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2006-09-11_Agenda Packet--Dossier de l'ordre du jour City of Saint John Common Council Meeting Monday, September 11, 2006 Location: Common Council Chamber Committee of the Whole 1. Call to Order - 5:00 pm Regular Meeting 1. Call to Order - Prayer 5:30 p.m. 2. Approval of Minutes 2.1 August 28 2006 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Adoption of Consent Agenda 5.1 Lease of Stalls 18, 19 and 20 - Lord's Lobster, City Market (Recommendation) 5.2 Sale of City Land off Lockhart Street and Cranston Avenue (Recommendation) 5.3 Acquisition of Easement from Galbraith Equipment Co. Ltd. Pipeline Road West (Recommendation) 5.4 Public Hearing Dates 251 and 361 Riverview Dr. 461 Ellerdale St. and 282 Douglas Ave. (Recommendation) 5.5 Sale of Portion of Closed Street (formerly Egbert Street Ext ensi 0 n )(Reco mmend ati 0 n) 5.6 Request to present from Uptown Saint John (Refer to Common Clerk) 5.7 Request for Mayor to attend Marine Model Expo (Refer to Mayor) 5.8 Letter from Wayne Schedler - concern over land development on Prince William St (Refer to City Manager) 5.9 Letter from Seniors Resource Center - Wheelchair Accessibility (Refer to City Manager) 6. Members Comments 7. Proclamation 7.1 Proclamation - Arthritis Month 7.2 Proclamation - September 15 United Way Day 8. Delegations / Presentations 9. Public Hearings 7:00 p.m. 9.1 Street Closing Constance Street 10. Consideration of By-laws 10.1 Third Reading Zoning By-law 57 Broadview Avenue 11. Submissions by Council Members 11.1 Ready John Inc. (Councillor Court) 11.2 Establishment ofIndependent Ethics Panel/Commission (Councillor Ferguson) 12. Business Matters - Municipal Officers 12.1 Contract 2006-31 Rothesay Rd (Route 100) at Kennebecasis Park, Road Reconstmction, Provincially Designated Highways Improvement Program 12.2 Contract 2006-13 Lancaster Lagoon Cell #1 Biosolids Removal and Dewatering 12.3 Contract 2006-30 Watennain Cleaning & Lining Phase 1 12.4 Contract 2006-32 Gault Road - New Storm Sewer 12.5 Proposal for YMCA YWCA to Operate the Forest Glen Community Centre 13. Committee Reports 13.1 Recommendation for approval of Subdivision - 57 Broadview Avenue 13.2 Public Utility Easements 4401 Loch Lomond Road 13.3 Board of Police Commissioners - Saint John Police Force Annual Report 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le lundi 11 septembre 2006 Emplacement: Salle du conseil communal Comite plenier 1. Ouverture de la seance: 17 h Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17 h 30 2. Approbation du proces-verbal 2.1 Proces-verbal de la seance tenue Ie 28 aout 2006 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Adoption de l'ordre du jour relatif aux questions soumises it l'approbation du conseil 5.1 Location des etals nOs 18, 19 et 20 : Lord's Lobster au marc he municipal (recommandation) 5.2 Vente de biens-fonds municipaux situes pres de la me Lockhart et de l'avenue Cranston (recommandation) 5.3 Acquisition d'une emprise sur Ie terrain appartenant a Galbraith Equipment Co. Ltd. sur Ie chemin Pipeline Ouest (recommandation) 5.4 Dates fixees pour la tenue d'audiences publiques relativement au 251 et au 361, promenade Riverview, au 461, me Ellerdale et au 282, avenue Douglas (recommandation) 5.5 Vente d'une partie d'une me fermee (anciennement l'extension de la me Egbert (recommandation) 5.6 Demande revue de Uptown Saint John voulant se presenter devant Ie conseil (transmise au greffier communal) 5.7 Demande adressee au maire voulant qu'il assiste a l'exposition de maquettes de bateaux (transmise au maire) 5.8 Lettre revue de Wayne Schedler relative a l'amenagement de terres situees sur la me Prince William (transmise au directeur general) 5.9 Lettre revue du centre de ressources des aines relative a l'acces pour les fauteuils roulants (transmise au directeur general) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Proclamation du mois de l'arthrite 7.2 Proclamation du 15 septembre comme journee de Centraide 8. Delegations et presentations 9. Audiences publiques 19 h 9.1 Fermeture de la me Constance 10. Etude des arretes municipaux 10.1 Troisieme lecture de l'arrete sur Ie zonage visant Ie 57, avenue Broadview 11. Intervention des membres du conseil 11.1 Ready John Inc. (conseiller Court) 11.2 :Etablissement d'un groupe ou d'une commission autonome d'experts (conseiller Ferguson) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Contrat nO 2006-31 relatif au chemin Rothesay (route 100) situe pres du parc Kennebecasis, visant les travaux de refection en vertu du programme d'amelioration des routes provinciales designees 12.2 Contrat nO 2006-13 relatif au bassin hydrographique Lancaster, cellule nO 1 visant l'enlevement et l'assechement de biosolides 12.3 Contrat nO 2006-30 : premiere etape du nettoyage et du revetement de la conduite d'eau principale 12.4 Contrat nO 2006-32 : installation de nouveaux egouts pluviaux sur Ie chemin Gault 12.5 Proposition presentee par Ie YMCA-YWCA relative a l'exploitation du centre communautaire Forest Glen 13. Rapports de comites 13.1 Recommandations relatives a l'approbation de lotissement visant Ie 57, avenue Broadview 13.2 Emprise aux fins de services publics visant Ie 4401, chemin Loch Lomond 13.3 Bureau des commissaires du service de police de Saint John visant Ie rapport annuel du corps de police de Saint John 14. Etude des sujets ecartes des questions soumises it l'approbation du conseil 15. Correspondance genera Ie 16. ClOture de la reunion present Norman McFarlane, Mayor Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White - and - J. Nugent, City Solicitor; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; R. Simonds, Fire Chief; A. Bodechon, Chief of Police; P. Woods, Deputy City Manager and Common Clerk, and E. Gormley, Assistant Common Clerk REUNION DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, LE 28 AOOT 2006 a 18 H Sont presents: Norman McFarlane, maire Les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et J. Nugent, avocat municipal; P. Groody, commissaire aux operations municipales; J. Baird, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; R. Simonds, chef du service d'incendie; A. Bodechon, chef de police; P. Woods, greffier communal et directeur general adjoint; ainsi que E. Gormley, greffiere communale adjointe. 1. Call To Order - Prayer, Mayor McFarlane called the meeting to order and offered the opening prayer. 1. Ouverture de la reunion, suivie de la priere La seance est ouverte par Ie maire McFarlane qui recite la priere d'ouverture. 2 Approval of Minutes On motion of Councillor Court Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on August 14, 2006, be approved. Question being taken, the motion was carried. 2. Approbation du proces-verbal de la derniere reunion Proposition du conseiller Court Appuyee par Ie conseiller White RESOLU que Ie proces-verbal de la reunion du conseil communal tenue Ie 14 aoClt 2006 soit approuve. A I'issue du vote, la proposition est adoptee. On motion of Councillor Court Seconded by Councillor Ferguson RESOLVED that the agenda of this meeting be approved and items 12.3, 12.4 and 15.2 be brought forward. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Court Appuyee par Ie conseiller Ferguson RESOLU que I'ordre du jour de la presente reunion so it adopte et que les points nOs 12.3, 12.4 et 15.2 soient examines des maintenant. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Adoption of Consent Agenda 5.1 Letter from Eric Teed - Creation of Bike Paths That the letter from Eric Teed regarding the increasing need for bicycle trails in the City be referred to the City Manager. 5.2 Letter from Rev. K. Russel Knowles Concern Over Racino That the letter from Rev. K. Russel Knowles, Pastor of the Calvary Temple regarding concerns about a Racino in the downtown area, be referred to the City Manager. 5.3 Request for Funding from Seawood School for Playground Equipment That the letter from Seawood School requesting a contribution from the Land for Public Purposes Fund for playground equipment, be referred to the City Manager. 5.4 John Howard Society Update on Group Care Home on Lawrence St. That the letter from the John Howard Society updating Council of the groupcare home for youthful offenders, be received for information. 5.6 Sale of Portion of City Land (formerly Derby St) to Bayview Heights Holding Ltd. That Common Council amend its resolution on Monday, July 31, 2006 contained in item #1 of M & C 2006-217, and replace it by deleting "Scottish Enterprises Ltd." where it appears and substituting in lieu thereof "Bayview Heights Holding Ltd." and that all other items of the resolution on Monday, July 31,2006 contained in M & C 2006-217, remain unchanged. 5.7 Construction Water Pipeline - Pipeline Rd West - Assent of Required Easements That Common Council assent to the attached easements for municipal services/municipal services easements in: a) a 53 square metre:t portion of PID Number 415687 from New Brunswick Southern Railway Company Limited; b) a 3,768 square metre :t portion of PID Number 408294, from Galbraith Equipment Co. Ltd.; and c) an 1,100 square metre :t portion of PID Number 408831, from Dexter Construction r:nmn::ln\l I imitl'>rl That the letter from Yvonne LeBlanc suggesting there be parking spaces near the General Hospital Dome site, be referred to the Parking Commission. On motion of Councillor White Seconded by Councillor Ferguson RESOLVED that the Consent Agenda be adopted with item 5.5 being considered separately as item 14.1. Question being taken, the motion was carried. 5. Adoption de I'ordre du jour relatif aux questions soumises a I'approbation du conseil 5.1 Lettre presentee par Eric Teed: amenagement de pistes cyclables Que la lettre presentee par Eric Teed relative aux besoins accrus en matiere de pistes cyclables dans la Ville so it transmise au directeur general. 5.2 Lettre rec;ue du pasteur K. Russel Knowles exprimant ses inquietudes relatives au Racino Que la lettre re<;ue de K. Russel Knowles, pasteur de I'eglise Calvary Temple, exprimant ses inquietudes relatives a I'amenagement d'un Racino dans Ie centre-vi lie, so it transmise au directeur general. 5.3 Demande de financement rec;ue de I'ecole Seawood relativement a de I'equipement pour Ie terrain de jeux Que la lettre de demande re<;ue de I'ecole Seawood visant une subvention proven ant du fonds relatif aux terrains d'utilite publique, aux fins d'acquisition d'equipement pour Ie terrain de jeux, soit transmise au directeur general. 5.4 Mise a jour rec;ue de la Societe John Howard relativement au foyer de groupe situe sur la rue Lawrence Que la lettre de mise a jour re<;ue de la Societe John Howard et adressee au conseil, relative au foyer de groupe pour jeunes contrevenants, so it accueillie a titre informatif. 5.6 Vente d'une portion d'un bien-fonds municipal (anciennement la rue Derby) a Bayview Heights Holdings Ltd. Que Ie conseil communal modifie la resolution adoptee Ie lundi, 31 juillet 2006, incorporee a la clause nO 1 du contrat MC 2006-217, afin de supprimer Ie nom (( Scottish Enterprises Ltd. >> et de Ie remplacer par (( Bayview Heights Holding Ltd. >>, et que toute autre clause de ladite resolution datee du lundi, 31 juillet 2006, incorporee au contrat MC 2006-217, demeure inchangee. 5.7 Construction d'une conduite d'eau sur Ie chemin Pipeline Ouest: consentement visant les emprises exigees Que Ie conseil communal consente a la cession d'emprises relativement aux services municipaux visant les biens-fonds suivants : a) une partie du terrain portant Ie N I D 415687 d'une superficie approximative de 53 metres carres appartenant au Chemin de fer du Sud, Nouveau-Brunswick Limitee; b) une partie du terrain portant Ie NID 408294 d'une superficie approximative de 3768 metres carres appartenant a Galbraith Equipment Co. Ltd.; c) une partie du terrain portant Ie NID 408831 d'une superficie approximative de 1 100 metres carres appartenant a Dexter Construction Company Limited. Que la lettre re<;ue de Yvonne LeBlanc proposant des places de stationnement situees pres de la coupole de l'h6pital general, soit transmise a la Commission sur Ie stationnement. Proposition du conseiller White Appuyee par Ie conseiller Ferguson RESOLU que I'ordre du jour des questions soumises a I'approbation du conseil so it adopte, moyennant I'examen distinct du point nO 5.5 sous Ie point nO 14.1. A I'issue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7. Proclamation 8. Delegations/Presentations 8.1 Vision 2015 - Community Consultation Survey Results Referring to submitted electronic slides, Kim Graham, Project Manager of Vision 2015, presented background information and the results of a Community Consultation Survey initiated by an April 1 0, 2006 resolution of Council. 8. Delegations et presentations 8.1 Vision 2015 - Resultats du sondage relatif aux consultations au sein de la collectivite Se reportant a une presentation electronique soumise anterieurement, Kim Graham, gestionnaire de projet de la Vision 2015, presente des renseignements generaux et les resultats d'un sondage effectue au sein de la collectivite, lance en vertu d'une resolution du conseil datee du 10 avril 2006. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By-law Amendment - 57 Broadview Ave The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land having an area of approximately 405 square metres, located at 57 Broadview Avenue, also identified as being PID Number 00000257, from "IL-1" Neighbourhood Institutional to "RM-IF" Multiple Residentiallnfill classification to permit the construction of a four family dwelling as requested by Comeau MacKenzie Architecture, with no written objections received. 9.1(b) Planning Advisory Committee Report Recommending Rezoning and Subdivision - 57 Broadview Ave Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its August 22, 2006 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re-zone the above mentioned parcel of land. proposal. On motion of Councillor Court Seconded by Councillor White RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-law of The City of Saint John", re-zoning a parcel of land having an area of approximately 405 square metres, located at 57 Broadview Avenue, also identified as being PID Number 00000257, from "IL-1" Neighbourhood Institutional to "RM-IF" Multiple Residentiallnfill classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By-law of The City of Saint John". On motion of Councillor Court Seconded by Councillor White RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-law of The City of Saint John", re-zoning a parcel of land having an area of approximately 405 square metres, located at 57 Broadview A venue, also identified as being PID Number 00000257, from "IL-1" Neighbourhood Institutional to "RM-IF" Multiple Residentiallnfill classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By-law of The City of Saint John". On motion of Councillor White Seconded by Councillor McGuire RESOLVED that the documentation regarding proposed re-zoning amendments at 57 Broadview Avenue be received for information. Question being taken, the motion was carried. (Councillor Court withdrew from the meeting as he was not present for first and second readings of the following by-law amendments.) 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'arrete sur Ie zonage relatif au 57, avenue Broadview Le greffier communal indique que les avis requis ont ete publies relativement a la modification proposee de I'arrete sur Ie zonage visant Ie rezonage d'une parcelle de terrain d'une superficie approximative de 405 metres carres, situee au 57, avenue Broadview, et portant Ie NID 00000257, afin de faire passer la classification de zone de quartier a vocation collective (( IL-1 )) a zone d'edification de logements multiples sur terrain intercalaire (( RM-IF )), pour permettre la construction d'une habitation residentielle a quatre logements, a la demande de la firme d'architectes, Comeau MacKenzie Architecture, et qu'aucune objection ecrite n'a ete re<;ue a cet egard. 9.1 b) Rapport presente par Ie Comite consultatif d'urbanisme formulant ses recommandations relativement au rezonage et au lotissement du bien- fonds situe au 57, avenue Broadview Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel de planification, etudie lors de la reunion du 22 aoClt 2006, a laquelle Ie comite a resolu de consentir a la proposition, telle que redigee dans la recommandation du personnel, et recommandation que Ie conseil communal procede au rezonage de la parcelle de terrain susmentionnee. I I'> m::lirl'> in\litl'> II'> nllhlir ~ I'>vnriml'>r c::nn nnnnc::itinn nll::lnt ::III rl'>7nn::lnl'> m::lic:: nl'>rc::nnnl'> Proposition du conseiller Court Appuyee par Ie conseiller White RESOLU que I'arrete intitule (( Arrete modifiant I'arrete sur Ie zonage de The City of Saint John >>, modifiant Ie zonage d'une parcelle de terrain d'une superficie approximative de 405 metres carres, situee au 57, avenue Broadview et portant Ie NID 00000257, en vue de faire passer la classification de zone de quartier a vocation collective (( IL-1 >> a zone d'edification de logements multiples sur terrain intercalaire (( RM-IL >>, fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule (( Arrete modifiant I'arrete sur Ie zonage de The City of Saint John >>. Proposition du conseiller Court Appuyee par Ie conseiller White RESOLU que I'arrete intitule (( Arrete modifiant I'arrete sur Ie zonage de The City of Saint John >>, modifiant Ie zonage d'une parcelle de terrain d'une superficie approximative de 405 metres carres, situee au 57, avenue Broadview et portant Ie NID 00000257, en vue de faire passer la classification de zone de quartier a vocation collective (( IL-1 >> a zone d'edification de logements multiples sur terrain intercalaire (( RM-IL >>, fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule (( Arrete modifiant I'arrete sur Ie zonage de The City of Saint John >>. Proposition du conseiller White Appuyee par Ie conseiller McGuire RESOLU que la documentation relative au projet de modification de rezonage visant Ie 57, avenue Broadview, so it accueillie a titre informatif. A I'issue du vote, la proposition est adoptee. (Le conseiller Court quitte la reunion puisqu'il n'a pas assiste aux premiere et deuxieme lectures du projet de modification suivant :) 10. Consideration of By-laws 10.1(a)(b) Third Reading - Municipal Plan and Zoning By-law Amendment - 76 Coburg Street On motion of Councillor Farren Seconded by Councillor White RESOLVED that the by-law entitled, "By-law Number C.P. 105-08, A Law to Amend the Municipal Plan By-law" amending Schedules 2-A and 2-C, the Future Land Use Plan, by re-designating a parcel of land with an area of approximately 860 square metres located at 76 Coburg Street, also identified as being PID Number 00015545, from Medium Density Residential to Approved Commercial Development classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 105-08, A Law to Amend The Municipal Plan By-law" was read in its entirety. On motion of Councillor Farren Seconded by Councillor White RESOLVED that the by-law entitled, "By-law 1\11 Imhl'>r r: P 1 nt:\_nA A I ::11M tn A ml'>nrl thl'> 1\/11 Inirin::ll PI::In R\I_I::IIM" ::Iml'>nrlinn ~rhl'>rll i11'>C:: Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by-law entitled, "By-law Number C.P. 105-08, A Law to Amend The Municipal Plan By-law". On motion of Councillor White Seconded by Councillor Farren RESOLVED that the by-law entitled, "By-law Number C.P. 110-21. A Law to Amend the Zoning By-law of The City of Saint John", re- zoning a parcel of land with an area of approximately 860 square metres located at 76 Coburg Street, also identified as being PID Number 00015545, from "RM-IF" Multiple Residentiallnfill to "B-2" General Business classification be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C.P. 110-21. A Law to Amend the Zoning By-law of The City of Saint John" was read in its entirety. 10.1(c) Section 39 Conditions 76 Coburg Street On motion of Councillor White Seconded by Councillor Farren RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 860 square metres, located at 76 Coburg Street, also identified as being PI D number 00015545 with a business office be subject to the following conditions: a) The non-residential use of the property is restricted to professional offices within the existing building; b) No mobile sign shall be placed on the site, and the location, size and design of all other signage shall be in accordance with detailed drawings to be prepared by the developer and subject to the approval of the Development Officer; c) A minimum of six off-site parking spaces be maintained. and further that upon the rezoning of the site, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. On motion of Councillor White Seconded by Councillor Farren RESOLVED that the by-law entitled, "By-law Number C.P. 110-21. A Law to Amend the Zoning By-law of The City of Saint John", re- zoning a parcel of land with an area of approximately 860 square metres located at 76 Coburg Street, also identified as being PID Number 00015545, from "RM-IF" Multiple Residentiallnfill to "B-2" General Business classification be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by-law entitled, "By-law Number C.P. 110-21. A Law to Amend the Zoning By-law of The City of Saint John". (Councillor Court re-entered the meeting.) 10. Etude des arretes municipaux 10.1a) Troisieme lecture du projet de modification du plan municipal et de l'Arrete sur Ie zonage visant Ie 76, rue Coburg Prnnnc::itinn rlll rnnC::I'>illl'>r l=::Irrl'>n au 76, rue Coburg, d'une superficie approximative de 860 metres carres et portant Ie NID 00015545, pour faire passer la classification de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule (( Arrete nO C.P. 105-08 modifiant I'arrete relatif au plan municipal >> est lu integralement. Proposition du conseiller Farren Appuyee par Ie conseiller White RESOLU que I'arrete intitule (( Arrete nO C.P. 105- 08 modifiant I'arrete relatif au plan municipal >>, visant a modifier, aux annexes 2-A et 2-C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 76, rue Coburg, d'une superficie approximative de 860 metres carres et portant Ie NID 00015545, pour faire passer la classification de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, fasse I'objet d'une troisieme lecture, que Ie ledit arrete soit edicte et que Ie sceau communal y so it appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule (( Arrete nO CP-105-08, modifiant I'arrete relatif au plan municipal >). Proposition du conseiller White Appuyee par Ie conseiller Farren RESOLU que I'arrete intitule (( Arrete nO C.P. 110- 21 modifiant I'arrete sur Ie zonage de The City of Saint John >> modifiant Ie zonage d'une parcelle de terrain d'une superficie approximative de 860 metres carres, situee au 76, rue Coburg et portant Ie NID 00015545, en vue de faire passer la classification de zone d'edification de logements multiples sur terrain intercalaire (( RM-IF >> a zone commerciale generale (( B-2 >>, fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule (( Arrete nOC.P. 110-21 modifiant I'arrete sur Ie zonage de The City of Saint John >> est lu integralement. Conditions imposees par I'article 39 relativement au 76, rue Coburg Proposition du conseiller White Appuyee par Ie conseiller Farren RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi sur I'urbanisme, I'amenagement propose d'une parcelle de terrain situee au 76, rue Coburg, d'une superficie approximative de 860 metres carres et portant Ie NID 00015545, aux fins d'un bureau commercial, so it assujetti aux conditions suivantes : a) I'usage non-residentiel de la propriete se limite a I'amenagement de bureaux professionnels a I'interieur de I'immeuble existant; b) aucun panneau mobile ne doit etre place sur les lieux; tout affichage do it respecter les dessins detailles dresses par Ie promoteur en matiere d'emplacement, de taille et de conception, sujet a I'approbation de I'agent d'urbanisme; c) au moins six places de stationnement hors-lieux doivent etre prevus; de plus, a la suite du rezonage du secteur, les terrains ainsi que tout batiment ou construction qui s'y trouve, doivent etre amenages et utilises conformement a la proposition et aux conditions qui y sont stipulees. Proposition du conseiller White Appuyee par Ie conseiller Farren RESOLU que I'arrete intitule (( Arrete nO C.P. 110- ?1 mnrlifi::lnt 1'::Irr,:.t"" C::llr II'> 7nn::lnl'> rll'> Thl'> r.ihl nf ~::Iint Inhn \\ mnrlifi::lnt II'> 7nn::lnl'> rl'llnl'> edicte et que Ie sceau communal y so it appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule (( Arrete nO C.P. 110-21 modifiant l'Arrete sur Ie zonage de The City of Saint John >>. (Le conseiller Court se joint de nouveau a la reunion.) 10.2 Third Reading City Market By-law Amendment - Lease of Stalls 8 and 9 On motion of Councillor Seconded by Councillor White RESOLVED that the by-law entitled, "By-law number C-1, A By-law Relating to the Market in the City of Saint John", amending Section 5(2) regarding Stalls 8 & 9 be read. Question being taken, the motion was carried. The by-law entitled, "By-law number C-1, A By-law Relating to the Market in the City of Saint John" was read in its entirety. On motion of Councillor White Seconded by Councillor Farren RESOLVED that the by-law entitled, "By-law number C-1, A By-law Relating to the Market in the City of Saint John", amending Section 5(2) regarding Stalls 8 & 9 be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by-law entitled, "By-law number C-1, A By-law Relating to the Market in the City of Saint John". 10.2 Troisieme lecture du projet de modification de l'Arrete concernant Ie marche de The City of Saint John relativement a la location des etals nOs 8 et 9 Proposition du conseiller Appuyee par Ie conseiller White RESOLU que I'arrete intitule (( Arrete nO C-1 concernant Ie marche de The City of Saint John >>, modifiant Ie paragraphe 5(2) relatif aux etals nOs 8 et 9, fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule (( Arrete nO C-1 concernant Ie marche de The City of Saint John >) est lu integralement. Proposition du conseiller White Appuyee par Ie conseiller Farren RESOLU que I'arrete intitule (( Arrete nO C-1 concernant Ie marche de The City of Saint John >>, modifiant Ie paragraphe 5(2) relatif aux etals nOs 8 et 9, fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que Ie sceau communal y so it appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule (( Arrete nO C-1 concernant Ie marche de The City of Saint John >>. On motion of Councillor Titus Seconded by Councillor Tait RESOLVED that as recommended by the City Manager, Common Council approve the following: 1. formal discussions begin with New Brunswick Southern Railway regarding the upgrade of the NBSR culvert; 2. an additional culvert at the Bay Street stream crossing be included in the 2007 Capital Storm Drainage Program; 3. Fairville Construction Ltd. install a new storm system along Pipeline Road West immediately, as part of Contract No. 2006-5, at the estimated cost of $49,280. + HST, with this cost being shared 75%/25% by the General and Utility funds; and 4. where deemed necessary or advisable by the Chief City Engineer, requests for approval of a storm water system designed for a residential subdivision development shall only be considered once a study of the entire drainage basin in which the proposed development is located has been completed to the satisfaction of the Chief City Engineer. Question being taken, the motion was carried. 12.3 Projet de gestion du reseau d'egouts pluviaux situe dans Ie quartier West Side Estates Proposition du conseiller Titus Appuyee par Ie conseiller Tait RESOLU que, comme Ie recommande Ie directeur general, Ie conseil communal approuve les changements suivants : 1. des discussions officielles entamees avec Ie Chemin de fer du Sud, Nouveau- Brunswick Limitee relativement a la refection de son caniveau; 2. I'inclusion au programme de fonds d'immobilisations destines aux reseaux pluviaux pour 2007, d'un caniveau supplementaire construit au croisement du ruisseau et de la rue Bay; 3. I'installation immediate d'un nouveau systeme d'egouts pluviaux par Fairville Construction Ltd., longeant Ie chemin Pipeline Ouest, en vertu du contrat nO 2006-5, au prix estime de 49 280 $, TVH en sus, les coClts proven ant des fonds generaux et des fonds relatifs au reseau d'aqueduc et d'egouts, assumes a 75 % et a 25 %; 4. lorsque I'ingenieur en chef juge qu'il est necessaire ou souhaitable, les demandes d'approbation relatives au reseau d'egouts pluviaux con<;u aux fins d'amenagement d'un lotissement residentiel, ne peuvent etre considerees avant que soit terminee, a la satisfaction de I'ingenieur en chef, une etude du bassin-versant situe sur les lieux de I'amenagement propose. A I'issue du vote, la proposition est adoptee. 12.4 Storm Water Management Strategy On motion of Councillor Titus Seconded by Councillor Tait RESOLVED that as recommended by the City Manager, the submitted report on Storm Water Management Strategy be received for information. Question being taken, the motion was carried. Strategie relative a la gestion du reseau d'egouts pluviaux Proposition du conseiller Titus Appuyee par Ie conseiller Tait RESOLU que, comme Ie recommande Ie directeur general, Ie rapport presente visant la strategie relative a la gestion du reseau d'egouts pluviaux, soit accueilli a titre informatif. A I'issue du vote, la proposition est adoptee. On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that Council approve the request of the Saint John Multiplex, Recreation/Sporting Facility Project for a $25,000. contribution for the conceptual design phase of the proposed multiplex project. Several Councillors expressed their support for the project, however stated that Council should not be approving financial contribution in isolation of the budget process. On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the request of the Chair, Saint John Multiplex, Recreation/Sporting Facility Project for a $25,000. contribution for the conceptual design phase of the proposed multiplex project be tabled until the sub committee chairs of the Recreation Interim Committee present to Council on October 10, 2006. Question being taken, the motion was carried, with Councillor Chang voting 'nay'. 15.2 Lettre de demande de financement rec;ue de Bob Manning relativement au projet multiplexe Proposition du conseiller Court Appuyee par Ie conseiller McGuire RESOLU que Ie conseil approuve la demande deposee par Saint John Multiplex: projet relatif au centre de loisirs et de sports, visant une subvention de 25 000 $ aux fins de la conception du projet propose pour Ie multiplexe. Plusieurs conseillers pretent leur appui au projet, cependant, ils indiquent que Ie conseil ne doit pas approuver une subvention financiere sans suivre Ie procede budgetaire. Proposition du conseiller Court Appuyee par Ie conseiller McGuire RESOLU que la demande presentee par Ie president de Saint John Multiplex: projet relatif au centre de loisirs et de sports, visant une subvention de 25 000 $ aux fins de la conception du projet propose pour Ie multiplexe, soit reportee jusqu'au 10 octobre 2006 lorsque les presidents des sous- comites du Comite interimaire sur les loisirs seront presents devant Ie conseil. A I'issue du vote, la proposition est adoptee. Le conseiller Chang vote contre la proposition. 11. Submissions by Council Members 11.1 Appointments to Vision 2015 Steering Committee On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that any Councillor wishing to serve on the Vision 2015 Steering Committee, express an interest to the Mayor by September 1, 2006 and that the Mayor, Deputy Mayor and Mr. Beckett, as a resource person, meet with those Councillors wishing to serve on the committee to discuss the role, expectations and required level of commitment and that the Mayor and Deputy Mayor be authorized to appoint the new Vision 2015 Steering Committee. Question being taken, the motion was carried. 11.1 Nominations au Comite directeur de la Vision 2015 Proposition du conseiller Tait Appuyee par Ie conseiller McGuire RESOLU que tout conseiller qui desire sieger au Comite directeur de la Vision 2015 exprime son interet au maire avant Ie 1er septembre 2006 et, que Ie maire, la mairesse suppleante, et M. Beckett, en tant que personne-ressource, rencontrent ledit conseiller afin de discuter du role, des attentes et du niveau d'engagement requis et que Ie maire et la mairesse suppleante soient autorises a nom mer les personnes devant sieger au Comite directeur de la Vision 2015. A I'issue du vote, la proposition est adoptee. 11.2 Provincial Election On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that the Mayor immediately send an invitation to the Provincial Party leaders of the Province of New Brunswick requesting that they appear before the Mayor and Council at an open meeting of Council to speak to and address the concerns most important to this community as outlined in the submitted report. Question being taken, the motion was carried. 