Loading...
2010-09-13_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, September 13, 2010 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom 1.0 Approval of Minutes 10.2(4) 1.1 Disclosure of Interest 10.2(4)(b) 1.2 Land Matter 10.2(4)(d) 1.3 Litigation 10.2(4)(f,g) 1.4 Employment Matter 10.2(4)0) 1.5(a,b) Employment Matter 10.2(4)(b,j) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. Council Chamber 2. Approval of Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Teed Letter: Unkept Properties (Recommendation: Receive for Information) 5.2 Teed Letter: Crosswalks (Recommendation: Receive for Information) 5.3 Stop Up and Close Portion of Saint James St (Recommendation: Receive for Information) 5.4 Tender for Supply of Trees for 2010 Fall Planting Season (Recommendation in Report) 5.5 Tender for Sign Installation (Recommendation in Report) 5.6 Tender for Dredging Services Lancaster Lagoon (Recommendation in Report) 5.7 Tender for Scott Air Pack Upgrade - SJFD (Recommendation in Report) 5.8 Forbes Drive Area Development (Recommendation: Receive for Information) 5.9 Arlington Crescent Area Development (Recommendation: Receive for Information) 5.10 Lease of Space Stall No. 5 The City Market (Recommendation in Report) 5.11 Stop Up and Close Portion of Fort Dufferin Rd (Recommendation in Report) 5.12 Engineering and Construction Management Services - Cottage Hill and Rockwood Park Water Storage Reservoirs (Recommendation in Report) 5.13 Rothesay Ave and Simpson Dr Wastewater Pumping Stations - Mechanical and Electrical Systems Upgrades (Recommendation in Report) 5.14 Lease Renewal 223 Rodney Terminal Sewer Outfall (Recommendation in Report) 5.15 Proposed Public Hearing Date 180 -182 Millidge Ave & 582 -584 Green Head Rd (Recommendation in Report) 5.16 Engineering Inspection Services Peel Plaza (Recommendation in Report) 5.17 Engagement of Engineering Consultant (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 6:15 p.m. 8.1 Enterprise Saint John: Draft Strategic Framework 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning ByLaw Amendment 182 Golden Grove Rd 9.1(b) Planning Advisory Committee Report Recommending Rezoning 9.2(a) Proposed Zoning ByLaw Amendment 61 Bayside Dr 9.2(b) Planning Advisory Committee Report Recommending Rezoning 10. Consideration of By -laws 10.1(a) Third Reading Zoning ByLaw Amendment 11 King William Rd 10.1(b) Section 39 Conditions 10.2 Third Reading Zoning ByLaw Text Amendment 10.3(a) City Manager: Proposed Rezoning 237 Union St 10.3(b) Victor Train Letter - Response to Section 39 Conditions 10.3(c) Third Reading Zoning ByLaw Amendment 10.4(a) Third Reading Zoning ByLaw Amendment 489 Sea Street 10.4(b) Section 39 Conditions 11. Submissions by Council Members 11.0 Facilitating Development in the Urban Core (Deputy Mayor Chase) 11.1 Creating More Density in the City's Urban Core (Councillor Snook) 11.2 Green Spaces in More Places Subcommittee (Councillor Snook) 11.3 UNBSJ (Councillor Titus) 11.4 Martinon Community Centre Green Space (Councillor McGuire) 11.5 Update on High Density Residential Development (Councillor Higgins) 11.6 Update on Development in Fieldstone Estates (Councillor Higgins) 11.7 Rockwood Park Advisory Board (Councillor Higgins) 11.8 Thornborough Street Development (Councillor Higgins) 11.9 Canada Games Foundation Presentation (Councillor Sullivan) 11.10 Update on High Density Residential Building on Teck Drive (Councillor Higgins) 12. Business Matters - Municipal Officers 12.1 City Manager: Funding Request Saint John Theatre Company 12.2 City Manager: Exhibition Association Recreation Facility 13. Committee Reports 13.1(a) Saint John 225 Committee Recommending Purchase of Public Art 13.1(b) Saint John 225 Report to Council 13.1(c) Powning Designs Ltd: Shards of Time 13.1(d) Public Art Agreement 13.1(e) Proposed Resolution 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Cherry Brook Zoo Budget Submission 15.1(b) Presentation to Rothesay Council 16. Adjournment The City of Saint John Seance du conseil communal Le lundi 13 septembre 2010 Comit6 pl6nier 1. Ouverture de la seance 17 h — Salle de conference du 8e etage 1.0 Approbation du proc6s- verbal — paragraphe 10.2(4) 1.1 Divulgations de conflits d'int6rets — alin&a 10.2(4)b) 1.2 Question relative aux biens -fonds — alin6a 10.2(4)d) 1.3 Litiges — alin6as 10.2(4)f,g) 1.4 Question relative a Pemploi — alin6a 10.2(4)j) 1.5a), b) Question relative a 1'emploi — alin6as 10.2(4)b,j) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h — Salle du conseil 2. Approbation du proces- verbal 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Lettre de M. Teed au sujet des propri6t6s mal entretenues (recommandation accepter a titre informatif 5.2 Lettre de M. Teed au sujet des passages pour pi6tons (recommandation accepter a titre informatif 5.3 Fermeture et barrage dune partie de la rue Saint James (recommandation accepter a titre informatif 5.4 Soumission relative a Papprovisionnement en arbres pour la saison de plantation d'automne 2010 (recommandation figurant au rapport) 5.5 Soumission relative a l'installation de panneaux ( recommandation figurant au rapport) 5.6 Soumission relative aux services de dragage au bassin Lancaster (recommandation figurant au rapport) 5.7 Soumission relative a la modernisation des appareils respiratoires autonomes a bouteille d'air pulmo- command6 Scott — service d'incendie de Saint John (recommandation figurant au rapport) 5.8 Am6nagement du secteur de la promenade Forbes (recommandation : accepter a titre informatif 5.9 Am6nagement du secteur du croissant Arlington (recommandation : accepter a titre informatif 5. 10 Location de 1'6tal ri « 5 » au Marche municipal (recommandation figurant au rapport) 5.11 Fermeture et barrage dune partie du chemin Fort Dufferin ( recommandation figurant au rapport) 5.12 Services d'ing6nierie et de gestion de la construction — R6servoirs de retenue d'eau du secteur de Cottage Hill et du parc Rockwood (recommandation figurant au rapport) 5.13 Am6liorations des systemes m6caniques et 6lectroniques des postes de pompage des eaux us6es de l'avenue Rothesay et de la promenade Simpson (recommandation figurant au rapport) 5.14 Reconduction du bail n'223 relatif a 1'6missaire du terminal Rodney (recommandation figurant au rapport) 5.15 Date propos6e pour la tenue dune audience publique concernant les 180- 182, avenue Millidge et les 582 -584, chemin Green Head (recommandation figurant au rapport) 5.16 Services d'inspection d'ing6nierie — Place Peel (recommandation figurant au rapport) 5.17 Nomination dun ing6nieur- conseil (recommandation figurant au rapport) 6. Commentaires pr6sent& par les membres 7. Proclamation 8. D616gations et pr6sentations 18 h 15 8.1 Enterprise Saint John : Ebauche du cadre strategique 9. Audiences publiques 19h 9.1a) Projet de modification de 1'Arret6 de zonage visant le 182, chemin Golden Grove 9. lb) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage 9.2a) Projet de modification de 1'Arret6 de zonage visant le 61, promenade Bayside 9.2b) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage 10. Etude des arret6s municipaux 10.1a) Troisieme lecture de la modification de 1'Arret6 de zonage visant le 11, chemin King William 10. lb) Conditions impos6es par Particle 39 10.2 Troisieme lecture de la modification de 1'Arret6 de zonage 10.3a) Directeur g6n6ral : Rezonage propos6 visant le 237, rue Union 10.3b) Lettre revue de Victor Train — R6ponse concernant les conditions impos6es par Particle 39 10.3c) Troisieme lecture de la modification de 1'Arret6 de zonage 10.4a) Troisieme lecture de la modification de 1'Arret6 de zonage visant le 489, rue Sea 10.4b) Conditions impos6es par Particle 39 11. Interventions des membres du conseil 11.0 Facilitation de 1'am6nagement dans les quartiers du noyau urbain (maire suppl6ant Chase) 11.1 Cr6ation dune densit6 accrue dans les quartiers du noyau urbain de la ville (conseiller Snook) 5 11.2 Sous- comit6 visant a favoriser les espaces verts a plus d'endroits (conseiller Snook) 11.3 UNBSJ (conseiller Titus) 11.4 Espace vert au centre communautaire Martinon (conseiller McGuire) 11.5 Mise a jour sur Pam6nagement r6sidentiel a forte densit6 (conseillere Higgins) 11.6 Mise a jour sur 1'am6nagement r6sidentiel au lotissement Fieldstone Estates (conseillere Higgins) 11.7 Conseil consultatif du parc Rockwood (conseillere Higgins) 11.8 Am6nagement de la rue Thornborough (conseillere Higgins) 11.9 Pr6sentation de Jeux Canada Games Foundation (conseiller Sullivan) 11.10 Mise a jour sur la construction r6sidentielle a forte densit6 sur la promenade Teck (conseillere Higgins) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Directeur g6n6ral : Demande de financement revue de la Compagnie th6atrale de Saint John 12.2 Directeur g6n6ral : Installations de loisirs de Passociation d'expositions 13. Rapports deposes par les comit6s 13.1a) Comit6 de Saint John 225 recommandant Pachat de fart civique 13. lb) Saint John 225 — Rapport a Pintention du conseil 13.1c) Powning Designs Ltd.: Shards of Time (les 6clats du temps) 13.1 d) Entente relative a fart civique 13.1e) R6solution propos6e 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 15. Correspondance g6n6rale 15.1 Demande de financement budg6taire relative au zoo Cherry Brook 15.1b) Pr6sentation devant le conseil de Rothesay 16. Lev& de la s6ance 0 Or September 13, 2010 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of September 13, 2010 contains the following items on the agenda. 1.0 Approval of Minutes 10.2(4); 1.1 Disclosure of Interest 10.2(4)(b); 1.2 Land Matter 10.2(4)(d);1.3 Litigation 10.2(4)(f,g); 1.4 Employment Matter 10.2(4)0); 1.5(a,b) Employment Matter 10.2(4)(b,j) Section 10.2(4) of the Municipalities Act states: "If it is necessary at a meeting of Council or committee of council to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion ": (b) personal information (d) the proposed or pending acquisition or disposition of land for a municipal purpose; (f) information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business (g) the access to or security of particular buildings, other structures or systems, including computer or communication systems, or the access to or security of methods employed to protect such buildings, other structures or systems 0) labour and employment matters, including the negotiation of collective agreements Respectfully Submitted, Jonathan Taylor Assistant Common Clerk l&- SAINT JOHN PA. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca C.P. 1971 Saint john, N. -B. Canada E2L 40 r�� Eric L. Teed, O. C,, C.Dq Q.C. B. c, B.A., B.C.L, Ktd Donnebrog 1019 Seawood Large, Saint John, NB, E2M 3G8 Tel: (506) 672 -6856 Non - Professional Office: 55 Canterbury Suet, Suite 102 P.O Box 102, Saint John, NB, E2L 2C6 Tel; (506) 632 -0096 �Q GM cq v cIj A44 i 0105� 8 of odes I ans Qne ��' f'h-� � ►n P °'"'� � ,i�in us �7�,'� ��d�s7`r a ��S 1'na � �.'1- ctndl u1 he ✓� and lf�l ?lc�S M5G a W" Ik Gin ust telc� an�� `low C�'n� a-'- �'� ��� �ra,�fe�rr� Q K-ts oI WeaAw f oft KeMd ' CL �vrS° n kit'. p Uhf t4j-ey ' va t� u C �G�� � JCf i 04) 1 no VII Pmt fry A-� �u aW n Ue lai- C M &C- 2010 -305 September 10, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Stop Up and Closure of a Portion of Saint James St. Harbour Clean -Up SLS #8 and N.B. Housing Corporation BACKGROUND: At its meeting of August 30, 2010 Common Council held the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 358 square metre +/- undeveloped portion of a public street known as Saint James Street. There was concern expressed that the proposed stop up and closure would eliminate parking availability along Saint James Street that is currently enjoyed by the tenants of the NB Housing's adjacent residential complex. This report is to clarify the situation. The City has been working closely with NB Housing on this file. The street closure is the first step in the process to ultimately convey this surplus right of way to the Province so that they can enjoy more parking than they have currently. The City's arrangement is that the 4 parking spots lost as a result of the construction of Lift Station #8 near the corner of Crown Street and Queen Street will be replaced in a new and properly constructed parking lot on the former Saint James Street right of way. Four spaces will be lost but 16 new spaces will be created in the new lot, so it will net out as a significant improvement for the residents. The portion of Saint James Street that is proposed to be stopped up and closed is undeveloped street right of way, currently a grassed area with the exception of a very small area that is paved and upon which a garbage dumpster has been placed for use by the NB Housing tenants. Staff have asked NB Housing to communicate to their tenants that should they have any questions regarding the City's proposed project they should be directed either to the Saint John office of NB Housing, or to the City's Real Estate 10 Report to Common Council September 10, 2010 Page 2 Services Department. Notices to that effect will be posted within the residential buildings with contact names and telephone numbers. Prior to the 3rd reading of the proposed Bylaw for the proposed Stop Up and Closure of this undeveloped portion of Saint James Street Staff will provide a further report to Council for its consideration on this matter once all of the terms and conditions of the Agreement of Purchase and Sale document with NB Housing have been finalized. The Agreement document will be subject to a successful enactment of the street closure. RECOMMENDATION: Receive and file Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager Pw /p 11 REPORT TO COMMON COUNCIL M & C 2010 - 309 September 9, 2010 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Tender for the supply of trees for the 2010 fall planting season BACKGROUND: ar-y Of sallir jolm A tender for the supply of "grade 1 quality" trees for the 2010 fall planting season was called on August 18, 2010. The tender includes a variety of trees which are planted at various locations each year by the Leisure Services Department. ANALYSIS: Tenders closed on September 1, 2010, with the following results: Vendor Bid Price (Lump Sum) 1. Sheridan Nurseries (Georgetown, Ont.) $45,213.00 2. Dutchmaster Nurseries (Brougham, Ont.) $43,384.50 (All above exclusive of taxes) Staff estimate for the supply of this year's order was $50,000.00 (taxes excluded). The tenders were reviewed by staff of Materials Management and Leisure Services and were found to be formal in all respects. Staff believes that the low tenderer has the necessary resources and expertise to supply the products, and recommend acceptance of their tender. 12 PAGE TWO FINANCIAL IMPLICATIONS: This is a planned expenditure for which funds have been allocated in the City of Saint John's Leisure Services Department's 2010 Capital Budget. The total cost of the supplies if awarded as recommended will be $43,384.50 (plus tax). RECOMMENDATION: It is recommended Tender No. 2010 - 873001 T: TREES — GRADE NUMBER 1 be awarded to the low bidder, Dutchmaster Nurseries Ltd., at the tax - excluded tendered price of $43,384.50. Respectfully submitted, (0__,jz g__ David Logan Purchasing Agent Patrick Woods City Manager 13 REPORT TO COMMON COUNCIL M & C — 2010 -299 10 September 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Sign Installation BACKGROUND: f City of saint J1--oh iI The tender closed on Wednesday August 25, 2010 for the provision of sign installation services on behalf of the Saint John Fire Department and Saint John EMO. The City is purchasing approximately 252 signs to be strategically installed, over the course of 2 years, in predetermined locations, in order to assist the public in identifying the safest and most expedient routes to follow, should the need arise to evacuated a specific area of the City. Bidders were asked to quote a per sign unit price to cover the cost to supply a sign post, to the required specifications, and labour, materials and equipment necessary to install each of the signs to be provided by the City. ANALYSIS: The Fire Department initially contacted the City's Municipal Operations Department however given the size of this project and the time constraints necessary to complete the work; they were advised that Municipal Operations lacked the necessary resources to take on this additional project and therefore could not provide the necessary services. Six companies chose to participate in this tender call by submitting bids. Staffs of Materials Management and the Saint John Fire Department have reviewed the bids and have found the tender of the lowest bidder to be complete in every regard. See enclosed summary for details. 14 Page Two FINANCIAL IMPLICATIONS: If awarded as recommended, the total cost to supply new sign posts and to install approximately 128 new evacuation route signs at a unit cost of $123.29 in 2010 and 124 at a unit cost of $127.29 in 2011, will be $31,565.08, plus tax. This is a planned expenditure and as such funds to cover this cost are included in the 2010 operating budget and are planned to be included in the 2011 operating budget. RECOMMENDATION: It is recommended that the tender submitted by Safety First in the amount of $123.29 per unit in 2010 and $127.29 per unit in 2011, for the supply of new sign posts and all necessary labour, materials and equipment, required to install approximately 252 new evacuation route signs in predetermined locations within the City, be accepted. Respectfully submitted, rdj g�' David J. Logan Purchasing Agent Patrick Woods City Manager 15 City of Saint John Tender 2010-990501T SIGN INSTALLATION SUPPLY AGREEMENT -SAINT JOHN FIRE DEPARTMENT Tender Opening: 2:30 P.M., Wednesday, AUGUST 25, 2010 2 "d Floor Boardroom, 175 Rothesay Avenue 16 Bruce John Safety Design Cossey Sojourn DESCRIPTION Lawson Flood & First- Art Corporation Enterprises Contractor Sons SFC Signs Ltd. Ltd. YEAR 2010: 44 VARIOUS LOCATIONS, $950.00 $272.00 $123.29 $145.34 $184.00 $199.65 128 SIGNS $1,025.00 $274.00 $127.29 $145.34 $184.00 $215.62 YEAR 2011: 71 VARIOUS LOCATIONS, 124 SIGNS 16 REPORT TO COMMON COUNCIL M & C — 2010 -306 10 September 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Dredging Services Lancaster Lagoon Cell #4 BACKGROUND: Lit ¢° f 5 City of saint Jahn Tenders closed on Wednesday, September 01, 2010 for the establishment ofatwo (2) year Supply Agreement for a project that was approved in the Municipal Operations and Engineering 2010 Utility Fund Operating Budget. Removal of accumulated biosolids from the Lancaster Lagoon Cell #4 to improve efficiency of the air diffuser system. The operations covered by this tender call include; A) a lump sum mobilization cost, B) hourly rates for operations and C) a per diem cost to cover crew expenses. This project will allow flexibility to perform dredging work in the most crucial areas as become evident from time to time throughout the operating year. It will also permit the re -use of Geotube biosolids dewatering technology that has resulted in a significant annual savings over mechanical dewatering technologies employed in previous years. ANALYSIS: Three companies responded to the City's tender call by submitting bids. Staff has reviewed the bids and has found them to be complete in every regard. A summary of the tenders received is enclosed for your consideration. Staff is of the opinion that the low bidder has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 17 Page Two FINANCIAL CONSIDERATIONS: Assuming award of the tender, as recommended to the low bidder, an analysis has been completed which includes the estimated amount of work on this project that will be performed over the 2 year period of coverage. The project is estimated to cost $41,510.00, plus tax in 2010 with a similar estimate for the second year of the agreement. Funds to cover the cost of this service are included in the 2010 Operating Budget with a similar amount to be requested for 2011. RECOMMENDATION: It is recommended that the tender ofNewalta Corporation, for the establishment of a two year supply agreement for the removal of biosolids from the Lancaster Lagoon, in accordance with the requirements