende de cinquante dollars (50,00$) si la somme est acquittde plus de trente (30) jours apres la date de Pinfraction mais avant une declaration de culpabilite a la Cour Provinciale du Nouveau-Brunswick; ($75.00) d) une amende de soixante-quinze Provincial dollars (75,00$) sur declaration de culpabilit€ a la Cour Provinciale du Nouveau-Brunswick. » 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. 2009 and signed by: Mayor /Maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2009, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxi6me lecture - Third Reading - Troisieme - 170