11.2 Election provinciale Proposition du conseiller Tait Appuyee par Ie conseiller McGuire RESOLU que Ie maire transmette immediatement une invitation aux chefs des parties politiques de la province du Nouveau-Brunswick voulant qu'ils se presentent devant Ie maire et Ie conseil au cours d'une seance publique du conseil afin d'adresser la parole a la collectivite relativement aux principales preoccupations des citoyens, telles qu'elles sont soulignees dans Ie rapport presente. A I'issue du vote, la proposition est adoptee. 11.3 Ownership of Saint John Energy The City Solicitor advised Council that issues scheduled for private discussions must be those which fall within the categories of 10.2(4) of the Municipalities Act. The Mayor responded that he believed the issues that Saint John Energy and Council would discuss are such that may cause financial gain or loss to a person or the municipality which is indicated at 10.2(4)(c) of the Act. Councillor Titus expressed his opinion which was contrary to the Mayor's. Councillor Farren questioned the wording of the motion which states that Saint John Energy will be discussing the issue with the condition that the sole purpose of the meeting will be to work cooperatively towards the determination that the City is the owner. He proceeded to quote from a Bangor newspaper article on an electric company in that state. Councillor Tait raised a point of order saying that Councillor Farren's remarks on the Bangor electric company is beyond the scope of the motion to which the Mayor ruled that he accepts the point of order as stated. On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that Council meet with the Commission of Saint John Energy in closed session based on information that may cause financial benefit or loss to a person or the municipality pursuant to 10.2(4)(c) of the Municipalities Act, with the condition and clear understanding that the sole purpose nf thl'> ml'>I'>tinn ic:: tn IMnrk rnnnl'>r::lti\ll'>I\I tnIM::Irrlc:: thl'> fin::ll rll'>tl'>rmin::ltinn th::lt thl'> r.ihl nf Question being taken, the motion was carried, with Councillor Titus voting 'nay'. 11.3 Propriete de Saint John Energy L'avocat municipal affirme devant Ie conseil que les questions soumises aux fins de discussion privee doivent viser les dispositions de I'article 10.2(4) de la Loi sur les municipalites. Le maire repond qu'a son avis, les questions dont discuteraient Saint John Energy et Ie conseil sont de nature a pouvoir occasionner des gains ou des pertes financieres a une personne ou a la municipalite, tel que I'indique I'article 10.2(4)c) de la Loi. Le conseiller Titus exprime une opinion contraire a celie du maire. Le conseiller Farren remet en cause Ie libelle de la proposition qui indique que Saint John Energy entamera des discussions sur la question, pourvu que Ie seul objectif de la reunion vise la collaboration entre les parties dans Ie but de determiner que la Ville est proprietaire. II cite un article publie dans Ie journal de Bangor relatif a une societe d'energie situee dans I'etat du Maine. Le conseiller Tait souleve un rappel au reglement et affirme que les remarques formulees par Ie conseiller Farren relatives a la societe d'energie de Bangor est au-dela de la portee de la proposition, donc Ie maire juge d'accepter Ie rappel au reglement tel qu'il a ete formule. Proposition du conseiller Tait Appuyee par Ie conseiller McGuire RESOLU que Ie conseil rencontre les representants de la Commission d'energie de Saint John (Saint John Energy) en reunion privee, relativement a certains renseignements qui puissent occasionner des gains ou des pertes financieres a une personne ou a la municipalite en vertu de I'article 10.2(4)c) de la Loi sur les municipalites, pourvu qu'il soit precisement convenu que Ie seul objectif de la reunion vise la collaboration entre les parties dans Ie but de determiner que The City of Saint John est Ie proprietaire unique de Saint John Energy, et que precedant la tenue d'une telle reunion, I'avocat municipal procede a I'etude de la question et avise Ie conseil des demarches necessaires a suivre, avec la collaboration des membres, visant a dresser une resolution etablissant que The City of Saint John est proprietaire de Saint John Energy. A I'issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. 11.4 By-Road Number 5 On motion of Councillor Court Seconded by Councillor Farren RESOLVED that staff meet with the citizens for a progress update and a time be scheduled for negotiations to permit a spring start-up for improvements to By-road Number 5. Mr. Groody advised that discussions have taken place and that there are still some issues to work out, but progress is being made. Question being taken, the motion was carried. 11.4 Chemin de canton nO 5 Proposition du conseiller Court Appuyee par Ie conseiller Farren RESOLU que les employes rencontrent les citoyens afin de les mettre a jour sur les progres realises et qu'une date soit fixee pour entamer des negociations visant a permettre la refection au printemps du chemin de canton nO 5. 11.5 Road Work on Ocean Westway - Highway 100 On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the issue of road work on Ocean Westway - Highway 100 be referred to the City Manager for a report in the fall, and that the Provincial Government be contacted concerning the work required to be completed after the report has been presented to Council. Question being taken, the motion was carried. (Councillor Titus withdrew from the meeting during discussions on the above item.) 11.5 Travaux de refection sur la voie Ouest Ocean - Route 100 Proposition du conseiller Court Appuyee par Ie conseiller Farren RESOLU que la question relative aux travaux de refection sur la voie Ouest Ocean, route 100, soit transmise au directeur general aux fins de redaction d'un rapport a I'automne, et que Ie gouvernement provincial soit avise des travaux qui restent a terminer une fois que Ie rapport sera presente au conseil. A I'issue du vote, la proposition est adoptee. (Le conseiller Titus quitte la reunion au cours de la discussion sur la question susmentionnee.) 12. Business Matters - Municipal Officers 12.1 Agreement for Robotic Camera System - Council Chamber On motion of Councillor White Seconded by Councillor Chang RESOLVED that Council approve the submitted agreement between The City of Saint John and Rogers Communications Inc. for the installation of certain robotic camera systems as described in the agreement and schedules, and that the Mayor and Common Clerk be authorized to sign the necessary documents to execute the agreement. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Convention relative a I'installation de cameras robotiques dans la salle du conseil Proposition du conseiller White Appuyee par Ie conseiller Chang RESOLU que Ie conseil approuve la convention presentee entre The City of Saint John et Rogers Communications Inc., relative a I'installation d'un systeme de cameras robotiques, comme I'indiquent les dispositions de la convention et des annexes, et que Ie maire et Ie greffier communal soient autorises a signer la documentation requise afin de mettre en vigueur la convention. A I'issue du vote, la proposition est adoptee. 12.2 Fire Apparatus - Purchase of Loaner On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City 1\/I::1n::lnl'>r ni\ll'>n thl'> ::Inl'> rnnrlitinn ::Inrl rnc::t tn rl'>n::lir I=nninl'> ? th::lt ::I rl'>nl::lrl'>ml'>nt Ilnit in be authorized to cover the cost of this purchase with surplus funds from the 2006 General Fund Capital Budget. Question being taken, the motion was carried. 12.2 Acquisition de I'engin d'incendie loue anterieurement Proposition du conseiller White Appuyee par Ie conseiller McGuire RESOLU que, comme Ie recommande Ie directeur general, vu les coClts necessaires pour reparer I'engin d'incendie nO 2, etant donne Ie nombre d'annees qu'il est en service et son etat de durabilite, ledit engin so it remplace, moyennant I'acquisition de I'engin d'incendie en location a I'heure actuelle au service d'incendie de Saint John, so it Ie modele autopompe de base de I'annee 1993, appartenant a Techno Feu Inc., au montant de 68 000 $, moins la valeur de reprise de I'engin nO 2, soit 10000 $, pour un prix d'achat total de 58 000 $, tel qu'il a ete negocie par les employes du Service de I'approvisionnement et du parc automobile et, de plus, que les employes soient autorises a verser Ie prix de I'acquisition proven ant des fonds excedentaires du budget general d'immobilisations pour 2006. A I'issue du vote, la proposition est adoptee. 12.5 Safe Sidewalk Policy On motion of Councillor White Seconded by Councillor Chang RESOLVED that as recommended by the City Manager, Common Council adopt the submitted Safe Sidewalk Policy. Question being taken, the motion was carried. 12.5 Politique relative a la securite sur les trottoirs Proposition du conseiller White Appuyee par Ie conseiller Chang RESOLU que, comme Ie recommande Ie directeur general, Ie conseil communal adopte la politique presentee relative a la securite sur les trottoirs. A I'issue du vote, la proposition est adoptee. 12.6 Howes Lake Landfill Closure Phase III - Additional Work On motion of Councillor White Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, the additional work as described in the submitted report, be included within Contract 2006-15: Howes Lake Landfill Closure - Phase III at the estimated cost of $100,000. Question being taken, the motion was carried. 12.6 Phase III de la fermeture du site d'enfouissement situe au lac Howes: travaux supplementaires Proposition du conseiller White Appuyee par Ie conseiller Farren RESOLU que, comme Ie recommande Ie directeur general, les travaux supplementaires indiques au rapport presente, soient inclus au contrat nO 2006-15 : phase III de la fermeture du site d'enfouissement du lac Howes aux coClts prevus de 100 000 $. A l'iC::C::III'> rlll \IntI'> 1::1 nrnnnc::itinn I'>c::t ::Irlnnt""I'> On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, the proposal of Crandall Engineering Ltd. for engineering (design and construction management) services for Manawagonish Road & Carpenter Place - Water, Sanitary Sewer & Storm Sewer Installation be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. 12.7 Gestion de la conception et de la construction sur Ie chemin Manawagonish et a la place Carpenter relativement a I'installation du reseau d'aqueduc, d'egouts sanitaires et d'egouts pluviaux Proposition du conseiller White Appuyee par Ie conseiller McGuire RESOLU que, comme Ie recommande Ie directeur general, la proposition de Crandall Engineering Ltd. soit acceptee visant les services d'ingenierie (conception et pilotage) relativement a I'installation du reseau d'aqueduc, des egouts sanitaires et pluviaux au chemin Manawagonish et a la place Carpenter, et que Ie maire et Ie greffier communal soient autorises a signer la documentation exigee a cet egard. A I'issue du vote, la proposition est adoptee. 12.8 License to Operate Mispec Park On motion of Councillor White Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, Common Council authorize the Mayor and Common Clerk to sign the agreement between The City of Saint John and the Mispec Park Recreation Committee Inc. Question being taken, the motion was carried. 12.8 Permis visant I'exploitation du parc Mispec Proposition du conseiller White Appuyee par Ie conseiller Farren RESOLU que, comme Ie recommande Ie directeur general, Ie conseil communal autorise Ie maire et Ie greffier communal a signer la convention entre The City of Saint John et Mispec Park Recreation Committee Inc. A I'issue du vote, la proposition est adoptee. 12.9 Petition Requesting Upgrade of Goldsworthy Road On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Council receive for information the submitted report regarding the upgrade of Goldsworthy Road and a copy be forwarded to Mrs. Dunbar for distribution to the residents. Question being taken, the motion was carried. 12.9 Petition relative a la demande de travaux d'amelioration sur Ie chemin Goldsworthy Proposition du conseiller White A nnll\/""I'> n::lr II'> rnnC::I'>illl'>r I\/Irr::llirl'> A I'issue du vote, la proposition est adoptee. 12.10 Lorneville Leachate Disposal - Letter to Council from Lorneville Resident Janet Chase On motion of Councillor White Seconded by Councillor Farren RESOLVED that as recommended by the City Manager, the report arising from a letter from Janet Chase regarding the Fundy Region Solid Waste Commission's offloading leachate at the Lorneville Wastewater Pumping Station, and informing Council that the City has received no formal complaints regarding odor during the last three years, be received for information. Question being taken, the motion was carried. 12.10 Lettre adressee au conseil par Janice Chase, citoyenne, relativement au rejet de produits de lixiviation a Lorneville Proposition du conseiller White Appuyee par Ie conseiller Farren RESOLU que, comme Ie recommande Ie directeur general, Ie rapport redige a la suite de la reception de la correspondance de Janet Chase, relativement au rejet de produits de lixiviation par la Commission de gestion des matieres usees soli des au poste de pompage des eaux usees, et indiquant au conseil que la Ville n'a re<;u aucune plainte formelle au cours des trois dernieres annees visant des odeurs nauseabondes, soit accueilli a titre informatif. A I'issue du vote, la proposition est adoptee. 12.11 Response to Comments made in July 17, 2006 Presentation to Common Council by Councillor Ferguson On motion of Councillor White Seconded by Councillor McGuire RESOLVED that as requested by resolution of Common Council, the report from the City Solicitor responding to questions raised by Councillor Ferguson regarding material on the City of Saint John's Pension Plan deficit, be received for information. Councillor Ferguson expressed his disagreement with several of the comments in the City Solicitor's report. The City Solicitor clarified that the report to Council from Mr. Rust d'Eye responding to the questions that he submitted for responses and the verbal responses that Mr. D'Eye gave in response to Councillor questions during a conference call, were totally independent from any opinion or advise of the City Solicitor. Question being taken, the motion was carried with Councillor Ferguson voting nay. 12.11 Replique aux commentaires formules par Ie conseiller Ferguson Ie 17 juillet 2006 lors de sa presentation devant Ie conseil communal Proposition du conseiller White Appuyee par Ie conseiller McGuire RESOLU que, comme I'exige une resolution adoptee par Ie conseil communal, Ie rapport presente par I'avocat municipal, en replique aux questions sou levees par Ie conseiller Ferguson relativement a la documentation visant Ie deficit du regime de pension de The City of Saint John, soit accueilli a titre informatif. I I'> rnnC::I'>illl'>r l=I'>rnllc::nn I'>vnriml'> c::nn rl""C::::Irrnrrl \IiC::::Int nil Ic::il'>llrc:: rnmml'>nt::lirl'>C:: fnrml i1""c:: par M. d'Eye aux questions posees par Ie conseiller au cours d'une teleconference, sont entierement distinctes de toute opinion ou conseil formule par I'avocat municipal. A I'issue du vote, la proposition est adoptee. Le conseiller Ferguson vote contre la proposition. 12.12 Contract for Mobile Computing for the Police Force On motion of Councillor Tait Seconded by Councillor White RESOLVED that Common Council authorize the Mayor and Common Clerk to execute the submitted agreement entitled Aliant IP VPN Service - Contract and Service Schedule with Aliant Telecom Inc. upon review of the said agreement by the Legal Department. Question being taken, the motion was carried. 12.12 Convention relative au projet d'information mobile aux fins du corps de police Proposition du conseiller Tait Appuyee par Ie conseiller White RESOLU que Ie conseil communal autorise Ie maire et Ie greffier communal a signer la convention presentee entre elle-meme et Aliant Telecom Inc., intitulee Aliant IP VPN SelVice - Contrat and SelVice Schedule with Aliant Telecom Inc., a la suite de I'etude de ladite convention par Ie Service juridique. A I'issue du vote, la proposition est adoptee. 13. Committee Reports 13. Rapports deposes par les comites 14. Consideration of Issues Separated from Consent Agenda 14.1 Letter from Green Lee Shoes - Placement of Trees on Bentley Street On motion of Councillor Tait Seconded by Councillor White RESOLVED that as requested by the owner of Green Lee Shoes, the trees planted in front of that business, which is on a portion of Harbour Passage on Bentley Street, be removed. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Lettre rec;ue de I'entreprise Green Lee Shoes relative a I'enlevement d'arbres sur la rue Bentley Proposition du conseiller Tait Appuyee par Ie conseiller White RESOLU que, a la demande de I'entreprise Green Lee Shoes, les arbres plantes en face du commerce situe sur une partie du Passage du port sur la rue Bentley, soient deracines. A I'issue du vote, la proposition est adoptee. 15.1 Letter from Gerry Dort - Concerns over Proposed Skateboard Park On motion of Councillor Ferguson Seconded by Councillor Court RESOLVED that the letter from Gerry Dort regarding the cost of the proposed skateboard park, be referred to the City Manager. Question being taken, the motion was carried with Councillor McGuire voting nay. 15. Correspondance generale 15.1 Lettre rec;ue de Gerry Dort exprimant ses inquietudes relativement au planchodrome propose Proposition du conseiller Ferguson Appuyee par Ie conseiller Court RESOLU que la lettre re<;ue de Gerry Dort, relative aux coClts lies au planchodrome propose, so it transmise au directeur general. A I'issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. 16. Adjournment The Mayor announced that a special meeting of Council will be held on September 7,2006 at 6:15 p.m. at the tent on Pugsley Wharf to hear a presentation by the Saint John Waterfront Development Committee and the Port Authority on future development on Water Street. He declared the meeting adjourned at 9:50 p.m. 16. Cloture de la reunion Le maire declare qu'une reunion extraordinaire du conseil sera tenue Ie 7 septembre 2006 a 18 h 15, dans la tente situee sur Ie quai Pugsley pour assister a une presentation don nee par Ie Comite de developpement du secteur riverain et l'Administration portuaire relativement a I'amenagement futur de la rue Water. Le maire declare que la seance est levee a 21 h 50. Mayor/maire Assistant Common Clerk/greffiere communale adjointe M & C -2006-249 September 8, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Lease of Stalls 18, 19 and 20 - Lord's Lobster, City Market BACKGROUND: Lord's Lobster has become synonymous with the City Market over the years. This anchor like tenant has garnered a reputation as one of the finest fish mongers in Atlantic Canada. From their classic retro neon sign to their famous smoked salmon strips, from the live lobster tank to their deep fried fish and chips, this store is nothing less than wonderful. Over the past 12 months the principals of Lord's Lobster and the Deputy Market Clerk have worked towards an agreement to secure this tenancy for another period of time. The proposed Lease was hard negotiated and in the end very reasonable for both parties. Lords Lobster currently leases three stalls at the City market1658 sq. feet. Their proposed lease would commence retroactive to September 1, 2006 and expires 6 year later. The rent escalates from a base of$21.00 per square foot to $26.00 per square foot in year six, for a $23.50 average over the term. The lease also grants the mezzanine space to the lessor, which comprises 226 sq. feet. RECOMMENDATION: 1. That The City of Saint John enters into a Lease of Space for Stalls 18, 19 & 20 at the City Market with Lord's Lobster Ltd. as per the terms and conditions as contained in the Lease attached herewith to M&C 2006-249; and RepOlt to Common Council September 8, 2006 Page 2 2. that Common Council give 1 st and 2nd reading to the attached "City Market By-Law" whereby section 5(2) is amended to add following Section 5(2)(k), Section 5(2)(1) Stalls 18, 19 & 20; and 3. further that the Mayor and Common Clerk be authorized to execute the Lease or any other document required to finalize the transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, c.A. City Manager FormA19 The parties to this lease are: Standard Forms ofC01lveyallces Act, S.N.B. 1980, c. S-12, s.2 LEASE The City of Saint John, having its City Hall at 15 Markel Square, Saint John, New Brunswick,a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, the "Lessor" - and - Lord's Lobsters Ltd., 4 Creslwood Drive, Saint John, New Brunswick, E2K 4J8, a duly incorporated company, the "Lessee" The Rules and Regulations attached hereto as Schedule "D" and the Form attached hereto as Schedule "D-l" form part of this Lease. The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the following conditions: Dbration: Date of Conunencement: Date of Termination: Payment Dates: Place of Payment 6 years September 1, 2006 August 31, 2012 First day of each and every month during the term hereof Cashier's Office . City Hall Saint John, NB This lease contains the covenants and conditions which are attached and set out in Schedule "C". DATED as of SIGNED, SEALED & DELIVERED. ) In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) , 2006. THE CITY OF SAINT JOHN N.M. McFarlane, Mayor J. Patrick Woods, Common Clerk Common Council Resolution: ,2006. LORD'S LOBSTERS LTD. And: cr ~. , ! ~ , ( I \ I.~ I', r. ~, I~ I" "'~ ~J f .~ ~. t ~ . 1); ~ l ~ " i I ~ I ~ x ,,1 & i I ~ I "' :f, a ~ I,' .- , ~ I i\ .~~ ~ :~ I I '...._--- . 12'..,.4'~ co . I ~ '0' SCHEDULE "A" -~;;a:<~'~;-""I:- - ~ 0 ":;"*'...,,,..."i'\ .~~.l..,:-~-=!",.."-....O::-<..,..~J;.~~" I I' . I n . ~j ,iil ? .~ ~ , 23' 6 1 2" . .' /W1NDOW '. /. ". .GLASS' -' ....J . '. ~OJ (f)"'" . . /" LEASE . LINE ~-----------~----1 I LEASE LINE -' -' ~~ (/) o C.I.' J COLUMN :J ';::0 i-N (/) .~] ,; s ..-m ~ ~ ~ t ., )1 11 '-- EXISTING WALL ~ .,. " 6'-5 1/'2" r--",~' -~. -..., ~.,... ~.-........~:!:,' ....y~-~i. . < :1 10 GROUNO FLOOR (LEASE ABLE AREA 1259 SCALE: 1/l"",,1J~O". . ..... (. s. f.; do!1 1 9 & 20) 399 d.; sta!1 18) LEASE PLAN far LORD'S LOBSTER LTD. (COPIF.:S~ 8 1/2""X 14:' ARE NOT TO SCALE) 'hv.e / ,.... .p ..'. ....,~.....,;_....d....-'~ ... . ,N I to ,... 14'-11 l' 2" '.0:'. ......\-LEASE '. - LINE'. . - . "..... --'.' -. .... ~ . .. > .... ,:'--: ..-. ... .' :~:-". ~ .- -.. .., .... . .-. .:... -.'. - . ......,-, -~. ;, ~... ..'. -"~.', '. , .0 -. .; ~:.:.: T, . > ..;.~ I .... . . . .......,. "- C,I. ' , COLUMN" ' ' ( . .-. , - ',' ./_..,. . 'c. "-. ,MEZZANINE FLOOR (lEASEABLE AREA 226 s.f,) :' SCALE:' ';;4"...1'-0" . - LEASE PLAN' for LOROIS LOBSTER L TO. (COPIES: a 1/2" x 1411 ARE NOT TO SCALE) !. .. }rvi! / LEASE FOR STALL SPACE CITY MARKET LORD'S LOBSTER LTD. SCHEDULE "e" ARTICLE I DEFINITIONS 1.01 Definitions In this lease: a) "Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor under or pursuant to the terms of this Lease, save only for Gross Rent; b) "Architect" shall mean the architect from time to time named by the Lessor or at the option of the Lessor, the Lessor's general contractor. Any certificate provided by the Architect and called for by the terms of this Lease shall be final and binding on the parties hereto; c} "Commencement Date" means a date determined in accordance with the provisions of Section 2.03; d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in the City Market which from time to time are not designated or intended by the Lessor to be leased to tenants of the City Market, and those areas, facilities, utilities, improvements, equipment and installations which serve or are for the benefit of the City Market whether or not located in, adjacent to or near the City Market and which are designated from time to time by the Lessor as part of the Conunon Areas. Without limiting the generality of the foregoing, Common Areas includes all parking areas, all entrances and exits thereto and all structural elements thereof, access roads, truck courts,. driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and interior structural elements and bearing walls in the building and improvements comprising the City Market,. package pick-up stations, loading and related areas, pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage service and janitor rooms and galleries, fire preventions, security and communication systems, columns, pipes, electrical, plumbing, drainage, any central system for the provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or services located therein or related thereto as well as the structures housing installations, including but not limited to all open and enclosed malls, courts and arcades, public seating and service areas, corridors, furniture, first aid and/or information stations, auditoria, conference rooms, nurseries, childcare play areas and related kitchen and storage facilities, escalators, elevators, public washtooms, music systems and any atrium seating/food court; e) "C.P.I." means the Consumer Price Index (All Items) for Canada (or any index published in substitution for the Consumer Price Index or any other replacement index reasonably designated by the Lessor, if it is no longer published) published by Statistics Canada (or by any successor thereof or any other governmental agency, including a provincial agency); f) "Atrium Seating/Food Court" means those portions of the Common Areas designated by the Lessor from time to time for use in support of the operations of any group of premises providing quick food service to customers of the City Market and includes, without limiting the generality of the foregoing, public table and seating areas, waste collection facilities and other areas, facilities and equipment intended for such use; g) "Gross Receipts" means the total of all gross salcs and receipts from all bnsiness conducted upon or from the Leased Premises, whether or not by the Lessee, and whether for cash, cheques, credit, charge account, exchange or otherwise, and shall inclnde, but not be limited to, amounts received or receivable from the sale of goods or services and the amount of all orders taken or received at the Leased Premises regardless of where they are filled, whether such sales be made at a sales desk or counter, over the telephone or by any vending device. Interest, instalment, finance charges and deposits will be included, and bank or collection agency charges and uncollectible amount. or bad debts will not be deducted. A credit or instalment sale will be considered as a sale for the full price in the month in which it takes place. Gross Receipts shall not include: ~ Lord's Lobsler Ltd. Lease for Stall Space - City Market Selted .ole "C" - Page 2 - i. sales for which the customer has received a refund, provided that the original sale was included in Gross Receipts; ii. sales of merchandise in exchange for returned merchandise, bnt only to the extent the original sale of the returned merchandise was included in Gross Receipts; III. HST and any other salcs, use, excise or gross receipts tax directly on sales and collected from customers at the point of sale, provided that the amount thereof is added to the selling price and shown and/or collected as a separate item, and paid by the Lessee to such governmental authority; IV. delivery charges; v. transfers of merchandise between stores of the Le.ssee or returned to suppliers of the Lessee, but only if such transfer or return is not for the purpose of reducing Gross Receipts. 11) "liST' means hannonizcd sales taxes, value-added taxes, multi-stage taxes, business transfer taxes or other similar taxes however they are characterized and any taxes in lieu thereof; i) "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or nidioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to be hazardous, toxic, contaminants or pollutants in or pursuant to any applicable federal, provincial or municipal statute, by-law or regulation; j) "Lessor" includes the Lessor and its successors and assigns; k) "Lease" means this indenture oflease and includes any riders and schedules hereto and shall also include any agreements entered into which have the effect of amending this indenture from time to time; I) "Leased Premises" means the premises leased to the Lessee as referred to and described in Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises shall extend from the top surface of the structural sub floor to the bottom surface of the structural ceiling. If the Leased Premises have no ceiling abutting the demising walls, but rather are open to the ceiling of the City Market building, the boundaries of the Leased Premises extend from the top surface of the structural subfloor to the height of the demising walls; m) "Lease Year" shall mean a period of time, the first Lease Year commencing on the Commencement Date and ending on the 31" day of December in the calendar year of the Commencement Date. Thereafter Lease Years shall consist of consccutive periods of twelve calendar months ending in each case on December 31", save for the last Lease Year of the Term which shall terminate upon the expiration or earlier termination of this Lease, as the case may be; n) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section 3.01; 0) "Operating Costs" means the total cost and expense incurred in owning, operating, maintaining, managing and administering the City Market and the Common Areas, specifically including without limiting the generality of the foregoing, any capital or place of ownership taxes levied against the Lessor or any owners of the City Market on account of their interest in the City Market, in an amount equitably allocated "to the City Market by the Lessor; gardening and landscaping charges; the cost and expenses of taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and waste collection and disposal; lighting, electricity, public utilities, loud speakers, public address and musical broadcasting systems and any telephone answering service uscd in or serving the City Market, and the cost of electricity and maintenance for any signs designated by the Lessor as part of the Common Areas; policing, security, supervision and traffic control; salaries and benefits of all supervisory and other personnel employed in connection with the City Market and management office rent imputed to the City Market by the Lessor, acting reasonably; Management Fee, the cost of providing additional parking or other Common Areas for the benefit of the City Market, whether such costs be Taxes or other type of costs; the costs and expenses of environmental site reviews and investigations, removal and/or clean-up of Hazardous Substances from the Common Areas; the cost of the rental of any equipment and signs and the costs of k~ Lord's Lobster Ltd. Lease for Stall Space - City Market Schcdu Ie "C" - Page 3 - supplies used in the maiutenance and operation of the City Market and the Conm10n Areas; accounting and audit fees incurred in the preparation of the .statements required to be prepared and supplied by the Lessor under the terms of this Lease; heating, ventilating and air conditioning of the Common Areas; all repairs and replacements to and maintenance and operation of the City Market and the Common Areas; depreciation or amortization of the costs, including repair and replacement, of all maintenance and cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities serving or comprising the City Market or the Common Areas; which are not charged fully in the Lease Year in which they are incurred, from the earlier of the date when the cost was incurred or the Commencement Date, at rates on the various items determined from time to time by the Lessor ill accordance with sound accounting principles; p) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the Leased Premises and the denominator of which is the Rentable Area of the City Market; q) "Rent" means all Gross Rent and Additional Rent payable pursuant to the tenus of this Lease; r) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors of the Leased Premises measured from: i. the exterior face of all exterior walls, doors and windows; ii. the exterior face of all interior walls, doors and windows separating the Leased Premises from Common Areas; if any; and iiL the centre line of all interior walls separating the Leased Premises from adjoining leasable premises. The Rentable Area of the Leased Premises includes all interior space whether or not occupied by projections, structures or columns, structural or non-structural, and if the store front is recessed from the lease line, the area of such recess for all purposes lies within the Rentable Area of the Leased Premises. s) "Rentable Area ofthe City Market" means the area in square feet of all rentable premises in the City Market set aside for leasing by the Lessor from time to time, except for any occupancy as designated by the Lessor for which there is no Gross Rent payable. Provided however that the Lessor shall credit to Operating Costs any contributions received in respect of such Operating Costs from the occupants of any of the areas. excluded from the Rentable Area of the City Market in accordance with this. definition. Provided further that in detennining the fraction that is the Lessee's Proportionate Share, if the Leased Premises consists of any of the foregoing excluded categories, the Rentable Area of that category will be included in the Rentable Area of the City Market; t) "Rules and Regulations" means the rules and regulations adopted and promulgated by the Lessor from time to time acting reasonably, including those listed on Schedule "D"; u) "City Market" means the lands and premises known by the civic address 47 Charlotte Street, Saint John, New Brunswick, as such lands andpremises may be altered, expanded or reduced from time to time and the buildings, improvements, equipment and facilities erected thereon or situate from time to time therein; v) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time to time levied, assessed or imposed upon the City Market or any part thereof or upon the LeSSOI by reason of its ownership of the City Market, by any taxing authority. Taxes shall also inclnde any penalties, late payment or interest charges imposed by any municipality or other taxing authority as a result of the Lessee's late payments of any taxes or instalments thereof For greater certainty "Taxes" shall exclude any penalties or interest incurred by the Lessor as a result of its failure to pay Taxes in a timely manner, except Taxes shall include any interest in respect of a deferral of payment in accordance with sound accounting practices if permitted by statute or pursuant to an agreement with the taxing authority; and (ii) income, profit or excess profits taxes of the Lessor; w) "Lessee" means the party named as Lessee in this Lease; and x) "Tenn" means the period referred to in Section 2,03. )~)'!' Lord's Lobster Ltd. Lease for Stall Space ~ City Markel Schedule "C" - Page 4 - ARTICLE II GRANT, TERM AND INTENT 2.01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the lessor demises and leases to the Lessee and the Lessee leases from the Lessor, the Leased Premises. The Leased Premises are presently designated as Stalls No. 18, 19 and 20, are shown outlined in red on Schedule "A" attached hereto and contain a Rentable Area of approximately Sixteen Hundred and Fifty Eight Square Feet (1,658 ft') together with the Mezzanine Space as shown outlined in red on Schedule "A". 