of the tender and the unit prices contained on the enclosed summary, be accepted. Respectfully submitted, rd'� g�- David Logan, CPPB Purchasing Agent Patrick Woods City Manager 18 City of Saint John Tender 2010-084101T DREDGING SERVICES — LANCASTER LAGOON Tender Opening: 2:30 P.M., Wednesday, SEPTEMBER 01, 2010 2nd Floor Boardroom, 175 Rothesay Avenue DESCRIPTION: Consolidated Terratube Newalta Giroux Corporation Environment Inc. Item A — Mobilize /Demobilize to Lancaster Waste Water Treatment Facility. Price to include any expenses prior to first on -site work day and after final on -site work day Lump Sum 2010 $8,000.00 $7,690.00 $2,750.00 2011 $8,240.00 $7,690.00 $2,750.00 Item B- Dredging crew, consisting of operators, dredge unit, polymer make -down system and all manifolds and piping required between dredge and Geotube. Price to be all- inclusive hourly rate including polymer consumed Hourly Rate 2010 $ 375.00 $ 265.00 $ 273.00 2011 $ 386.25 $ 265.00 $ 273.00 Item C — Per diem for crew, price to be for entire crew on a per day basis Per Diem 2010 $ 220.00 $ 425.00 $ 0.00 2011 $ 226.60 $ 425.00 $ 0.00 Wee REPORT TO COMMON COUNCIL f M & C —2010 -307 City of saint ]cohn 10 September 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for the Scott Air Pack Upgrade to NFPA 1981, 2007 Edition for the Saint John Fire Department BACKGROUND: Tenders have been received for the upgrade of 12 Scott Air Packs presently configured to the 1997 standard and 12 Air Packs presently configured to the 2002 standard, to the NFPA 1981 2007 standard. The life cycle of the Fire Department's self - contained breathing apparatus (SCBA) is about 15 years. The life of SCBA packs purchased prior to year 2000 can be extended by upgrading the pack to current standards. With the cost of upgrading being about half the cost of a new pack, the Fire Department plans to upgrade about 24 packs during 2010. This process will extend the life of the packs for another 10- years. ANALYSIS: Four companies responded to the City's tender call by submitting bids. Staff of the Saint John Fire Department and Materials & Fleet Management has reviewed the bids and have enclosed a bid summary for Council's consideration. dc PAGE TWO FINANCIAL IMPLICATIONS: If awarded as recommended, the total cost for the upgrade of the 24 Scott Air Packs will be $60,049.92 plus tax. This is a planned expenditure and as such funds are included in the 2010 Capital Budget for Fire Equipment. RECOMMENDATION: It is recommended that Council award the tender for the upgrade of the Scott Air Packs to MicMac Fire & Safety in the amount of $60,049.92, plus tax. Respectfully submitted, David Logan, CPPB Purchasing Agent Patrick Woods City Manager 21 City of Saint John Tender 2010-424001T SCOTT AIR PACK UPGRADE TO NFPA 1981, 2007 EDITION SAINT JOHN FIRE DEPARTMENT Tender Opening: 2:30 P.M., Wednesday, AUGUST 25, 2010 2nd Floor Boardroom, 175 Rothesay Avenue 22 Safety Levitt Micmac Acklands Description Source Safety Fire & Granger Safety Inc. 12- Conversation /upgrade of Air packs configured to the 1997 standard to the 2007 $3,238.00 $2,943.94 $2,704.58 $2,810.31 standard 12- Conversation /upgrade of air packs configured to the 2002 standard to the 2007 $25719.00 $2,502.00 $2,299.58 $2,402.28 standard Miscellaneous repairs as authorized by Saint John Fire Department $ 60.00 /hr $70.00 /hr $60.00 /hr $82.14/hr 22 REPORT TO COMMON COUNCIL M &C- 2010 -302 September 8, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Forbes Drive Area Development BACKGROUND: At the Common Council meeting of August 30, 2010, Common Council requested an update on development in the Forbes Drive area. ANALYSIS: City of Saint John A Public Hearing for the rezoning was held at the Common Council meeting of September 26, 2005, with third reading given at the Common Council meeting of October 11, 2005. The overall development covers an area of 82 hectares (305 acres) and is proposed to contain a mix of one and two - family dwellings, townhouses and multiple residential buildings. The initial phase of the project involves the extension of Forbes Drive to develop semi - detached dwellings along with a new site for the Main Street Baptist Church and possible seniors housing on the church site. Assent to a tentative subdivision plan allowing for the development of the extension of Forbes Drive (Phase 1) and the creation of approximately 18 serviced residential lots was also given by Common Council at the October 11, 2005 meeting, along with authorization for the development of the required City / Developer Subdivision agreements and the acceptance of cash -in -lieu for the required Lands for Public Purposes for Phase 1 of the subdivision. 23 M & C — 2010 — 302 - 2 - September 8, 2010 On January 30, 2006, a final plan of subdivision was approved to create seven residential building lots and a portion of Forbes Drive. This portion of roadway has been constructed. In 2007, two subdivision plans were approved to create two large parcels totaling approximately 12.3 hectares for lands along the south side of Forbes Drive. These lands were transferred from the Developer to the Trustees of the United Baptist Church at Main Street in Saint John in 2006 and 2008. On May 20, 2010 approval was given to a Tentative Plan of Subdivision to subdivide a 0.2 hectare parcel to the rear (north) of the properties at 175 to 195 Highland Road. An enquiry was made to the developer who noted, that finalizing the routing of the Brunswick Pipeline through the area affected the pace at which the land has been developed. Now that the pipeline has been constructed, market conditions with respect to housing demand are affecting the pace of development on the lands. RECOMMENDATION: That Common Council receive and file this report. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager MR Project No. 10 -177 24 REPORT TO COMMON COUNCIL M &C- 2010 -303 September 8, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Arlington Crescent Area Development BACKGROUND: At the Common Council meeting of August 30, 2010, Common Council requested an update on development in the Arlington Crescent area. ANALYSIS: City of Saint John At the April 28, 2008 meeting of Common Council, approval was given to an application submitted by Caliber Consulting Limited to rezone and subdivide property located at 1060 Sandy Point Road to permit a commercial and residential development. The proposed development included 92 townhouse units and three four - storey condominium buildings on Arlington Crescent. A portion of the adjacent land zoned `B -2" General Business, which fronts on Sandy Point Road, was rezoned to "RM -2" High Rise Multiple Residential in August 2008 to allow for the development of two five - storey apartment buildings with a total of 120 dwelling units. At its meeting of April 27 and May 4, 2009, Common Council adopted a resolution to petition the Provincial Legislature to remove a portion of land containing the right -of -way for Arlington Crescent from the Tucker Trust. This would allow for the street connection to be a permanent feature of the development. 25 M & C — 2010 — 303 - 2 - September 8, 2010 A final plan of subdivision was approved by the Development Officer on May 12, 2009 to create 51 residential part lots for townhouse development and a section of Arlington Crescent approximately 390 metres in length. On August 31, 2010 side yard variances and a tentative subdivision plan were approved to allow for the construction of 6 semi - detached buildings and two townhouse buildings (a future 3 -unit and an existing 4- unit). Five 4 -unit townhouse buildings were originally proposed in this area along Arlington Crescent, but the developer now believes a stronger market exists for the semi- detached units. Based on a discussion with the developer's consultant, the developer is planning to apply for building permits to commence construction of the semi - detached buildings during the remainder of the 2010 construction season. RECOMMENDATION: That Common Council receive and file this report. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager Project No. 10 -177 26 REPORT TO COMMON COUNCIL M &C- 2010 -311 September 9, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Lease of Space Stall No. 5 The City Market BACKGROUND: City of Saint John Corcana Emporium Inc. (CE) hopes to Lease Stall #5 in the City Market from the City of Saint John. CE intends to operate a Hodo Cookie and Chocolate Shop. Hodo Cookies are made in a unique automated cookie machine. Along with the Hodo cookie, the store will feature high end chocolate offerings and related goods. The proposed use is considered appropriate in that it doesn't conflict with any existing uses, however the Hodo Cookie Machine does give some cause for concern in that it does operate with some noise. Staff is acutely aware of the need to ensure quiet enjoyment of space to the other tenants in the market. While it is the sights, sounds and smells that make the market special, staff has taken a firm position that ensure noise impacts do not become an issue with a very clear clause to manage the situation. Rents range from $26 psf to $50 psf with a 6 month rent free period to offset space build out costs. The term of the Lease is 5 years. The Landlord's base building work is estimated to be $6,500 to $7,500 for electrical and plumbing improvements. The tenant hopes to be open for October of 2010. The Lease document as attached is standard and consistent with the Leases granted to other tenants in the City Market. 27 M & C — 2010 — 311 - 2 - September 9, 2010 RECOMMENDATION: 1. That The City of Saint John enter into a Lease of space for Stall "5" in the City Market with Corcana Emporium Inc. under the terms and conditions as set out in the Lease submitted with M &C 2010 -311, and further 2. That the Mayor and Common Clerk be authorized to execute the lease. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager PIE Form A19 LEASE Standard Forms of Conveyances Act, S.N.B. 1980, c. S -12, s.2 The parties to this lease are: The City of Saint John, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, the "Lessor" -and- Corcana Emporium Inc., a duly incorporated company, having its head office at 31 Anchorage Avenue, Saint John, N.B. E2K 5R3, the "Lessee" The Lessor leases to the Lessee the premises described in Schedule A and Al attached hereto on the following conditions: Duration: Date of Commencement: Date of Termination: Payment Dates: Place of Payment Five (5) years October 15, 2010 October 14, 2015 First day of each and every month during the term hereof Cashier's Office City Hall, 15 Market Square Saint John, NB This lease contains the covenants and conditions which are attached and set out in: (b) Schedule C attached hereto. DATED , 2010. SIGNED, SEALED & DELIVERED In the presence of 29 THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: September , 2010. CORCANA EMPORIUM INC. Per: Kim Abraham SCHEDULE_ i. H\If l I A f 13 11„ GROUND FLOOR (LEASEABLE AREA -333'3.f.) SCALE: 1 /4 " =1' -0" LEASE PLAN FOR CORCANA EMPORIUM INC. CITY MARKET: STALL 5 30 LL UMN y SCUZDULE 41 MEZZANINE FLOOR (LEASEABL•E AREA 179 s.f.) SCALE: 1/4"=l'—O" LEASE PLAN FOR CORCANA EMPORIUM INC. CITY MARKET: MEZZANINE ABOVE STALL 4 31 %SE E C, I. COLUMN N LEASE FOR STALL SPACE CITY MARKET SCHEDULE C ARTICLE I DEFINITIONS 1.01 Definitions In this lease: a) "Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor under or pursuant to the terms of this Lease, save only for Gross Rent; b) "Architect" shall mean the architect from time to time named by the Lessor or at the option of the Lessor, the Lessor's general contractor. Any certificate provided by the Architect and called for by the terms of this Lease shall be final and binding on the parties hereto; c) "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 Common Areas. Without limiting the generality of the foregoing, Common Areas includes all parking areas, all entrances and exits thereto and all structural elements thereof, access roads, truck courts, driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and interior structural elements and bearing walls in the building and improvements comprising the City Market, package pick -up stations, loading and related areas, pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage service and janitor rooms and galleries, fire preventions, security and communication systems, columns, pipes, electrical, plumbing, drainage, any central system for the provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or services located therein or related thereto as well as the structures housing installations, including but not limited to all open and enclosed malls, courts and arcades, public seating and service areas, corridors, furniture, first aid and/or information stations, auditoria, conference rooms, nurseries, childcare play areas and related kitchen and storage facilities, escalators, elevators, public washrooms, music systems and any atrium seating /food court; 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; 32 Lease for Stall Space — City Market Schedule C 2- g) "Gross Receipts" means the total of all gross sales and receipts from all business 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 include, 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: 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, but only to the extent the original sale of the returned merchandise was included in Gross Receipts; iii. HST and any other sales, 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 Lessee or returned to suppliers of the Lessee, but only if such transfer or return is not for the purpose of reducing Gross Receipts. h) "HST" means harmonized sales taxes, value -added taxes, multi -stage taxes, business transfer taxes or other similar taxes however they are characterized and any taxes in lieu thereof; i) "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to be hazardous, toxic, 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 of lease and includes any riders and schedules hereto and shall also include any agreements entered into which have the effect of amending this indenture from time to time; 1) "Leased Premises" means the premises leased to the Lessee as referred to and described in Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises shall extend from the top surface of the structural subfloor to the bottom surface of the structural ceiling. If the Leased Premises have no ceiling abutting the demising walls, but rather are open to the ceiling of the City Market building, the boundaries of the Leased Premises extend from the top surface of the structural subfloor to the height of the demising walls; m) "Lease Year" shall mean a period of time, the first Lease Year commencing on the Commencement Date and ending on the 3181 day of December in the calendar year of the Commencement Date. Thereafter Lease Years shall consist of consecutive periods of twelve calendar months ending in each case on December 313t, save for the last Lease 33 Lease for Stall Space — City Market Schedule C Z 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; o) "Operating Costs" means the total cost and expense incurred in owning, operating, maintaining, managing and administering the City Market and the Common Areas, specifically including without limiting the generality of the foregoing, any capital or place of ownership taxes levied against the Lessor or any owners of the City Market on account of their interest in the City Market, in an amount equitably allocated to the City Market by the Lessor; gardening and landscaping charges; the cost and expenses of taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and waste collection and disposal; lighting, electricity, public utilities, loud speakers, public address and musical broadcasting systems and any telephone answering service used in or serving the City Market, and the cost of electricity and maintenance for any signs designated by the Lessor as part of the Common Areas; policing, security, supervision and traffic control; salaries and benefits of all supervisory and other personnel employed in connection with the City Market and management office rent imputed to the City Market by the Lessor, acting reasonably; Management Fee, the cost of providing additional parking or other Common Areas for the benefit of the City Market, whether such costs be Taxes or other type of costs; the costs and expenses of environmental site reviews and investigations, removal and/or clean -up of Hazardous Substances from the Common Areas; the cost of the rental of any equipment and signs and the costs of supplies used in the maintenance and operation of the City Market and the Common Areas; accounting and audit fees incurred in the preparation of the statements required to be prepared and supplied by the Lessor under the terms of this Lease; heating, ventilating and air conditioning of the Common Areas; all repairs and replacements to and maintenance and operation of the City Market and the Common Areas; depreciation or amortization of the costs, including repair and replacement, of all maintenance and cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities serving or comprising the City Market or the Common Areas; which are not charged fully in the Lease Year in which they are incurred, from the earlier of the date when the cost was incurred or the Commencement Date, at rates on the various items determined from time to time by the Lessor in accordance with sound accounting principles; 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 terms 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 iii. the centre line of all interior walls separating the Leased Premises from adjoining leasable premises. The Rentable Area of the Leased Premises includes all interior space whether or not occupied by projections, structures or 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. 34 Lease for Stall Space — City Market Schedule C 4- s) "Rentable Area of the City Market" means the area in square feet of all rentable premises in the City Market set aside for leasing by the Lessor from time to time, except for any occupancy as designated by the Lessor for which there is no Gross Rent payable. Provided however that the Lessor shall credit to Operating Costs any contributions received in respect of such Operating Costs from the occupants of any of the areas excluded from the Rentable Area of the City Market in accordance with this definition. Provided further that in determining the fraction that is the Lessee's Proportionate Share, if the Leased Premises consists of any of the foregoing excluded categories, the Rentable Area of that category will be included in the Rentable Area of the City Market; t) "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 and premises may be altered, expanded or reduced from time to time and the buildings, improvements, equipment and facilities erected thereon or situate from time to time therein; v) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time to time levied, assessed or imposed upon the City Market or any part thereof or upon the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall also include any penalties, late payment or interest charges imposed by any municipality or other taxing authority as a result of the Lessee's late payments of any taxes or instalments thereof. For greater certainty "Taxes" shall exclude any penalties or interest incurred by the Lessor as a result of its failure to pay Taxes in a timely manner, except Taxes shall include any interest in respect of a deferral of payment in accordance with sound accounting practices if permitted by statute or pursuant to an agreement with the taxing authority; and (ii) income, profit or excess profits taxes of the Lessor; w) "Lessee" means the party named as Lessee in this Lease; and x) "Term" means the period referred to in Section 2.03. ARTICLE II GRANT, TERM AND INTENT 2.01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the Lessee leases from the Lessor, the Leased Premises. The Leased Premises are presently designated as Stall No. 5 and Mezzanine Space over Stall 4 together with a right of access for ingress, egress and regress to the Mezzanine Space over and upon the "Common Building Area" between Stall 5 and Stall 4, are shown on Schedule A attached hereto and contain a Rentable Area of approximately Three Hundred Square Feet (300 ft). In the event the Leased Premises is re- measured the Lessee shall pay all rents based on a maximum square footage of Three Hundred Square Feet (300 ft =). 