2.02 Use of Common Areas The use and occupation by the Lessee of the Leased Premises shall entitle the Lessee to the use in common with all others entitled thereto of the Common Areas, subject however, to the terms and conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by the Landlord. . 2.03 Term of Lease TO HAVE AND TO HOLD the Leased Premises for and during the term of Six (6) Years to be compnted from September 1, 2006 and fully to be completed and ended on August 31, 2012 save as hereinafter provided for earlier termination. . PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the Lessee opening for business in the teased Premises or the Leased Premises arc occupied by a third party llS of the date of tillS Lease, the Commencement Date shall be the earlier of: a) forty-five (45) days after the Lessor has delivered vacant possessioo of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such forty-five (45) day period, be completing its work; or b) the opening by the Lessee to the public of its business in the Leased Premises. Notwithstanding any change in the Commencement Date calculated in accordance with the preceding provisions hereof, the Terms shall expire on the date set for such expiry in the first paragraph of this Section 2.03, subject always to earlier termination as provided for in this Lease. PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take possession of the Leased Premises and .shall occupy same for the purpose of fixturing and installing its inventory, at its own risk, for a period of ** (**) days after receipt of such notice or until the Lessee opens for business to the public in the Leased Premises, free of the payment of Gross Rent, and Additional Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the Leased Premises during the period of such fix turing, and shall during the period from the giving of such notice until the Commencement Date be a tenant in the Leased Premises subject to the same covenants and agreements as are contained in this Lease, mutatis mutandis. FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason, including but not limited to the holding over or retention of possession of any other lessee or occupant, or the lack of completion of any repairs, improvements or alterations required to be completed before the Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall. be extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased Prerriises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective obligations hereunder be affected. However, if the u,ssor does not give vacant possession of the Leased Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option, terminate this Lease by written notice to the Lessee and in such evcnt this Lease shall be null and void and of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be retumed without interest or deduction, and neither party shall have any further liability to the other. Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the Lessee shall execute an acknowledgement of same on Lessor's usual form. )Yd~ Lord's Lobster Ltd. Lease for Stall Space - City Market Schedule "c" - Page 5 " The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis, from the end of the rent-free period to the last day of the mouth in which the Conunencement Date occurs and thereafter all payments of Rent shall be made on the first day of each month throughout the Tenn unless othenvise specified herein. 2.04 Option to Renew The Lessee shall have the option to renew this Lease for a further one (1) term of five (5) years at the then prevailing market rate upon the same terms and conditions as are contained herein except this provision for renewal and the amount of rent, by providing written notice of its intention to renew to the Lessor no later than six (6) monihs prior to the expiration of the Initial Tenn. ARTICLE III RENT AND DEPOSIT 3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Twenty Three Dollars and Fifty Cents ($23.50) per square foot of Leased Premises. The Gross Rent shall be paid in equal monthly inslalments, monthly in advance. According to the following schedule: Year 1 - Year 2 - Year 3 - Year 4 - Year 5 - Year 6 - $2,901.50 monthly ($21.00 per square foot) $3,039.67 monthly ($22.00 per square foot) $3,177.83 monthly ($23.00 per square foot) $3,316.00 monthly ($24.00 per square foot) $3,454.17 monthly ($25.00 per square foot) $3,592.33 monthly ($26.00 per square foot) 3.01.1 The Lessee shall pay to the Lessor Additional Rent in the form of Percentage Rent equal to Four Percent (4%) of the amount by which the Lessee's Annual Gross Receipts e:tceed One Million Five Hundred Thousand Dollars ($1,500,000.00). In the event such Percentage Rent is payable for the Lease year, the Lessee shall provide such full payment by April30'h in each of the following calendar years as the case may be. 3.02 Reports by Lessee a) The Lessee shall submit to the Lessor on or before the 10th day following the end of each calendar month during the Term and including the lO'h day of the month following. the end of the Term, 'at the place then fixed for the payment of Rent, a written statement signed by the Lessee showing the amount of Gross Receipts for the preceding month (and fractional month, if any) and the amount of Gross Receipts for all preceding months of such Lease Year; b) On or before the 60'h day following the end of each Lease Year (including the last Lease Year of the Term) the Lessee shall submit to the Lessor a statement in such fonn, style and scope as the Lessor reasonably determines, showing the amount of Gross Receipts during the prcceding Lease Year, which statement shall be duly certified to be correct by the Lessee. The Lessee will not change its procedure relating to any aspect of its reporting of Gross Receipts without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. c) In addition to any other reports required by this Section 3.02, the Lessee shall also supply to the Lessor a statement of the approximate amount of Gross Receipts during any particular week in respect 0 f which such a statement is requested by the Lessor, it being acknowledged that such weekly statement will be requested during weeks when promotions or other special activities are being carried on in the City Market. 3.03 Audit (Matulatory wllell relit calcuhrfioll based on Lessee's sales) At its option, the Lessor may cause, at any reasonable time upon five (5) days' prior written notice to the Lessee, a complete audit to be made of the Lessee's entire business affairs and records relating to the Lcased Premises for the period covered by any statement issued by the Lessee pursuant to Section 3.02. Any information obtained by the Lessor as a result of such audit shall be held in strict confidence by the Lessor. );~:e Lord's Lobster Ltd. Lease for Stall Spaee - City' Market Schedule "C" - Page 6 - 3.04 Rent Past Due If the Lessee fails to pay, when the same is due and payable, any Gross Rent, Additional Rent or other amount payable by the Lessec under this Lease, such unpaid amounts shall bear intcrest from the due date thereOf to the date of payment, compounded monthly at the rate equal to four (4) percentage points in excess of the Prime Rate. 3.05 Deposit I NOT APPLICABLE The Lessor acknowledges receipt of Zero Dollars (00.00) which it will apply towards the payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or part of the amount retained for application towards the last month's Gross Rent as compensation for any loss or damage arising from the breach by the Lessee of any provisions of this Lease. This right will not be construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by the Lessor for damages in respect of breaches by the Lessee of tltis Lease. If the Lessor uses all or part of the deposit for the last month's Gross Rent as provided above, the Lessee will, upon notification by the Lessor, pay to the Lessor the amount required to reimburse it for the amounts so applied. The Lessor will not be required to pay interest to the 1.essee on any of the amounts paid to the Lessor or retained by it under this section. The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in the City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further liability with respect to the deposit. The Lessee will not assign or encumber its interest in the deposit except in connection with a permitted Transfer, in which case the Lessee's interest in the deposit will be deemed to have been assigned to the permitted Transferee as of the date of the Transfer. 3.06 Pre-Authorized Payments/Postdatcd Cheques The Lessee may participate in a pre-authorized payment plan whereby the Lessor will be authorized to debit the Lessee's bank account each month trom time to time during each Lease Year in an amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable, generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. In the event the Lessce opts to participate in the pre-authorized payment plan, the Lessee shall sign a form of application which is the same or similar to Schedule "D-l ", to give full force and effect to the foregoing within five (5) days of presentation. In lieu of the pre-authorized payment plan referred to above, the Lessor shall be entitled to require the Lessee to present at the beginning of each Lease Year a series of monthly postdated cheques for each such Lease Year for the aggregate of the monthly payments of Gross Rent payable on a monthly basis, and, if applicable, any amount payable provisionally pursuant to the provisions ofthis Lease on an estimated basis. ARTICLE IV TAXES 4.01 Taxes Payable by the Lessor The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the Lessee. However, the Lessor may defer payment of any such Ta:<es or defer compliance with any statute, law, by-law, regulation or ordinance in connection with the levying of any such Taxes in each case to the fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Taxes. 4.02 Taxes Payable by Lessee a) The Lessee shall during the Term pay, without any deduction, abatement or set-off whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises; b) In the case of assessments for local improvements or bettennents which are' assessed or im(}osed during the term and which may by law be payable in inslalments, the Lessee shall only be obligated to pay such instalments as same fall due during the Term, together with interest on defcrred payments; c) In any suit or procceding of any kind or nature arising or growing out of the failure of thc Lessee to keep any covenant contained in this Article, tbe certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as a lien or charge against the Leased Premises or that it has been paid as such by the Lessor; d) The Lessee, if allowed by the taxing authority, shall have the right to contesl or review by legal proceedings or in such manner as the Lessee in its opinion shall deem advisable (which proceedings or other steps taken by the Lessee shall be conducted diligently at its ~0f! Lord's Lo bstcr Ltd. Leas. for Stall Spac. - City Market Schedu Ie "e" - Page 7 - own expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed upon or against the Leased Premises or Taxes in lieu thereof required to be paid by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations to pay the Taxes as herein provided pending the contest, but if by law it is necessary that such payment be suspended to preserve or perfect the Lessee's contest, then the cOlitest shall not be nndertaken without there being first deposited with the Lessor a sum of money equal to twice the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be imposcd upon the Lessor or the Leased Premises. Any costs associated with an appeal undertaken by the Lessor, the Lessee shall pay their proportionate share of such costs; e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills for Taxes which bills after inspection by the Lessor shall be rcturned to the Lessee. 4.03 HST Payable by Lessee The Lessee shall pay to the Lessor all HST on Rent and any other HST imposed by the applicable legislation on the Lessoror Lessee with respect to this Lease, in the manner and at the times required by the applicable legislation. Such amounts are not consideration for the rental of space or thc provision by the Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the same remedies for and rights of recovery of such amonnts as it has for recovery of Rent under this Lease. If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor duc to a default or as consideration for a modification ofthis Lease, and the applicable legislation deems a part of the deposit or amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that the Lessor will receive the full amonnt of the forfeited deposit or other amount payable withont encroachment by any deemed HST portion. 4.04 Business Taxes and Other Taxes of Lessee The Lessee shall pay to the lawful taxing authodties, when the same becomes due and payable: a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or assessed against or in respect of all improvements, equipment and facilities of the Lessee on or in the Leased Premises; and b) every tax and license fee which is levied, rated, charged or assessed against or in respect of any business carried on in the Leased Premises or in respect of the use or occupancy thereof whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed by any iederal, provincial, municipal or other body. ARTICLE V UTILITIES 5.01 Utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed. ARTICLE VI MERCHANTS' ASSOCIATION 6.01 Merehants' Association If and when an association or corporation of merchants or lessees (the "Association") is fonned comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or if snch an Association has already been formed, the Lessee shall forthwith become a member thereof and the Lessee shall retain its membership in such Association during the entire Term and shall abide by all rules, regulations, by-laws, decisions, directions, dues and assessments of the Association. Such Association shall in no way affect the rights of the Lessor and any by-laws, rules and regulations of such Association shall at all times be subject to the prior approval oi the Lessor. he Lord's Lobster Ltd. Le.se for Stall Spae. - City Market Schedldc uC'. - Page 8 - 6.02 Promotion Fund The Lessee shall pay to the Lessor an amount equal to 6% of arumal Gross Rent to be paid in twelve (12) monthly instalments each instalment payable on the I" day of each month during the Term. ARTICLE VII CONDUCT OF BUSINESS BY TENANT 7.01 Use oCLeased Premises a) The Leased Premises shall be used continuously, actively and diligently for the sole purpose of a fishmonger; products to include fresh sea food and other items typically associated with a fishmonger. Lord's Take Out will sell fish and chips and other sea food dishes for consumption on the premises. The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof for any other business or pmpose. ill .connection with the business to be conducted by the Lessee on the Leased Premises, the Lessee shall only use the advertised name "Lord'S and/or Lord's Lobster" and will not change the advertised name of the business to be operated in the Leased Premises without the prior written consent of the Lessor. The Lessee shall not introduce new product lines, or offer new services to its customers without first obtaining the written consent of the Lessor. The Lessee acknowledges that it would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of such product line or service would compete with the business of other tenants in the City Market or infringe on exclusive covenants granted by the Lessor. Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services p'ermitted to be sold or provided from the Leased Premises pursuant to this Section 7.0]; nor (ii) prevent the Lessor from leasing any other premises in the City Market to any othertenantCs) carrying on a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises pursuant to this Section 7.01. b) The Lessee acknowledges that its continned occupancy of the Leased Premises and the regular conduct of business therein are of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases iherein, the efficient and economic supply of services and utilities, and in the character and quality of other tenants in the City Market. The Lessee therefore covenants and agrees that throughout the Term it will occupy the entire Leased Premises, comply strictly with the provisions of Section 7.0] and not vacate or abandon the Leased Premises at any time during the Term. The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business therein, or uses or permits or suffers the use of the Leased Premises for any purpose not specifically herein authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor unless guaranteed to the satisfactiou of the Lessor. The Lessor will have the right, without prejudice to any other nghts which it may have under this Lease or at law, to obtain au irtinnction requiri ng the Lessee to comply with the provisions of this Section 7.01(b). 7.02 Conduct and Operation of Business The Lessee shall occupy the Leased Premises from and after the Conunencemcnt Date and thereafter shall conduct continuously and actively the business set out in Section 7.0], in the whole of the Leased Prenlises. In the conduct of the Lessee's husiness pursuant to this Lease the Lessee shall: a) operate its business with due diligence and efficiency and maintain an adequate staff to properly serve all customers; own, install and keep in good order and condition free from liens or rights of third parties, fixtures and equipment of first class quality; and carry at, all timcs such stock of goods and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premises consistent with good business practices; 7kIC Lord's Lobster Ltd. Lease for Stall Space - City Market Schedule "C" - Pagc 9 - b) conduct its business in the Leased Premises during such hours and 011 such days as the Lessor from time to time requires or pcrmits and at no other time. However the Lessee is not required or pemlitted to eany on its business during allY period prohibited by any law regulating the hours of business. If the Lessee fails to open 011 the Commencement Date or during the days and/or hours required by the Lessor, then in addition to all other amounts of Rent payable under this Lease the Lessee shall pay as Additional Rent to the Lessor upon demand as liquidated damages and not as a penalty, an amount equal to two hundred fifty dollars ($250.00) per day for each and every day that the Lessee is in default. When not open for business the security of the Leased Premises is the sole . responsibility of the Lessee; c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and keep thc. display windows and signs (if any) in the Leased Premises well-lit during the hours the Lessor designates from time to time, acting reasonably; d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale from the Leased Premises, and not use any portion of the Leased Premises for office, clerical or other non-selling purposes except minor parts reasonably required for the Lessee's business in theLeased Premises; e) abide by all rules and regulations and general policies formulated by the Lessor, acting reasonably, from time to time relating to the delivery of goods to the Leased Premises; t) not allow or cause to be committed any waste upon or damage to the Leased Premises or any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the City Market or which unreasonably disturbs or interferes with or annoys any third party, or which may damage the City Market; g) not allow or eanse to be done any act in or about the Common Areas or the City Market which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's flow of traffic in any way, obstructs the free movement or parties doing business in the City Market; h) not allow or cause business to be solicited in any part of the City Market other than the Leased Premises, nor display any merchandise outside the Leased Premises at any time without the prior written consent of the Lessor; i) use the name designated for the City Market by the Lessor from time to time and all insignia or other identifying names and marks designated by the Lessor in connection with the advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (i); j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on the roof of any building fanning part of the City Market or on any exterior walls of the Leased Premises or in any of the Common Areas. Any such installation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical devices in a manner so that they can be heard or seen outside of the Leased Premises without the prior written consent of the Lessor. If the Lessee uses any such equipment without receiving the prior written consent of the Lessor, the Lessor shall be entitled to remove such equipment without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; I) not install or allow in the Leased Premises any equipment which wiII exceed or overload the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which the Lessor has not approved. If the Lessee requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if they are available elect to install them at the Lessee's expense and in accordance with plans and specifications to be approved in advance in writing by the Lessor; m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the Leased Premises or overload the floors of the Leased Premises. Any such ~e Lnrd's Lnbster Ltd,. Lease for Stoll Space - City Market Sched u I. "C" - Page 10 - machinery, equipment, article or thing shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damages as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; n) observe and comply with all federal, provincial or municipal laws pertamlllg to or affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Leased Premises, and the regulations of any insurance underwriters in respect of the insurance maintained by the Lessor in respect of the City Market, and carry out all modifications to the Leased Premises and the Lessee's conduct of business or in use of the Leased Premises which may be required by any such authorities. 7.03 Prohibited Activities a) The Lessee acknowledges that it is only one of many tenants in the City Market and that therefore the Lessee shall conduct its business in the Leased Premises in a manner consistent with the best interests of the City Market as a whole; b) The Lessor shall have the right to cause the Lessee to discontinue and thc Lessee shall thereupon forthwith discontinue the sale of any item, merchandise, commodity or the supply of any service or the carrying on of any business, any of which is either prohibited by this Section 7.03 or which .the Lessor, acting reasonably, determines is not directly related to the business set out in Section 7.01. The Lessee will not allow or cause the use of any part ofthe Leased Premises for any of the following businesses or activities: i. the sale of secondhand goods or surplus articles, insurance salvage stock, fire sale stock or bankruptcy stock; ii. the sale of goods, except as may be specifically permitted by the provisions of Section 7.0 I; Ill. an auction, bulk sale (other than a bulk sale made to an assignee or snblessee pursuant to a permitted assignment or subletting hereunder), IiquidatiQn sale, "going out of business" or bankruptcy sale, or warehouse sale; iv. any advertising or selling procedures which would, or any sale or business conduct or practice which would, because of the merchandising methods or quality of operation likely to be used, in. either case in the Lessor's opinion, tend to lower the character ofthe City Market or harm or tend to harm the business or reputation ofthe Lessor or reflect unfavourably on the City Market, the Lessor or other tenants in the City Market or tend to confuse, deceive, mislead or be frauduleut to the public; or v. a mail order business or a department store, junior department store or variety store. 7.04 Hazardous Substances The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture, refine, treat, transport, store, handle, dispose of, transfer, produce or process any Hazardous Substance, except in strict compliance with all applicable federal, provincial and municipal statutes, by-laws and regulations, including, without limitation, environmental, land use and occupational and health and safety laws, regulations, requirements, permits, statutes, by-laws and regulations. Further the Lessee hereby covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or contributed to by any Hazardous Substances which are at any time located, stored or incorporated in any part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives shall have the right at the Lessee's expense, payable as Additional Rent with in fifteen (15) days ofreceipt of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant to this Section 7.04 shall survive the expiration or earlier termination of the Term. JnK l,ord's Lo bstcr Ltd. LeBse for Stall Spac.~ City Market Schedo Ie "e" - Page 11 - ARTICLE VIII FIXTURES, ALTERATIONS AND REPAffiS AND LESSOR'S CONTROL OF CITY MARKET 8.01 Installations by the Lessee All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in form, content and such detail as the Lessor may reasonably require for such work at the time approval is sought. The Lessee covenants that any work that may be done in respect ofthe Leased Premises by or on behalf of the Lessee shall be done in such a manner as not to conflictor interfere with any work being done or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite pennits, licenses and inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural nature or that would lessen the value or Rentable Area of the Leased Premises or the City Market, or would interfere with the usage of the Common Areas. All alterations, decorations, additions and improvements made by the Lessee or made by the Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or improvements. Such alterations, decorations, additions and improvements shall not be removed from the Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shaU remove all such alterations, decorations, additions and improvements and restore the Leased Premises as required by the Lessor. 8.02 Maintenance and Repair by the Lessee The Lessee will at all times keep the Leased Premises (including exterior entrances and all glass and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, hcaling and plumbing fixtures, and the electrical and mechanical systems) in good order, condition and repair (including periodic painting or redecorating and preventative maintenance as determined by the Lessor and including such repairs or replacements as are required to keep the Leased Premises in good repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality and class equal to the original work or installations. 8.03 Signs, Awnings, Canopies The Lessee will not place or suffer to be placed or maintained on any exterior door, wall or window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Leased Premises without first obtaining the Lessor's written approval and consent. The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as may bc approved in good condition and repair at all times, and in addition to the foregoing, the Lessee shall maintain any signs or displays of its goods or wares which may be seen from the exterior of the Leased Premises in a manner which is in keeping with the character of che City Market of which the Leased Premises form a part and which is designed to enhance the business of the Lessee. 8.04 Surrender of Leased Premises Subject to Article ]0.01, the Lessee wi1lleave the Leased Premises in good repair, reasonable wear and tear only excepted. Without limiting the generality of the foregoing, at the expiration or earlier termination ofthe Term the Lessee shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only excepted, and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for the payment of Rent and shall inform the Lessor of aJl combinations on locks, safes and vaults, if any, in the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, such fixtures and personal property sha 11 be deemed to be abandoned by the Lessee and may be appropriated, sold or otherwise disposed of by the Lessor without notice or obligation .to compensate the Lessee or to account therefor. The Lessee's obligations to observe or perfoml this covenant shall survive the expiration or earlier termination of the Tel1n of this Lease. hi . Lord's Lobster Ltd. Lease for SIan Space - City Market Schedule "c" - Page 12 - 8.05 Lessee to Discharge all Liens The Lessee will ensure that no construction or other lien or charge, or notice ihereof, is registered or filed against: a) the City Market or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leas.ehold improvements in the Leased Premises. by any person claiming by, through, under or againsl the Lessee or its contractors or subcontractors. If such a lien or charge or notice thereof is registered or filed and the Lessee fai Is to discharge it within five (5) days after written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to be due into court and the Lessee will pay to the Lessor as Additional Rent on demand all costs (including legal fees) incurred by the Lessor in connection therewith, together with an administrative overhead charge of fifteen percent (15%) thereon. 8.06 Rules and Regulations The Lessee will comply with the Rules and Regulations. The Lessor reserves the right from time to time to amend or supplement the Rules and Regulations. Notice of such amendments and supplements, if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and observe an such amendments and. supplements, provided that no Rule or Regulation shall contradict any provision of this Lease. The Lessor shall not be responsible to the Lessee for non-observance or violation of any of the provisions of such Rules and Regulations by any other tenant of the City Market or of the terms of any other lease of premises in the City Market and the Lessor shall be under no obligation to enforce any such provisions. All Rules and Regulations shall be enforced against the Lessee in a non-discriminatory manner. 8.07 Maintenance and Repair by the Lessor The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause 10 be maintained and repaired, the structure of the City Market, including without limitation, the foundations, exterior weather walls, subtloor, roof, bearing walls and structural colunms and beams of the City Market. If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such maintenance orrepairs, together with an administrative fee of fifteen percent (15%) of such costs. 8.08 Control of City Market by Lessor The City Market and the Common Areas are at all times subject to the exclusive control and management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by the establishment of rules and regulations and general policies with respect to the operation of the Cily Market or any part thereof at all times throughout the Tenn to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems; provide supervision and policing services for the City Market; close all or any pOltion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient to prevent a dedicalion thereof or the accrual of any rights to any third party or the public; grant, modifY and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the City Market; obstruct or close off all or any part of the City Market for the purpose of maintenance, repair or construction, employ all personnel, including supervisory personnel and managers necessary for the operation, maintenance and control of the City Market; use any part of the Conunon Areas from time to time for merchandising, display, decorations, entertairunent and structures designed for retail selling or special features or promotional activities; designate the areas and entrances and the times in, through and at which loading and unloading of goods shall be carried oul; control, supervise and generally regulate the delivcry or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in the manner and the times and places at which same is to be placed for collcction (i f the Lessor for the more efficient and proper operation of the City Markel provides or designates a commercial service for the pickup and disposal of refuse and garbage instead of or in addition to the service provided by the municipality, the Lessee shall use samc at the Lessor's cost); from time to time change the area, level, location, arrangement or use of the City Market or any part thereof; construct other buildings or improvcments in Ihe City Market. and make changes to any part thercof; construct other buildings or improvements in the City Market and make changes 10 any part of the City Market; and do and perform such other acts in and to the City Market as in the use of good business judgment the Lessor determines to be advisable for the more efficient and proper operation of the City Mark!;;!. hi Lord's Lobster Ltd. Lease for Stall Space - City Market Schedule "C" . - Page 13 - Notwithstanding anything to the contrary, if as a result of the exercisc by the Lessor of any of its rights as set out in this Section 8.08, the Common Areas are diminishcd or altered in any manner whatsoever, the Lcssor is not subject to any liability nor is the Lessee entitlcd 10 any compensation or diminution or abatement of Rent nor is auy altcration or diminution of the Conuuon Areas deemed constructive or actnal eviction, or a breach of any covenant for quiet enjoyment contained in this Lease. 8.09 Lessor's Right to Enter Leased Premises a) It is not a re-entry or a breach of quiet enjoyment if the Lessor or its authorized representatives enter the Leased Premises at reasonable times to: I. examine them; ii. make permitted or required repairs, alterations, improvements or additions to the Leased Premises (including the pipes, conduits, wiring, ducts, columns and other installations in the Leased Premises) or the City Market or adjacent property; or iii. excavate land adjacent or subjacent to the Leased Premises; in each case (to the extent reasonably possible in the circumstances) without unreasonably interfering with the Lessee's business operations in the Leased Premises, and the Lessor may take material into and on .the Leased Premises for those purposes. Rent will not abate or be reduced while the repairs, alterations, improvements or additions are being made. The Lessor will take reasonable steps to minimize any intenuption of business resulting from any entry. b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective purchasers and during the six (6) months prior to the expiration of the term of this Lease, the Lessor may exhibit the Leased Premises to prospective tenants and place upon the Leased Premises the usual notice "To Let" which notice the Lessee shall permit to remain where placed without molestation; c) If the Lessee shall not be personally present to open and permit an entry into the Leased Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Lessor or the Lessor's agents may enter the same by a master key, or may forcibly enter the same, without rendering the Lessor or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease; d) Nothing in this Section contained, however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the City Market or any part thereof, except as otherwise in this Lease specifically provided. ARTICLE IX INSURANCE AND INDEMNITY 9.01 Lessee's Insurance a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full force and effect the following insurance: 1. AU-risk insurance upon property owned by the Lessee or for which the Lessee is legally liable (including, signs and plate glass) and which is located within the City Market in an amount of not less than the full replacement cost thereof; ii. Comprehensive General Liability with minimum limits of at least Two Million Dollars ($2,OOO,000.00) or such higher limits as the Lessor may reasonably require from time to time. This policy shall include: a) The City added as an Additional Insured; b) Inclusive limits for bodily injury and property damage; c) Personal injury liability; d) Tenant's Legal Liability; e) Contractual Liability with respect to this Lease; 41- Lord's Louster Ltd. Lease for Stan Space - City Market Sc hed III e "C" - Page 14- f) Premises, Property and Operations; g) Completed Operations; h) A Cross Liability Clause; i) A Thirty (30) days wrillen notice of Cancellation shall be given to the City of Saint Jolm. iii. The Lessee shall also provide any other form of insurance as the Lessee or the Lessor may reasonably require from time to time in fornI, in amounts and for insurance risks against which a prudent tenant would insure. b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates of insurance of each such insurance policy will be delivered to the Lessor as soon as praeticable after the placing of the required insurance. All policies shall contain an undertaking by the insurers to notify the Lessor in writing not less than thirty (30) days prior to any material change, cancellation or termination thereof; c) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance referred to in this Section 9.01, or should any such insurance not be approved by the Lessor and should the Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee, the Lessor has the right without assuming any obligation in conneetion therewith to effect such insurance at the sole eost of the Lessee and all outlays by the Lessor shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of the Lessor under this Lease. 9.02 Increase in Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of premium for any insurance on the Leased Premises or the City Market or any part thcreof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. If the Lessee is in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance polieies taken out or maintained by the Lessor, including any additional premium on any rental income insurance policy or if any insurance policy upon the Leased Premises or the City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the Lessor, and ifthe Lessee shall fail to do so within twenty-four (24) hours of such written request, the Lessor shall have the right to enter the Leased Preffiises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at its option detenrune this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in full to the date of such determination of the Lease, and together with an amount equal to the Gross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make the fue insurance rate of the Leased Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amouut thereof shall be deemed to be and be paid as Additional Rent. 9.03 Loss or Damage The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it be responsible for ariy loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage results from the negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shan not be liable for any injury or damage to persons or properly resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent properly thereto, or .the pnblic, or caused by construction or by any private, public or quasi-public work. All property of the Lessee kept or stored on \v, , Lord's Lobster Ltd. Lease for Stall Space - City Market Sehedu Ie "C" - Page 15 - the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, without limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or corporation on or about thc Leased Premises caused by an intcnuption, suspension or failure in the supply of any utilities to the Leased Premises. 9.04 Indemnification of the Lessor The Lessee will indemnify the Lessor, and save harmless. from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to . property arising from or out of any occurrence in, upon or at the Leased premises, the occupancy or use by the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or invitees. . In case the Lessor shall, without fault on its part, be made a party to any litigation conuneneed by or against the Lessee, then the Lessee shall protect and hold it hannless and shall pay all costs, expenses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation. ARTICLE X DAlWAGE, DESTRUCTION AND EXPROPRIATION 10.01 Total or Partial Destruction of Leased Premises If, during the Term, the Leased Premises are expropriated or totally or partially destroyed or damaged by any cause in respect of which the Lessor is insured, the following provisions shall ha ve effect: a) If the Leased Premises are rendered partialiy unfit for occupancy by the Lessee, Gross Rent only shall abate in part only, in the proportion that the part of the Leased Premises rendered unfit for occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased Premises are rendered wholly unfit for occupancy by the Lessee the Rent hereby reserved shall be suspended in either event until the day following a reasonable period (taking into account the extent of the Lessee's restoration) following completion of the Lessor's restoration; b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the Architect shall be incapable of being rebuilt and/or repaired or restored with reasonable diligence within 1&0 days of the happening of such destmction or damage, then the Lessor may at its option terminate this Lease by notice in writing to the Lessee given within thirty (30) days of the date of such destruction or damage and in the event of such notice being so given this Lease shall cease and become null and void from the date of snch destruction or damage and the Lessee shall innnediately surrender the Leased Premises and all interest therein to the Lessor and the Rent shall be apportioned and shall be payable by the Lessee only to the date of such destruction or damage and the Lessor may re-enter and repossess the Leased Premises discharged of this Lease; If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the happening of such damage or destruction or if within the period of thirty (30) days referred to in Section 1O.01(b) the Lessor shall not give notice tenninating this Lease, the Lessor shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the . Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's restoration) complete the restoration afthe Leased Premises. The certificate of the Architect shall bind the parties as to the (i) extent to which the Leased Premises are unfit for occupancy; (ii) time requircd to rebuild and/or repair or restorc the Leased Premises; and (iii) due completion ofrepairs. 10.02 Total or Partial Destruction of City Market In the event that a substantial portion of the City Market shall be expropriated or damaged or destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises may be unaffected, Or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said occurrence, to elect to cancel and tenninate this Lease. Upon the giving of such notice to the Lessee, the Tenn of this Lease shall expire upon the third (3rd) day after such notice is given, and the Lessee shall vacate the Leased Premises and surrender the same to the Lessor. ),1'1- Lord's Lobster Ltd. Lease for Stall Space - City Market Schedule uC" - Page 16- }(l.IlJ Abllt~,m;..t ofRNU ===- -JJ!f0;!fiuNAJ4..y /fJe:J,J!1O::~otwithstanding anything herein befor ,a abatements of Rent set out in this Article X r .v shall be limited to an a ,0 t e amount which the Lessor collects under any rental income 10.04 Expropriation Awards The -Lessor and the Lessee will co-operate with each other if there is an expropriation of all or part of the Leased Premises or the City Market, so that each may receive the maximum award that it is entitled to at law. To the extent, however, 'that a part of the City Market, other than the Leased Premises, is expropriated, the full procecds that are paid or awarded as a result, will belong solely to the Lessor, and the Lessee will assign to tile Lessor any rights that it may have or acquire in respect of the proceedings or awards and will execute the documents that the Lessor reasonably requires in order to give effect to this intention. ARTICLE XI STATUS STATEMENT, SUBORDINATION AND ATTORNMENT 11.01 Status Statement Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any prepaid Rent or deposits held by the Lessor, whether there is any existing default and the particulars, and any other information required by the party requesting it. 11.02 Power of Attorney The Lessee hereby irrevocably appoints the Lessor as the attomey for the Lessee with full power and authority to execute and deliver in the name of the Lessee any instruments or certificates required to carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen (15) days after the date ofa written request by the Lessor to execute such instruments. ARTICLE XII TRANSFERS BY LESSEE 12.01 Transfer Defined "Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition ofthis Lease or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture (floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a transfer or issue by sale, assignment, bequest, inheritance, opera'tion of law or other disposition, or by subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that term is defined on the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change in the effective voting control of the Lessee. "Transferor" and "Transferee" have meanings corresponding to the definition of"Transfer" set out above, (it being understood that for it Transfer described in clause (iv) the Transferor is the person that has effective voting control before the Transfer and the Transferee is the person that has effective voting control after the Transfer). 12.02 Consent Required The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in each instance which consent may not be unreasonably witWleld. Notwithstanding any statutory provisions to the contrary, Lessor's consent shall not be deemed to have been umeasonably withheld where Lessor refuses consent to a Transfer within twenty-four (24) months of either the Commencement Date or a previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective and no consent shall be given unless the following provisions have been compliedwith: i., There is no default of the obligations of the Lessee under this Lease; ii. The Lessee shall have given at least thirty (30) days' prior written notice of the proposed Transfer and the effective date thereof to the Lessor: ~x Lo,'d's Lobster Ltd. Lea.e for Stall Space - City Market Sched ule "e" - Page 17 - iii. A duplicate original of the documents affecting the Transfer shall be given to the Lessor within thirty (30) days after thc execution and delivery thereof; IV. The Transferee, except in the case ofa Transfer described in Section 12.01(iv), shall have assumed in writing with the Lessor the due and punctual performance and observance of all the agreements, provisions, covenants and conditions hereof on the Lessee's part to be performed or observed fro'm and after the effective date of the Transfer. The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any . Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the Lessor, the financial background, busine.ss history and the capability of the proposed Transferee in the. Lessee's line of business, and the natnre of the business practices of the proposed Transferee. The consent by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. If a Transfer takes place, the Lessor may collcctren! from the Transferee, and apply the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or any Indemnifier from the further performance by the Lessee of covenants on the part of the Lessee herein contained. Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall not be released from performing any of the obligations of the Lessee under this Lease. A ny Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the Lessor or its solicitors, and any and alllega] costs and the Lessor's then-standard fee with respect thereto or to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand as Additiona] Rent. 12.03 No Advertising of Leased Premises The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale Of lease of the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the foregoing, unless the complete text and fonnat of any such notice, advertisement or offer is first approved in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any text or format on other grounds, any text or format proposed by the Lessee shall not contain any reference to the rental rate of the Leased Premises. ARTICLE XIII DEFAULT OF LESSEE 13.01 Right to Re-Enter When a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or b) thc Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default "hall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the tlrree (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith fe-enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shan have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Lease. 13.02 Right to Re-Let Should the Lessor elect to re-enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either tenninate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in In. Lord's Lobstcr Ltd. Lc.sdor St.1l Space - City Market Schedule "c" - Page 18 - order to re-Iet the Leased Premises, and re-Iet the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a tenn extending beyond the TenD. of this Lease) and at such rental or rentals and upon such oiher tcnns and conditions as the Lessor in its sole discretion may deem advisable; upon each re-Ietting all rentals received by the Lessor from such re-Ietting shall be applied; first, to the payment of any indcbtedness other than rent due hereunder from the Lessee to the Lessor; second, to the repayment of any reasonable costs and expenses of snch re-Ietting, including brokerage fees and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the same may become due and payable hereunder. If such Rent received from such re-letting during any month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking possession of the Leased Premises by the Lessor shall be construed as an election on its part to tenninate this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re-Ietting withont termination, the Lessor Illay at any time therea fter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amonnt of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Tenn hereof over ihe then reasonable rental value of the Leased Premises for the remainder of the Tern1 hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In detennining the Rent which would be payable by the Lessee hcreunder, subsequent to default, the annual Rent for each year of the unexpired Tenn shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rcnt payable hereunder, together with all Additional Rent which wouLd have been payable during the calendar year. in whieh this Lease was terminated, prorated over a full calendar year, if requized. 13.03 Legal Expenses In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee 10 be kept or performed and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable solicitors' and counseL fees OIl a solicitor and his client basis. 13.04 Bankruptcy The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on the Leased Premises shall be at any time during the Tern! seized or taken in execution or attachment by any creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the Leased Premises shall without the written consent of the Lessor become and remain vacant for a period of fi fteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt to abandon the Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or any of them from the Leased Premises so that there wonld not in the event of such abandonment, sale or disposal be sufficient goods on the Leased Premises subj ect to distress to satisfy the Rent above due or accruing due, then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent shall immediately become due and be paid and the Lessor may re-enter and take possession of the Leased premises as though the Lessee or the servants of the Lessee or any other occupant of the Leascd Premises were holding over after the expiration of the Term and the Term shall, at the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and determined, and in everyone of the cases abovc such accelerated Rent shall be recoverable by the Lessor in the same manner as the Rent hereby reserved and if Rent were in arrears and the said option shall be deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein. 13.05 Lessor May Perform Lessee's Covenants If the Lessee shall fail to pcrform any of its covenants or obligatioris under or in respect of this Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of the Leased Premises or any part thereof as the Lessor may consider requisite or necessary. All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, IOgether with an administrative fee equal to fifteen (15%) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional Rent. M Lord'. Lob.ter Ltd. Lease for Stall Space ~ City Market Schedule "e" -Page 19- 13.06 Waiver of Exemptions from Distress Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress; and (b) no lack of compliance with any requircment concerning the day of the week, time of day or night, method of entry, giving of notlee, appraising of goods, or anything else, will render any distress unlawful where the Lessee owes arrears of Rent at the time of the distress. 13.07 Remedies Cumulative No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or preclude the Lessor from exercising or invoking any other remedy in respect thereof, whether allowed at law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any othcr such remedy, but the Lessor may from time to time exercise anyone or more of such remedics independently or in combination. ARTICLE XIV MISCELLANEOUS 14.01 Overholding If the Lessee remains in possession of the Leased Premises after thc end of the Tcrm and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Term hcreby granted, and the Lessec shall be deemed to be occupying the Leased Premises as a Lessee [rom month to month at monthly rent payable in advance on the first day of each month equal to the sum of: 1. one and one half(1 v,) times the Gross Rent payable during the last month of the Term; and ii. one-twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately preceding the last Lease Year of the Term; and otherwise upon the same terms and conditions as are set forth in this Lease, except as to duration of Term, and any right of renewal mutatis mutandis. 14.02 Successors This Lease applies to the successors and assigns of the Lessor and, if Article XII is complied with, the heirs, executors, administrators and permitted successors and permitted assigns of the. Lessee. If there is more than one party named as Lessee, they are jointly and severally liable under this Lease. 14.03 Waiver Failure by the Lessor to require performance of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. The subsequent acceptance of Rent hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee of any tenn, covenant or condition of this Lease, other than the failure of the Lessee to pay the particular rent so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such Rent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor, unless such waiver be in writing by the Lessor. 14.04 Accord and Satisfaction No payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly Rent herein stipulated shan be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement or any cheque or any letter accompanying ally cheque or payment as Rent be deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided. 14.05 Entire Agreement This Lease sets forth all the covenants, promises., agreements, conditions and nnderstandings between the Lessor and the Lessee concerning the Leased Premises and there are no covcnants, promises, agreements, conditions or representations, either oral or written, between them other than are herein and in the said schedules and rider, if any, set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee unless reduced to writing and signed by them. In. Lord's Lobster Ltd. Lease for Slall Space - City Market Scheel ule "e" - Page 20 - 14.06 No Partnershij} The Lessor does not, in any way or for any pUl}lose, become a partner of the Lessee in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee. 14.07 Force Majeure In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock-outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other payments required by the terms of this Lease, nor entitle the Lessee to compensation for any inconvenience, nuisance or discom fort thereby occasioned. 14.08 Notices Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecopier or jf mailed in Canada, registered and postage prepaid, addressed to the Lessor at: C/O The Common Clerk, The City of Saint Jolm, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4Ll, with a copy to Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4LI, and any notice herein provided or permitted to be given by the Lessor to the Lessee shall be sufficiently given if delivered personally to the party being given such notice or to a responsible employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessee at the Leased Premises or at 4 Crestwood Drive. Saint John. New Brunswick, E2K 4J8. Any.such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or transmitted or on the third day that there is postal delivery following the day on which such notice is mailed, as the case may be. Either party may at any time give notice in writing to the other of any change of address of the party given such notice and from and after the giving of such notice the address therein specified shall be deemed to include any request, statement or other writing in this Lease provided or pennilted to be given by the Lessor to the Lessee or by the Lessee to the LeSsor. If there is more than one party named as Lessee, notice to one shall be deemed sufficient as notice to all. 14.09 Place fol' Payment of Rent The Lessee shall pay the Rent. Including all Additional Rent, at the office of the Lessor specified in Section 14.08 or as such place or places as the Lessor may designate from time to time by notice in writing: currently to the Cashier's Office, City Hall, P.O" Box 1971, 15 Market Square, Saint Jolm, New Brunswick, E2L 4Ll. 14.]0 Approval in Writing Wherever the Lessor's conSent is required to be given hereunder or wherever the Lessor must approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given in writing by the Lessor before same and shall be deemed to be effective. 14.11 Governing Law The Lease is to be governed by and construed according to the laws of the Province of New Brunswick. 14.12 Captions and Section Numbers The captions, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or deseribe the scope or intent of such sections or articles or of this Lease, nor in any way affect this Lease. 14.13 Partial Invalidity If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, .shall not be affected thereby and each term, covenant or condition of this Lease shall be separately valid and enforceable to the fullest extent permitted by ia w. 111 Lord's Lobster Ltd. Lease for Stoll Space - City Market Schedule UC)' - Page 2 I ' 14.14 No Option The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease becomes .effective as a Lease only upon execution and delivery thereof by the Lessor and the Lessee. 14.15 Time To Be of the Essence Time shall be of the essence of this Lease 14.16 Quiet Enjoyment The Lessor covenants with the Lessee for quiet enjoyment. 14.17 Riders and Schedules Schedules attached hereto form part of this Lease. 14.18 Basement Storage Space Where the Leased Premises includes any area of basement storage space, notwithstanding any provision herein contained, the Lessee acknowledges and agrees.. that water and sewer lines are located within the basement area of the Leased Premises and that there is a possibility that water and/or sewage may escape from the lines as a result of breakage, blockage, overflow or other cause, and may cause damage to anything stored in the basement area of the Leased Premises. The Lessee acknowledges and agrees that if it chooses to store anything, whether belonging to it or to others, in the basement area of the Leased Premises, it does so at ils own risk and the Lessee hereby agrees to release and indemnify and save harmless the Lessor from and against any and all manner 0 f aCtions, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or arising out of breakage, blockage, overflow or. other problem ofthe water or sewage lines. 14.19 Rent Free Period The Lessor and the Lessee agree so long as the Lessee is not in default under the Lease, the Lessee will not be responsible for Gross Rent for the period from and including September I, 2006 to and including November 30, 2006. Utilities, Promotion Funds/Merchants' Association dues are payable during the Rent Free Period. 14.20 The Lessee by these presents and in consideration ofthe sum of One Dollar ($1.00) now paid by the Lessor to the Lessee, the receipt whereof the Lessee hereby acknowledges, the Lessee does hereby assign and surrender unto the said Lessor, its successors and assigns, any and all benches currently occupied and used by the Lessee; the surrender to be effective September 1,2006. ....., SCHEDULE "D" RULES AND REGULATIONS 1. All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by the Landlord. 2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such controls as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises .and/or the City Market. 3. All garbage and refuse shall be kept in the kind of containers sped fied by the Landlord and shall not be burned in or about the Leased Premises. 4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or connected without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and without such direction no boring or cutting for wires or pipes shall be permitted. 5. The Tenant will be required to remain open for business as follows: a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open fOf business at all times while the market is open to the public. 6. The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Tenant. - 7. The Tenant shall use at the cost of the Tenant a national recognized pest extermination contractor. 8. The Tenant, its employees or agents, shall nol mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or iron without the written consent of the Landlord. 9. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit any cooking in the Leased Premises without the written consent ofthe Landlord. ] O. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for any purpose other than ingress to and egress from the Leased Premises. 1]. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees shall not bring in or take out, position, construct, install or move any safe or other heavy equipment or furniture without first obtaining the consent in writing of the Landlord. In giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight pennitted and the position thereof, and the use and design of planks, skids or platforms to distribute .the weight thereof. All damage done to the City Market by moving or using any such safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. The moving of all equipment and the furniture shall occur only during those hours when the City Market shall not be open for business or any other time consented to by the landlord. ] 2. All persons entering and leaving the building in which the Leased Premises are situated must do so during hours the City. Market is staffed by City Market employees. The Landlord at its sole discretion may determine the hours the City Market is staffed. Tenants shall register in books if so required by the Landlord when accessing the Market "after Market hours". The Landlord is under no responsibility for failure to.enforce this rule. 13. The Tenant shall not place or cause to be placed any additional locks upon any doors of the Leased Premises withont the approval of the Landlord and subject to any conditions imposed by the Landlord. ] 4. No one shall nse the Leased Premises for sleeping apartments or residential purposes, or for the storage of persona] effects or articles other than those required for the purposes permitted by the lease to which these rules and regulations are annexed. ..., SCHEDULE"D" RULES AND REGULATIONS Page 2 15. Subject to the Landlord's providing such service, the Tenant shall permit window cleancrs to c1can the windows. of the Leased Premises from time to time and at reasonable times. . 16. Any hand trucks, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 17. No animals or birds shall be brought into the Leased Premises except as penuitted by the lease to which these rules and regulations are armexed. 18. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not penuit the delivery of any food or beverage to the Leased Premises without the approval of the Landlord. 19. The Tenant shall not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parked in the parking areas. 20. The Tenant may only sell merchandise that is approved by the Landlord through their lease or otherwise. 21. The Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas adjacent to the Leased Premises. 22: The Tenant shall not use or.pemlit any of the Leased Premises to be used in such a manner as to cause armoying noises or vibrations or offensive odours. 23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor~ 24. A set of plans must be presented and the approval mnst be given by the landlord for any improvements or painting, etc. to the stands (including signs). 25. Merchandise, displays, shelves, etc., are not to exceed the height of the boUom meat hook bars on each stand. 26. No solid dividers are to be placed between the top and bottom meat hook bars. . 27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be swept and washed down properly. 28. Covers are not to be placed over merchandise on stands without the prIor approval of the Landlord. 29. Signage is to be in keeping with the historic character of the City Market and must meet the following criteria: Materials: Wood and metal are considered to be appropriate materials. Plastic may be used provided that it looks like Qne of the acceptable materials. Internally-illuminated plastic faced box signs will not he acceptable; Number of Signs: Each tenancy will be pernlltted one bench-top sign on each hench (7'- 0" length), or one projecting sign on each aisle-side that identifies the business by name and type; Bench-top. Signs: These signs are the preferred primary fonu of signage. They must be located I to 2 inches above the top rail of the bench, and should display the business name. They will consist ofa 8" high by 6'-0" long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two-sided signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall be vertical in proportion. The maximwn size for projecting signs shall be 18" high x 12" wide. Only one per tenancy per aisle side shall be penuitted as Business identifications; Lighted Signs: Not pennitted; Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be permitted.They may not exceed 8.5" x II" in size, and must not exccssively obscure the view through the bench between the first and last rail above the bench. ~ ~- SCHEDULE "01" APPLICATION FOR AGREEMENT HEAD OFfICE OR PROPRIETOR'S NAME ACCOUNT RECEIVABLE NUMBER STORE NAME AND NUMBER DATE OF LEASE MONTHLY CHARGES STORE ADDRESS . DATE Of LAST PAYMENT HEAD OFfICE ADDRESS BANK ACCOUNT NUMBER TRANSIT NUMBER BANK AND BRANCH NAME IN WHICH ACCOUNT STANDS IN BANK RECORDS SIGNING OFfICER SIGNATURE REQUEST FOR PRE~AUTHORIZED PAYMENTS I authorize (hereinafter referred to as the "Company") And/or to debit the account of the undersigned maintained with the financial institution indicated above, monthly, In accordance with the PAYMENTAUTHORIZAllON below, for the purpose of paying monthly rentals as noted above. "PLEASE ENCLOSE AN UNSIGNED SAMPLE CHEOUE FROM YOUR BANK OR TRUST COMPANY" AUTHORIZATION TO HONOUR PAYMENTS NAME OF BANK ADDRESS You are hereby requested and authorized to pay and debit my/our account at your office or at another branch of your institution if it is transferred there; all cheques drawn on you on my behalf and made payable to the Company or drawn on you by ; and all amounts specified on any magnetic or computer produced paper tapes requesting you to pay the Company or In consideration of your acting as aforesaid, it is agreed that your treatment of each cheque and/or tape and your rights with respect to it shall be the same as if it were signed by the undersigned personally, authorizing and requesting you to pay and credit such amount to the said Company Debiting my account and failure to pay shall give no liability on your part, regardless of the loss or damage. '>-v. BY-LAW NUMBER C-1 A BY -LA W RELATING TO THE MARKET IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The of Saint John as follows: A By-law of The City of Saint John entitled "A lW Relating to the Market In The City of Saint ", enacted on the 18th day of May, A.D. 2005 is by amended as follows: Amending Section 5(2) by adding the following ~diately after subsection 5(2)(k): (I) Stalls 18, 19 & 20 'ITNESS WHEREOF The City of Saint John has :d the Common Corporate Seal of the said City to be ~d to this by-law the day of September A,D. 2006 igned by: MayorlMaire Common Clerk/Grefiere communale :Zeading Id Reading Reading - Sept. 11, 2006 - Sept. 11, 2006 ,2006 ARRETE NUMERO C-1 ARRETE CONCERNANT LE MARCHE DE THE CITY OF SAINT JOHN Le conseil communal de The City of Saint John 6dicte: L'arrete concernant Ie marche de The City of Saint John decret6 Ie 18 mai 2005, est modifle comme suit: 1 La modification du paragraphe 5(2) par l'adjonction de ce qui suit immediatement apres I'alinea 5(2)(k): (I) Kiosques 18, 19 & 20 EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur Ie present arrete Ie septembre 2006, avec Ies signatures suivantes: Premiere lecture Deuxieme lecture Troisieme lecture - 11 sept., 2006 - II sept., 2006 ,2006 M & C - 2006-254 September 8, 2006 His Worship Mayor Norm McFarlane Members of Common Council Your Worship and Councillors: SUBJECT: Sale of City Land-Off Lockhart Street and Cranston Avenue BACKGROUND: In 1997, Council authorized the listing of a number of City owned propelties that were deemed to be surplus to the City's needs, including: one off LockhaIt Street (PID Number 24927) and another off Cranston Avenue (PID Number 31401). The City has owned the propelty off LockhaIt Street since 1943. This parcel of land is significantly lower than the other propelties along LockhaIt Street and is not serviced by water or sewer. This parcel measures approximately 698 square metres (7,513 square feet). The parcel located off Cranston Avenue has been owned by the City for a number of years. In 1980, the City reacquired its lease hold interest from Mrs. Earl Boyce in the propelty. The parcel is narrow, covering approximately 508 square metres (5,468 square feet) and is more or less a raised rock outcrop. Site development would be costly. Since the two above noted propelties were deemed surplus, there have been a number of persons interested in acquiring one or both of these lots for re-development purposes. However, in all cases once the difficulties of developing these lots were investigated, the offers were withdrawn. It would appear new development on either of these parcels is highly unlikely, given their site issues. Rather than selling these lots for redevelopment, it became evident the only reasonable value either of these lots had was for them to be consolidated with another adjoining propelty. In 2004, Real Estates Services had been negotiating with Mr. Herman Wasson, owner of 203 Cranston Avenue (PID Numbers 26302 and 26310): to consolidate the two City owned parcels with Mr. Wasson's propelty. A small single family dwelling is situated on this property. However, Mr. Wasson passed away prior to the completion of these negotiations. ANAL YSIS: Since the passing ofMr. Herman Wasson, his propelty at 203 Cranston Avenue was sold and is now owned by Jennifer Cmter and James Reeder. The new owners are interested in acquiring both parcels of land to be consolidated with their propelty for the purpose of increasing the size of their residential lot. This land is not intended for redevelopment. These two parcels of land have been deemed surplus to the City's needs for almost 10 years. It is the opinion of Real Estate Services the most appropriate and possibly only feasible use for the two City owned parcels is to consolidate them with an adjoining residential propelty. In light of this, Real Estate Services has negotiated with the new propelty owners of203 Cranston Avenue to sell the two City parcels ofland for a total of $3,000.00 plus HS.T. This price significantly exceeds the amount secured in the sale of two other surplus parcels in the Cranston Avenue area in the past five years. If Council is in agreement with this offer, the recommendation contained in this report will facilitate the transfer of these two parcels ofland. RECOMMENDATION: 1. That The City of Saint John sell the fee simple interest in PID Numbers 24927 and 31401 to Jennifer Cmter and James Reeder for $3,000.00 plus HST, on or before Friday, December 22, 2006, with the condition that the two above noted propelties are required to be consolidated with the propelty identified as civic #203 Cranston Avenue, also identified as PID Numbers 24927 and 31401. 2. That the Mayor and Common Clerk be authorized to sign any necessary documents required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, FCA City Manager CL/c Planning and Development Real Estate Services ~"!J . >>'(0 o'(~ ~~ '(U0 14 ~6j ", Description of Plan: Sale of two City owned lots that are deemed surplus to the City's needs. N PID: 24927 and 31401 k A pan:N/A Address: Properties Off Lockhart Street and Cranston Avenue Date: September 6, 2006 M & C - 2006-257 September 8, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition of Easement from Galbraith Equipment Co. Ltd. Pipeline Road West Real Estate Services dealt with representatives from Galbraith Equipment Co. Ltd, who is the owner of the propelty in which an easement was negotiated for the replacement of a water pipeline along Pipeline Road West. At its January 16, 2006 meeting Council considered and adopted a repOlt for the acquisition of the required easement. Recently, prior to closing the transaction, the City's Legal Depmtment noted that the repOlt contained an error as to who is the owner of the subject property. The repOlt listed "Galbraith Constmction Co. Ltd." as the owner. whereas the correct name is "Galbraith Equipment Co. Ltd." The purpose of this report is to amend the company name for the acquisition of the required easement. RECOMMENDATION: That Common Council amend its resolution on Monday, January 16,2006 contained in M & C 2006-11, and replace it by deleting "Galbraith Construction Co. Ltd." where it appears and substituting in lieu thereof "Galbraith Equipment Co. Ltd." That all other items of the resolution on Monday, January 16,2006 contained in M & C 2006-11, remain unchanged. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager ) Planning and Development . Real Estate Services / 00408138 6,1 . 55109 00408294 " " .- '" Description of Plan: Acquisition of a Municipal Services Easement. N PID:408294 pan:N/A Address: 395 Manchester Avenue I Date: January 10, 2006 " /'" \"r'>,.-:'~ 1/' /'~ EXISTING 15000 CP W.M. . ///~~~".-- / ",/ /",~ \P.I.O. / I'" '" V P.I.D. . /<p ,/ "'/~:~"/'~ V \cr;; 00408294 / ./ / / 0 EQUIPMENT COMPANY if- /"./ '" of' ~ !:) / """" .....:,.,/" / \\~ ,QJ " ,',," / ~ //'/' '\ / / "/:::>c"/ " \ /-: ,," ~' * : v' , /; , \ '. / /< /~~/ . PRo 6000 WM \ /" ~./':~;~~~/' EXISTING 600~ CI W.M. .? "~~~ :<p / c/ ",'." . ","~;.,' ,," 00 ; ~. , ~ . ,," ;'c/",,, .. / ,,';;., ,," , ,," " '''. ~ /", ",,' ,...,;"" /1 P.I.D. / ./,,/ / 040273L('" ,/",,<~/ /,'" , L--\. "," ~; ,," / ~~ " ",..;;"" /"" .;' / /" /' L"';(.IC ,'" -'" .. ," .,,- ,,' \ '" ,., oJ'" ~,.t:,--/ \ -'1< ./ ;:>9% . P.I.O. 00402735 EXISTING CITY OF SAINT JOH PIPELINE ROAD WEST R.O.W. \ P.I.O. \55051676 \ REQUESTED PROPERn' FOR EASEMENT, 2 (3768m) ". v'L \ \ \ GALBRAITH \ \ \ \ \ \ ~ P.I.O. 00408294 ~ EXISTI~IG CITY OF SAINT JOHN PIPELNE ROAD WEST R.O.W. MUNICIPAL OPER:\l1ONS a: ENGINEERING PARCEL #26 PIPELINE ROAD WEST ST A liON 1 + 620 TO 1 +825 PROPERTY ACQUISITION D'M4. BY V.J.D. DAlE SEPT. 2005 REV. N-o.. 1 D'C. No. ri~8Y '(116' ONSCAlE 1:1000 DATE 05/09/21 1 REVISED PER CI1Y RIIIJ II., I. ~!"~,, ~ . ,~ . ~ ,,4-C M & C - 2006 - 253 September 6, 2006 His Worship Mayor Norm McFarlane and Members of Common Council y our Worship and Councillors: SUBJECT: Public Hearing Dates 251 and 361 Riverview Drive, 461 Ellerdale Street, and 282 Douglas Avenue BACKGROUND: As provided in Common Council's resolution of August 3, 2004, these reports indicate the Rezoning and Section 39 applications received and recommend appropriate public hearing dates. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the Public Hearing. The following applications have been received: Name of Applicant Location Existing Zone Proposed Zone Reason Randy P. Ryan "R -2" 251 and 361 Riverview Dr. "P" Hughes Surveys (for Wilmot Developments Ltd) 461 Ellerdale Street "RM-2" Section 39 Hospice Greater Saint John 282 Douglas Avenue "R-2" "SZ-20" To permit a subdivision for semi -detached dwellings To permit a subdivision for an apartment complex To permit a day centre for hospice care and grief SUPPOlt programs RepOlt to Common Council September 5,2006 Page 2 RECOMMENDATIONS: That Common Council schedule the Public Hearings for the Rezoning application of Randy P. Ryan., 251 and 361 Riverview Drive; for the Section 39 Amendment application of Hughes Surveys (for Wilmot Developments Ltd.), 461 Ellerdale Street; and for the Rezoning application of Hospice Greater Saint John, 282 Douglas Avenue, for Tuesday, October 10, 2006 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager M & C - 2006-258 September 8, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of Portion of Closed Street (formerly Egbert Street Extension) BACKGROUND: In 1865 the County Road Commissioners 'laid out' a road from Old Westmorland Road (now Thorne Avenue) to Little River Road (now Bayside Drive). This road would cross that portion of land which was referred to as "the Flats" as well as Dutchman's Creek. The road was originally thought to be built in 1802 or 1803 and was part of the main highway to the Red Head area until the mid 1850's. Over time its prominence and use receded to the point where the right of way was no longer evident. The right of way was transferred to The City of Saint John in 1972. This former road traversed PIDs 18226 and 321489, parcels owned by an Irving Oil Company, now home to Midland Transport. As the solicitor representing Irving Oil attempted to put the Midland site into the Registry, the old right of way surfaced. In the fall of2003 Common Council resolved to Stop Up and Close the right of way, with the intention of transferring the land to Irving Oil. Third reading of the Stop Up and Closure was secured on November 24,2003. The transfer of this land was delayed as the City felt it may require an easement in neighbouring Irving owned lands for its planned sewer servicing scheme in the area. The easements are no longer deemed necessary; as such the City can now transfer interest in the former roadway to Irving Oil. RepOlt to Common Council September 8, 2006 Page 2 It should be noted Irving Oil has historically paid all property taxes for this land as it was not common knowledge that the right of way existed. As such a transfer for nominal consideration is recommended. RECOMMENDATION: That The City of Saint John transfer the fee simple interest in the Stopped Up and Closed portion of Egbert Street, as shown on the attached plan to Irving Oil Limited (or related company) on or before November 30,2006 for $1.00 plus all expenses incurred to effect the Stop Up and Closure; and further that the Mayor and Common Clerk be authorized to sign the transfer or any other documents required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager BI/ mmf .. ,,/'\ ...~.:::, ~ ~. . \/ I:;-" -e .2 o ~ z " c 2 CD I " ." 0 .C ., " > " o -,,20 o .- " ~v C ." 2 ~ CD 0 C Ir.-ing Oil Umited Property Propri~h! de Irving 011 Umited _ ~l;OJ hJoh ~lIr mc:~_ lJQne del haute. ~ ordrMIl'M19153 Ir.-ing Oil Umited Property Propri6t6 de Irving Oil Umited (!>Ow 1rtmI) ("""blaJ) "" o a 2. iji' .. ;T co It Q.~ '" NOTB 1 ) ~~7~~9:::t.~ ;:,~:: ,s;,;: ~':'r1 ,t~~o 10 Wan:h Cree-k . 1 ) Lo Doc. 1867~7 accord. b 1<1 VII'" d. Sellnl John I. droit. d. oormn.d,... .t d. moIntenir d.. -.yst\mll d'oIgoub de fa n.t8 EOb1!irt au crlque Nant.. U)!!! -. 3 3 0 o :> :> Q. 0.... <II 2 ) Doc. 18t57~7 rlgt)t to a"ow nalurc' dn:dF1oq. of Dutchman. awek Wot.~&d from C.N.R. to Wm.h Creok . 2 ) Lo Doc. 1667~7 accord. un droll <kI dro:"'J:O not....1 : ::r~l~u h~=~r~~i':u ~:;'~h .chsmln Plan Showing St'reet Closure La fermeture. de rue. Road across the flats as laid out by the Commissioners (1865) . Chemin traversant les plaines tel que piquete par les commissionnaires (1865) . City of Saint John , Ville de" Saint John . Saint John 'County . New Brunswick Comte de Saint John . Nouveau. Brunswick Do!. Moy 30, 2003 . Seelo Echono 1 , 3000 Do!. 10 30 mel , 2003 . ProP<Jre<I by Pn!por~ P<Jr HUGHES SURVEYS &. CONSULTANTS INC. . \ Montront Plan August 25, 2006 Mayor Norman McFarlane and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB E2L 4 L 1 Your Worship and Members of Common Council, On behalf of the Board of Directors of Uptown Saint John Inc., we request an opportunity to appear before Mayor and Council on September 25th, 2006 to present an overview of our new branding initiative and how it fits with the True Growth initiative. We would also like to make a short presentation on the annual Santa Claus Parade which hosts an estimated 40,000 people from the Greater Saint John area. We look forward to meeting with you. YA Dick Daigle President Uptown Saint John, Inc. ~. . 40 KING STREET SATNT JOHN NB Ell. 1 G:\ . TEL 506.633.9797 1 888.878Ji967 FAX 506.652,3525 . info(,7'Uptownsj.com wwwuplownsj.com Saint John Marine Modelers Association Saint John.. N.B. Canada www.geocities.com/sjrnarinemodelers . . -- . - . "Sait in Scale" August 18,2006 Mayor Norm McFarlane and members of Common Council; City of Saint John PO Box! c.P. 1971 Saint John, NB E2L 2B5 Dear Mayor and Members of Common Council~ This is an invitation to" Saint John's Sixth Annual Marine Model Expo" being held at the New Brunswick Museum (Market Square). The date this year is October 14,15, 2006. I am writing you in the hopes that you will be able to open the show or have someone there in your place. As per other years the opening will be held in the Museum foyer at 12:00 noon on Saturday October 14 . It looks like it will be a good show, we have a couple ofloeal speakers who model professionally and will try to show the public and attending modelers some new ideas. There is a strong chance we will have Mr Eric Ruff from Halifax attending the show. He will be showing us a video of the last trip of a 3- masted sailing ship. While the video is being viewed we will be playing sea shanty's over the museum sound system. There is an outside chance we could have the group Shantymen " from Halifax to play maritime music. Mr Ruff is a member of this group. This is being organized by the Museum staff. The Saint John Marine Modelers Association is a non profit organization and try to put this show on with our resources which are sometimes stretched very thin, it would be greatly appreciated if we could look forward to some monetary help from the city. Last year we had 107 models on display. Some of these models were worth thousands of dollars_ We had 19 modelers and their wives from outside the province. We as a club notify all participants by phone or by mail outs and do our best to arrange lodging and meals for our out ohown guests. Our whole intent is to make their visit an enjoyable experience. The members of the club help our visitors to unload and load their models and set up the museums displays. This is a very interesting show for this city and hopefully you, the Mayor and Common Council will see clear to help us with with our expenses this year in putting on this show It would be greatly appreciated and we would love to see you all there. John Weeks, (Show Coordinator, Saint John Marine Modelers Association) ps: Enclosed are some photographs of past shows :f~b ~/ Wayne Schedler 254 Prince Wi lliam Street Saint John, NB. E2L 2C I September 5. 2006 Dear Mayor and city councilors: I am a long-time resident of our city having moved here in 1995, and I am writing to express my concerns about the pending decision to develop the land across the street from my residence. There has been one proposal from John Rocca of which I am aware. First I would like to state that I am in agreement with developing land in the city to bring more people into the city core. However, I also believe that it is essential to keep the ones that are here and have been here for mWlY years. The reason we bought this property was to enjoy the downtown area and the view of the harbour. The location to downtown will not change but the view that I enjoy will no longer exist if development is allowed to proceed with any building that is higher than one story, as proposed by Mr. Rocca. on Prince William Street. My building and the others here were constructed and are maintained under the watchful eye of the heritage committee and when a new development, on the same street, is allowed to go ahead it as well should meet the heritage standards or all of the buildings that exist and new construction should not be part of the heritage community. Having only one side of the street in the heritage area and the other not would only decrease surrounding property values. Development done properly win accomplish the goals of the city and maintain the view and value of the properties that exist. I am looking forward to your response. z;~~ Wayne Schedler SENIORS' INFORMATION AND RESOURCE CENTRE Brunswick Square Level 111,39 king Street' Saint John, NB. E2L 4W3 Common Council City of Saint John September 5,2006 Your Worship & Councillors, The Seniors' Information and Resource Centre has made inquiries into the problems facing a growing number of persons, particularly senior citizens who find buildings and apartments that they would like to live in do not have door ways designed to accommodate wheelchairs. We recommend the following resolution be adopted. WHEREAS, there is a growing use of wheelchairs and walkers by Seniors living within their own homes or apartments and WHEREAS, building standards do not require doorways into rooms to be of sufficient width to accommodate wheelchairs, thus causing inconvenience to a growing number of persons. Therefore BE IT RESOLVED, that the city of Saint John, review it's building bylaws and take the necessary action to amend the bylaws to ensure that residential buildings have doorways of sufficient width to allow wheelchairs to appropriate rooms within the buildings including bedrooms, washrooms, kitchens and dining areas. Yours truly, s/~~ Don Shaw President. Ds/hw PROCLAMATION WHEREAS: September is traditionally known as Arthritis Awareness Month in Canada, during which The Arthritis Society promotes public awareness of the over 100 types of this chronic disease that can affect anyone, anywhere from childhood to old age; and WHEREAS: Arthritis Awareness Month is the focal point of The Society's fundraising activities for the year with the door-to-door canvass, Bluebird Campaign and many other events in communities all over New Brunswick WHEREAS: This year's theme for Arthritis Awareness Month is about Canadians helping Canadians, of all ages, to escape the pain by supporting The Arthritis Society; and WHEREAS: One in Six people in Canada lives with the chronic pain of arthritis. Only through education, understanding and awareness of this disabling disease will people get the support and solutions that they need NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John do hereby proclaim September, 2006 as Arthritis Awareness Month. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PROCLAMA TION WHEREAS: This is United Way's 47th year helping those in need; and WHEREAS: there are 25-member agencies of the United Way who provide essential services to those in need in the community; and WHEREAS: Over 250,000 needed services were provided to citizens from Sussex to St. Stephen in 2004 so the need is great; and WHEREAS: all monies raised stay in this community; NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John do hereby proclaim Friday, September 15, 2006 as "United Way Day" for the United Way of Greater Saint John Inc. 1 encourage everyone in our community to support the United Way and the 25-member agencies which provide services necessary in our community. The annual campaign is truly a community effort with labour, business, community leaders, non-profit organizations and numerous volunteers working for the betterment of our community. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PID: BY-LAW NUMBER M-23 A BY-LAW TO AMEND A BY-LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: 1 A by-law of The City of Saint John entitled, "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John", enacted on the nineteenth day of December. A.D. 2005, is hereby amended by adding thereto Section 191 immediately after Section 190 thereof, as follows: 191 The City of Saint John does hereby stop up and close permanently the following pOltion of highway: CONSTANCE STREET: That 60 foot (18.29 metre) wide public street in the City of Saint John, County of Saint Jolm and Province of New Brunswick called Constance Street, extending nOltherly from Natalie Street its entire breadth for approximately 183.2 feet (55.8 metres) more or less to the southern boundarv of that pOltion of Constance Street discontinued by a resolution of the Common Council of The City of Saint John adopted July 2, 1969. 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. 2006 and signed by: NID: ARRETIt NO M-23 ARRETE MODIFIANT L' ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lars d'une reunion du conseil communal. The City of Saint John a decrete ce qui suit: 1 Par les presentes, I' arrete de The City of Saint John intitule, <<L'arrete sur l'intenuption de la circulation et la fermeture des routes dans The City of Saint John >>, decrete Ie 19 decembre 2005, est modifie par l' ajout de l' mticle 191 immediatement apres I'mticle 190, comme suit: 191 Par les presentes, The City of Saint John barre et fenne de fayon permanente la pOltion d'une route suivante : RUE CONSTANCE: Une route publique d'une largeur de 18,29 metres (60 pieds), situee dans The City of Saint John, dans Ie comte de Saint John et dans la province du Nouveau-Brunswick, nommee rue Constance, se prolongeant en direction nord a pmtir de la rue Natalie en conservant son entiere Im'geur sur une distance d'environ 55,8 metres (183,2 pieds) plus au mains jusqu'a la limite sud de cette pmtie de la rue Constance conformement a la resolution du conseil communal de The City of Saint John adoptee Ie 2 juillet 1969. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur Ie present arrete Ie * 2006, avec les signatures suivantes First Reading Second Reading - Third Reading Mayor/Maire Common Clerk/Greffier communal Premiere lecture Deuxieme lecture - Troisieme lecture - STREET CLOSING CONSTANCE STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint Jolm" at its regular meeting to be held on Monday, September 11, 2006 at 7:00 p.m. to stop up and close the following highway: CONSTANCE STREET: That 60 foot (18.29 metre) wide public street in the City of Saint John, County of Saint John and Province of New Brunswick called Constance Street, extending nOltherly from Natalie Street its entire breadth for approximately 183.2 feet (55.8 metres) more or less to the southern boundary of that pOltion of Constance Street discontinued bv a resolution of the Common Council of The City of Saint John adopted July 2, 1969. The proposed amendment and plan of the above described highway may be inspected by any interested person at the office of the Common Clerk City HalL 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. FERMETURE DE ROUTE RUE CONSTANCE Par les presentes, un avis public est donne par lequelle conseil de The City of Saint John indique son intention de modifier 1'<< arrete concernant la fermeture de routes dans The City of Saint John >> lors de la reunion ordinaire qui se tiendra Ie lundi 11 septembre it 19 h afin de fenner et de barrer la route suivante : RUE CONSTANCE: Une route publique d'une lm"geur de 18,29 metres (60 pieds), situee dans The City of Saint John. dans Ie comte de Saint John et dans la province du Nouveau-Brunswick nommee rue Constance, se prolongeant en direction nord a pmtir de la rue Natalie en conservant son entiere lm"geur sur une distance d'environ 55,8 metres (183,2 pieds) plus au mains jusqu'a la limite sud de cette pmtie de la rue Constance conformement a la resolution du conseil communal de The City of Saint John adoptee Ie 2 juillet 1969. Toute personne interessee peut examiner Ie projet de modification et Ie plan de la route decrit ci- dessus au bureau du greffier communal a l'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire pmt de vas objections au projet de modification par ecrit a I'attention du soussigne a I'h6tel de ville. City of Saint John INTERNAL INSERTION ORDER For Cit~, of Saint John use only: Budget Number: 110 0801 4422010 Department: Common Clerk's Office (Account # 71206) Contact: J. Patrick Woods Phone: (506) 658-2862 I Fax: (506) 674-4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJT J= Saint John Telegraph Journal) .. SJTJ Cit~. Information Ad Date(s): Tuesday, August 29, 2006 Tuesda~', September 5, 2006 .. SJTJ Independent Placement .. SJT J Classitieds Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: D General Notice D Tender D Proposal ~ Public Notice Sub-Headline (if applicable): Text: INSERT A TT ACHED Call to Action: 1. Patrick Woods, Common Clerk/Greffier communal Contact: I Telephone: (506) 658-2862 10 BY-LAW NUMBER C.P. 110-22 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY 01<' SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE NO C.P. 110-22 ARREnt MODlFIANT L' ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une n':union du conseil communal. The City of Saint John a decrete ce qui suit: The Zoning By-law of The City of L'arrete sur Ie zonage de The City Saint John enacted on the nineteenth day of of Saint John. decrete Ie dix-neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modi fie par: I Amending Schedule "A", the Zoning Map of The City of Saint John, by rc-zoning a parcel of land with an area of approximately 405 square metres, located at 57 Broadview Avenue, also identified as being a portion of PID No. 00000257. [rom "IL-I "Neighbourhood Institutional to "RM-IF" Multiple Residential InfilL - 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. 2006 and signed by: Mayor/Maire 1 La modification de l'annexe <<A)), Plan de zonage de The City of Saint John, permettant de modifier la designation d'nne parcelle de terrain d'une superficie d'environ 405 metres carres, situee au 57, avenue Broadview, et etant une partie du NID 00000257, de zone de quartier a vocation col\ceti[ <<iL-ll) a zone d'edifices a logements multiples sur terrain intercalaire (( RM-IF i). - toutes les modifications sont indiquees sur Ie 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 Ie present arrete Ie 2006, avec les signaturcs suivantes : Common Clerk/Greffier communal First Reading - August 28, 2006 Second Reading - August 28, 2006 Third Reading - Premiere lecture Deuxieme lecture Troisieme lecture - 28 aout, 2006 - 28 aout, 2006 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT REZONING I REZONAGE Amending of Schedule "A" of the Zoning By-Law of the City of Saint John Modifiant Annexe <<A>> du Reglement de zonage de la ville de Saint John i ~ ~ :> ~ \'l ~ " .. d st. rue B,08 ~i8~ ~~. 