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. 35 Lease for Stall Space — City Market Schedule C 5- 2.03 Term of Lease TO HAVE AND TO HOLD the Leased Premises for and during the term of five (5) years to be computed from October 15, 2010 and fully to be completed and ended on October 14, 2015 save as hereinafter provided for earlier termination. PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a third parry as of the date of this Lease, the Commencement Date shall be the earlier of: a) thirty (30) days after the Lessor has delivered vacant possession of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such thirty (30) 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 thirty (30) days after receipt of such notice or until the Lessee opens for business to the public in the Leased Premises, free of the payment of Gross Rent, and Additional Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the Leased Premises during the period of such fixturing, and shall during the period from the giving of such notice until the Commencement Date be a tenant in the Leased Premises subject to the same covenants and agreements as are contained in this Lease, mutatis mutandis. FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason, including but not limited to the holding over or retention of possession of any other lessee or occupant, or the lack of completion of any repairs, improvements or alterations required to be completed before the Lessee's occupancy of the Leased Premises, then the time for commencement of the 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 Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective obligations hereunder be affected. However, if the Lessor does not give vacant possession of the Leased Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option, terminate this Lease by written notice to the Lessee and in such event this Lease shall be null and void and of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or deduction, and neither party shall have any further liability to the other. Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the Lessee shall execute an acknowledgement of same on Lessor's usual form. The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis, from the end of the rent -free period to the last day of the month in which the Commencement Date occurs and thereafter all payments of Rent shall be made on the first day of each month throughout the Term unless otherwise specified herein. 36 Lease for Stall Space — City Market Schedule C 6- 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 by providing written notice of its intention to renew to the Lessor no later than six (6) months prior to the expiration of the Initial Term. In the event the Lessor and the Lessee do not agree on the then prevailing market rate, such rate may be determined by a single arbitrator appointed by agreement between the Lessor and the Lessee pursuant to the Arbitration Act." ARTICLE III RENT AND DEPOSIT 3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Thirty Seven Dollars and Twenty Cents ($37.20) per square foot of Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance. According to the following schedule: Year 1 - $650.00 monthly ($26.00 per square foot) Year 2 - $850.00 monthly ($34.00 per square foot) Year 3 - $850.00 monthly ($34.00 per square foot) Year 4 - $1,050.00 monthly ($42.00 per square foot) Year 5 - $1,250.00 monthly ($50.00 per square foot) 3.02 Reports by Lessee a) The Lessee shall submit to the Lessor on or before the 10th day followin the end of each calendar month during the Term and including the 10 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 601h 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 form, style and scope as the Lessor reasonably determines, showing the amount of Gross Receipts during the preceding 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 of 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 (Mandatory when rent calculation 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 Leased 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. 37 Lease for Stall Space — City Market Schedule C 7- 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 Lessee under this Lease, such unpaid amounts shall bear interest from the due date thereof to the date of payment, compounded monthly at the rate equal to four (4) percentage points in excess of the Prime Rate. 3.05 Deposit The Lessor acknowledges receipt of Thirteen Hundred Dollars ($1,300.00) which it will apply towards the payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or part of the amount retained for application towards the last month's Gross Rent as compensation for any loss or damage arising from the breach by the Lessee of any provisions of this Lease. This right will not be construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of the deposit for the last month's Gross Rent as provided above, the Lessee will, upon notification by the Lessor, pay to the Lessor the amount required to reimburse it for the amounts so applied. The Lessor will not be required to pay interest to the Lessee on any of the amounts paid to the Lessor or retained by it under this section. The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in the City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further liability with respect to the deposit. The Lessee will not assign or encumber its interest in the deposit except in connection with a permitted Transfer, in which case the Lessee's interest in the deposit will be deemed to have been assigned to the permitted Transferee as of the date of the Transfer. 3.06 Pre - Authorized Payments /Postdated 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 from time to time during each Lease Year in an amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable, generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. In the event the Lessee 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 "13-1 ", 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 of this Lease on an estimated basis. ARTICLE IV 11 1_►:1 1 4.01 Taxes Payable by the Lessor The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with any statute, law, by -law, regulation or ordinance in connection with the levying of any such Taxes in each case to the fullest extent 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 betterments which are assessed or imposed during the term and which may by law be 38 Lease for Stall Space — City Market Schedule C 8- payable in instalments, the Lessee shall only be obligated to pay such instalments as same fall due during the Term, together with interest on deferred payments; c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the Lessee to keep any covenant contained in this Article, the certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing that the tax, assessment or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as a lien or charge against the Leased Premises or that it has been paid as such by the Lessor; d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such manner as the Lessee in its opinion shall deem advisable (which proceedings or other steps taken by the Lessee shall be conducted diligently at its own expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed upon or against the Leased Premises or Taxes in lieu thereof required to be paid by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations to pay the Taxes as herein provided pending the contest, but if by law it is necessary that such payment be suspended to preserve or perfect the Lessee's contest, then the contest shall not be undertaken without there being first deposited with the Lessor a sum of money equal to twice the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be imposed upon the Lessor or the Leased Premises. Any costs associated with an appeal undertaken by the Lessor, the Lessee shall pay their proportionate share of such costs; e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills for Taxes which bills after inspection by the Lessor shall be returned to the Lessee. 4.03 HST Payable by Lessee The Lessee shall pay to the Lessor all HST on Rent and any other HST imposed by the applicable legislation on the Lessor or Lessee with respect to this Lease, in the manner and at the times required by the applicable legislation. Such amounts are not consideration for the rental of space or the provision by the Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the same remedies for and rights of recovery of such amounts as it has for recovery of Rent under this Lease. If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as consideration for a modification of this Lease, and the applicable legislation deems a part of the deposit or amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that the Lessor will receive the full amount of the forfeited deposit or other amount payable without encroachment by any deemed HST portion. 4.04 Business Taxes and Other Taxes of Lessee The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable: a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or assessed against or in respect of all improvements, equipment and facilities of the Lessee on or in the Leased Premises; and b) every tax and license fee which is levied, rated, charged or assessed against or in respect of any business carried on in the Leased Premises or in respect of the use or occupancy thereof whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed by any federal, provincial, municipal or other body. 39 Lease for Stall Space — City Market Schedule C - Page 9 - ARTICLE V UTILITIES 5.01 Utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed. ARTICLE VI MERCHANTS' ASSOCIATION 6.01 Merchants' Association If and when an association or corporation of merchants or lessees (the "Association ") is formed comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or if such an Association has already been formed, the Lessee shall forthwith become a member thereof and the Lessee shall retain its membership in such Association during the entire Term and shall abide by all rules, regulations, by -laws, decisions, directions, dues and assessments of the Association. Such Association shall in no way affect the rights of the Lessor and any by -laws, rules and regulations of such Association shall at all times be subject to the prior approval of the Lessor. 6.02 Promotion Fund The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in twelve (12) monthly instalments each instalment payable on the 1st day of each month during the Term. ARTICLE VII CONDUCT OF BUSINESS BY TENANT 7.01 Use of Leased Premises a) The Leased Premises shall be used continuously, actively and diligently for the sole purpose of a store for the sale of confectionary products, including HODO Cookies, chocolate products from a variety of manufacturers; all HODO cookies sold must be made on site using the unique HODO cookie machine. The Lessee may sell other confectionary products including, but not limited to gum, fudge, candy floss, popcorn, licorice and other confectionaries. The Lessee shall not keep on, give or sell from the Leased Premises beverages of any kind, or any food items such as baked goods, other than cookies, meat or meat products, or fresh produce. The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof for any other business or purpose. In connection with the business to be conducted by the Lessee on the Leased Premises, the Lessee shall only use the advertised name "HODO COOKIE & CHOCOLATE SHOP" 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. 40 Lease for Stall Space — City Market Schedule C 10- Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other premises in the City Market to any other tenant(s) carrying on a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises pursuant to this Section 7.01. b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the regular conduct of business therein are of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases therein, the efficient and economic supply of services and utilities, and in the character and quality of other tenants in the City Market. The Lessee therefore covenants and agrees that throughout the Term it will occupy the entire Leased Premises, comply strictly with the provisions of Section 7.01 and not vacate or abandon the Leased Premises at any time during the Term. The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business therein, or uses or permits or suffers the use of the Leased Premises for any purpose not specifically herein authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor. The Lessor will have the right, without prejudice to any other rights which it may have under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the provisions of this Section 7.01(b). 7.02 Conduct and Operation of Business The Lessee shall occupy the Leased Premises from and after the Commencement Date and thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall: a) operate its business with due diligence and efficiency and maintain an adequate staff to properly serve all customers; own, install and keep in good order and condition free from liens or rights of third parties, fixtures and equipment of first class quality; and carry at all times such stock of goods and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premises consistent with good business practices; b) conduct its business in the Leased Premises during such hours and on such days as the Lessor from time to time requires or permits and at no other time. However the Lessee is not required or permitted to carry on its business during any period prohibited by any law regulating the hours of business. If the Lessee fails to open on 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 the display windows and signs (if any) in the Leased Premises well -lit during the hours the Lessor designates from time to time, acting reasonably; 41 Lease for Stall Space — City Market Schedule C ME d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale from the Leased Premises, and not use any portion of the Leased Premises for office, clerical or other non- selling purposes except minor parts reasonably required for the Lessee's business in the Leased Premises; e) abide by all rules and regulations and general policies formulated by the Lessor, acting reasonably, from time to time relating to the delivery of goods to the Leased Premises; f) not allow or cause to be committed any waste upon or damage to the Leased Premises or any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the City Market or which unreasonably disturbs or interferes with or annoys any third party, or which may damage the City Market; g) not allow or cause to be done any act in or about the Common Areas or the City Market which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's flow of traffic in any way, obstructs the free movement or parties doing business in the City Market; h) not allow or cause business to be solicited in any part of the City Market other than the Leased Premises, nor display any merchandise outside the Leased Premises at any time without the prior written consent of the Lessor; i) use the name designated for the City Market by the Lessor from time to time and all insignia or other identifying names and marks designated by the Lessor in connection with the advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (i); j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on the roof of any building forming part of the City Market or on any exterior walls of the Leased Premises or in any of the Common Areas. Any such installation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical devices in a manner so that they can be heard or seen outside of the Leased Premises without the prior written consent of the Lessor. If the Lessee uses any such equipment without receiving the prior written consent of the Lessor, the Lessor shall be entitled to remove such equipment without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; 1) not install or allow in the Leased Premises any equipment which will exceed or overload the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which the Lessor has not approved. If the Lessee requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if they are available elect to install them at the Lessee's expense and in accordance with plans and specifications to be approved in advance in writing by the Lessor; m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the Leased Premises or overload the floors of the Leased Premises. Any such machinery, equipment, article or thing shall be subject to removal by the Lessor without notice at any time 42 Lease for Stall Space — City Market Schedule C 12- 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 pertaining to or affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Leased Premises, and the regulations of 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 the Lessee shall thereupon forthwith discontinue the sale of any item, merchandise, commodity or the supply of any service or the carrying on of any business, any of which is either prohibited by this Section 7.03 or which the Lessor, acting reasonably, determines is not directly related to the business set out in Section 7.01. The Lessee will not allow or cause the use of any part of the Leased Premises for any of the following businesses or activities: the sale of secondhand goods or surplus articles, insurance salvage stock, fire sale stock or bankruptcy stock; ii. the sale of goods, except as may be specifically permitted by the provisions of Section 7.01; iii. an auction, bulk sale (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder), liquidation sale, "going out of business" or bankruptcy sale, or warehouse sale; iv. any advertising or selling procedures which would, or any sale or business conduct or practice which would, because of the merchandising methods or quality of operation likely to be used, in either case in the Lessor's opinion, tend to lower the character of the City Market or harm or tend to harm the business or reputation of the Lessor or reflect unfavourably on the City Market, the Lessor or other tenants in the City Market or tend to confuse, deceive, mislead or be fraudulent to the public; or v. a mail order business 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 43 Lease for Stall Space — City Market Schedule C - Page 13 - of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives shall have the right at the Lessee's expense, payable as Additional Rent within fifteen (15) days of receipt of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant to this Section 7.04 shall survive the expiration or earlier termination of the Term. ARTICLE VIII FIXTURES, ALTERATIONS AND REPAIRS AND LESSOR'S CONTROL OF CITY MARKET 8.01 Installations by the Lessee All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in form, content and such detail as the Lessor may reasonably require for such work at the time approval is sought. The Lessee covenants that any work that may be done in respect of the Leased Premises by or on behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural nature or that would lessen the value or Rentable Area of the Leased Premises or the City Market, or would interfere with the usage of the Common Areas. All alterations, decorations, additions and improvements made by the Lessee or made by the Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or improvements. Such alterations, decorations, additions and improvements shall not be removed from the Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shall remove all such alterations, decorations, additions and improvements and restore the Leased Premises as required by the Lessor. 