6tOa a'i. :\,\st. \l9 'l111C3' FROM I DE TOI A RM-IF - Multiple Residential Infill I * I d'edification de logements multiples sur terrain intercalaire IL-1 - Neighborhood Institutional Pursuant to a Resolution under Section 39 of the Community Planning Act * Conformement a une resolution adoptee par Ie conseil municipal en vertu de I'article 39 de la Lai sur /'urbanisme Applicant: Location: Comeau MacKenzie Architecture 57 Bradview Avenue PID(s)/NIP(s) 00000257 06N-97NW Drawn By/Creee Par: David Couture Date Drawn/Carte Creee: August 29 Aout, 2006 Recommended by P.A.Clconsidere par Ie C.C.U.: August 28 Aoat, 2006 Enacted by Councif/Approuve par Ie Conseil: Filed in Registry Office/Enregistre Ie: September 7, 2006 Mayor McFarlane and Council The City of Saint John Your Worship and Fellow Councillors: RE: READY JOHN INC. A recent newspaper article indicates that the issue of portable potties on Germain Street West has not yet been resolved. I have spoken with Mrs. Lynn McGuire and she informed me if nothing happens soon, she is planning a Town Hall meeting for the end of this month. This item came before Council on December 19, 2005 and on a motion by Councillor Tait and seconded by Councillor Chase, it was tabled. I have spoken to staff and they want a clear direction from Council. Therefore, my motion is to lift this item off the table and for Council to direct staff to move forward immediately with Council's recommendations, dated December 19, 2005. Respectfully submitted, Ivan Court COUNCILLOR Common Council Order - December 19, 2005 6.11 Lease of Land to Enterprises Inc. - 154 Germain Street West On motion of Councillor Tait Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, 1. Council authorize the City Solicitor to take the necessary steps required to achieve vacant possession of its lands located at 154 Germain Street West, PID Number 368100. 2. Council direct the appropriate staff to ensure that a fence is erected between its property at 154 Germain Street West and the adjacent lands owned by Mega Enterprises Inc. On motion of Councillor Tait Seconded by Councillor Chase RESOLVED that the issue of the Lease of Land to Mega Enterprises Inc., 154 Germain Street West be tabled. Question being taken, the tabling motion was carried. On motion of Councillor Ferguson Seconded by Councillor Court RESOLVED that the City Manager explore the possibility of an arrangement that would realize a relocation of the business. Question being taken, the motion was carried. \\ \ September 7, 2006 To: Your Worship Mayor Nonn McFarlane and Members of Common Council Subject: The establishment of an Independent Ethics PaneVCommission. Background In recent Common Council meetings it has become apparent that issues of independence and conflict of interest interpretation is unclear and subject to varying opinions. It is for this reason that Common Council must ensure clarity through transparent, accountable methods of public trust. The establishment of an independent ethics panel/commission would serve the City of Saint John well. It is important to note that personal and economic interests fonn parts of everyday life and exist for most of us. However it is important when you are entrusted with great responsibility that any ambiguous area involving personnel reporting relationships or interpretations in respect to conflict of interest must be clarified. This initiative will require further research and input from proven community leaders with a strong background and understanding of public accountability and ethics to establish best practice mechanisms for success. As an initial beginning I suggest the following framework be used to establish an ethics panel/commission; 1. Provide guidance regarding interpretation, compliance with laws, regulations and procedures related to ethics conduct, conflict of interest identification/prevention and personnel relationship influences and matters. 2. Assist with defining and determining ethical decisions in borderline cases where rules are not clearly applicable. 3. Plan and recommend policy resolutions to ethics related problems. 4. IdentifY and recommend ethics trainingfor municipal staff and elected officials 5. Review function and structure of audit committee, procurement methods, disciplinary action, and promotions/appointments to paid municipal positions. Review function and structure for appointments to Agencies, Boards and Commissions (ABC's). Review the relationships of personnel and Board Members associated with decisions affecting promotions/appointments for (ABC's) and paid positions. 6. Prepare a policy guideline and best practice standard supported by a terms of reference that ensures independent oversight and accountability for municipal staff and elected officials. Be it resolved, That Common Council establish an independent ethics panel/commission to develop a framework for the development of an evolving policy that ensures independent oversight and accountability for municipal operations and municipal officials (including elected officials); to support conflict of interest identification/prevention and to support best ethics practice in respect to workplace relations and personnel matters. REPORT TO COMMON COUNCIL M & C 2006 - 259 The City of Samllohn September 7, 2006 His Worship Mayor Norm McFarlane & Members of Common Council y our Worship and Members of Council, SUBJECT: CONTRACT NO. 2006-31: ROTHESAY ROAD (ROUTE 100) - AT KENNEBECASIS PARK ROAD RECONSTRUCTION, PROVINCIALLY DESIGNATED HGHWAYS IMPROVEMENT PROGRAM BACKGROUND The 2006 General Fund Capital Program for Transportation includes funding for the installation of concrete sidewalk and landscaping in conjunction with work proposed by the Province. As Council is aware, the Province announced funding on March 14, 2006, for $150,000.00 for the installation of storm sewer and left turn lane at Kennebecasis Park Intersection. The work consists generally of the supply of all necessary labour, materials and equipment for the installation of approximately 25 m of 250 nun diameter and 185 m of 300 mm diameter storm sewer pipe PVC DR35, or approved equal, along with all necessary appurtenances. The work also includes 300 m3 of road excavation, 360 m3 of road backfill, supply and installation of 240 m of concrete curb and gutter, 240 m of concrete sidewalk, 182 t of asphalt concrete type "B" mix, 80 t of asphalt concrete type "D" mix, placement of 320 m2 of nursery sod and other related work. TENDER RESULTS Tenders closed on September 5, 2006, with the following results: 1. Galbraith Constmction Ltd. Saint John, N.B. $ 170,432.00 The Engineer's estimate for the work was $196,585.60. M & C 2006 - 259 September 7, 2006 Page 2 ANALYSIS The tender was reviewed by staff and was found to be formal in all respects. A second tender in the amount of $202,775.00 submitted by Valley Excavation Services Inc. was rejected at the tender opening by the Tender Opening Committee in accordance with Division 2.15 item (f) as this tender was not accompanied by a copy of the addendum issued by the City. Staff has contacted the Provincial Department of Transportation and provided them with a copy of the tender closing results and the low tender and they have given their approval to proceed. FINANCIAL IMPLICATIONS The contract includes work that is charged against a Transportation Capital project, financed through a combination of Provincial and City Funds, budgeted as follows: · Province · City of Saint John TOTAL $150,000.00 15,000.00 $165,000.00 Assuming award of the contract to the tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by the City and others. The analysis concludes that a total combined budget of$165,000.00 was provided in the City and Provincial budgets and that the projected completion cost of the project is estimated to be $161,025.16 ($127,394.47 Province + $33,630.69 City), including the City's eligible H.S.T. rebate - a $18,630.69 negative difference in the City's portion of work and a $22,605.33 positive difference in the Province's portion of work. The budget difference can be managed with the overall General Fund Transportation Capital Program. M & C 2006 - 259 September 7, 2006 Page 3 RECOMMENDA TION It is recommended that Contract No.2006-31, Rothesay Road (Route 100) - At Kennebecasis Park -Road Reconstmction, Provincially Designated Highways Improvement Program, be awarded to the low tenderer, Galbraith Constmction Ltd., at their tendered price of $170,432.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, 1. M. Paul Groody, P .Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL M & C 2006 - 252 The City of Samllohn August 29, 2006 His Worship Mayor Norm McFarlane & Members of Common Council y our Worship and Members of Council, SUBJECT: CONTRACT NO. 2006-13 LANCASTER LAGOON CELL #1 BIOSOLIDS REMOVAL AND DEW A TERING BACKGROUND This Contract consists of a project that is approved 111 the Municipal Operations and Engineering 2006 Utility Fund Operating Budget. 1. Removal of accumulated biosolids from the Lancaster Lagoon Cell # 1 to improve efficiency of the air diffuser system. TENDER RESULTS Tenders closed on August 23, 2006 with the following results: 1. Consolidated Giroux Environment Inc. Charlo, NB $110,040.00 2. Clean Earth Ltd. Saint John, NB $161,625.00 The Engineer's estimate for the work was $142,000.00. M & C 2006 - 252 August 29, 2006 Page 2 ANALYSIS The tenders were reviewed by staff and both tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against one operating budget. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $175,000 was provided in the budget and that the forecasted completion cost of the project included in the Contract is estimated to be $139,360.15 including the City's eligible HST rebate - a positive difference of $35,639.85 in the Municipal Operations and Engineering 2006 Utility Fund Operating Budget. RECOMMENDA TION It is recommended that Contract 2006 - 13: Lancaster Lagoon Cell # 1 Biosolids Removal and Dewatering, be awarded to the low tenderer, Consolidated Giroux Environment Inc. at their tendered price of$110,040.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, 1. M. Paul Groody, P .Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL September 6, 2006 M & C 2006 - 255 The City of Samllohn His Worship Mayor Norm McFarlane & Members of Common Council y our Worship and Members of Council, SUBJECT: CONTRACT NO. 2006-30: W A TERMAIN CLEANING & LINING - PHASE 1 BACKGROUND Unlined cast iron watermains that were installed in the late 1800's and early 1900's up until about 1960 are subject to a phenomenon called tuberculation (a build-up of material on the inside wall of the pipe). This build-up reduces the internal diameter of the pipe which in turn leads to a decrease in water pressure and available fire flows. In addition, tuberculation is a major contributor to water quality problems in a main. On May 23, 2006 (M&C 2006-18), Council approved the reallocation of $400,000 to initiate implementation of a Watermain Cleaning & Lining Project in 2006. Sections of unlined cast iron pipe that exhibit good stmctural integrity have been selected for internal cleaning and lining. It is anticipated that this will be an ongoing program for some years to come - until all the candidate pipes are identified and rehabilitated. This is an important and positive initiative for Saint John Water, one that will have a major impact on improving water quality and fire flows in neighbourhoods across the city. The sections of water main to be cleaned and lined under this contract include: . Church Avenue, from Main Street to Civic #76 . Prospect Street W, Walnut Street, McKeil Street . Morris Street, from Prospect Street to Civic #73 and from McKeil Street to its end. . Parkwood Avenue, from Sandy Point Road to Parks Street Extension. . Parks Street Extension, from Parks Street to Civic #71 TENDER RESULTS Tenders closed on September 6, 2006 with the following results: 1. Alltech Solutions Inc. Riverview, NB $ 281,814.75 The Engineer's estimate for the work was $350,420.00. M & C 2006 - 255 September 6, 2006 Page 2 ANALYSIS The tender was reviewed by staff and found to be formal in all respects. Staff is of the opinion that the tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against one capital work project. Assuming award of the Contract to the tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $400,000.00 was provided in the budget and that the projected completion cost of the project included in the contract is estimated to be $262,496.66, including the City's eligible H.S.T. rebate - a $137,503.34 positive difference. Staff will monitor the project expenditures against the budget and may report back to Council with a request to include additional sections of watennain cleaning & lining under this contract, should time permit. RECOMMENDA TION It is recommended that Contract No. 2006-30: Watermain Cleaning & Lining - Phase 1, be awarded to the tenderer, Alltech Solutions Inc., at their tendered price of $281,814.75 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, 1. M. Paul Groody, P .Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL September 7, 2006 M & C 2006 - 251 His Worship Mayor Norm McFarlane & Members of Common Council The City of Samllohn y our Worship and Members of Council: SUBJECT Contract 2006-32: Gault Road - New Storm Sewer BACKGROUND This Contract consists of one project that is approved in the 2006 General Fund Capital Program as follows: 1. A new 375 nun storm sewer on Gault Road between Alvic Place and Pipeline Road West to separate storm flow from sanitary in accordance with the City's separation policy. TENDER RESULTS Tenders closed on September 6, 2006, with the following results: 1) Galbraith Constmction Ltd. Saint John, NB $177,594.00 2) Valley Excavation Services Inc. Saint John, NB $199,859.60 3) Fairville Constmction Ltd. Saint John, NB $211,888.00 4) Maguire Excavating Ltd. Saint John, NB $279,038.00 The Engineer's estimate for the work was $294,527.60 M & C 2006 - 251 September 7, 2006 Page 2 ANALYSIS The tenders were reviewed by staff and were found to be formal in all respects with the exception of Valley Excavating Services Inc. which contained an error in mathematics. The math error was corrected in accordance with Tendering Procedures item 2.18(a) and the corrected amount is included under the Tender Results section of this report. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against one capital work project. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $250,000.00 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $181,125.74 including the City's eligible HST rebate - a $68,874.26 positive difference in the General Fund Capital Program. RECOMMENDA TION It is recommended that Contract 2006-32: Gault Road - New Storm Sewer be awarded to the low tenderer, Galbraith Constmction Ltd., at their tendered price of$I77,594.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, 1M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL September 8, 2006 M&C 2006 The City of Saint John His Worship Mayor Norm McFarlane And Members of Common Council: SUBJECT: Proposal to Operate the Forest Glen Community Centre (FGCC) BACKGROUND: A number of years ago the City entered into an agreement to have the South End Community Centre managed by the Boys & Girls Club of Saint John. Shortly thereafter, the Millidgeville Community Centre was taken over by the Canada Games Aquatic Centre. In 2004, the Millidgeville Community Centre was transferred to the YMCA-YWCA for management. Over the past years this has shown to be a good arrangement. Both private operations have been very successful and widely accepted by the community and at the same time quality services are being provided to the community at a significantly reduced cost to the City. In the summer of 2005, the City was approached by two service providers indicating an interest in the operation of the Forest Glen Community Centre. Staff requested proposals from both organizations and each proposal demonstrated a top quality service would be provided. However, it was determined that one of the proposals was better than the other from a financial aspect and provided the least cost to the City. The unsuccessful proponent has asked to remain anonymous. ANALYSIS: The YMCA-YWCA has submitted a proposal to operate the Forest Glen Community Centre. The Forest Glen Community Centre is owned by the Province of New Bn1l1swick, School District #8. It has been operated by the City of Saint John as a Community Centre since 1978. The City has offered a variety of paid and free programs for all ages. Over the years as budgets declined, it was necessary to review how services were offered and as a result many were lessened or removed. The City now has an opportunity to enhance what it has traditionally offered and to re-allocate much needed operating budget funds elsewhere. Over the past months staff has had discussions with the YMCA-YWCA about assuming the management of the Forest Glen Community Centre. The YMCA-YWCA is proposing to take over management of the facility and will offer programming much the same as it does in its other facilities. Most programs are user pay but often those who cannot pay are accommodated as 2 well. Programs to be offered include after school programs; breakfast & lunch programs; day care and summer camps; adult fitness classes; youth special events; evening community gym activities and community rentals, i.e. sports leagues, baby showers, birthday parties. Other programs will be developed as a need arises. The YMCA-YWCA presently operates an after school program. City staff is confident the facility can be operated by a third party and that the expectations of the community will be met. The YMCA-YWCA brings with it over 150 years of experience in community program delivery. It is proposed that the City enter into an agreement with the YMCA-YWCA to assume responsibility for the service delivery at the Forest Glen Community Centre. The City will continue to be involved with permanent staff serving as a liaison with the YMCA-YWCA to ensure the City's and the community's interest is being met. This arrangement will remove the need for permanent staff at the Community Centre, thus free up resources to provide recreation services in other areas of the City. As Council may be aware, there has been an increasing interest or concern from the community about poverty and resultant social issues throughout Saint John. Staff is becoming more involved in various special interest groups serving in varying capacities. Freeing resources from the Forest Glen Community Centre will better enable greater involvement in these issues by staff of Leisure Services. It is also planned that a new program aimed at fitness and awareness of health issues will be launched each year to encourage as much participation as possible from residents across the city. Staff resources are greatly needed here as well. Attached in Appendix "A" is a draft of the Prooosed Forest Glen Communitv Centre Ooeratill1! License General Terms and Conditions of A2reement. INPUT FROM OTHER PARTIES: At the Forest Glen Community Centre, the City of Saint John utilizes and shares facilities with School District # 8. The province owns the facility and the City has an agreement for its use. The local School District Officials support the recommendations contained in this report as outlined in the attached letter. In 1992, Council adopted in principle the Community Recreation and Open Space Strategy. This was a document, which provided guidelines for the management of open spaces and the provision of recreation and leisure services for a 30-year period. In the section on the provision of services, it noted that there was not enough clientele in the City of Saint John to have the City competing against others. The City's role was redefined as a facilitator and coordinator. In this role it was to work with existing agencies to enhance and assist in their provision of services. The City would then only offer services not available through other means. FINANCIAL: The operating cost to the City for the Forest Glen Community Centre will be $108,056 in 2006. Under the proposed agreement with the YMCA-YWCA, the annual cost to the City will be :3 $32,800 in the first year or $131,226 over the term of a four year contract. The proposal allows for a 2.5% increase annually over the course of the contract. The bi-yearly amounts to be paid by the City are shown in the attached proposed agreement. These funds provided by the City to the YMCA-YWCA will be used to offset operating costs to cover utilities and custodial services provided by the school. Part of the City's operating costs for the community centre is staffing in the amount of $69,223 (2006) for both part-time and full-time wages. However, with the recent appointment of a recreation manager, a full-time position has been transferred from Forest Glen Community Centre to the resultant vacancy to assume responsibilities for supervision of that area. This leaves a requirement to hire a casual person, as a minimum, if the centre is to be operated after this year. The new operating cost for staffing will be $48,079 with a resultant operating budget of$84,152. The potential savings will be $84,152 form the operating budget. However the operating fee of $32,800 (first year) needs to be ducted as well as the loss of revenue from the City of $12,583 (2005 figures). The difference will be a savings of $38,769 in year one or an estimated savings of $160,989 over the length of the contract. It is anticipated that these funds will be used to initiate new programs throughout the City. The YMCA-YWCA feels there will be sufficient ability to generate the necessary funds to cover all other operating costs from programs offered. RECOMMENDA TION: It is recommended that: 1 Common Council accept the proposal from the YMCA-YWCA to operate the Forest Glen Community Centre under the terms outlined in this report and attachments, and that; 2 The attached proposed agreement prepared by the City Solicitor be accepted, and that 3 The Mayor and Common Clerk are authorized to sign the agreement. Respectfully submitted, /3 J0l~ Bernie Morrison Commissioner of Leisure Services Terrence L. Totten, c.A. City Manager 4 This agreement made in triplicate this _ day of ,2006. BY AND BETWEEN: Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Education, hereinafter "the Minister" - and - The City of Saint John, hereinafter "the City" - and - The Saint John YMCA - YWCA Inc., hereinafter "the Y" WHEREAS the Minister is the owner of the Forest Glen Community Centre located at 651 Westmorland Road, Saint John, New Bmnswick, hereinafter "the Centre"; and WHEREAS the City, with the consent of the Minister, has utilized the Centre to provide to the general public recreational, leisure and community services, activities and programs including but not limited to after school programs, breakfast and lunch programs, day-care and summer camps, seniors fitness classes, community seniors club, teen leadership programs, evening community gym activities, dance instmction, and such special community rentals, e.g. baby showers and bilthday parties, hereinafter "the program"; and WHEREAS the City has determined that the providing of the program at the Centre can best be carried out by the Y; and WHEREAS the Minister, the City and the Y have agreed that the Y provide the program at the Centre; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein from and including September L 2006 to and including September 30,2010, the Y shall provide the program at the Centre for the general public upon the following terms and conditions: A. The Y shall: 1. provide the program hereinbefore recited in a timely, competent manner; 2. hire, train and supervise competent staff to carry out the program; 5 3. designate, from time to time, staff who shall respond to any and all alarms and telephone calls from security providers: 4. purchase and keep in force at all times an insurance policy that includes Comprehensive General Liability with limits of at least $1,000,000.00. The City and School District 8 shall be an additional insured. The insurance policy shall contain a Cross Liability Clause. Thilty (30) days notice written notice of cancellation, change to or lapse of coverage shall be given by the insurer to the City. A Celtificate of Insurance to the satisfaction of the City's Insurance Coordinator must be provided by the Y to the City: 5. pay all costs associated with maintenance of the Centre and day to day operation thereof, including but not limited to energy consumption, custodial staff, service staff and equipment: 6. determine the quantity of custodial work required to maintain the Centre: 7. not carry out any interior stmctural alterations until the Y has received prior written approval from the Minister and the City: 8. pay for any and all work contemplated in Clause 7: and 9. not permit the presence or consumption of alcoholic beverages within the Centre without the prior written consent of the Minister. 10. meet school principal to discuss the programming of common areas (theatre, cafeteria, gym). B. The City shall: 1. pay to the Y the percentage sum of the annual base Thilty Two Thousand Five Hundred ($32,500.00) Dollars in the first year, and 2.5% increase for each subsequent year for the rate of inflation. The payment schedule is: 2006 Sept 4/06 - Dec 31/06 $ 10,833.00 ($ 32,500) 2007 Jan 1/06 - June 30/07 $ 16,656.00 ( $ 33,312) July 1/06 - Dec 31/07 $ 16,656.00 2008 Jan 1/08 - June 30/08 $ 17,073.00 ( $ 34.145) July 1/08 - Dec 31/08 $ 17,072.00 2009 Jan 1/09 - June 30/09 $ 17A99.00 ( $ 34,999) July 1/09 - Dec 31/09 $ 17,500.00 2010 Jan 1/10 - June 30/10 $ 17,937.00 ( $ 17,937) Payments will be made at the first of each term. 2. provide to the Y the inventory listed on Schedule "A" attached hereto. The inventory becomes the propelty of the Y at the signing of this Agreement: 6 3. designate, from time to time, a City employee who shall serve as liaison between the Y and the Leisure Services Depmtment of the City: 4. provide to the Y such information as presently in the City's possession regarding contracts respecting vending machines currently located in the Centre: 5. provide to the Y all keys for the Centre now in the City's possession: and 6. provide to the Y, at the discretion of the City, limited free advertising III City publications. C. The Minister shall: 1. by signing this Agreement grant to the City an exclusive license to occupy and use the Centre and signify consent that the Y shall provide the program at the Centre; 2. provide custodial services for the Centre as identified by the Y in Clause A6: 3. provide to the Y on a timely, regular basis invoices to cover custodial wages and energy consumption: and 4. pay for any capital repairs required within the Centre. D. It is further agreed: 1. That any notices under this Agreement shall be given, in the case of: a) the City to: The City of Saint John Attention: The Common Clerk 15 Market Square P. O. Box 1971 Saint John, NB E2L 4Ll b) the Y to: The Saint John YMCA - YWCA Inc. 25 Hazen Avenue, Suite 19 Saint John, NB E2L 3G6 Attention: c) the Minister to: Superintendent School District #8 490 Woodward Avenue Saint John, NB E2K 5N3 7 2. That either the City or the Y may, upon thirty (30) days written notice. cancel the Agreement to provide the program at the Centre provided always that the Y shall reimburse the City any unexpended p01iion of the current installment paid by the City to the Y. The reimbursement shall be paid by the Y to the City within ten (l0) days of the termination of this Agreement. Notwithstanding termination the obligation of the Y to reimburse the City set f01ih in this clause shall survive the termination of the Agreement and shall remain in full force until discharged. 3. That this Agreement may, with the consent of the Minister, the City and the Y, be amended provided any amendment shall be in writing, signed by all pmiies. 4. Waiver by a pmiy to this Agreement, of any provision herein in one instance shall not constitute a waiver as to any other instance and any waiver shall be in writing. 5. This Agreement is not assignable by a pmiy without the prior written consent of the other two (2) pmiies to this Agreement. Any attempt to assign any of the rights, duties or obligations of this Agreement without written consent is void. 6. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressed in it. 7. The invalidity of any pmiicular provision of this Agreement shall not affect any other provision of it, but the Agreement shall be construed as if the invalid provision had been omitted. 8. This Agreement is to be read with all changes in gender or number as required by the context. 9. This Agreement shall be governed by and construed in accordance with the laws of the Province of New Bmnswick. IN WITNESS WHEREOF the parties have affixed their respective corporate seals, attested by the hands of their respective officers duly authorized in that behalf on the day aforementioned. SIGNED, SEALED & DELIVERED ) In the presence of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK, as represented by the Minister of Education Per: THE CITY OF SAINT JOHN 8 ) ) ) ) N.M. McFarlane, Mayor ) ) ) ) ) 1. Patrick Woods, Common Clerk ) ) Common Council Resolution: ) . 2006. ) ) ) ) THE SAINT JOHN YMCA - YWCA INC. ) ) ) Per: ) ) ) ) And: ) ) ;:'~~1A~t~I' ~ '. . ~ )"dr: ":.: . .'. '~'...... .::--- .'. ." ,.'. '. . J.~o:.:- :'- " ~. :;.t. . ~~ 'I':" I ,. """ '~:,~, ~'il ~~ . t " ~ , f I 't, ,t t .~.. ! "'- .....,i Ie "i#; Q ~, THE POWER OF EDUCATION Sc~ooj District B . District Education Council' , 490 Woodward Avenue' Saint .John, NB, E2K 5NS Tel 506.658,5300 ' Fax 506.658.5399 . www.di.strictB,l1bed,nb,ca January 17, 2006 ~~~~n~~@ JMl 1 7 2006 LEISURE SERVICES DEPARTMENT ~..Jr.. Bernie 'j\"Yorriscm Commissioner of Leisure Services City of Saint Jolm P. O. Box 1971 Saint John. NR E~L 4Ll - . _.....n ....;'j; . , .' ~ Dear fv'k. r\'lorri~;()l:': This will cDn:inn that ~:;choul District. S \....o1.l1d ,'5uppon (t decisiun of the SClint John Common Council lo c.:.e,,'elop ClIl agrccUlcIll '~viLll lh<:~ :"I.\-'lCI~ to operate the Forest Glen Community Center locaLed at Forest Hills School. ;. ;~;, Sincerely, .~ --~+-~ .. "j I#- -..311II ~i'" ;,":;:" ,< ~~~ ~ , , ~~ ~~~"'~: 1 ' . ", i~':.~~~~:~,'.." .;~ (>~ :;.:; ~ " ~.~y~ ,. '..~,..",~~:{,; . 'i;.~.. 0'., - . d .., '& i ,~'., .~.;~~ '. " -:.., :....,:i~/ :i Chris Toole, DirecLOr of Fi:1ancE:' and ..::\dIllillisLrffti0(~i,:~- \.~..., " \..:\ ,. . :?'ff , v_~,., ~ ~~ .:~~.!If... ":a' t" .~~ :~'1 ~\r \~~ "Y~~ ,~'":\. .~~ .~; ; ~ ~m' ~ ~ "" , ~ . ~:!. ~ ! i ~ ~ >. .,. I '"~, ~ "I '"I' ..1'~ r.i,; -:-. jj ,l<.,'" " ; '," , 1.~!-!II ,~'" '~"l'Il ::i>. l J ..., , .f ,. ~': ~, ~.~~.., ~. ~...': ,.,~~ ._ "tl .' ~~ ..;:.; :*'.0 .f .o/;/i. {. ..." ~ - ..,.. r:' J" 'i:I.., .; , .~: . ,,~"', ,": :'i"' r~ :\,r+;:Ii ~~ ...... ~~.: ",.,'.'", . ~" 'j" of " ": -.1. (''!--:''" _.1':, C~ . "h ._~..:;..;. ).... ':,' '~:",-'ii1", / 'h~,'. ".it ~ . . ,~,\ .'--~::-~.':" ..~4:_~..1:.,',_;~='i' ."..,~.'..,',~.;".<,:;.it~Oi,~., .... ~,-._'.'::.~;; .'" .,' ", ..:.... '~,~~~:t', ~' ,"-'- ,~_''JIw;.., ~~ --=- ';1,1 ~:~!i1) '- . " r" '. "- ,r.j' I :';"-t~ ...:.,:~i... .. ~," ~...:":.,~ .,_~.;...:h...U Susan Tipper ...~!W:' .. Sl.ii;'eiillte~lderl L 'I':;; ~-, '.::Ii '~:, :J-'~ ~ Ir flag r:' ,. " ~~.' ,~ , ~, cc: " '" '~" '~." V ./' :( '" '"j;' I; l'i: ....~. '.... . .." ~.r' ~ k-' )~ ~ ~.........._...,., ...........,,.. \ 13' Planning Advisory Committee P.O. Box 1971 Saint John New Bnmswick Canada E2L 4L1 506658-2 00 August 24, 2006 Your Worship and Councillors: SUBJECT: Rezoning and Subdivision - 57 Broadview Avenue City of Saint John On July 31, 2006, Common Council referred the above matter to th Planning Advisory Committee for a report and recommendation. The ommittee considered the attached report at its August 22, 2006 meeting and ad pted staff recommendations as detailed below. The Committee also granted three variances reducing the minimum lot depth, rear yard and parking requiremen s for the proposed subdivision and non-profit housing development. Mr. Peter MacKenzie appeared on behalf of the applicant and indicat d that he was in agreement with staffs recommendation. One letter of obje tion was received from Master Promotions Ltd.; however, no one appeared at t meeting with concerns or objections to the proposed development. RECOMMENDATION: I. That Common Council assent to a subdivision in general accor ance with the attached photo-reduced Saint John Non-Profit Housing Inc tentative subdivision plan and assent to any necessary public utility ea ments in conjunction with this subdivision; and 2. That Common Council rezone the aforementioned portion of land located at 57 Broadview A venue, also identified as PID "IL-l" Neighbourbood Institutional to "RM-IF" Multiple Jufill to permit the construction of a multiple dwelling with fou units. Respectfully submitted, ::1--r: (J- 1/1 !{hilip Hovey b7' Chairman SKH Attachments pf(~ject No. 06-245 parcel of 57, from sidential dwelling Planning and Development Urbanisme et developpement www.saintjohn.ca DATE: TO: FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: P.O, Box/C.P. 1971 Saint John. NB/N.-B. Canada E2L 4L 1 AUGUST 18,2006 PLANNING ADVISORY COMMITTEE PLANNING AND DEVELOPMENT MEETING OF AUGUST 22, 2006 ~~. ah Herrin~ Planner Comeau MacKenzie Architecture The City of Saint John Saint John Non-Profit Housing Inc. in part rship with the Anglican Parish of St. James and the Bisho and Diocesan Synod of Fredericton 57 Broadview Avenue 257 (portion thereof) Medium Density Residential Current - "IL-l" Neighbourhood Institution I Proposed - "RM-IF" Multiple Residential I fill To replace the existing church hall with a fo r-unit multiple family dwelling. Subdivision, Rezoning and Variances to: a) reduce the minimum required lot de th from 30 metres to approximately 14.5 metres Comeau MacKenzie Architecture 57 Broadview Avenue Page 2 August 18, 2006 b) reduce the minimum required rear y metres to approximately 3.0 metres; c) reduce the minimum required numb r of parking spaces from 4 parking spaces to 3. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to ive its views to Common Council concerning proposed rezoning applications. The Committee's commendation will be considered by Common Council at a Public Hearing on Monday, August 28, 2006. The Community Planning Act authorizes the Planning Advisory Committee to ive its views to Council concerning the subdivision ofland. As well, The Community Planning A also authorizes the Planning Advisory Committee to grant reasonable variances from the requireme ts of the Zoning By-law. Conditions can be imposed by the Committee. ST AFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to a subdivision, in general accordance ith the attached photo-reduced Saint John Non-Profit Housing Inc. tentative subdivision p an and assent to any necessary public utility easements in conjunction with this subdivisio ; 2. That Common Council rezone the aforementioned portion of a parcel of I nd located at 57 Broadview Avenue, also identified as PID 257, from "IL-l" Neighbourho d Institutional to "RM-IFtt Multiple Residential InfilI to permit the construction of a ultiple dwelling with four dwelling units; and 3. That the Planning Advisory Committee grant the following variances from he requirements of the Subdivision By-law and the Zoning By-law for the submitted Saint ohn Non-Profit Housing Inc. subdivision and development that would: a) reduce the minimum required lot depth from 30 metres to app ximately 14.5 metres; b) reduce the minimum required rear yard from 7.5 metres to app oximately 3.0 metres; and c) reduce the minimum required number of parking spaces from parking spaces to 3. Comeau MacKenzie Architecture 57 Broadview Avenue BACKGROUND: age 3 ugust t 8, 2006 A final closing service of celebration was held at 51. James' in November of 2005 and the church was deconsecrated as a place of Anglican worship by Bishop Claude Miller on Ju e 5, 2006. The Anglican Diocese of Fredericton announced a partnership with Saint John Non Profit Housing Inc. (SJNPHI) on July 18,2006 to find a reuse for the historical St. James Church in e City's South End and to construct four low-rental housing units at 57 Broadview Avenue where the church hall was located. The St. James Church Hall, at 57 Broadview Avenue, was demolished inluly of2006. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to the proposed 4~uni apartment building or to the requested parking variance. Building and Technical Services has no objections to this proposal, but notes th t full detailed plans will be required for NBC evaluation. ANALYSIS: Site and Neighbourhood The subject site is located on Broadview Avenue between Sydney Street and C the South End, across from the Armoury and the Barracks Green. The 880 squ e metre (9,472 square foot) property currently contains the rear portion of the former St. James Angl can Church and the vacant site where the church hall was previously located. The neighbourhood urrounding the subject site contains a mix of uses including the Barracks Green Park, several indus rial warehouses and several blocks of housing with "Rl\1-I" Three Storey Multiple Residenti I and ""RM-IF" Multiple Residential Infill zoning. Proposal The applicant is proposing to subdivide a portion of the subject property to create a 05 square metre (4,355 square foot) lot abutting Broadview Avenue, rezone the subdivided 1 t from "IL-I" Neighbourhood Institutional to "'RM-IF" Multiple Residential Infill, and cons ruet a multiple dwelling with 4 dwelling units. The proposed lot and multiple dwelling will requir three variances from the standards of the Subdivision By~law and the Zoning By-law to be subdivided and constructed as proposed in this application. Comeau MacKenzie Architecture 57 Broadview Avenue Subdivision Application Page 4 August 18, 2006 The applicant is requesting tentative approval to subdivide a 27.9 metre by 14.5 me re (91.5 foot by 47.6 foot) piece from the front portion of 57 Broadview Avenue to create a405 squ e metre (4,359 square foot) lot abutting Broadview Avenue, as illustrated on the attached site pia. The proposed lot already receives municipal services as it is the former site of the St James' Church Hall, and will not require any additional services or street improvements as it a uts Broadview Avenue. The rezoning of the proposed lot from "IL~ 1 " Neighbourhood Institutio al to "RM- IF" Multiple Residential Infill is being requested in conjunction with this subdivision pplication, and the proposed lot meets all of the requirements for lots in the "RM-IF" zone except f; r the minimum lot depth required by the Subdivision By-law. The applicant is requesting a varian e to reduce the minimum lot depth from 30 metres (98 feet) to approximately 14.5 metres (47.6 f; et). The lot depth variance is required as the proposed lot is to be separate from t e existing lots containing the 51. James' Church, which. as illustrated on the attached site pans, is located approximately 3.2 metres (10.5 feet) behind the proposed property line. Although INPHI has the option to purchase the S1. James' Church properties over the next 36 months, this development is being undertaken separately and should be contained on a separate lot should th option not be exercised. Rezoninl! Application The applicant is requesting that Common Council rezone the property from "IL-l" eigh bourhood InstitutionaP' to "RM-IF" Multiple Residential Infill to permit the constructi n of a multiple dwelling with four dwelling units. The subject property is currently zoned "IL-I" Neighbourhood Institutional as it w s the site ofthe former St. James' Church Hall which was demolished in July of 2006. The pro eIty located 63 Broadview Avenue. directly adjacent to the subject site. as well as the majority of e properties in the blocks bordering the site between Broadview Avenue and S1. James Stree and between Charlotte Street and Pitt Street are currently zoned "RM-IFl' Multiple Residential III and contain a mix of single family, two family and multiple family dwellings. Application of the "RM-IF" Multiple Residential Infill zoning to this site will c rrespond to the zoning in the surrounding neighbourhood and will ensure that the proposed buildin is contextually compatible with the character of the South End. Although the determinatio of contextual compatibility within the block face, as required by the Zoning By-law, may be ifficult for this building due to the fact that only one dwelling is located on the same block as the ubject site, the proposed building appears to be compatible with the general character of dwellings n the South End as a whole. Comeau MacKenzie Architecture 57 Broadview Avenue Variance Aoolications age 5 ugust 18, 2006 The applicant is requesting variances to permit the construction of a multiple dw lling with four dwelling units with a reduced rear yard and reduced parking. The Zoning By-law re ires a rear yard of7.5 metres (24.6 feet) and a minimum of 4 parking spaces at this location, while the applicant is proposing to construct the multiple dwelling with a rear yard of approximately 3.0 etres (9.8 feet) and provide 3 on-site parking spaces. The rear yard variance is required due to the previously mentioned lot depth v iance and the location of the S1. James' Church building only 3.2 metres (10.5 feet) behind the pr posed property line. Given that SJNPHI and the Parish of St. James intend to utilize the remaining hurch property and building for the benefit of the local community and its residents, and that their emorandum of understanding states that the parties will explore future uses of the property that sat sfy the mission objectives of the Parish and/or Diocese and the mandate ofSJNPHI, the reduced se aration of these buildings should not be problematic. The number of on-site parking spaces provided for future tenants of 57 Broadvie Avenue is also constrained by the lot size, but is not expected to be an issue as there will likely be a educed demand for tenant parking due to the non-profit nature of the housing development. CONCLUSION: The subject site is located in the City's South End where "RM-IF" Multiple Reside tiallnfill zoning is the norm for most low- to medium-density residential dwellings. Although the roposed lot and mul tiple unit dwelling requires a variance from the Subdivision By-law and two va . ances from the Zoning By-law these variances are not expected to be problematic for the proposed se of the site or the surrounding neighbourhood. As such, the proposed subdivision, rezoning and ariances for 57 Broadview Avenue can be supported. SKH Project No. 06-245 PLANNING AND DEVELOPMENT/URBANISME ET DEVELO p .. . p p \\ . I M_~l~\ ~ ,.\ \ 1-'" - p Subject Site/site en question: - PID(s)/NIP(s): ion thereof / partie Location: 57, avenue Broadview Avenue Date: August 18 aout, 2006 Scale/echelle: Not to scale/Pas a I'echelle f}IK[)/'/75~f 28'" e~pJ.. ,. . ~:-~@~~--c---- I I I I N I , :- . .1 I I , I w_~ I I . .. '. e . I I I i I s , , I I I i I , I I I ., I I I I I I I j , 1'1."" "'(- I I I I fe' I I fe 1 I I . . , .j@ I ':Ie " EXl5mli ~i .' ~ 51'. .YWt5 otROt of ~ ~ "'j :0 ,.!j , I, ~ , I I I , I i I W I t- V> i '" W I In I c ll.. 0 i '" ll.. . . LU 0'JU.t11~ 0; I '" Ii$MO>IW .... "" (\J 2 ~ g l\J E 8.2.. -... .... '" '" " ~ ~Cl'05f.t:' ~W .! 4 -lN1' 131A.[:>t.JC" <). PAvel) " 14,6.. l'~ l- e :> I +> ~ u " .. I +> , :E u , ~ ,I <[ I I '" "IS.. I. , ]1 :1., EXI9r1N::O P L ~I 21.9m ~I rYWN:Nf.W "vtloU " '" IE: 0 U .. ~ SAINT JOHN ~1,1= -. .. ~'''--- -, ..>: _ ,,;;0 NON-PROFIT CoIIItt:: ..u. y 20<:)5 u HOUSIN " COI'nMtI ___ J::ihII. i'.II ::E ~ ~'1:i'D-1 BROAD STREET 1"~0F'(75E:t? I"1lIO..IG"tttO;~61~ L _ m.~KJo)6~""'. 51ft PL..AN I>CV _ ..... ., '1<<, K)6) &!iNti'''' +> ................. AI .. .OA.TE RE'o1SION DtSCRl1'TlON SAINT JOHN, NB. .- I.... ~ ~I I -1 I I 111_ :!:'!:("} I ~~~ ~~c ii i'&' T;;~~(~ ~;;~~n l;\!!R :z~ t;;:::;; ,..~ i. ~ ~~ ~ t <;; ~ f ~ ~ tI:I :tI ~ ~5 I :I~ e;!l~ t"jwl ~~~,~ oc..., ~I Zo :I: ?: z t:r:I UJ i'i'~'~ ~Z~~t o :z: n I . 9 rg i ::: ! ~lj - -g-~ I ~ I I JII '-- L L ..... ~ V1 ~ ~ yy 'i\\ z: 'i\\ ""' ---\ \.!'I \\\ ,.- 'i\\ ~ ~ C) Z - - - I- I _ I r Tifl _ \ r:= 5-1; II l~ II1I'1' I fT ~ 1 '!:1111111111,~1111 ~ I ~ I 111 I I, 1 \~ III ~ ~, I ~ ,D 11'\ ;11111 1 I I" Il_ II II IIII,J - DII ' 1, I 11 1\1 \ y I T 1 I 1 mr r --=1 II I I i I ~I! I TI" ~~ II 111111 Y I [~ J" IIIJ' '-L- uy - I I [ I - I I -II JJ Mas'er' Promotiolls LId. P. Trade Show & Special Event Organi:ter August 11, 2006 The Saint John Non Profit Hcllsmg .lnc, 1.1 Kin~Sr:u!lre Sout}, . ...4" SalmJchn, NB E2L 1 E5 Attention: Mr. Clifford Lawrence Dear l\Ir. Lawrence: ~"'urther to your letter of July 20, 2006, I would like to thank you for advising us of your pruposed use of the Broadview Avenue (St. James Church Hall) land. It is our opinion hat the propv~ed propcrty:j\i;~.lqt,~~e~ {or.~~i~f!.Jo.;. ~~ ,C~~;~!J~~ .?.fhousing, as proposed in 'OUf letter. 1)le ,pa:ticTlp(. tpe. J.9his :~e1atively sroall and is sandwiched, on four sid s, between large htiik!ings with more 'of a commercial aspect than proposed. I believe that the project has S()J11C slrong merit, but I definitely think it would fit better in a more residential s <tiug. 1hert; are discussions of rezoning near and around this a;-ea, WhICh would not be cond~lc' ve to your emnis in the long hail. f trust you understand our positkm]il thi'i 1)1atter and we woulJ be interested in assisting your ~ffl)rls~n any w.ay possiblf.\ If y,)U t.:;J.ve;;'lJY qm:stions_ or concerns. please 0 ilot hesit:;lte t,) 'c.qJ.11.z.et.,;ilC. Sincerely, "t . " " . I ~.~~, ~ -po .1.,\ .1j~ '_'J-'.~J::..":.~--;. ."l'fL~,--.I:, y~ . . ~ W ~;;~~~\:H (lW es"P...e[,i~en~,. : ~ '.~' .o'-....~I~>~.._J. ~, '-'1 . I,' J.... '.. ,~~,.. '" . ,.,..,.J.- .:. 'cJ~. ;~-)...; .'. .... ~"~';" <.... , ,. P..~.;jf.'la,.p.!!lIlg :t}~~li~o~/. {.,!n~9v~t'Pe. Sitj:',of,~ai:l:lt J.~lh"'1 '. ..~'~ \.'.~ < -:;:,.'. > ":" .: ,.:", . '. ~...' " . .:. ~ '" ,", i~:~'-T-i ~:' \r:'~4~ ir~t~~.":!." " .' \ ",;',-"''-~' t'._~--~... !J.f._~ ~'J: j ''''''' ',~ ,~..~ "',,-~~ ., " ,It-. , . ~, .~,.." ~: ~., ~.~=. 0(__ u_ ~= U"'- c'- P.O. Box 565, Saint John,N.B. E2l3Z8 Phone: (506) 658-0018 · Fax: (506) 658-0750 E-mail: show@nbnet.nb.ca · www.masterpromotiofiS.ca ~ -- .-- ,Master 'r~mo';olls Ltd. Trade .Show & Special Event Organizer August 17,2006 Planning AdvilSOry Committee City of Saint John PO Box 1971 Saint John, NB E2L 4Ll Attention: Sarah Herring Dear Ms. Herring: In response to your letter of August 8, 2006, please find-enclosed, a copy of byus to Mr. Clifford Lawrence of The Saint John Non PIQ,gt Housing Inc. Planning Advisory Committee, defining OUf reasons for not be:ing in favor 0 proposal, If you have any questions, please do not hesitate to contact me. Sincerely, \VendeliF. Howes, President .' i , . ' "--. I-~'. -.". II" ,.-.' I " . ~ ;.,: ., , ' ~ '. ~ r" ., ...~.i~ ",~'I ~.... ~. ',-' I :-,,' . 4 ", ,.,-,', ~"'.l~~ ...... ":',! letter sect d cc'd [() the this ..,:;-~:~~ ",'r' ., -'.,:~, '. "j~I..\ r-I... ' i" _'>'~~!. ~'..-"~~. . .: ~ '" :.:, .-. ~::.. eZ- u........ . <,_ P.O. Box 565, Saint John. N.B. E2l3Z$ Phone: (506) 658-0018 · Fax: (506) 65&0750 E-mail: show@nbnet.nb.ca . wWw.masterpromotions.ca ~ -- --' '~UG '~li - The Saint John Non Profit July 20, 2006 Master Promotions Ltd. PO Box 565 Saint John, NB E2L 3Z8 Re: Rezoning Application PID 257, 57 Broadview Avenue, Saint John, NB '~ ~C. According to Service New Brunswick records, you own property identified by Ds 299, 55116230 and 55117253 near 57 Broadview Avenue. As you may be aware, the former St. Jam s Church Hall that occupied this site has just been demolished. As Chair of the New Projects Committee of Saint John Non Profit Housing I c., I am writing to inform you of our plans and to seek your support. You will soon be receiving a notice fr m the City of Saint John as we are filing an application to rezone the site from the Cllrrent "Neighbourhoo Institutional" to a "Residential Multiple - [ntill" designation. A few zoning variances are also needed. The Anglican Parish of $1. James has agreed to sell the former church hall lot or development of a four unit apartment. S1. James Church closed late last year and the former parishione s, and Bishop wish to have the properly redeveloped for the benefit of the South End community. The pro sed development is to be constructed under the FederallProvincial Affordable Rental Program for non-eld rly singles and will contain four one bedroom apartments. The building is patterned after one designed by omeau Mackenzie Architecture that was completed earlier this year on Main Street in the North End. he attached photo approximates what it will look like looking across Broadview Avenue. We understand that our rezoning application is to be heard by the Planning Adv sory Committee on August 22 and then by Common Council on August 28, 2006. Saint John Non Profit ousing Inc. would welcome a letter of support from you. We would also be pleased to hear from you if you have any questions or concerns. Yours very truly, ~:4-'~ Cliffo%~w~ence CC The Ven. Geoffrey Hall, Assistant to the Bishop of Fredericton Narinder Singh, P.Eng., General Manager, Saint John Non Profit Housing Inc. 14 Kin!! Sauare South, SOIinr fohn. NB E21, 1 E'l TFT. Ic;flr..\ r,"iSl.l Q1<; !:'AY. {r:,(I \ r.A" D'"7" (3 f\ , (j.. Planning Advisory Committee P.O. Box 1971 Saint John New Brunswick Canada E2L 4L I 50665 -2800 September 6, 2006 Your Worship and Councillors: SUBJECT: Public Utility Easements 4401 Loch Lomond Road City of Saint John The Planning Advisory Committee considered the attached report at its September 5, 2006 meeting. Me Brian Irving of Real Estates Services represented the City of Sa nt John in this matter, and expressed his support for the proposed one-lot subd' ision and staff recommendation. Me Bill Edwards, Commissioner of Buildin and Technical Services, also appeared before the Committee in support fthis application, In addition, the future landowner (Peter Collings) of proposed Lot 06-1 was also in attendance, and indicated that he was well aware 0 his responsibilities to maintain the private access (Cropley Lane) in an cceptable manner to the Fire Department. After considering the application, the Committee resolved to approv the existing private roadway (Cropley Lane) as the means of access for the prop sed lot. The Committee also resolved to recommend to Common Council the ass nt of any necessary public utility easements in order to service this new resid tiallot. This recommendation is set-out below for your convenience. RECOMMENDATION: That Common Council assent to the attached photo-reduced City of aint John I tentative subdivision plan with respect to any necessary public utilit easements.; Respectfully submitted, f;:q H<>-<- Philip Hovey 7 Chairman MRO Attachment Project No. 06-283 Planning and Development Urbanisme et developpement wWlv.saintjohn.ca DATE: TO: FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: P.O, BoxlC.P, 1971 Saint John, NB/N.-B. Canada E2 L 4 Ll SEPTEMBER 1,2006 PLANNING ADVISORY COMMITTEE PLANNING AND DEVELOPMENT MEETING OF SEPTEMBER 5, 2006 ~Ol Mark O'Hearn Planning Officer City of Saint John (Real Estate Services) City of Saint John 4401 Loch Lomond Road 55023451 (portion thereof) Un serviced Residential "RS-I" One and Two Family Suburban Residential The City of Saint John To create an unserviced residential lot butting a private access. Subdivision JURISDICTION OF COMMITTEE: The Subdivision By-law authorizes the Planning Advisory Committee to app ove accesses other than public streets as a means of access to lots, blocks and other parcels of la d, City of Saint John 4401 Loch Lamond Road Page 2 September 1, 2006 STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to the attached photo-reduced City of aint JOM tentative subdivision plan with respect to any necessary public utility easemen s. 2. That the Planning Advisory Committee approve the existing private r adway known as Cropley Lane, being situated on the adjacent Barbara Rowe Property PID No. 55018253), as the means of access for proposed Lot 06-1, on the con ition that a notation be placed on the final subdivision plan clearly indicating that the acc ss is private and no service will be provided by the City of Saint John. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comm nts: . Engineering has indicated that Cropley Lane is a substandard privat access. The City does not provide any services for the existing two homes situated alo g a portion of this road, and it must be understood by the landowners of the proposed n w home (Lot 06-1) that no services will be provided by the City in the future. Road mai tenance will remain the complete responsibility of the property owners in the area. . Water & Wastewater Operations has indicated that this applicatio would create a new residential property outside of the watershed for the purpose ofreloc ting an existing dwelling presently located close to the First Loch Lomond Lake. As his would improve the situation they fully support this application. Building and Technical Services has indicated that plans and specification will be required for any structure that is located on the property (Lot 06-1). Saint John Energy has indicated that an overhead pole extension will be re uired in order to service proposed Lot 06-1. The most likely location for this extension is alo g the existing private road. Easement requirements and costs will be discussed with the pr ponent later when detailed servicing plans are prepared. Aliant Telecom has existing overhead facilities in the general area, and will work with the proponent and Saint John Energy in coordinating the extension necessary to erviced proposed Lot 06-1. Rogers has been advised of this matter. Maritimes & Northeast Pipeline has no concerns with regards to this deve opment. City of Saint John 440 I Loch Lomond Road Page 3 September 1,2006 Fire Department has no objection to this application provided the access ro d is maintained to sustain the weight and turning requirements of fire apparatus, and that the pr vate roadway provides suitable emergency access during all seasons and weather. The Saint John Fire Department cautions that further development off the ac ess road must be considered on an individual basis, in that the development of this area may r quire that the road be constructed in accordance with the National Building Code Standard 3.2. .6 "'Access Route Design." N.H. Department of Public Health and Wellness has received an applicati n from the proponent for proposed Lot 06-1. Provided the City approves the private me s of access for this lot, it is anticipated that this lot will be deemed suitable (or modifiable) for t e installation of on- site services. This will be determined once a percolation test can be underta en. N.B. Department of Environment and Local Government has been advis d of this application. ANAL YSIS: Background City staff (Real Estate Services) has been directed by Common Council to fa ilitate a land exchange in order to relocate an existing residence at 73 Lake Cove Lane (PI No. 00353821) to a location outside of the watershed but within the general area. Staffhas det rmined such a suitable location being shown as proposed Lot 06-1 on the submitted tentati e subdivision plan (see attachments). This alternative location is approximately 550 metres (1, 04 feet) southwest of the current residence, and outside of the City's watershed boundary and t Province of New Brunswick's setback requirement of 46 metres (150 feet) from watercourses upplying potable drinking water. Subdivision Proposal and Private Access Request As mentioned, the City of Saint John (Real Estate Services) is facilitating a r quest to create a new unserviced residential lot from a large 26-hectare (64-acre) City-owned roperty. This proposed Lot 06-1 would have an area of 8094 square metres (87,126 square feet or 2 acres), a width of approximately 100 metres (328 feet), and a depth of over 76 metres (249 feet). The proposed lot can exceed the requirements of the "RS- J " One and Two Fami Suburban Residential zoning of the area. In addition to requiring approval from N.B. Department of Public Health Se ices for the installation of an on-site septic disposal system, and provision of necessary erhead public City of Saint John 4401 Loch Lomond Road Page 4 September I, 2006 utilities, access to this proposed lot would be via an existing private access ( ropIey Lane), which must be approved by the Planning Advisory Committee. Normally the Subdivision By-law requires all new lots to abut a public street. This gravel roadway is situated within a 20-metre (66-foot) wide parcel of la d owned by Barbara Rowe who is agreeable to this application. The proposed new lot wo ld be approximately 255 metres (837 feet) from Loch Lomond Road. The lando r of the proposed new lot. Peter Collings. is well aware ofthe private status and condition ofth road. and is prepared to undertake necessary improvements and perform ongoing mainten ce to the access, Over the years City planning staff has not been supportive of the creation of s bstandard private accesses. This position has not changed. The City has, however, supported I mited development along existing private roads where deemed advisable by the Planning Adviso Committee. Moreover, as mentioned in the Background section of this report, this particu ar application would relocate an existing dwelling located in a sensitive area of the City's w tershed to a location just outside the watershed. In this particular situation, access to the proposed new lot would be via Cropl y Lane (upper portion), an existing 3-metre (10-foot) wide dirt private roadway situated wit in a 20-metre (66-foot) right-of-way (parcel of land) owned by another individual supportiv of this application. The landowner is prepared to undertake improvements to the ro dway in order to accommodate the transportation of the existing home to the proposed new 10 ation, and has demonstrated an ability to maintain a long private access (i.e., Lake Cove La e). Given the circumstances surrounding this application, approval of the existin private road as the means of access for proposed Lot 06-1 can be recommended. It should be no ed that public utilities will need to be extended and protected by necessary easements over t e adjoining Barbara Rowe Property, Also, final subdivision approval cannot be given un il written confirmation is received from N.R Department of Public Health Services tha the proposed lot is suitable (or can be modified and made suitable) for the installation of on-site ervices. In discussing this matter with the Area Health Inspector, such confirmation is c nsidered very likely to be received once the necessary percolation test is undertaken. Notwithstanding support for this particular application. further residential de elopment in this area will be constrained by the City's watershed, and only supported if a prop r street access is constructed by a developer. Such further development would also require re ning to "RR" One Family Rural Residential that requires the careful consideration of on-site se tic disposal systems and hydrology. For clarification such future development could not occur in he immediate area of the subject site as such lands are all within the watershed. MRO Project No. 06-283 PLANNING AND DEVELOPMENT/URBANISME ET DEV LOPPEMENT ~ "-.. p ~- ,.,/~" /" '. '''''~" '~, ~ ''''~ 1 \"-. ~-- p Subject Site/site en question: - Location: 4401, ch. Loch Lomond Rd. Date: AugustlaoGt 22, 2006 Scale!i3chelle: Not to scale/Pas a I'echelle p ~~ ~...,~. I ~~ p // PID(s)/NIP s): 55023451 portion thereof / partie du) H, i. I', ill '11 [ 1;1 I !'11 I III'ill I It : P I I J tit; J I I I i l . ~ ill I g 'lIi'HIII ~ ! WlfP.II" ; IUJIPl1i11li t iiil! ~ I ill > - ~ ~~ WI .... ! ,\\~ ~\ wi' \\~\\. ,~ ~ I ! ~ i I i ~ : ~ I I 'I ; ~ .jU. ~ ;f I f i=~ ~ u ! : i :ijl I~;I ~~'i~i a~ll ~el~ ,rii~~ ~=~I =~ ~ l~iE;i rl;f 'J~i :i~'ill li~~~i!Ei ,~~.s ~~;Gll-~.~" rb. iH.tiJ~ h~ill-iSi!;!i~ i9~ '1"J'~"~i~'I~' ,/ /~ i 8 .... 9 ~ ;'ll i ~" ... !l lE ~ u < I:! ~ f ; e i :j . ~ lll~ n hJ~ i i~ ~S~r~ Ii i f I.~ -1' i XI~~~ _ :1";211 d 3i~g.1=! ~ I'. ~ a!. a :In 1; i ;i~;i j ~ilii ii i:. ",.1 ~I' t:1 c ... ~ ~~ 81 I ill 9:' .I..... 5 .. !u ., 'lil. il! .. .. ~ Planning Advisory Committee City of Saint John PO Box 1971 Saint John, NB E2L 4Ll t1 & DEV",^ ( RECSIJeD.~1 ~ SEP 1 2rOI ""'3 ~ ~ "~ ,,0 OJ?,~~~' ugust 31, 2006 10. - ~ Re: Proposed City of Saint John Subdivision Lot 06-1 On behalf of the undersigned residents of Johnston Road and Cropley Lane, thi is in response to the letter of August 22, 2006 pertaining to the proposed development on Cr pley Lane as referenced above. The initial notice of this development through a letter issued by the Planning a d Development Office of the City of Saint John (hereafter referred to as Planning and Develop ent) raised several concerns. Generally these concerns were related to: · The limited and ambiguous information contained in the notice letter; . The short time frame between the notice and the Planning Advisory C meeting in which the matter was to be deliberated; and, . Proposed development in an area residents had been informed was pr tected from development (Le, protected watershed land). We urge Planning and Development to including additional details in subseque t notices and allow sufficient time for affected residents to consider the information. A subsequent site visit by Mark O'Hearn of Planning and Development and a vi it from the applicant Mr. Collings addressed our concerns. We appreciate Mr. Collings tak ng the initiative to meet with us and sharing his detailed plans on the proposed development. Naturally we want to preserve the beauty and atmosphere which make the Jo nston Road area a wonderful place to live. The applicant Mr. Collings explained how his d velopment would ensure the unique qualities of our neighbourhood were preserved. The applicant confirmed that: · The house is to be located in the southeast portion of the property; . The septic and drainage systems are to run in an easterly direction aw y from existing residences; . The forested area bordering Cropley Lane at the northwest edge of th remain naturally wooded; and, . The Loch Lomond Road entrance to Cropley Lane will be used to acces the property and not the Johnston Road entrance to Cropley Lane. Access to the roperty was a major concern, as Johnston Road, and especially the portion of Crople Lane used to access Johnston Road, is not designed to support additional traffic, T is portion of Cropley Lane ;s less than ten (10) feet in width and within five (5) fee of an existing house. Accessing Cropley Lane from Loch Lamond Road alleviates th se concerns. While we would not favor further development on Cropley Lane, given the conditions outlined above, and the unfortunate circumstances surrounding Mr. C IIings need to relocate to Cropley Lane, we wish to declare our support for this deve opment. 1 SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 8ureau des Commissaires du Service de Police de Saint John c.P. 1971 Saint John Nouveau-Brunswick Canada En 4L1 RA YMOND T. F.RENCH, Q.C. ChairlPresident ANDREW BRITTON Vice Chair/Vice President WES COSMAN Secretary/Secritaire IVAN COURT Commissionerl Commlssaire DA VID EMERSON C ommlssioner/Commissaire CHARLENE HA YES Commissioner/ Commissa ire NORMAN McFARLANE CommlsslonerlComm issaire SARAH WILSON Executive Secretary/ Secretaire Administrative Telephone/Teiiphone: (506) 674-4142 FaxlTeMcopleur: (506) 648-3304 E-mai//Courriel: sarah. wilson@Salntjonn.ca ~ SAINT JOHN Explore our past! Explorez notre passe Discaver your future/ Decouvrez votre aveniI' BY HAND September 7, 2006 Mr. Patrick Woods Common Clerk 8th Floor, City Hall Saint Jo~ N. B. Dear Mr. Woods: It is my pleasure, as Chair of the Saint John Board of Police Commissioners, to provide you with a copy of the Saint John Police Force Annual Report. On behalf of the Commission, 1 wish to express gratitude to Common Council for its support of the Commission in furthering the goals of the Saint John Police Force, knowing that a safe city is our common goal. Respectfully submitted, ,~~ cli Enclosure ------- 0 Policing our community: Securing a climate for True Growth Saint John Police Force .2005 Annual Report b'~9~ t:: ...... c (b :;, rti""~'3 Q, "" 3 <:r ~Q~~ ~36'Q, ~C1"'<:g. n~ 3", gQg~ ,,~~.~~. 9~~o 2.~ 9-5 f'.:l ....,... 'O:r 14g~~ ::t ..,...:~ Q.. ~ ~.., a. J~c.Z~ "'00 ~Q3:::r ~:g '" '" ~o::lll :t ~'~~ ~~ ~~. """':::J :::::..!!! g~g g' ........ ..,'" ... ~ ~ ~ .... ~ i "" !2. ~. o ~ ~' <>'- c l""o ~ 0;' " ~ '" 3 C' ~ .., <>'- r"'I~ :;''8; ~ go~~~ ?: g- 8 2" cg ~g..3 ?t~ 2'iii~oo. C"~::J""2. ~Q~'g.~ ...., "," rn..... a. 