8.02 Maintenance and Repair by the Lessee The Lessee will at all times keep the Leased Premises (including exterior entrances and all glass and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition and repair (including periodic painting or redecorating and preventative maintenance as determined by the Lessor and including such repairs or replacements as are required to keep the Leased Premises in good repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality and class equal to the original work or installations. 8.03 Signs, Awnings, Canopies The Lessee will not place or suffer to be placed or maintained on any exterior door, wall or window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Leased Premises without first obtaining the Lessor's written approval and consent. The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thing as may be approved in good condition and repair at all times, and in addition to the foregoing, the Lessee shall maintain any signs or displays of its goods or wares which 44 Lease for Stall Space — City Market Schedule C 14- may be seen from the exterior of the Leased Premises in a manner which is in keeping with the character of the City Market of which the Leased Premises form a part and which is designed to enhance the business of the Lessee. 8.04 Surrender of Leased Premises Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair, reasonable wear and tear only excepted. Without limiting the generality of the foregoing, at the expiration or earlier termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only excepted, and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for the payment of Rent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, such fixtures and personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or earlier termination of the Term of this Lease. 8.05 Lessee to Discharge all Liens The Lessee will ensure that no construction or other lien or charge, or notice thereof, is registered or filed against: a) the City Market or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the Leased Premises. by any person claiming by, through, under or against the Lessee or its contractors or subcontractors. If such a lien or charge or notice thereof is registered or filed and the Lessee fails to discharge it within five (5) days after written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to be due into court or directly to the claimant and the Lessee will pay to the Lessor as Additional Rent on demand all costs (including legal fees) incurred by the Lessor in connection therewith, together with an administrative overhead charge of fifteen percent (15 %) thereon. 8.06 Rules and Regulations The Lessee will comply with the Rules and Regulations. The Lessor reserves the right from time to time to amend or supplement the Rules and Regulations. Notice of such amendments and supplements, if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and observe all such amendments and supplements, provided that no Rule or Regulation shall contradict any provision of this Lease. The Lessor shall not be responsible to the Lessee for non - observance or violation of any of the provisions of such Rules and Regulations by any other tenant of the City Market or of the terms of any other lease of premises in the City Market and the Lessor shall be under no obligation to enforce any such provisions. All Rules and Regulations shall be enforced against the Lessee in a non - discriminatory manner. 8.07 Maintenance and Repair by the Lessor The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be maintained and repaired, the structure of the City Market, including without limitation, the foundations, exterior weather walls, subfloor, roof, bearing walls and structural columns and beams of the City Market. If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such maintenance or repairs, together with an administrative fee of fifteen percent (15 %) of such costs. 45 Lease for Stall Space - City Market Schedule C 15- 8.08 Control of City Market by Lessor The City Market and the Common Areas are at all times subject to the exclusive control and management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by the establishment of rules and regulations and general policies with respect to the operation of the City Market or any part thereof at all times throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems; provide supervision and policing services for the City Market; close all or any portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the City Market; obstruct or close off all or any part of the City Market for the purpose of maintenance, repair or construction, employ all personnel, including supervisory personnel and managers necessary for the operation, maintenance and control of the City Market; use any part of the Common Areas from time to time for merchandising, display, decorations, entertainment and structures designed for retail selling or special features or promotional activities; designate the areas and entrances and the times in, through and at which loading and unloading of goods shall be carried out; control, supervise and generally regulate the delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in the manner and the times and places at which same is to be placed for collection (if the Lessor for the more efficient and proper operation of the City Market provides or designates a commercial service for the pickup and disposal of refuse and garbage instead of or in addition to the service provided by the municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level, location, arrangement or use of the City Market or any part thereof; construct other buildings or improvements in the City Market and make changes to any part thereof; construct other buildings or improvements in the City Market and make changes to any part of the City Market; and do and perform such other acts in and to the City Market as in the use of good business judgment the Lessor determines to be advisable for the more efficient and proper operation of the City Market. Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its rights as set out in this Section 8.08, the Common Areas are diminished or altered in any manner whatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease. 8.09 Lessor's Right to Enter Leased Premises a) It is not a re -entry or a breach of quiet enjoyment if the Lessor or its authorized representatives enter the Leased Premises at reasonable times to: i. examine them; 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 interruption of business resulting from any entry. 46 Lease for Stall Space — City Market Schedule C - Paae 16 - 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: i. All -risk insurance upon property owned by the Lessee or for which the Lessee is legally liable (including, signs and plate glass) and which is located within the City Market in an amount of not less than the full replacement cost thereof; ii. Comprehensive General Liability with minimum limits of at least Two Million Dollars ($2,000,000.00) or such higher limits as the Lessor may reasonably require from time to time. This policy shall include: a) The City added as an Additional Insured; b) Inclusive limits for bodily injury and property damage; c) Personal injury liability; d) Tenant's Legal Liability; e) Contractual Liability with respect to this Lease; f) Premises, Property and Operations; g) Completed Operations; h) A Cross Liability Clause; i) A Thirty (30) days written notice of Cancellation shall be given to the City of Saint John. iii. The Lessee shall also provide any other form of insurance as the Lessee or the Lessor may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would insure. b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable after the placing of the required insurance. All policies shall contain an undertaking by the insurers to 47 Lease for Stall Space — City Market Schedule C 17- 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 connection therewith to effect such insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of the Lessor under this Lease. 9.02 Increase in Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. If the Lessee is in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance policies taken out or maintained by the Lessor, or if any insurance policy upon the Leased Premises or the City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the Lessor, and if the Lessee shall fail to do so within twenty -four (24) hours of such written request, the Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at its option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in full to the date of such determination of the Lease, and together with an amount equal to the Gross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make the fire insurance rate of the Leased Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount thereof shall be deemed to be and be paid as Additional Rent. 9.03 Loss or Damage The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage results from the negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi- public work. All property of the Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, without limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply of any utilities to the Leased Premises. 48 Lease for Stall Space — City Market Schedule C 18- 9.04 Indemnification of the Lessor The Lessee will indemnify the Lessor, and save harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and /or damage to property arising from or out of any occurrence in, upon or at the Leased premises, the occupancy or use by the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation. ARTICLE X DAMAGE, DESTRUCTION AND EXPROPRIATION 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 have effect: a) If the Leased Premises are rendered partially unfit for occupancy by the Lessee, Gross Rent only shall abate in part only, in the proportion that the part of the Leased Premises rendered unfit for occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased Premises are rendered wholly unfit for occupancy by the Lessee the Rent hereby reserved shall be suspended in either event until the day following a reasonable period (taking into account the extent of the Lessee's restoration) following completion of the Lessor's restoration; b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the Architect shall be incapable of being rebuilt and/or repaired or restored with reasonable diligence within 180 days of the happening of such destruction or damage, then the Lessor may at its option terminate this Lease by notice in writing to the Lessee given within thirty (30) days of the date of such destruction or damage and in the event of such notice being so given this Lease shall cease and become null and void from the date of such destruction or damage and the Lessee shall immediately surrender the Leased Premises and all interest therein to the Lessor and the Rent shall be apportioned and shall be payable by the Lessee only to the date of such destruction or damage and the Lessor may re -enter and repossess the Leased Premises discharged of this Lease; If the Leased Premises are capable of being rebuilt and /or repaired or restored within 180 days of the happening of such damage or destruction or if within the period of thirty (30) days referred to in Section 10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's restoration) complete the restoration of the Leased Premises. The certificate of the Architect shall bind the parties as to the (i) extent to which the Leased Premises are unfit for occupancy; (ii) time required to rebuild and /or repair or restore the Leased Premises; and (iii) due completion of repairs. 10.02 Total or Partial Destruction of City Market In the event that a substantial portion of the City Market shall be expropriated or damaged or destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the Term of this Lease shall expire upon the third (3nd) day after such 49 Lease for Stall Space — City Market Schedule C 19- notice is given, and the Lessee shall vacate the Leased Premises and surrender the same to the Lessor. 10.03 Abatement of Rent Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X shall be limited to an amount equal to the amount which the Lessor collects under any rental income insurance. 10.04 Expropriation Awards The Lessor and the Lessee will co- operate with each other if there is an expropriation of all or part of the Leased Premises or the City Market, so that each may receive the maximum award that it is entitled to at law. To the extent, however, that a part of the City Market, other than the Leased Premises, is expropriated, the full proceeds that are paid or awarded as a result, will belong solely to the Lessor, and the Lessee will assign to the Lessor any rights that it may have or acquire in respect of the proceedings or awards and will execute the documents that the Lessor reasonably requires in order to give effect to this intention. ARTICLE XI STATUS STATEMENT, SUBORDINATION AND ATTORNMENT 11.01 Status Statement Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any prepaid Rent or deposits held by the Lessor, whether there is any existing default and the particulars, and any other information required by the party requesting it. 11.02 Power of Attorney The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power and authority to execute and deliver in the name of the Lessee any instruments or certificates required to carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen (15) days after the date of a written request by the Lessor to execute such instruments. ARTICLE XII TRANSFERS BY LESSEE 12.01 Transfer Defined "Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture (floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that 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 a Transfer described in clause (iv) the Transferor is the person that has effective voting control before the Transfer and the Transferee is the person that has effective voting control after the Transfer). 50 Lease for Stall Space — City Market Schedule C - Page 20 - 12.02 Consent Required The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in each instance which consent may not be unreasonably withheld. Notwithstanding any statutory provisions to the contrary, Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor refuses consent to a Transfer within twenty -four (24) months of either the Commencement Date or a previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective and no consent shall be given unless the following provisions have been complied with: There is no default of the obligations of the Lessee under this Lease; 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; iii. A duplicate original of the documents affecting the Transfer shall be given to the Lessor within thirty (30) days after the execution and delivery thereof; iv. The Transferee, except in the case of a Transfer described in Section 12.01(iv), shall have assumed in writing with the Lessor the due and punctual performance and observance of all the agreements, provisions, covenants and conditions hereof on the Lessee's part to be performed or observed from and after the effective date of the Transfer. The Lessee acknowledges that the factors goveming the granting of the Lessor's consent to any Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the Lessor, the financial background, business history and the capability of the proposed Transferee in the Lessee's line of business, and the nature of the business practices of the proposed Transferee. The consent by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the Transferee, and apply the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or any Indemnifier from the further performance by the Lessee of covenants on the part of the Lessee herein contained. Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall not be released from performing any of the obligations of the Lessee under this Lease. Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the Lessor or its solicitors, and any and all legal costs and the Lessor's then - standard fee with respect thereto or to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand as Additional Rent. 12.03 No Advertising of Leased Premises The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the foregoing, unless the complete text and format 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 51 Lease for Stall Space — City Market Schedule C � ;e b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re -enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Lease. 13.02 Right to Re-Let Should the Lessor elect to re- enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re -let the Leased Premises, and re -let the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon each re- letting all rentals received by the Lessor from such re- letting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor; second, to the repayment of any reasonable costs and expenses of such re- letting, including brokerage fees and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the same may become due and payable hereunder. If such Rent received from such re- letting during any month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re -entry or taking possession of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re- letting without termination, the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required. 13.03 Legal Expenses In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee 52 Lease for Stall Space — City Market Schedule C - Page 22 - to be kept or performed and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable solicitors' and counsel fees on a solicitor and his client basis. 13.04 Bankruptcy The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on the Leased Premises shall be at any time during the Term seized or taken in execution or attachment by any creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the Leased Premises shall without the written consent of the Lessor become and remain vacant for a period of fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt to abandon the Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or any of them from the Leased Premises so that there would not in the event of such abandonment, sale or disposal be sufficient goods on the Leased Premises subject to distress to satisfy the Rent above due or accruing due, then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent shall immediately become due and be paid and the Lessor may re -enter and take possession of the Leased premises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises were holding over after the expiration of the Term and the Term shall, at the option of the Lessor, immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and determined, and in every one of the cases above such accelerated Rent shall be recoverable by the Lessor in the same manner as the Rent hereby reserved and if Rent were in arrears and the said option shall be deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein. 13.05 Lessor May Perform Lessee's Covenants If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of the Leased Premises or any part thereof as the Lessor may consider requisite or necessary. All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, together with an administrative fee equal to fifteen (15 %) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional Rent. 13.06 Waiver of Exemptions from Distress Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress; and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night, method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful where the Lessee owes arrears of Rent at the time of the distress. 13.07 Remedies Cumulative No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or preclude the Lessor from exercising or invoking any other remedy in respect thereof, whether allowed at law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Lessor may from time to time exercise any one or more of such remedies independently or in combination. 53 Lease for Stall Space — City Market Schedule C - Paae 23 - ARTICLE XIV MISCELLANEOUS 14.01 Overholding If the Lessee remains in possession of the Leased Premises after the end of the Term and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Term hereby granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from month to month at monthly rent payable in advance on the first day of each month equal to the sum of- i. one and one half (1 '/2) 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 term, 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 shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement or any cheque or any letter accompanying any cheque or payment as Rent be deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided. 14.05 Entire Agreement This Lease sets forth all the covenants, promises, agreements, conditions and understandings between the Lessor and the Lessee concerning the Leased Premises and there are no covenants, promises, agreements, conditions or representations, either oral or written, between them other than are herein and in the said schedules and rider, if any, set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee unless reduced to writing and signed by them. 14.06 No Partnership The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee. 54 Lease for Stall Space — City Market Schedule C 24- 14.07 Force Majeure In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other payments required by the terms of this Lease, nor entitle the Lessee to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 14.08 Notices Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessor at: CIO The Common Clerk, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 41-1, with a copy to Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 41-1, 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 its head office at 31 Anchors a Avenue Saint John, New Brunswick, E2K 51113. Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or transmitted or on the third day that there is postal delivery following the day on which such notice is mailed, as the case may be. Either party may at any time give notice in writing to the other of any change of address of the party given such notice and from and after the giving of such notice the address therein specified shall be deemed to include any request, statement or other writing in this Lease provided or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there is more than one party named as Lessee, notice to one shall be deemed sufficient as notice to all. 14.09 Place for Payment of Rent The Lessee shall pay the Rent. Including all Additional Rent, at the office of the Lessor specified in Section 14.08 or as such place or places as the Lessor may designate from time to time by notice in writing: currently to the Cashier's Office, City Hall, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 41-1. 14.10 Approval in Writing Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given in writing by the Lessor before same and shall be deemed to be effective. 14.11 Governing Law The Lease is to be governed by and construed according to the laws of the Province of New Brunswick. 14.12 Captions and Section Numbers The captions, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles or of this Lease, nor in any way affect this Lease. 55 Lease for Stall Space — City Market Schedule C 25- 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 law. 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 its own risk and the Lessee hereby agrees to release and indemnify and save harmless the Lessor from and against any and all manner of actions, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or arising out of breakage, blockage, overflow or other problem of the water or sewage fines. 14.19 Decibel Level The Lessee shall not commence the operation of a HODO cookie machine upon /in Stall 5 until the Lessee, at its costs, provides to the Lessor a Certificate from a Certified Industrial Audiologist certifying that the noise of /from the said HODO cookie machine at any time during its operation does not exceed 65 decibels at the limits of Stall 5; during the term hereof, and any renewal, the Lessee may operate a HODO cookie machine upon /in Stall 5 provided that the noise of /from the said HODO cookie machine at any time during its operation does not exceed 65 decibels at the limits of Stall 5; in the event that the noise of /from a HODO cookie machine at any time during its operation exceeds 65 decibels at the limits of Stall 5, the Lessee shall cease the operation of the said HODO cookie machine and shall not resume or begin again the operation of the said HODO cookie machine until the Lessee, at its cost, provides to the Lessor a Certificate from a Certified industrial Audiologist certifying that the noise of /from the said HODO cookie machine at any time during its operation does not exceed 65 decibels at the limits of Stall 5. 56 SCHEDULE "D" RULES AND REGULATIONS All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by the Landlord. 2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such controls as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises and/or the City Market. 3. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not be burned in or about the Leased Premises. 4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or connected without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and without such direction no boring or cutting for wires or pipes shall be permitted. 5. The Tenant will be required to remain open for business as follows: a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. 6. The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Tenant. 7. The Tenant shall use at the cost of the Tenant a national recognized pest extermination contractor. 8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any wails, ceilings, partitions, floors, wood, stone or iron without the written consent of the Landlord. 9. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit any cooking in the Leased Premises without the written consent of the Landlord. 10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for any purpose other than ingress to and egress from the Leased Premises. 11. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees shall not bring in or take out, position, construct, install or move any safe or other heavy equipment or furniture without first obtaining the consent in writing of the Landlord. In giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platforms to distribute the weight thereof. All damage done to the City Market by moving or using any such safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. The moving of all equipment and the furniture shall occur only during those hours when the City Market shall not be open for business or any other time consented to by the landlord. 57 V SCHEDULE "D" RULES AND REGULATIONS Page 2 12. All persons entering and leaving the building in which the Leased Premises are situated must do so during hours the City Market is staffed by City Market employees. The Landlord at its sole discretion may determine the hours the City Market is staffed. Tenants shall register in books if so required by the Landlord when accessing the Market "after Market hours ". The Landlord is under no responsibility for failure to enforce this rule. 13. The Tenant shall not place or cause to be placed any additional locks upon any doors of the Leased Premises without the approval of the Landlord and subject to any conditions imposed by the Landlord. 14. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for the purposes permitted by the lease to which these rules and regulations are annexed. 15. Subject to the Landlord's providing such service, the Tenant shall permit window cleaners to clean the windows of the Leased Premises from time to time and at reasonable times. 16. Any hand trucks, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 17. No animals or birds shall be brought into the Leased Premises except as permitted by the lease to which these rules and regulations are annexed. 18. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit the delivery of any food or beverage to the Leased Premises without the approval of the Landlord. 19. The Tenant shall not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parked in the parking areas. 20. The Tenant may only sell merchandise that is approved by the Landlord through their lease or otherwise. 21. The Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas adjacent to the Leased Premises. 22. The Tenant shall not use or permit any of the Leased Premises to be used in such a manner as to cause annoying noises or vibrations or offensive odours. 23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor. 24. A set of plans must be presented and the approval must be given by the landlord for any improvements or painting, etc. to the stands (including signs). 25. Merchandise, displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on each stand. 26. No solid dividers are to be placed between the top and bottom meat hook bars. 27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be swept and washed down properly. 28. Covers are not to be placed over merchandise on stands without the prior approval of the Landlord. 29. Signage is to be in keeping with the historic character of the City Market and must meet the following criteria: 58 SCHEDULE "D" RULES AND REGULATIONS Page 2 Materials: Wood and metal are considered to be appropriate materials. Plastic may be used provided that it looks like one of the acceptable materials. Internally - illuminated plastic faced box signs will not be acceptable; Number of Signs: Each tenancy will be permitted one bench -top sign on each bench (7' -0" length), or one projecting sign on each aisle -side that identifies the business by name and type; Bench -top Signs: These signs are the preferred primary form of signage. They must be located Ito 2 inches above the top rail of the bench, and should display the business name. They will consist of a 8" high by 6' -0" long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two -sided signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide. Only one per tenancy per aisle side shall be permitted as Business identifications; Lighted Signs: Not permitted; Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be permitted. They may not exceed 8.5" x 11" in size, and must not excessively obscure the view through the bench between the first and last rail above the bench. 59 SCHEDULE "D1" 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 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 PAYMENT AUTHORIZATION below, for the purpose of paying monthly rentals as noted above. "PLEASE ENCLOSE AN UNSIGNED SAMPLE CHEQUE FROM YOUR BANK OR TRUST COMPANY" AUTHORIZATION TO HONOUR PAYMENT$ 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. - SCHEDULE "D1" -2- If the financial institution indicated above is not a bank in which THE BANK ACT OF CANADA applies, "cheque" as unused in this authorization shall include an "Order" that would be a cheque within he meaning of section 165 in THE BILLS OF EXCHANGE ACT (CANADA). Any delivery of this authorization to you will constitute delivery by the undersigned. (The signature appearing below must be the same as the signature appearing in the signature file of the financial institution identified above.) DATE: M AUTHORIZED SIGNATURE(S) REPORT TO COMMON COUNCIL M & C — 2010 -300 September 10, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STOP -UP AND CLOSE PORTION OF FORT DUFFERIN ROAD BACKGROUND: City of Saint John Hughes Surveys and Consultants Inc. are representing Dufferin Point Inc. who acquired the surrounding land, adjoining Fort Dufferin Road. The proponent plans to construct apartment /condos on the site in the near future. If the portion of Fort Dufferin Road is closed, the adjoining land owner proposes that the closed portion of the street be conveyed to Dufferin Point Inc. to be included in their proposed development project. It has been suggested that the conveyance of the "to be closed" street occur when Dufferin Point Inc. conveys a large shoreline parcel to the City with no monetary consideration paid between the two parties. The large shoreline parcel would be substantially more than would be required under the Subdivision By -law for Land for Public Purposes (LPP). The proponent would be responsible for the advertising costs, translation and surveying costs associated with the street closure consideration. The portion of Fort Dufferin Road that is requested to be closed is undeveloped with no municipal services and does not serve as a means of access to any property. Municipal Operations have no objection to the closure and subsequent sale of this portion of Fort Dufferin Road. Staff will provide a further report to Council for their consideration on this matter once the details have been concluded. The recommendation contained in this report will facilitate the process to initiate the street closure of the subject property. RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 292 square metre f portion of a public street known as Fort Dufferin Road, be set for Tuesday, October 12, 2010 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development CL /c 62 J. Patrick Woods, C.G.A. City Manager E PX4be- 7, Iw Portion of Fort Dufferin Road to be closed. Description of Plan: Portion of Undeveloped Fort Dufferin Road to be considered for Stop -up and Closure. N PID: N/A Address: Fort Dufferin Road Pan: N/A Date: September 7, 2010 63 N -ma 00 OL pill t C: 64 0 1 141V qe op tp 4, t;4W.- f�� i3�{ I R j, 2H REPORT TO COMMON COUNCIL M &C2010 -310 September 13, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: The City of Saint Tohn SUBJECT: Engineering and Construction Management Services — Rehabilitation of Cottage Hill and Rockwood Park Water Storage Reservoirs BACKGROUND M & C 2010 -269 requested that Common Council authorize staff to conduct appropriate negotiations for the engagement of an engineering consultant to carry out engineering design and construction management services for the Rehabilitation of the Cottage Hill and Rockwood Park Water Storage Reservoirs. This project has been approved under the Infrastructure Stimulus Fund (ISF). The ISF Agreement requires that all eligible project costs be incurred by March 31, 2011. In order to meet this deadline it is necessary to complete all design work so that the tender can be advertized for construction to start in early fall of 2010. PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for this project. The project includes the funding necessary to engage engineering services to complete the following: • Site survey and preliminary investigation; • Preliminary design, cost estimates and design report; • Detailed design and specifications preparation; and • Construction management services ANALYSIS On August 12, 2010 (M &C 2010 -269) Common Council approved a recommendation authorizing staff to conduct the necessary negotiations with Crandall Engineering Ltd. to carry out design and construction management services for the Rehabilitation of Cottage Hill and Rockwood Park Water Storage Reservoirs. 65 M &C2010 -310 September 13, 2010 Page 3 On September 8, 2010 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Crandall Engineering Ltd. In response, Crandall Engineering Ltd. submitted a proposal on September 9, 2010. The following staff completed an analysis of the submission: ■ Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering ■ Brent McGovern, P.Eng. Deputy Commissioner, Saint John Water ■ Nicole Taylor, M.Eng., P.Eng. Operations Manager, Water Resources & Quality ■ Dave Logan, CPPB Purchasing Agent / Manager, Materials and Fleet Management Each member completed a review of the submission and a subsequent meeting was held to jointly discuss the information presented in the Crandall Engineering Ltd. proposal. The upset price contained in the proposal was also evaluated and staff agreed that the consultant's requested fee was appropriate for submission to Council for approval. The submission from Crandall Engineering Ltd. met all of the requirements of the proposal call, in a manner acceptable to the committee, with a cost effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from Crandall Engineering Ltd. to provide engineering design and construction management services is approximately $122,873 including the City's eligible HST rebate. An amount of $600,000 ($200,000 City Share and $400,000 Other Share) is included in the approved ISF Agreement for Rehabilitation of Cottage Hill and Rockwood Park Water Storage Reservoirs. A contract for the construction costs will be tendered later this fall which will utilize the remaining available budget for the project (477,127). Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council has authorized staff with the approval of M &C 2010 -269 to conduct negotiations for the engagement of an engineering consultant for this project. The consultant's proposed fee is approximately 20% of the total overall project cost which is considered appropriate for this type of project. .. M &C2010 -310 September 13, 2010 Page 3 RECOMMENDATION It is recommended that the proposal from Crandall Engineering Ltd. for engineering services (design and construction management services) for the Rehabilitation of Cottage Hill and Rockwood Park Water Storage Reservoirs project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 67 REPORT TO COMMON COUNCIL M &C2010 -308 September 9, 2010 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, M. The City of Saint John SUBJECT: CONTRACT NO. 2010 -14: ROTHESAY AVENUE AND SIMPSON DRIVE WASTEWATER PUMPING STATIONS — MECHANICAL AND ELECTRICAL SYSTEMS UPGRADES BACKGROUND This Contract consists of two projects that are approved in the 2009 Water & Sewerage Utility Fund Capital Program as follows: Rothesay Avenue Wastewater Pumping Station - the work includes all necessary labour, materials and equipment for the removal of the existing pumping equipment, plant piping, valves and electrical components and the installation of three new dry -pit submersible pumps and motors, plant piping, valves and electrical components, including a manual transfer switch and other related work. Simpson Drive Wastewater Pumping Station - the work includes all necessary labour, materials and equipment for the removal of existing plant piping and valves and the installation of one new self - priming pump and motor, plant piping, valves and electrical components, including a manual transfer switch and other related work. TENDER RESULTS Tenders closed on September 1, 2010, with the following results: 1. Filtrum Inc. $ 486,013.00 Quebec, QC 2. The State Group Inc. $ 692,475.30 Saint John, NB The Engineer's estimate for the work was $606,810.00. .: M &C2010 -308 September 9, 2010 Page 2 ANALYSIS The tenders were reviewed by staff and all 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 two capital work projects. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on these projects that will be performed by City forces and others. The analysis concludes that a total amount of $670,000.00 was provided in the budgets and that the projected completion cost of the two projects included in the contract is estimated to be $548,057.34, including the City's eligible H.S.T. rebate - a $121,942.66 positive difference in the Water & Sewerage Utility Fund Capital Program. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No.2010 -14: Rothesay Avenue and Simpson Drive Wastewater Pumping Stations — Mechanical and Electrical Systems Upgrades, be awarded to the low tenderer, Filtrum Inc., at the tendered price of $486,013.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering .• J. Patrick Woods, CGA City Manager M & C — 2010 -298 September 10, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Lease Renewal for #223 Rodney Terminal Sewer Outfall Saint John Port Authority Property BACKGROUND: The City of Saint John leases from the Saint John Port Authority sub - surface rights (easements) for a series for sewer lines which cross at various locations under and along Port property. Lease #223 concerns an 84 inch diameter sewer outfall at Rodney Terminal (West Saint John). The subject portion of sewer line was built in the early 1970's by the Port Corporation to accommodate the expanded Port facilities. Prior to the construction of the Western Collector Trunk Sewer System, this line served as the Lower Westside's main outlet for sewerage. It now serves as an overflow outlet for the new Market Place Pumping Station. The most recent Lease expired on June 30, 2010. City staff is working with the SJPA to create one easement agreement for all sewer lines and outfalls on Port property. However, this agreement has not yet been finalized. Therefore, the Port has notified the City that it is prepared to renew the lease for a further period of one (1) year with a marginal increase in the rent from $2,660.00 to $2,740.00 +HST. The purpose of this report is to recommend the extension of Port Lease #223 for one additional year. RECOMMENDATION: That The City of Saint John renew Lease #223 (Rodney Terminal Sewer Outfall) with the Saint John Port Authority for a further one year term commencing Julyl, 2010 at an annual rent of $2,740.00 plus HST (if applicable); and that the Mayor and Common Clerk be authorized to sign the letter of renewal attached hereto. Respectfully submitted, Ken Forrest, MCIP, RPP J. Patrick Woods, CGA Commissioner, Planning & Development City Manager CL /c 70 ** 20 *39ud _1d101 ** August 26, 2010 CITY OF SAINT JOHN P.Q. Box 1971 Saint John, N. B. E2L 41-1 Attention: Curtis Langille SAINT JOHN PORT AUTHORITY ]R* _SAIN9TJ HN ADMINISTRATIO'N PpR'I'UA[kr 171, SAWT JOHN Via Telecopier 9- 668 -2837 Re: City of Saint John, Easement 223 — Rodney Terminal Sewer Outfall The renewal of subject easement between the Port Authority and the City of Saint John expired on June 30, 2010. As you are no doubt aware, we have been working to develop one easement agreement for all sewer lines and outfalls on Port property. The new easement document has not been finalized therefore, we would like to confirm that the fort Authority is prepared to extend the subject agreement until June 30, 2011 at an annual rate of $2,740.00 plus applicable taxes_ All of the remaining terms and conditions, except as amended above, shall continue for the extended term. Please review this matter and if you agree, sign and return this letter as confirmation at your earliest convenience. In the meantime if you have any questions or concerns, please do not hesitate to contact me by phone at 636 -4982 or by e-mail at pflemming@sjport.com. Yours truly, AUTHORITY The CITY OF'S�JORN accepts the terms and conditions of the SAINT JOHN PORT AUTHORITY'S letter dated August 26, 2010. THE CITY OF SAINT JOHN Per And Common Council Resolution: , 2010 Canada. 133 PAZ" William Street, 5th lbor 154 &W • Saint John • NB • Canada • E2L 2155 Tcl / Td: 506.636.4869 • Fax / 'fa& 506.636.4443 • &mail / Courriel: port@ portcom • www.4porLoom 71 ao'd ZE828S96 01 Ebbb SCS 909 iA1I8OHinH i�jod r8 dd �_E :8i oiaZ SZ DnH REPORT TO COMMON COUNCIL M &C- 2010 -297 September 7, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 180 -182 Millidge Avenue and 582 -584 Green Head Road BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Lorraine Linton 180 -182 Millidge "R -2" "R -4" To permit a Avenue three - family dwelling Serge Ethier 582 -584 Green Head "R -2" "R -4" To permit a Road three - family dwelling RECOMMENDATION: City of Saint John That Common Council schedule the public hearings for the rezoning applications of Lorraine Linton (180 -182 Millidge Avenue) and Serge Ethier (582 -584 Green Head Road) for Tuesday, October 12, 2010 at 7:00 p.m. in the Council Chamber, 72 M & C — 2010 — 297 - 2 - September 7, 2010 and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager 73 REPORT TO COMMON COUNCIL OPEN SESSION M &C2010 -295 September 1, 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Engineering Inspection Services Peel Plaza City of Saint John As Council is aware, the construction phase of the Peel Plaza Police Headquarters is now well under way. As construction progresses, the City must have confidence that all aspects of construction are performed and completed in accordance with the approved specifications. Typically the contractor, Pomerleau, and the prime consultant and sub - consultants provide very high level inspection services in order to audit the performance of the various sub - trades. The results of these cursory audits, along with any recommendations, are provided to the City. In virtually all construction projects, this level of inspection service does not satisfy requirements of the owner. The owner wishes to be handed over a project which meets specifications in all respects and will be serviceable over the long term. In this regard, it is necessary that more stringent inspection protocols be established and carried out throughout the construction phase of the project. Of immediate concern to the owner (City of Saint John), is a requirement to obtain inspection services relative to soil compaction, concrete strength, rebar placement, and vibration monitoring. These are standard inspection services which all owners typically engage for projects of this size. During the early phases of the architectural design work, the architect of record engages expertise relating to soils investigations in order that structural engineers can design footings and bearing walls for the building. In the case of the police headquarters, Conquest Engineering was engaged for this purpose by DFS Architects. Now that construction is underway, it is customary that the owner engage the same expertise for the ongoing testing over the duration of the 74 M & C 2010 — 295 - 2 - September 1, 2010 construction. The purpose of this report is to recommend that Council engage Conquest Engineering for inspection and testing services. Conquest Engineering is a local company specializing in soils and concrete placing. They are currently engaged by the Province of New Brunswick for inspection services at the new law courts building immediately adjacent to the police headquarters. Both the contractor, Pomerleau, and the architect, DFS, have recommended that Conquest be engaged by the City for the police headquarters project. Conquest has a presence at the law courts site and as such can offer some efficiency for inspection services on the police headquarters site. At the request of the project manager, Conquest has submitted a proposal to provide testing and inspection services for the soils, concrete, rebar, and the seismic monitoring. Staff has reviewed the submitted proposal and has confirmed that the submitted prices for these services are within industry standards. Staff also confirmed that Conquest Engineering has the expertise available to carry out this work. Work of this nature, inspection and testing, is not bid on a lump sum price. Rather, prices are submitted on an hourly basis based on a particular discipline and level of expertise required. The overall price is also primarily driven by the amount of effort (time spent) to complete the work on an ongoing basis. This being the case, it is difficult to predict with a great deal of accuracy the overall price of this service on completion of the project. The overall cost will be dictated and controlled through the direction of the project manager. While the monthly costs for this inspection and testing service will likely be within the City Manager's spending limits on a month to month basis (i.e. less than $25,000), the overall cost for the project will likely be in the order of $150,000 - $200,000. Funds for this service had been identified in the presentation to Council for the police headquarters. This is an anticipated expenditure. Given the early involvement of Conquest, and given the fact that Conquest is working on the law courts building (the Province is satisfied with their work), and given that the pricing proposal is within industry standards and within budget estimates, the following is being recommended. 75 M & C 2010 — 295 - 3 - September 1, 2010 RECOMMENDATION Your City Manager recommends that Conquest Engineering be engaged for inspections and testing services for concrete, soils, and re- enforcing bar placement in accordance with the submitted proposal. Respectfully submitted, Wm. Edwards, P. Eng. Project Manager Patrick Woods, CGA City Manager 76 REPORT TO COMMON COUNCIL August 18, 2010 M &C2010 -274 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Engagement of Engineering Consultant PURPOSE M. The City of Saint John The purpose of this report is to request that Common Council authorize staff to conduct appropriate negotiations for the engagement of an engineering consultant to carry out a preliminary engineering investigation and prepare cost estimates for locating a snow collection and disposal facility (snow dump). BACKGROUND The City of Saint John currently operates and maintains a snow dump located on Bayside Drive. The majority of snow removal occurs in the South Central Peninsula, Lower West Side and North End in Saint John and snow is transported to the Bayside Drive location for disposal. Sedimentation fences and site grading have been put in place to minimize environmental impacts. Yet, the City must be concerned about the environmental implications of its snow dump sites. ANALYSIS It is necessary for the City of Saint John to identify the best possible location for a snow collection and disposal facility from an environmental and operational perspective. Staff recommends the direct engagement of Stantec for the purposes of identifying potential sites within the central core of the city and provide detailed cost estimates associated with construction and maintenance of such a facility. Stantec has demonstrated that they have the expertise to complete this work. They have been successfully involved with the former Lantic Sugar Refinery property analysis. 77 M &C2010 -274 August 18, 2010 Page 2 FINANCIAL IMPLICATIONS The estimated cost of the direct engagement services is approximately $37,000.00. This work is a planned expenditure with funds to cover the cost that are included in the 2010 General Fund Operating Budget. RECOMMENDATION It is recommended that Common Council authorize staff to conduct negotiations for the engagement of Stantec to carry out the preliminary investigation and cost estimate for the ideal location of the Saint John snow collection and disposal facility. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 78 ENTERPRISE SAINT JOHN Inspiring people, ideas & investment • background agenda � 2011 -2013 draft strategic framework input F± direction we last met • 2009 review 2010 priorities • 2011 -2013 strategic framework • input Et direction what do we do exactly.? creating prosperity by supporting and attracting people, ideas and investment the planning process • planSJ • world economy • stakeholder &t community consultations • research • council input &t direction • final plan key findings strong sense of optimism the city is the '0 engine of growth we need to tell our community story dramatic &t positive diversification building momentum Labour force growth in SJ CMA 1971 -2006 35,000 — 30,000 — 25,000 — 20,000 — 15,000 — 10,000 r' 5,000 — 0 — 1971 1976 1981 1986 1991 1996 2001 2006 0 Male M Female While poverty remains an issue in certain Saint John neighbourhoods, the overall population living in poverty is the lowest it has been in over 20 years. This reduction is largely due to higher education levels and greater labour force participation throughout the Saint John Census Metropolitan Area (CMA) Key indicators for SJ CMA 70,000- 1971 -2006 60,000— 50,000 40,000 30,000 20,000 10,000 ■,l 0 86 96 06 86 96 06 Residents Labour force with university size degree 94% 20 year trend 12% 20 year trend III 86 96 06 86 96 06 Population Median living in household poverty income -28% 64% 20 year trend 1 20 year trend The 1990s were a turbulent decade, as Saint John's manufacturing base faced dramatic closings. Today's economy is much more diverse, with IT and health sciences becoming leading sectors of job growth. Key employment trends in SJ CMA 1996 -2006 • Computer and information systems occupations +1515 • Sales, marketing managers +650 • Auditors, accountants and investment professionals +455 • Registered nursing assistants +205 • University professors and assistants +130 • Civil engineers +95 • Social Workers +75 • Creative Artists +50 Key employment trends in SJ CMA 1996 -2006 • Janitors, bldg supers -250 • Industrial electricians -245 • Longshoremen -235 • Machine operators -215 • Metal workers • Service station attendants • Welders • Bank tellers • Journalists One of the biggest challenges facing Saint John is the rate of suburbanization. Dynamic urban regions have a strong city centre - currently, 1 in 2 Greater Saint John residents live in the city, compared to 4 in 5, 50 years ago. Historic populations of the City of Saint John and SJ CMA 140,000 120,000 80,000 60,000 40,000 20,000 IC 1951 1956 1961 1966 1971 1976 1981 1986 1991 1996 2001 2006 = City of Saint John = Saint John CMA organizational assessment and strategic framework themes quality of life education immigration workforce sector -based open for business home team the strategy people, ideas and investment 1. investment attraction fOCUS2. entrepreneurship development areas 3. business support services 4. workforce expansion 5. accountability 6. communications priority sectors health sciences •Tucker Park knowledge cluster • medical and allied health education 2ict • offers strong growth potential • a tri -city sector - collaboration energy • potential for continued energy hub growth • pursue short/ medium/ long term opportunities, including green tourism • support Saint John Destination Marketing • product development advanced manufacturing 0 • si nificant inf rastructure, capital investments and employment emerging -' sectors • mining •financial services what happens next? creating prosperity by supporting and attracting people, ideas and investment ENTERPRISE SAINT JOHN consultation process appendix i participants to date Community Sessions (Grand Bay - Westfield - City of Saint John - Kennebecasis Valley) • Enterprise Saint John Board /Staff - propelICT • Atlantica Centre for Energy • Saint John Waterfront Development • Saint John Construction Association • Moosehead Breweries • UNB Saint John • Irving Oil • NBCC Saint John - NB Department of Energy • Northrup Group • Saint John Real Estate Board • Hardman Group • Business New Brunswick - School Districts 6 Et 8 • ACOA • NB Department Post - Secondary Education, Training Et Labour • FUSION • JD Irving • Wyndham Worldwide • Rodney Weston • PlanSJ Staff • Commercial Properties • Fort Reliance • Saint John Industrial Parks • Port of Saint John • ICT Sector Roundtable • Saint John Destination Marketing • Xerox • Saint John Board of Trade • Dalhousie Medicine New Brunswick • Health Sector Stakeholders Group • Saint John Airport • Arts Et Culture Roundtable • Wallace McCain Institute • Horizon Health Network • NB Securities Commission some of our investment appendix ii attraction clients Floating Pipeline Company Incorporated • Aecon • E. S. Fox • Shawmut Equipment Company Inc. - NTI (Formerly NY Thermal) • TD Insurance • Atelka - Canaport LNG • Emera Energy Services (Bayside Power) • Brunswick Pipeline • East Point Shopping • Costco • Indigo • Counsel Corporation • Cadillac Fairview (McAllister Place) • Atlantic Wallboard • Dalhousie Medicine New Brunswick • Saint John Mill Rats Inspiring people, ideas and investment appendix iii PROPOSED ZONING BY -LAW AMENDMENT RE: 182 GOLDEN GROVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -taw at its regular meeting to be held in the Council Chamber on Monday, September 13, 2010 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 2460 square metres, located at 182 Golden Grove Road, also identified as being PID No. 55101927, from "RS -2" One and Two Family Suburban Residential to "TH" Townhouse, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the construction of a six -unit townhouse building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 182, CHEMIN GOLDEN GROVE Par les presentes, un avis public est donna par 1equel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a l'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 13 septembre 2010 a 19 h Rezonage d'une parcelle de terrain d'une superficie d'environ 2460 metres carrels, situee au 182, chemin Golden Grove, et portant le NID 55101927, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» a zone de maisons en rangee o TH », comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre la construction d'un batiment de maisons en rangee de six unites. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du developpement a I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par ecrit a 1'attention du soussigne e Ph6tel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 I �r 2 Gia To U."01.r orrv. Anthony Watson PC 312025 Golden Grove Road cwimh MmIN) m Ta Wglrr,arlarM Rand -� o a �Q 0 co 2 � Key Plan ScaN . 1.12,300 Lemm. • SYF standard survey marks Imx,d a SNS - slandaN sor if . k.r ..t • fEBF - Ravnd iron bar Iolmd ■ IBF - Sq„ar. Iron bar frond a IPF -Iran pipe Found O CALC - Colpwoled pmnt ♦ NBaM - N B C —rd—t. IA--L ea. m. - sq.— metes A - 0.rc R - Rac— Rod'Pt - Raanus pant �- Centreline �^ line rot In Rd. Fence Plj) - Parcel 'idmL ;fier rfllmb.n Ad AdI-Wd network TOWrWlw ca- ar6r,al. r.f.nne. A.N.B.t.S. - A..ana0.n of N.B LarW Spry )ran NOTES: I. A—.03 and Co- ordinate Whips Y0 , to LM NEW BRUNSWICK GRID CC- ORDINATE SYSTEM (Aa,u Sled Net—k) and — ddr.ved I,om tb. tobulnied New H—s-ak Co- ord;n.ta Monamenls. Comp.Idrtpns parTOrmed and -- ord�nale .macs df _. a'. 0a.d an Inn N.w BYUrISWia4 Slenogrpph;a Douhe Praleatron and the NApB] (CBRS) ep h;c; 2. A.,"otps m. rodnaea to th. arr..t TC Seco.ds. 3 D:elances are Tn METRES W4 m, rowded to the paerst CENTIMETRE 4Londe deolt n =U by th. pion m bwnd.d Lna. 5. P- pl,pral ,,fa —t— and ad,acent o m t n cf—ad from v ous �00,Cae and sho,ld bea enfieb, 6r all plop. d -d documents rWer —n are carded ,n the Req-s" Off- of the Coanty of Saint Jonn a in tb. Prwinc.pl 4a 'd Totles Regatry Tentative Plan Grove Place Subdivision City of Saint John Saint John County, N.B. Sao.. I'aao IE FtIERSTEAD QUIGLEY I L J and ROBERTS Ltd. Saw John. hllew Bnowrldc Dow. D.c.mo.r t I, Mg .ion No. 00 -Da t4 Dwg. No. T -0388 :A t d I "I T 11 N N N m Ta Wglrr,arlarM Rand -� o a �Q 0 co 2 � Key Plan ScaN . 1.12,300 Lemm. • SYF standard survey marks Imx,d a SNS - slandaN sor if . k.r ..t • fEBF - Ravnd iron bar Iolmd ■ IBF - Sq„ar. Iron bar frond a IPF -Iran pipe Found O CALC - Colpwoled pmnt ♦ NBaM - N B C —rd—t. IA--L ea. m. - sq.— metes A - 0.rc R - Rac— Rod'Pt - Raanus pant �- Centreline �^ line rot In Rd. Fence Plj) - Parcel 'idmL ;fier rfllmb.n Ad AdI-Wd network TOWrWlw ca- ar6r,al. r.f.nne. A.N.B.t.S. - A..ana0.n of N.B LarW Spry )ran NOTES: I. A—.03 and Co- ordinate Whips Y0 , to LM NEW BRUNSWICK GRID CC- ORDINATE SYSTEM (Aa,u Sled Net—k) and — ddr.ved I,om tb. tobulnied New H—s-ak Co- ord;n.ta Monamenls. Comp.Idrtpns parTOrmed and -- ord�nale .macs df _. a'. 0a.d an Inn N.w BYUrISWia4 Slenogrpph;a Douhe Praleatron and the NApB] (CBRS) ep h;c; 2. A.,"otps m. rodnaea to th. arr..t TC Seco.ds. 3 D:elances are Tn METRES W4 m, rowded to the paerst CENTIMETRE 4Londe deolt n =U by th. pion m bwnd.d Lna. 5. P- pl,pral ,,fa —t— and ad,acent o m t n cf—ad from v ous �00,Cae and sho,ld bea enfieb, 6r all plop. d -d documents rWer —n are carded ,n the Req-s" Off- of the Coanty of Saint Jonn a in tb. Prwinc.pl 4a 'd Totles Regatry Tentative Plan Grove Place Subdivision City of Saint John Saint John County, N.B. Sao.. I'aao IE FtIERSTEAD QUIGLEY I L J and ROBERTS Ltd. Saw John. hllew Bnowrldc Dow. D.c.mo.r t I, Mg .ion No. 00 -Da t4 Dwg. No. T -0388 Golden Grove Road (Width Varies) o i1� � �-�04, � s .96 r . proposed Driveway u? .. 9. 1 6.7 .71 6.7 .71 .71 ` ` LO: ti : • is '" •ys {_ ;tyi Sri �.i�.r. .