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N ~ r-+ ,..... o :::l ~ --- C/) r-+ 2 (") r-+ C """l r\:l Financial: 2005 Budget In 2005 the Saint John Police Force Operating Budget was approved at $16,969,816_ The Force completed the year within budget, recording a surplus of $22,210. Approximately 82% of the Force Budget is allocated to salaries and benefits; almost 70% of the total is dedicated to the operational divisions (Patrol and Criminal Investigation.) The Force budgets for a 'normal' level of policing (events like homicides, increased organized crime and drug activity, and serious crime all tend to generate a significant amount of unscheduled and un budgeted overtime) ...we do not budget for exceptional crime events, The Force Budget is constantly managed with an emphasis on 'value for money'; is the community getting good public safety value for resources committed? While there may not be a surplus every year, 2005 budget performance illustrates our emphasis on sound fiscal management. To be clear, the surplus on the 2005 Operating Budget was very, very small...but in a public service where expectations and demands typically exceed resources, that is as it should be, Non-Discretionary Costs: 13% Discretionary Costs: 5% How the Budget Was Spent Su pport Services Administration Stations &: Buildings Automotive &: Equipment Police Commission o 2 345 678 ($ 1,000,000) 9 Audited Consolidated Statement Saint John Police Force Consolidated Statement of Operations Audited for the period ended December 31, 2005 2005 . Year End Budget Actual Variance Salaries &: Wages 11,023,656 10,819,364 204,292 Overtime 258,837 435,789 (176,952) Other Personnel Costs 131,800 248,199 (116,399) Fringe Benefits 2,384,415 2,368,171 16,244 Total Wages &; Fringe Benefits 13,798,708 13,87',523 (72,815) General Services 612,500 578,765 33,735 Insurance 112,300 137,247 (24,947) Professional Services 240,148 252,000 (11,852) Other Purchased Services 108,500 102,997 (5,503) Repairs & Maintenance 47,000 30,738 16,262 Rentals 464,300 458,951 5,349 Purchased Goods 477,960 422,564 55,396 Government Services (Provincial & Federal) 13,000 14,309 (1,309) Internal Charges 645,200 675,868 (30,668) Other Expenses 5,149 (5,149) Asset Purchases 450,200 397,496 52,704 Total Goods &; Services 3,171,108 3,076,083 95,025 $ 16,969,816 $ 16,947,606 $ 22,210 0.13% Training Profile The Saint John Police Force Core Values include constant improvement and investing in our people. The combination makes a powerful case for a comprehensive program of training and learning opportunities. The top three human resource management issues identified in a 2005 Police Sector Council survey were: recruiting the right people; keeping employees trained and up to date; and getting I keeping employees motivated and productive. Training is not only a means of achieving the broad- based high level knowledge and skills required for modern policing ...it is also a key element of any effective strategy to recruit, engage, and motivate the very best employees. Training initiatives help satisfy organizational goals, enhance career development, and develop capacity with the Force. The Force has made significant advances in delivery of training and learning opportunities, and is considered a leader in many aspects of police training. The overall Training Budget represents 1.6% of the total 2005 Operating Budget. This level of funding is slightly above the average in the policing industry; the long- term goal is to achieve a 4% annual allocation for training. In 2005 the Force again conducted a Training Needs Assessment, The purpose of the survey and assessment was to assist the Force in developing and delivering a three year Training Plan (2006-2008) which will identify the strengths and deficiencies of the existing program, identify training gaps betlNeen prese nt offerings and future competency requirements, and provide guidance in the effective delivery of the updated and improved training program. The initial primary focus of the Training Plan will be officer safety: firearms, use of force, defensive tactics and other related initiatives. This 'return to basics' is intended to refresh and reinforce the primary skills of already capable officers, and to ensure a strong base for the more advanced training which continues throughout the Plan period. The Force Training Program delivery model is largely based on three elements: · Core courses (as identified in the New Brunswick Policing Standards) and advanced training delivered in-house ."by engaging outside experts and experts internal to the Force; . Core courses and advanced training delivered through the Canadian Police College (CPC), the Atlantic Police Academy or Henson College; and · Advanced and specialized training and career development education accessed through the Employee Initiated Training Program. Given the growing complexity of policing - and the diversity of experience, skills and years of service of our members - it is increasingly essential that the Force Training Program each year offers access to a variety of core, advanced and specialized training and education opportunities that engage and inform our officers. In 2005 the Advanced Interviewing and Interrogation course was one example of a particularly successful and well. received offering; approximately 75% of our officers participated. Opportunities like this make the Saint John Police Force an Employer of Choice, and make our members some of the most capable and respected officers in Canada. ?orce Profile - The Experience Bubble 'he Saint lohn Police Force employs 160 sworn lfficers (142 male, 20 female) and twenty-six :ivilian staff, for a total staff complement of 186. Two of these officers were on secondment at year- ~nd 2005. On average, municipal forces serving ::anadian cities have more than twice as many civilian members as the Saint John Police Force. Like many police services in Canada, the Saint lohn Police Force mirrored the national demographic by hiring more members following the 'baby boom' of 1947-1966. Now, more than one-in-four members will retire within the next five years. As a result, we face a significant loss of policing experience and corporate wisdom. This will test our succession planning and recruitment practices, and may rapidly adiust the face ot policing in Saint John, At the same time, this is an opportunity to attract new members., . recruits that typically bring advanced levels of education, computer literacy skills, and other workplace experience to the job. An emphasis on personal and corporate values, and continuous improvement, will help ensure quality police services. 1-5 28 19.7 5 3.5 33 6.10 18 12.7 7 4.9 25 11-15 19 13.4 4 2.8 23 16-20 23 16.2 0 0.0 23 11-25 15 10.6 0 0,0 15 26-30 28 19.7 2 1.4 30 30+ 11 7.7 2 1.4 13 t I I 85% 'Two office.. are on paid secondments With NWEST and IPOC. J005 Violations &. Incidents here are a number of ways to measure policing ctivity. Statistics Canada uses the Uniform Crime ~eporting (UCR) Survey. Grouped principally by Violent Crimes' (crimes against people) and 'Property :rimes' (crimes against property), the UCR survey 5 frequently used as a basis for national comparison. \t a local level, 'Calls for Service' (911 calls) are a nore complete measure of public requests for Jssistance, but tend to capture a lot of activity that may not be strictly crime related. Police services also record activity in 'Incident Reports'; these are police reports generated by policing activity, and the reports may contribute to court or other iudicial processes. This 2004-2005 table is based on Saint John Police Force Incident Reports. The Force generated 12,409 Incident Reports in 2005; a six percent reduction since 2004, and a continuation of the general downward trend in crime rates for the past number of years. The significant reduction in Break and Enter crimes in the past two years is attributed in part to an educational program by the Police Force, targeted to vulnerable neighbourhoods. Assaults increased siqnificantly in 2005. While there is no connection ,. .. _ ~~ 4---. """'.... .-lll('"t-cr,p~ Force continues to monitor tor assault patterns which lend themselves to problem solving and intervention, Assault 726 867 Robbery 92 63 Sexual Assault 113 93 Homicides 0 1 Family Violence 324 339 Abductions 3 5 Threats 355 412 Theft 2,105 1,993 Break &: Enter 685 549 Vehicle Theft 219 176 Fraud/Counterfeit Money 555 498 Damage to Property 1,350 1,196 ~ . ~ . . ..... ,. ..; ~ , ' .. Ii.. -',-""","",,'" ; - ~ .... I , Public Complaints rhe Saint lohn Police Force provides a Public ;tandards office to receive formal and informal Jublic complaints. Formal complaints are always made in writing and, if verified, can lead to disciplinary action. Informal complaints can be in writing, or submitted verbally. Verified informal complaints are typically resolved by clarifying procedures with the comolainant. or makinq necessary procedural adjustmentS where . changes are appropriate. Received Unfounded Counseling Recommended Disciplinary Action Recommended Policy/Procedural Adjustments Recommended Withdrawn 19 11 2 1 1 5 12 9 1 o 1 o The number of formal complaints received in 2005 decreased by one third from the previous year; the number of informal complaints almost doubled. Verified complaints - formal or informal- are very rare ... approximately one for every thousand calls for service. The two most frequently received complaints occur when citizens believe officers have been rude or disrespectful, or when citizens believe officers used unnecessary force when making arrests or detaining citizens, Informal Complaints Received Unfounded Counseling Recommended Policy/Procedural Adjustments Recommended Withdrawn 16 12 o 1 3 Total Fonnal &: Informal Complaints Processed 35 43 31 29 o 5 o ~auitment Process - Attracting the Best -he Saint John Police Force is positioning itself to be an Employer of Choice in the policing community. -his returns dividends in terms of the quality of recruit we attract, and - given that hiring, training end retaining an officer for a career that spans over thirty years is a $3 million investment - that Jane justifies being an Employer of Choice. But we also know (from police sector research) that here will be a relatively tight supply of qualified police candidates in the next five years, We are ommitted to selecting the best. Being an Employer of Choice is also a tactical measure to best :apitalize on a limited resource. -he Force uses a comprehensive eleven step recruitment process, This typically requires twelve veeks from launch-to-conclusion; and is prefaced by 'marketing' sessions at the Atlantic Police \cademy and On-the-job-Training (OIT) opportunities for selected cadets. The eleven step ecruitment process consists of . Identification of Vacancies: we advertise our intention to hire a number of recruits . Application for Employment: candidates make written application . Predictive Index Survey: analysis of candidate personality traits and tendencies . Security Clearance: includes criminal record, motor vehicle violation & credit check . Medical Test: measures medical fitness for duty as a police officer · PARE Test: the Physical Ability Requirement Evaluation . Background and Reference Check: subject to successful completion of earlier steps . Oral Interview: Selection Board interview assessing behavioral competencies . Pre-Employment Interview; integrity testing - honesty, trust, respect, tolerance . Recommendation to Chief: a letter of recommendation from the Selection Board . letter of Employment Offer \s an Employer of Choice, the Saint John Police Force has a record of selecting the best. Ll Defining the Force Mission Statement The Mission Statement ;s a 'thumbnail' account of what the Saint John Police Force is all about. Police and the Community Working Together for a Safer Saint John "Together We Can" Our 2002 Vision Statement The Vision Statement identifies a desirable 'future state' for the Sa;nt John Police Force. This is how we wanted to be known by the year 2002. The Vision Statement is set by the Board of Police Commissioners, on behalf of the community. The Strategic Plan, and the annual work programs and budgets, are the Force's response to the Vision Statement. The Saint John Police Force will be recognized as providing exemplary leadership and service reflective of the public safety needs of the community to enhance the quality of life. Core Businesses Core Businesses are the main activity groups that comprise the services of the Saint John Police Force. . Crime Prevention . Emergency Response . Law Enforcement . Victim Services . Public Order How are we doing? The Saint John Police Force is committed to Constant Improvement; it is one of the five Core Values of the Force. Let us know if this Annual Report meets your needs. How can we improve it? Write the Chief of Police: ~. Chief Allen Bodechon .~ P.O. Box 1971 Saint John Police Force , Saint John, N.S. ~ E2L 411 Core Values Core Values are expressions of acceptable behaviour and quality of care for our community and our colleagues. Above all, these are the beliefs and ideals that are important to us. They describe ways of acting, towards each other and towards the community, that are commonly accepted as moral and ethical. Leadership We value leadership from all our employees. Within their respective levels of responsibility and accountability, employees are the source of all progress and change within our organization. Constant Improvement In our constant efforts to create better value in policing services, we are committed to a work environment with the flexibility for creative and innovative solutions, and a qualified tolerance for risk-taking. Openness and Partnerships We arE' committed to an organization with open channels of communication, where teamwork leads to shared problem solving and decision-making. We will seek partnerships within our community and within government to enhance our success in problem solving. Trust and Respect We value a trusting relationship with the community we serve. The basis for this trust is our respect for the value of human life, respect for diversity and equality, respect for human rights and freedoms, and respect tor the 'Rule of Law'. We have a primary responsibility to victims of crime, and will above all treat them with respect and sensitivity. Investing in Our People We have a commitment to maintaining a healthy workplace; responsive to the needs, welfare and aspirations of our employees; and a continuous learning organization. The benefit is a capable and professional workforce, proud of its accomplishments and committed to honesty and integrity in its practices. n_ ~ Les services policiers au sein de notre collectivite : Les fondements d'un climat prop ice a une croissance reelle ... y Ii. . ~ Service de police de Saint John Rapport annuel 2005 fi;E--..... Olllg.~ 1:: 'ioO\ :3 I'b '~;;;-" 3 "<: ;>::> tr 8 no ~ :3 0"<: '" :33g~ Er~a~o 0' :::;'o:;rt: ,~ Q ~ Cl.. nS.r"1 ~ ::r CI.. ,::r " I;l "'"l:l 0 ~:3ril3 ii1 ~ !::!:~ '.... ...., Q.. 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" .. S (l .... a I<> ill 3 ~~ ,a.... 'lig. -n ~ ~ c " " _8 ;;: ~ ~"'i ~ ~ " '" ~ a~'~ n~ gl ::!. S: 3' '" !f3' ~~ ~g -".. I:: .,<: ...~ "'31 ~.~~ a;;!: "''''' .o~ oao. <f.j3 l':.. 'Ole ICe ~i ii ~t lll<>. ~.. '"-::OJ ~~ ~.. ~il' ~~ IC <: . 2 j; ii." ..' .. ~ ~ (l .. ~. ,<'" .. 3 ... if ;;l. "C il' !j'", if!i !i g ~g ....-g ~ 5!:M n' f ..i ll: 2r ~'8 " ~,,~ ag.S; '"6 ~ if ...,-> ~ g. C -0:;:1::1 0-0 ::1.";" 3 '" _. 0.. ::> ro c ~-g,,~ ~~.< N:!!!.;=;" O~II> 00..0. i./ltl><I> -a-a ;:a~ 2- ::; ;:;;" ::l I'll ...0.. ~ I'P _ V> ro '" a" ~ ro C/"J cr. Q.) 'JO rt c.. C r") :T (i) ~ 0- (i) "'0 o - -. ~ c.n ~ :a _. n ~ 0.- ~ ~ o - -. ~ ('i) ~ ro c.n ~ ....... . ~ r-+ -- o :::r' ~ (f) r-+ 2 ~ r-+ C I--i nJ o ad ~ =:::l ....... . c.n c,:l r-+ _. o =:::l ::J ro - - r\l N o o U1 , Etat financier: Budget de 2005 En 2005, Ie budget d'exploitation du service de police de Saint John a He approuve au montant de 16969816 $. le service de police a termini! I'annee en respectant Ie budget pn!vu, affichant meme un surplus de 11210 $. Environ 82 % du budget du service de police est affecte aux salaires et aux avantages; pres de 70 % du total est reserve aux divisions operationnelles (patrouille routiere et enquHe criminelle). le service de police etablit son budget selon un niveau " normal>> de controle policier (des evenements tels que les homicides influencent a la hausse Ie crime organise et les activites reliees a la drogue ainsi que Ie c:rime grave et se seldent en general par une sOmme acc:rue du travail, des heures supplementaires imprevues et des depenses non inscrites au budget), en d'autres termes, nous n'inscrivons pas au budget des evenements criminels exceptionnels. Le budget du service de police est continuellement gere avec un centre d'interet axe sur 1'" optimisation des ressources >>. La c:ollec:tivite ret;oit-elle un bon service de sec:urite pour les ressources engagees? Bien que chaque annee ne donne pas lieu a un surplus, Ie rendement budgetaire de 2005 reflete bien nos efforts de saine gestion des finam;es publiques. Pour etn~ clair, Ie surplus du budget d'exploitation de 2005 etait tres, tres minime, mais au sein des services publics ou les attentes et les demandes depassent souvent les ressources, on ne pourrait demander mieux. Couts non disCI'l!tionnaires : 13% Couts discretionnaires ; 5% Comment Ie budget a ete depeme Services de soutien Administration Postes et b.!ltiments Automobiles et materiel Commission de police o 2 345 6 7 8 Millions de dollars 9 Expose recapitulatif verifie Expose recapitulatif des operations du service de police de Saint John verifle pour la perlode flnlssant Ie 31 decembre 2004 2004 - Fin de !'exercice Budget Reel Ecart Salaires et traitements 11 023656 10819364 204 292 Heures supplementaires 258837 435 789 (176952) Autres frais touchant Ie personnel 131 800 248199 (116399) Avantages sociaux 2382415 2 368 171 16 244 Total des salaires et des avantages sodaux 13 798 708 13871 523 (72 815) Services gemkaux 61 2 500 578 765 33 735 Assurances 11 2 300 137247 (24947) Services professionnels 240 148 i 252000 (11 852) Autres services acquis 1 08 500 i 102997 (5 503) Reparations et entretien 47 000 30 738 1 6 262 Loye rs 464 300 458951 5349 Biens achetes 477 960 422 564 55 396 Services gouvernementaux (provinciaux et federaul<.) 13 000 14309 (1 309) Impositions interieures 645 200 675 868 (30 668) Autres depenses 5149 (5 149) Achats de biens 450 200 ! 397 496 52 704 Total des biens et services 3171108 31 076 083 95 025 16969816 S 169147606 S 22 210 S 0,13% Profil de la formation Les valeurs fondamentilles du service de police de Saint john comprennent I'amelioration continue et I'investissement dans nos ressources humaines. eet amalgame ju stifie largement la mise en place d'un programme complet de formiltion et de possibilites d'apprentissilge. Les trois principales questions relatives a la gestion des ressources humaines relevees dans I'enquete du Conseil sectoriel de la police s'articulaient autour du perfectionnement continu des employes; de la motivation des employes (Ies motiver et prendre les mesures neceS5aires pour qu'ils continuent a etre motives) et la productivite des employes. La formation n'est pas seulement un moyen d'atteindre les connaissances et les competences generales de haut niveau pour les techniques modemes de police... elle est egalement un element de de toute strategie de recrutement et incite et motive la creme des employes. Des programmes de formation aident a satisfaire les objectifs organisationnels, stimulent Ie developpement de carriere et developpent des capacitl~s au sein du service de police. Le service de police a fait des progres importants dans la prestation des possibilites de formation et d'apprentissage et est considere comme un chef de file dans un grand nombre d'aspects relatifs a la formation policiere. Le budget global de formation represente 1,6 % du budget d'exploitation de 2005. Ce niveau de financement depasse quelque peu,la moyenne de I'industrie de la securite policiere. A long terme, Ie service de police sounaite que 4 % des fonds du budget soient alloues a la formation, Le service de police a effectue une autre evaluation des besoins de formation en 2005. L'objectif de I'enquete et de revaluation etait d'aider les membres du service de police a elaborer et a realiser un plan de formation triennal (2006 a 2008) qui releve les forces et les faiblesses du programme existant, qui etablit les lacunes en matiere de formation entre les offres actuelles et !es exigences futures rei atives aux competences et qui donne des conseils sur la prestation efficace du programme de formation actualise et ameliore. Le principal objectif initial du plan de formation s' artlcule autour de la securite des policiers, c' est-a-dire, les armes a feu, I'utilisation de la force, les tactiques defensives et autres initiatives con nexes. Ce << retour a I'essentiel ,. vise a rafraichir et renforcer Ie. competence. de base des policiers deja competents et qualifies et d'assurer une base solide pour la formation plus, avancee qui se poursuit tout au long de la duree du plan. Le modele de prestati<ln du programme de formation du service de pqlice est en grande partie fonde sur trois elements: ! . Cours obligatoires (tel ~. e I'exigent les Normes de police du NouveauB unswick) et formation specialisee offerte sur pi ce - en embauchant des spedalistes de I'exterie r et en faisant appel aux services des specialisteslintemes du service de police; ! . Cours obligatoires et for~.. ation specialisee offerts par I'entremise du Coli ge canadien de police (CCP), de l'Academie d police de I'atlantique ou du college Henson; t . Formation specialisee ~superjeure et perfectionnement prof ssionnel offerts par I'entremise du progra me de formation mis en ceuvre par les employe;. Etant donne la comPlexl~" croissante du maintien de I'ordre - et la diversit' de I'experience, des competences et des ann s de service de nos membres - II est de PIUSj:n plus essentiel que Ie programme de formation du service de police offre chaque annee un acces ' une gamme variee de possibilites en matiere de formation et d'education obligatoires, specialisees t superieures qui font appel a la participation d s poliders et qui les tient au courant. En 2005, Ie curs superieur d'entrevue et d'interrogation consti ualt un exemple d'offre particulierement reussie populaire; environ 75 % de nos policiers y ant pri part. Des occasions comme celles-ci font en orte que Ie service de police de Saint John se d'marque com me un employeur de choix et a surent que nos membres figurent parmi les polici rs les plus competents et respectes au Canildil. r- Yo <".:'*"-~ profil du service de police - La force de rexpe~ience le service de police de Saint lohn emploie 1 60 agents de police assermentes (142 hommes, 20 femmes) et 26 membres du personnel civil, soit un effectif total de 1 B6. DeuX de ces agents ant ete detaches 11 la fin de I'exercice 2005. En moyenne, les forces municipales qui desservent les vil1es canadiennes disposent de plus du double de membres civils que Ie service de police de Saint john. Comme un grand nombre de services de police au Canada, Ie service de police de Saint John se rapproche etroitement du portrait demographique national en embauchant un plus grand nombre de membres 11 la suite du baby-boom de 1947-1966, Maintenant, plus d'un policier sur quatre prendra sa retraite au cours des dnq prochaines annees. Par consequent, nouS devons composer avec un manque important d'experience policiere et de sagesse institutionnelle, Ce manque mettra au defit notre planification de la releve et nos pratiques de recrutement et peut rapidement changer I'image du maintien de I'ordre 11 Saint John. parallelement, 11 s'agit d'une occasion pour attirer de nouveaux membres; de~ aspirants poliders qui apportent avec eux des ni'l'eaux d'instruction plus ele\lee, une forte cult/Jre informatique et de I'experience de travail !:Ians d'autres milieux. Un centre d'interet sur les valeu~ personnelles et corporatives, de meme que sur l' a1elioratlon continue, garantira des services de poiife de qualit€!. Infractions et incidents en 2005 et installations de services sociaux et ele services juridiques, Le service de police contin e 11 surveiller les tendances des voies de fait qui donn t lieu 11 la resolution de problemes et 11 I'interve tion policiere- 1\ existe un certain nombre de moyens pour me5urer l'activite de maintien de l'ordre, Statistique Canada utilise Iii Declaration uniforme de 101 criminalite (DUe). Regroupee principalement sou5 << crimes violents >> (crimes contre les personnes) et SQus << delits contre les biens" (crimes contre les biens), la DUC sert sauvent de base a une comparaison oationale. Au niveau local, les << appels de service>> (p. ex., les appels 911) sont une mesure plus complete des demandes d'aide du public, mais teodent 11 en gager enormement d' activites qui peuvent ne pas ~tre strictement liees au crime. les services policiers enregistrent egalement I' activite dans des<< Rapports d'incident >>; il s'agit de rapports de police produits par l'activite de maintien de I'ordre, et les rapports peuveot contribuer auX actions en justice ou 11 d'autres processus judkiaires. Ce tableau de 2004- 2005 est fond€! sur les rapports d'incident du service de police de Saint John. le service de police a produit 1 2 409 rapports d'incident en 2005, soit une diminution de 6 % par rapport a 2004, poursuivant la tendance generale a 130 baisse des tauX de criminalite observee ces demieres annees. La reduction importante des introductions par effraction au cours des deux dernieres annees est attribuable en partie 11 un programme de sensibilisation presente par Ie service de pollee, ciblant les quartiers vulnerables. LeS voies de fait ont augmente de fat;on considerable en 2005. Bien qu'il n'existe auCUn rapport entre les trois, les voies de fait semblent ~tre incluses danS trois . principales categories: etatJli.ssement.s licencies, ~co~ Agressions Vols Agressions sexuelles Homicides Actes de violence familiaie Enlevements Menaces Vols Introductions par effraction Vols de vehicules Fraudes t monnaie contrefaite Dommages 11 la propriete ! Plaintes du public ~ Le service de police de Saint John passede un bureau confirmees, elles peuvent e~ralner des mesures des normes a I'intention du public pour recevoir les disdplinaires. les plai nte. 0 ideuse. peuven! ~tre plaintes officielles et offideuse. du public. les pla;ntes faites par ecrit ou soumises rbalement. Les plaintes officielles sont toujours faites par ecrit et, .i elles sont offldeuses cOrlfirmees son~eneralement resolues par une procedure explicati e avec Ie plaignant, ou par Ie rajuste ents de procedure 2004 2005 nece.>;aires, lor que de. changements s'imposent. Le nombre del' laintes du public re~ueS en 2004 a chu e d u tiers par rapport a I'annee prked nte, alms que Ie nombre de plaintes offi ieuses a presque double, Lesconfirmees officielles ou officieuses _ sont tres rar ,pres d'une par mille appels de se..... e. les deux plai ntes les plus frequem ent re~ues sont portees lorsque des d1yens croient que des agents de poli e ont eu un comportemen rude au irrespectueux, ou lorsq ue de citoyens croient que des agents de pol; e ant utilise une force excessive lors j:le I' arrestation ou de la detention de ~itoyens Re~ues Non fondees Counseling recommande Mesures disdplinaires recommandees Rajustements de politique I procedu~ recommandes Retirees '9 11 Z , 1 5 U 9 , o 1 o Re~ues Non fondees Counseling recommande Rajustemenll de politique I procedu~ recommandes Retirees 16 12 o 1 3 31 Z9 o 5 o Total des plaintes officielles et offideuses traitees 35 43 Processus de rroutement - Attirer les meill~es reaues le service de police de Saint John est en train de devenir un employeur de choix da{' les milieux de la police. Cette image a des repercussions positives sur la qualite des recrues que nous attiro set, etant donne que I'embauche, la formation et Ie recyclage d'un policier pour une carriere qui s'etend 5 r trente ans representent un investissement de trois millions de dollars, ces frais justifient I'importance d'Hre un employeur de choix. Nous savons egalement (en raison de recherches entreprises par Ie secteur policier qu'il faudra de plus en plus composer avec Ie manque de.poliders qualifies au cours des cinq prochaines nnees. Nous nous engageons a choisir les meilleurs. Etre un employeur de choix s'avere egalement u e tactique pour mieux tirer profit d' une res source llmitee- ' Le service utilise un processus de recrutement complet en onze Mapes. Ce processus idemande habituellement douze semaines de son lancement ;, sa conclusion. II est precede de seances de << ~ommercialisation " II l'Academie de police de \'atlantique et de possibilites de formation en cours d'em*loi (KE) pour les cadets selectionnes. Le processus de recrutement en onze fitapes consiste en ce qui suit: i . Identification des postes vacants : nous faisons co nnaitre notre intention d' errbaucher quelques nouvelles recrues . . Demande d'emploi : les candldats presentent une demande d'emploi par ec~it . Enquete sur !'indice de prediction : analyse des traits de personnalite du can~idat et des tendances . Cote de securite : comprend la verification de easier judiciaire, d'infraction c~mmise avec un vehicule automobile et du credit. . Examen medical: evaluation de I'etat de sante pour les taches que remplit un politier . TAPE: Test d'aptitudes physiques essentieUes ' . Verification des antecedents et des references: Ie candidat doit avoir reussi I~s eta pes p"ecedentes . . E.ntrevue en personne : entrevue menee par Ie comite de selection qui evalu~ Ie. competences comportementales . Entrevue de selection: test d'lntegrite - honnetete, confiance, respect, toler~nce . Recommandation au chef de police: une lettre de recommandation envoyl!je par Ie comite de selection . Lettre d'offre d'emploi ' En tant qu'employeur de choix, Ie service de police de Saint ,ohn est reconnu co~me un organisme qui recrute les . urs candidats. Definition du service Enonce de mission L'enonce de mission est un compte rendu << vignette" de tout ce a quoi Ie service de police de Saint John se resume, La police et la communaute travaillant ensemble pour une vUle de Saint John plus sure << Ensemble, no us pouvons >> Notre enonce de vision pour 2002 L'enonce de vision identifie un << etat futur >> souhaitable pour Ie service de police de Saint John. ('est ainsi que nous voulions etre conn us en 2002. L'enonce de vision est etabli par Ie Bureau des commissaires de ta police de Saint John, au nom de la communaute. le plan strategique et les programmes et budgets annuels de travail sont la reponse du service a I'enonce de vision Le service de police de Saint John sera reconnu pour assurer un leadership et un service exemplaires, qui sant Ie reffet des besoins de la communaute en matiere de securite publique pour ameliorer la qualM de vie. Activites essentielles les activites essentielJes sont les principaux groupes d'activitt~s qui comprennent les services du service de police de Saint John. · Prevention du cri me · Intervention d'urgence · Application de la loi · Services d'aide aux victimes · Ordre public (omment nous y prenonswnous? le service de police de Saint John est engage dans I'amelioration eonstante; il s'agit de I'une des cinq valeurs fondamentales du service. Dites-nous si Ie present rapport annuel repond it vos besoin~. Comment pouvons-nous I'ameliorer? Ecrivez au chef de police: .* Chef de police Allen Bodechon Case postale 1971 Service de police de Saint John . Saint John (N.-B.) ~ E.2l4l1 Valeurs fondamentales Les valeurs fondamentales so t I'expression d'un comportement accepta Ie et d'une qualite d'attentian pour notre communaute et nos collegues_ Par-dessus t ut, ce sont les convictions et les ideaux qui i portent Ie plus pournous, lis decrivent les moyens d'agir les uns envers les autres et en f'rs la communaute, qui sont couram ent acceptes comme etant moraux et ethi ues. Leadersh~ Nous apprecions Ie leadership de tous nos employes. Au sein de leurs niv aux respectifs de responsabilite, les employes sont la source meme des progres et des cha gements au sein de notre organisation. Amelioration con stante Dans nos efforts soutenus pou creer une meilleure valeur dans les servic s de maintien de I'ordre, nous sommes enga es dans un milieu de travail qui assure la uplesse necessaire pour trouver des soluions creattices et innovatrices, et la tolerance necessaire a la prise de risques, I Ouverture et partenariats I Nous sommes engages envers une organisation ayant des voies 0 vertes de communication, ou Ie travail d equipe mene a des resolutions de problemes t a des prises de decisions partagees. Nous r chercherons des partenatiats au sein de notre communaute et au sein du gouvemement afi d'ameliorer notre reussite dans la resol utio des problemes. Confiance et respect Nous apprecions une relation e eonfiance avec la communaute que no us servons. La base de cette confiance est no e respect de la valeur de la vie humaine, Ie espect de la diversite et l'egalite, Ie respect es droits et libertes de la personne, et Ie re peet de la << primaute du droit >>. Nous avo s une responsabilite primordiale enve s les victimes de crimes, et les traitons avant out avec respect et sensibilite. Investir dans notre person el Nous avons I'engagement de aintenir un milieu de travail sain, attentifax besoins, au mieux-etre et aux attentes e nos employes, et une organisation d' pprentissage continuo l'avantage est un effe tif capable et professionnel, fier de ses realisations et voue Ii I'honnetete et a I'integr te dans ses pratiques.