` ^ 5 R : ^�:.:;: +�° ®: Trustee Lands C S'• � � y v r�,. E.; +may Ys'�:G+ ` :FU's! •��.,Y} wxF'� k. . , 3.00 y��:,yy{ Area a r y °r< %.: S Y7 3r•,';c• 1fv 1:�� CO 139 ao 0 sq.m. to O r' ; ' ty CNq Lot 1 : Lot 2 :Lot 3 :Lot 4 :Lot 5 Lot 6 -� Area Area Area Area Area Area 224 sq.m.: 155 sq.m. 1 :55 sq.m. 1:55 sq.m. 1:55 sq.m. 224 sq.m. 9.71 • • 6.71 6.71 6.71 6.71 8.68 Right of Way Trustee Lands "T" Area .000� 1390 sq.m. ny Watson 30.65 � 372625 Joseph Richard Jennifer Richard 100 PID 312199 �4PMLT ® - -o, EE ® EE Tentative '0 I . EM No MIR MM MIN IlI�I! Mul _ - GtM.IT ® :t Ell TfUS ' N "OMEs fbr EEI 0 0 Tentative I t� END t�C� d i [� D ELEVATION GrsaP4 uNE '" — cPhCE unE cnwC uNE i~ GR*E'uN[ FF_ FRONT ELEVATION Golden Grove Complex Sept 609 D a r l i n CONSTRUCTIO AYMYT goo= B e H B 13 ® El B e e B B E -- -- _._ --- ._ ._._._._. ----- ._.. --------- .-- .__._..- .._Y._._._._._._ _____.___._. _._._ ,__ -.m _._._._.__ 1 ] f t REAR I'_LEVATION ----------- - - - - -- - - ----------- - - - - -- -- - -- -- - - - - - -- 101 N' Mbdrm First Floor Second Floor Golden Grove Complex 5ept. 8109 —1r -s —2X7 HEADER N' THIS IS A CUSTOM HOMES for GOLDEN GRAVE by Darling Constr4ction 102 Future Rec. Room RSO x 81 wn ME r Ut 1 ; 111.x8' ANCHOR BOLTS 04• —O- O.C. 2 -2x1 HEADER , 8' CONCRETE WALL r I6'ifB' CONCRETE FOOTING 2 -2x8 fEADER z -2x8 r-c a.a Din 1 r\it M r O r S PS T 'p 32 a2' Bath2 1 n ; q ._, 3l.. h W a Bdrm 4' ! Tentative ti .TE 04• L� fnt RSO ss /2x as 112 RSO V s� 2— 6 HEADER 2 -2xi HEADER N' Mbdrm First Floor Second Floor Golden Grove Complex 5ept. 8109 —1r -s —2X7 HEADER N' THIS IS A CUSTOM HOMES for GOLDEN GRAVE by Darling Constr4ction 102 Future Rec. Room 2x8 SILL � GASICEr wn ME r Ut 1 ; 111.x8' ANCHOR BOLTS 04• —O- O.C. I l , 8' CONCRETE WALL r I6'ifB' CONCRETE FOOTING 2 -2x8 fEADER z -2x8 RSD 4 x 42 RSO 4 T �drm3 q h Bdrm 4' all N' Mbdrm First Floor Second Floor Golden Grove Complex 5ept. 8109 —1r -s —2X7 HEADER N' THIS IS A CUSTOM HOMES for GOLDEN GRAVE by Darling Constr4ction 102 Future Rec. Room LLIN 4' CONCRETE FLOOR REINFORCED exext /8- MESH, SLOPED TOWARDS DOOR FOR DRYNAGE- Garage SELF LOSER 2a8 KNEE Wi 45 MDd y,._ IN RAZED WEMS AND CEILING , i9 %7 GARAGE DOOR l LOW OVERHEAD HARDWARE KIT 1 ----- - - - - -- ------ -------- ----------------- tR¢7AAoFA R116FSSRL - - - -- a5ement 1LLT'OFTGNr 1 aV1O1/tiIDl 9191E t FORE �p I�90I1� 1[ALALLYI�O �>I9MLL�Y Yllill cuaairt DOill, w watva�t � Cm a ckwAok 2x8 SILL � GASICEr wn ME r Ut 1 ; 111.x8' ANCHOR BOLTS 04• —O- O.C. I l , 8' CONCRETE WALL r I6'ifB' CONCRETE FOOTING LLIN 4' CONCRETE FLOOR REINFORCED exext /8- MESH, SLOPED TOWARDS DOOR FOR DRYNAGE- Garage SELF LOSER 2a8 KNEE Wi 45 MDd y,._ IN RAZED WEMS AND CEILING , i9 %7 GARAGE DOOR l LOW OVERHEAD HARDWARE KIT 1 ----- - - - - -- ------ -------- ----------------- tR¢7AAoFA R116FSSRL - - - -- a5ement 1LLT'OFTGNr 1 aV1O1/tiIDl 9191E t FORE �p I�90I1� 1[ALALLYI�O �>I9MLL�Y Yllill cuaairt DOill, w watva�t � Cm a ckwAok BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 2460 square metres, located at 182 Golden Grove Road, also identified as PID No. 55101927, from "RS -2" One and Two Family Suburban Residential to "TH" Townhouse - 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. 2010 and signed by: M ayor/Maire ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arretd sur le zonage de The City of Saint John, decrete le dix -neuf ( l 9) decembre 2005, est modif.6 par: I La modification de 1'annexe «A», Plan de nonage de The City of Saint John, permettant de modifier la designation pour parcelle de terrain d'une superficie d'environ 2 460 metres carres, situee au 182, chemin Golden Grove, et portant le N1D 55101927, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales ((RS-2>> a zone de maisons en rangee a TH » - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2010, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troiskme lecture 103 September 9, 2010 Your Worship and Councillors: SUBJECT: Rezoning Application 182 Golden Grove Road On August 16, 2010 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 8, 2010 meeting. This letter deals with the rezoning of the site. Bob Darling, the applicant, was in attendance at the meeting. Mr. Darling spoke in favour of the application and expressed agreement with the staff recommendation. However, one letter was received in favour of the proposal (copy attached). No one appeared to speak in opposition to the application. After considering the report, letter of support and comments made by the applicant, the Committee accepted the recommendations made by staff regarding the rezoning of the property from "RS -2" One and Two Family Suburban Residential to "TH" Townhouse. It should be noted that a further recommendation concerning the subdivision aspect of this application will be provided should first and second reading to the requested rezoning be given by Common Council. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 2,450 square metres, located at 182 Golden Grove Road, also identified as PID No. 55101927, from "RS -2" One and Two Family Suburban Residential to "TH" Townhouse. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the rezoning of the property at 182 Golden Grove Road be subject to the following condition: a) The proponent of the development shall landscape all disturbed areas of the subject site in accordance with a detailed landscaping 104 IPM plan, to be prepared by the developer and subject to the approval of the Development Officer. The required plan shall be attached to the application for building permit for the development. b) All work shown on the approved landscaping plan must be completed no later than one year following the issuance of the required building permit for the development. Respectfully submitted, Terry Cornfield Vice - Chairman " Project No. 10 -302 105 DATE: TO: FROM: FOR: PREPARED BY: Jody Kliffer Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: SEPTEMBER 3, 2010. PLANNING ADVISORY COMMITTEE - COMMUNITY PLANNING + PLANNING AND DEVELOPMENT MEETING OF SEPTEMBER -S, 2010. REVIEWED BY: Ken Forrest, MCIP, RPP Commissioner R.E. Darling R.E, Darling Ltd 182 Golden Grove Road Municipal Plan: Low Density Residential Zoning: Existing: "RS -2" One and Two Family Suburban Residential Proposed: "TH" Townhouse Proposal: To construct six townhouse units. Type of Application: Rezoning and Subdivision SAINT JOHN P.O. Box 1 971 Saint john, NB Canada E2L 4L06I www.saint ohnxa I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 R.E. Darling Ltd. Page 2 182 Golden Grove Road September 3, 2010 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday., September 13, 2010. The Subdivision By -law authorises the Committee to approve access to a lot by means other than a public street. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 2,450 square metres, located at 182 Golden Grove Road, also identified as PID No. 55101927, from "RS -2" One and Two Family Suburban Residential to "TH" Townhouse. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the rezoning of the property at 182 Golden Grove Road be subject to the following condition: a) The proponent of the development shall landscape all disturbed areas of the subject site in accordance with a detailed landscaping plan, to be prepared by the developer and subject to the approval of the Development Officer. The required plan shall be attached to the application for building permit for the development. b) All work shown on the approved landscaping plan must be completed no later than one year following the issuance of the required building permit for the development. 3. That, if and when third reading is given to the proposed rezoning, Common Council: a) Assent to the proposed subdivision of the site with respect to any required municipal services easements. or public utility easements; b) Authorise the preparation and execution of one or more City/Developer subdivision agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. 4. That the Planning Advisory Committee approve the proposed access to Lots 1 to 6 by means other than a public street, as generally illustrated on the submitted subdivision plan. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed townhouse development: • There is municipal water and sanitary on Golden Grove Road. • The property owner is responsible to verify the grades on the existing infrastructure to accommodate gravity connections from the proposed new lots. 107 R.E. Darling Ltd. Page 3 182 Golden Grove Road September 3, 2010 • The developer's epgineering consultant must provide a storm water plan/brief for the collection and management of storm water relative to this site. • There must be a water and sewer service for each dwelling. • All required permits and proper reinstatements will be required by the developer. • The proposed private driveway appears to be in approximately the same location as an existing driveway to this parcel. It is. shown that this -site will utilize only one entry /exit point for all units. • It is not clear from the application but it is assumed that the existing building will be removed prior to this development commencing. Buildings and Inspection Services has stated that due to the steep slope of the site, the developer is encouraged to discuss drainage issues as soon as possible. Building code issues will be addressed as detailed plans become available. Saint John Fire Department has no objection to this application, provided that the National Building & Fire Codes are adhered to and that the plans are submitted to the Department of Public Safety, Building and Technical Inspections Division for review. The Fire Department has identified a number of provisions from the National Building and Fire Codes, which will be communicated to the applicant through the process of acquiring a building permit. Saint John Transit has indicated that the proposed development is on the Saint John Transit "Forest/Glen" route which offers extensive service. Saint John Energy has indicated that it has facilities on Golden Grove Road that can be extended to service the planned development. Any cost for the extension of electrical facilities will be dealt with the developer at a later date. -Bell Aliant has been notified of this application. Rogers has been notified of this application. Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have been notified of this application. ANALYSIS: Site and Surrounding Area The applicant is proposing to construct six new townhouse units at 182 Golden Grove Road, which is located in East. Saint John approximately 1.5 kilometres from the intersection with McAllister Drive. The subject site is situated on Golden Grove Road near the intersection with Westmorland Road The property immediately to the west of the subject site is a one and a half storey, post -war single - family dwelling. The subject site is rocky and currently contains an older two - storey dwelling, which the applicant would remove in order to construct the proposed townhouse units if the application is successful. 108 R.E. Darling Ltd. Page 4 182 Golden Grove Road September 3, 2010 The site contains difficult topography to build on, with a rocky surface and significant slope. Nevertheless, the surrounding area contains a significant number of residential units, including a 21 -unit townhouse development at Longview Court located to the.south west of the subject site, as well as several other multi -unit dwellings off Essex Street and Coldbrook Crescent. Proposal The applicant is proposing to construct six attached townhouse units -on the subject site (see attached site plan). The footprint of each townhouse will be approximately 155 square metres (1,668 square feet). Each townhouse will contain a garage and covered stairway and landing at the front of the unit. At the front of the building, the units will be three storeys high, while at the rear they would be approximately two storeys. The proposal to create six townhouse units at the subject site is a good use of the land nearing the intersection at Westmorland Road. The proposal would create an increase of residential density on the subject lot, which is complementary to other existing developments in the neighbourhood. Such density is favoured around strategic intersections, such as Westmorland Road and Golden Grove Road, from a planning perspective as it makes good- use of existing infrastructure and promotes the growth of a neighbourhood in reasonable proximity to other amenities. In this regard, the subject area is within the serviced region of the city, and along a major transit route, as indicated by Saint John Transit. Furthermore, the development of townhouses in this area has been supported in the past, such as the Longview Court development, which includes 22 townhouse units. For these reasons, it is staff's opinion that the proposed townhouses fit in the context of the existing built form. The development of townhouses on the proposed lot would add to the existing mixture of housing options in the neighbourhood. Landscanin� The "TH" Townhouse zone requires a minimum landscaped area of 15 %, which is approximately 368 square metres of the subject site. To enhance the limited opportunity for landscaping on the subject property, staff recommend that the proposed driveway (see the attached site plan) be reduced in width from 7.5 metres (24.6 feet) as generally illustrated on the site plan, to approximately 6 metres (19.7 feet). This would enable an approximate 1.5 metres (4.9 feet) of additional landscaping area at the front of the subject property, which would also serve to enhance the aesthetic appeal of the property by providing more green space. In conversations with staff, the applicant has expressed support for this alteration. Proposed Subdivision of the Site The Subdivision By -law provides that all lots must front on a public street or such other access deemed advisable by the Committee. The applicant proposes that the townhouse units be accessed via a common driveway rather than individual driveways from Golden Grove Road for each unit. This approach is supported and the recommendation includes the necessary approval of the Committee. The recommendation also includes Council assent to any required easements, as well as authorisation of any necessary subdivision agreement to ensure provision of the required work and facilities outlined in the input from Municipal Operations and Engineering. 109 R.E. Darling Ltd. Page 5 182 Golden Grove Road September 3, 2010 CONCLUSION: The neighbourhood of the proposed development has a variety of existing housing options that span from higher density rental and condominium units, to older single family homes. The proposed development fits well within this scope of mixed density and housing type, and is located near a prominent intersection in this area of East Saint John. Approval is recommended. JK Project No. 10-302 110 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT a • A • • �Y • f A r � IL- 1 • ♦ RS- ♦ • N • a * _ A • • • wl �Y 1• • i a oa•� � n s � n r S� • I � • ■ ,fl•, ■ I •I•/ ■ � ql 1 n w M1 ,A R M- I L- Subject Site /site en question: I- I r • ♦1 y S_ 1 • ,w ■ ♦ • ■ i• • • • In • • ,11 ■ a — ■ f RM ■ ■A k S - �2 r R.2 +� RS- 1 it 1� Location-, 182 Golden Grove Road Date: August 17, 2010 Scale /6chelle: Not to scale /Pas 6 1'echelie 111 PID(s)INIP(s): 55101927 ♦ "I u a a+c w O oWw3 O 'O aFO =moo V 7 Q°. C v =� N I"" in Ln m W C U a Z O y� a � °w9 C3� I u- a� I vi t j3F Y 112 (j G > U) 2 4 r J A Ad �. o�( - C 0 ¢7 TM 0Q a c i 0 0 c� Q Lr f1f o a� � G c s 0 'q IL � o to 0 0 O o �✓ v 3 V 112 (j G > U) 2 4 r J A Ad �. o�( - C 0 ¢7 TM 0Q a c i 0 0 c� Q Lr f1f o a� � G c s 0 'q IL � o to t i Ir w II Co i t i Ir � ► �ill�,i� 11 i ■� ■■ 1.11,1,E ■■ ■■ � 1 l i l A !! on gill i r ■■ on �.!..�. �. f111: on on Hit on on 1 11 M � E7il � ► �ill�,i� 11 i ■� ■■ 1.11,1,E ■■ ■■ � 1 l i l A !! Davidson, Janessa From: Lynn Conners [connelyn @nb.sympatico.ca] Sent: Sunday, August 29, 2010 7:39 PM To: External - Planning Subject: Rezoning Application at 182 Golden Grove Road Dear Sir, My husband and I reside at 716 Westmorland Road and have for 40 years. We feel the rezoning for new construction at 182 Golden Grove Road would be a great improvement to said property and our community as the house on the property at this time has become very run down. Thank you for this opportunity Mr. & Mrs. Gordon Conners 114 (�. PROPOSED ZONING BY -LAW AMENDMENT RE: 61 BAYSIDE DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, September 13, 2010 at 7:00 p.m., by: PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 61, PROMENADE BAYSIDE Par les prdsentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'dtudier la modification suivante a 1'arret6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 13 septembre 2010 a 19 b 1. Adding the following to the list of zones in 1. Section 30(1): "special zones SZ -27" 2 3 Adding the following as Section 740(27): "Special Zone #27 SZ -27 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: - laboratory or research establishment; - all uses permitted in Section 510(l )(a), subject to any applicable conditions contained in Section 510(2); ii) the following uses subject to such terms and conditions as maybe imposed by the Committee: - all uses permitted in Section 510(1)(b), subject to any applicable conditions contained in Section 510(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #27 shall be as set out in Section 510(3), and Section 810 to 910 where this zone shall be considered a "B" zone, a "13-1" zone, or a business zone, as the case may be." Rezoning a parcel of land with an area of approximately 690 square metres, located at 61 Bayside Drive, also identified as being PID No. 00319996, from "134" Local Business to "SZ- 27" Special Zone 027. 115 2 K L'adjonction de 1'dldment suivant a la liste de zones du paragraphe 30(1) : « zones spdciales SZ -27 » L'adjonction du paragraphe 740(27) qui se [it comme suit: « Zone speciale n° 27 SZ -27) a) Usages Tout terrain, batiment ou structure ne peut etre affectd : i) qu'aux utilisations suivantes laboratoire ou dtablissement de recherche; toutes les utilisations permises en vertu de 1'alin6a 510(l)(a), sous reserve des conditions stipuldes au paragraphe 510(2); ii) qu'aux utilisations suivantes. sous reserve des conditions imposees par le comitd : - toutes les utilisations permises en vertu de ]'alinda 510(1)(b), sous reserve des conditions stipuldes au paragraphe 510(2); iii) sous reserve de I'article 830, qu'a une utilisation auxiliaire ou accessoire lice a une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'amenagement dans ]a zone speciale n° 27 doivent etre conformer aux dispositions du paragraphe 510(3) et des articles 810 a 910, et 1a zone en question doit etre consideree en tant que zone v B >), zone c< B-1 » ou zone cornmerciale, selon le cas. » Modification du nonage d'une parcelle de terrain d'une superficie d'environ 690 metres carres, situde au 61, promenade Bayside, et portant le NID 00319996, de zone commercials locale << B -1 » a zone sp6ciale n° 27 << SZ-27 ». REASON FOR CHANGE: To pen-nit a research laboratory for testing of limited quantities of petroleum for quality. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 116 RAISON DE LA MODIFICATION: Permettre I'dtablissement d'un laboratoire de recherche pour tester ]a quality d'une quantit6 limitee de p6trole. Toute personne int6ressee peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et d6veloppement a 11h0tel de ville au 15, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6rids. Veuillez faire part de vos objections au projet de modification par dcril a I'attention du soussignd a l'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658 -2862 Proposal for Petroleum Analysis Facility Good Day Pat Chas Martin Canada Inc. has operated in Saint John since 1963 and now we find ourselves in need of a facility that we can use to test the material that we do the inspections on. We have leased a property at 61 Bayside Drive. Our intention is to have a Petroleum testing facility at the front portion of the building, with the back portion occupied by ourselves as office space. Our company is ISO 9002 certified and is audited every three years for re- certification. Part of this certification includes handling, retention and disposal of these limited quantity samples of petroleum. Operation would consist of testing limited quantities of petroleum for quality The size of samples we would be dealing with would in most cases be 1 liter sample size. These samples would be tested and then retained in a secure properly vented retain room for a period of 60 days. At this time these samples would be transported to the Local Refinery where they would be disposed into the refinery recovered oil system. There is and has been testing labs of this type located at different parts of the city. Saint John Analytical has operated on City Road and now is located in the old Doctor Roberts Hospital Building. SGS Canada operated a testing lab located at 55Ross St. We operate many of these labs throughout the United States without any issues of odor or release of any hazardous materials You can contact me for any further details you may require at the following Richard D Joyce Chas Martin Canada Inc. Saint John New Brunswick Office 506- 634 -7173 Cell 506 -653 -7703 117 61 BAYSIDE DRIVE X Fire Extingusher I Vault Sample Storage I Wayne's Office Sample Preperation Exit -o 1 x Room Vault Files Exit Storage & Exit Main Floor Conference x Down Stairs Barb's Office Rick's Office Inspector Locker Room Utility Room I Wash Room I Wash Room XF- Kitchen & Inspector Office Inspector Conference Exit Exit Proposed Ousio Analysis Facility Petroleum Products Lounge Exit Exit Exit f .. II it i -- SIA F '+ 4y NOW Vp 71Y rL ir 10 i M i I J i r 1 I 1 �. -�^.�` -. '� rig' °' i. ire f M" a I IF ,.,I b, Opp 4W 0 iii $ ►*Fr* va � �f Im SL:I rw 111 it ,J- f�. 1-41 P�pm� 4 N.. All �1r - �I Av �I f I BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1. 2. 91 ARRATA No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du Conseil communal, The City of Saint John a d6cr6t6 ce qui suit : Uarrete sur le zonage de The City of Saint John, decret6 le dix -neuf (19) d6cembre 2005, est modifi6 par: Adding the following to the list of 1. zones in Section 30(1): "special zones SZ -27" Adding the following as Section 740(27): "Special Zone #27 S( Z -27) a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: - laboratory or research establishment; - all uses permitted in Section 510(1)(a), subject to any applicable conditions contained in Section 510(2); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - all uses permitted in Section 510(1)(b), subject to any applicable conditions contained in Section 510(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #27 shall be as set out in Section 510(3), and Section 810 to 910 where this zone shall be considered a "B" zone, a "B -1" zone, or a business zone, as the case may be." Rezoning a parcel of land with an area of approximately 690 square metres, located at 61 Bayside Drive, also identified as being PID No. 00319996, from "B -1" Local Business to "SZ -27 129 2. 3 L'adjonction de 1'dldment suivant a la liste de zones du paragraphe 30(1) c< zones sp&ciales SZ -27 L'adjonction du paragraphe 740(27) qui se lit comme suit: « Zone speciale n° 27 S( Z -27) a) Usages Tout terrain, batiment ou structure ne peut titre affect6 : i) qu'aux utilisations suivantes - Iaboratoire ou 6tablisse- ment de recherche; - touter les utilisations permises en vertu de I'alinea 510(1)(a), sous reserve des conditions stipuldes au paragraphe 510(2); ii) qu'aux utilisations suivantes, sous reserve des conditions imposees par le comit6 : - toutes les utilisations permises en vertu de 1'alinea 510(1)(b), sous reserve des conditions stipul6es au paragraphe 510(2); iii) sous reserve de I'article 830. qu'a une utilisation auxiliaire ou accessoire li6e a une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'am6nagement dans la zone speciale n° 27 doivent We conformes aux dispositions du paragraphe 510(3) et des articles 810 a 910, et la zone en question doit etre consideree en tant que zone « B », zone « B -1 » ou zone commerciale, selon le cas. n Modification du zonage d'une parcelle de terrain d'une superficie d'environ 690 metres canes, situ&e au 61, promenade Bayside, et portant le NID 00319996, de zone commerciale locale Special Zone #27 - 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. 2010 and signed by: Mayor/Maire o B-1 >> a zone speciale n" 27 « SZ -27 » - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arre t6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2010, avec les signatures suivantes Common Clcrk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 130 September 9, 2010 Your Worship and Councillors: SUBJECT: Proposed Rezoning - 61 Bayside Drive On August 16, 2010 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its September 8, 2010 meeting. Mr. Richard Joyce of Chas. Martin (Canada) attended the meeting and addressed the Committee indicating he was in agreement with the staff recommendation. Mr. Joyce responded to questions from Committee members regarding operations of the proposed laboratory. No other persons spoke in favour of or in opposition to the application and no letters pertaining to the application were received. After considering the staff report and presentation, the Committee adopted the staff recommendation. RECOMMENDATION: 1. That Common Council amend The City of Saint John Zoning By -law by: a. Adding the following to the list of zones in Section 30(1): "special zones SZ -27" b. Adding the following as Section 740(27): "Special Zone #27 SZ -27 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: laboratory or research establishment; all uses permitted in Section 510(1)(a), subject to any applicable conditions contained in Section 510(2); 131 6►•Z ii) the following uses subject to such terms and conditions as may be imposed by the Committee: all uses permitted in Section 510(1)(b), subject to any applicable conditions contained in Section 510(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #27 shall be as set out in Section 510(3), and Section 810 to 910 where this zone shall be considered a `B" zone, a `B -1" zone, or a business zone, as the case may be. 2. That Common Council rezone a parcel of land with an area of approximately 690 square meters, located at 61 Bayside Drive, also identified as being PID Number 00319996, from `B -1" Local Business to "SZ -27" Special Zone 27. 3. That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 690 square meters, located at 61 Bayside Drive, also identified as being PID Number 00319996, be subject to the following conditions: a. That the parking area be paved; and b. That the property owner make an effort to secure an access agreement with the Province. Respectfully submitted, Terry Cornfield Vice - Chairman IM Project No. 10 -303 132 DATE: SEPTEMBER 3, 2010 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING � PLANNING AND DEVELOPMENT FOR: MEETING OF SEPTEMBER 8, 2010 PREPARED BY: REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: Ken Forrest, MCIP, RPP Commissioner Richard F. McPhee on behalf of Chas. Martin (Canada) Inc. 623517 N.B. Inc. 61 Bayside Drive 00319996 Municipal Plan: Service Corridor ( Bayside) Zoning: Existing: `B -1" Local Business Proposed.• "SZ -27" Special Zone 27 Proposal: To permit a laboratory for testing limited quantities of petroleum for quality. Type of Application: Rezoning 133 Richard F. McPhee on behalf of Chas. Martin (Canada) Inc. Page 2 61 Bayside Drive September 3, 2010 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan amendment and rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, September 13, 2010. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council amend The City of Saint John Zoning By -law by: a. Adding the following to the list of zones in Section 30(1): "special zones SZ -27" b. Adding the following as Section 740(27): "Special Zone #27 SZ -27 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: laboratory or research establishment; - all uses permitted in Section 510(1)(a), subject to any applicable conditions contained in Section 510(2); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: all uses permitted in Section 510(1)(b), subject to any applicable conditions contained in Section 510(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #27 shall be as set out in Section 510(3), and Section 810 to 910 where this zone shall be considered a `B" zone, a "B -1" zone, or a business zone, as the case may be. 2. That Common Council rezone a parcel of land with an area of approximately 690 square meters, located at 61 Bayside Drive, also identified as being PID Number 00319996, from `B -1" Local Business to "SZ -27" Special Zone 27. 134 Richard F. McPhee on behalf of Chas. Martin (Canada) Inc. Page 3 61 Bayside Drive September 3, 2010 3. That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 690 square meters, located at 61 Bayside Drive, also identified as being PID Number 00319996, be subject to the following conditions: a. That the parking area be paved and b. That the property owner make an effort to secure an access agreement with the Province. BACKGROUND: At its meeting of June 17, 2003, the Planning Advisory Committee dealt with an application to allow an office as a conditional use at this location. The Committee imposed no additional terms and conditions on the operation of the office use, a conditional use in the `B -1" Local Business zone. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments on the proposed rezoning: All businesses are required to have a City approved water meter. It is assumed from the application that there will not be any servicing or site changes, just a new zone designation. Should there be any servicing or site modifications, these must be submitted to this Department for approval in advance of doing any of the work. In accordance with the City's Water & Sewerage By -law, there shall be no discharges into any drain or sewer service or to the City's sewer systems that includes but is not limited to gasoline, benzene, naphtha, fuel oil, acetone, solvents, or other inflammable or explosive liquid, solids, gases, etc. Buildings and Inspection Services notes their latest information shows the property as being a Group D occupancy, or offices under the National Building Code of Canada criteria. As the use of the property will change to an F -2 occupancy (medium hazard occupancy), a review by Buildings and Inspection Services is required. The applicant is advised to contact the Department to discuss the matter. Saint John Fire Department has reviewed the proposal as it relates to the application concerning the proposed rezoning of 61 Bayside Drive. The Fire Department has no objection to this application provided that all street and building construction/renovations are conducted in accordance with the National Building Code and National Fire Code. Saint John Transit provides a high level of service in close proximity to this location at the Corner of Bayside Drive and Park Street. N.B. Department of Environment has been notified of the application. Saint John Energy has no issue with the proposed application. 135 Richard F. McPhee on behalf of Chas. Martin (Canada) Inc. Page 4 61 Bayside Drive September 3, 2010 Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have been notified of the application. Maritimes & Northeast Pipeline and Brunswick Pipeline advise the proposed rezoning will not involve work near their facilities. ANALYSIS: Subject Site The subject site is located on the east side of Bayside Drive between Loch Lomond Road and Courtenay Avenue and contains a commercial building that was formerly a hair salon and previous to this, offices and a bank. The building is on the northern portion of the property, with a small gravel parking area in the southeast portion of the site. The property is accessed through the adjacent property owned by the Province, formerly Hays Avenue, which was stopped up and closed and transferred to the Province in 2006. The site is well maintained and landscaped with shrubs and grass along the front and south side, adjacent to the driveway access to the school. Proposed Development The applicant is proposing to establish a laboratory for quality control testing of a limited quantity of petroleum products. These samples are taken from shipments of raw product and finished product at the Irving Refinery. In most cases, the samples are of a 1 litre size. The samples are tested and retained in a properly vented room for 60 days at which time they are disposed of in the recovered product system at the local refinery. Surrounding Area The area contains a mix of land uses and zoning designations. To the north of the site along Bayside Drive, an area of "R -2" One and Two Family Residential zoning exists with a mix of single, two unit and multiple unit dwellings. Bayside Middle School is located east of the site and is zoned "IL -2" Major Institutional. Along this side of Bayside Drive from Loch Lomond Road southerly, there are numerous properties zoned `B -1" Local Business, including a dental clinic, parking lot and gas station and convenience store. Lands on the opposite side of Bayside Drive are zoned "I -2" Heavy Industrial and include uses such as an asphalt terminal and various retail uses. Municipal Plan Direction The subject site is within the Bayside Service Corridor designation in the Municipal Plan. It is the intent of the Plan to encourage highway commercial, general commercial and light industrial uses to locate in Service Corridor areas rather than in scattered locations throughout the City in close proximity to residential areas. Plan policies note that while residential areas may continue in parts of the Service Corridor, they are not encouraged and impacts on surrounding residential areas should be minimized. The Plan also notes that within areas designated as Service Corridors, consideration should be given to minimizing access points to the adjacent street network where possible. Staff note that while residential uses are located along this section of Bayside Drive, the nature of Bayside Drive and this area, will significantly change to that of a more commercial nature over time with the completion of the One Mile House Interchange project, given the increased traffic volumes, especially heavy trucks. In addition, the concentration of commercial uses in the area at locations such 136 Richard F. McPhee on behalf of Chas. Martin (Canada) Inc. Page 5 61 Bayside Drive September 3, 2010 as the Rothesay Avenue / Russell Street intersection also lends itself to increased commercial development along this section of Bayside Drive. Staff are of the opinion the proposed rezoning meets the intent of the Municipal Plan. Zoning By -law The subject site is zoned `B -1" Local Business and the conditional use of an office was approved on June 17, 2003 by the Committee. The property meets all of the standards found within the provisions for the `B -1" Local Business zone. There is no specific parking requirement in the Zoning By -law for a laboratory. Staff are of the opinion that from a parking generation perspective this is similar to an office use which requires 6 spaces, but would likely be less intensive. Staff also note that an office use would require the same number of parking spaces as a bank which previously existed on the site, and that the site's use as a bank would be more intensive from a parking and traffic generation perspective than the proposed laboratory use. Based on observations made from the site visit, staff also note the parking area is immediately adjacent to lands owned by the Province which are currently used as a parking and access area for Bayside Middle School. While the Zoning By -law requires that parking not be provided within 1.5 metres of a side lot line, staff are of the opinion the intent of the by -law is met as the parking area is immediately adjacent to a parking area on another property. Therefore staff are satisfied the amount and location of parking provided meets the intent of the Zoning By- law. Staff note however that the parking area is not paved and recommend that this be a condition of the rezoning. The parking area is accessed through the adjacent property, which is currently owned by the Province as an access to Bayside Middle School. The area containing the access was formerly Hays Avenue, which was stopped up and closed by the City and transferred to the Province in 2006. From a land use perspective, this does not present an issue as Section 860 of the zoning by -law defines a commercial purpose as any use of a land or building with the exception of a dwelling containing less than 5 dwelling units. Therefore for the purposes of access, both the activities on the adjacent school property and subject property are considered commercial purposes. The applicant's solicitor has mentioned the property owner is willing to construct a separate driveway to the site or pursue formalizing an access agreement through discussions with the Province. Staff are of the opinion that an access agreement with the Province is preferred over a new driveway for the site as the goal in areas such as this should be to consolidate access points where possible. Staff recommend that as a condition of the rezoning, the property owner make an effort to secure a formal access agreement with the Province. Staff are of the opinion that the proposed testing laboratory will present no conflicts with adjacent uses from a land use perspective and note that any renovations will be subject to applicable provisions of the National Building Code. A ventilation system is also planned for the laboratory area. With respect to the amount of material tested, the applicant has indicated that the majority of samples are of a 1 -litre volume and storage of these would be in the vault of the former bank building. Staff are of the opinion that the proposed use poses a low risk to adjacent properties and note there are other uses in the area that store larger volumes of hazardous and flammable products such as the asphalt terminal on the opposite side of Bayside Drive and the service station at 113 Bayside Drive. 137 Richard F. McPhee on behalf of Chas. Martin (Canada) Inc. Page 6 61 Bayside Drive September 3, 2010 CONCLUSION: The proposed rezoning of the site is appropriate. Conditions are recommended with respect to paving of the parking area and development of a formal access agreement with the Province for the adjacent parcel. MR Project No. 10 -303 138 139 61 BAYSIDE DRIVE X Firb Extingusher Main Floor \ Exit vat#t sample storage Wayne's Office jample Ptepdmatlon X Room KA Conference Barp's Office Rldk's Office Exit Down Stalrs t—� Inspector' Locker Room IjUlfty Room Waists Room Wash Room veun rbs R Exit X1 Storage & EXit Kitchen & Inspector Office Inspector Conference Lounge Fxit 140 BY -LAW NUMBER C.P. 110 -151 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: I Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 16 hectares, located at 11 King William Road, also identified as P1D number 55159719, from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, "TH" Townhouse, "RM -1" Three Storey Multiple Residential and "13-2" General Business pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. 1N WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2010 and signed by: Mayor/Maire ARRETE No C.P. 110 -151 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6crete cc qui suit : L'arretd sur le zonage de The City of Saint John, d6crete le dix -neuf (19) d6cembre 2005, est modifl6 par: 1 La modification de l'annexe <(A)), Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 16 hectares, situ6c au 11, chemin King William, et portant le NID 55159719, de zone residentielle de banlicue — habitations unifamiliales et bifamiliales <(RS -2) > a zone r6sidentielle -- habitations unifamiliales et bifamiliales ((R -2 », zone de maisons en rangee «TH >>, zone d'edifices a logements multiples de trois &ages c<RM -I» et zone commerciale g6n6rale « B -2 » conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur l' urbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2010, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - August 16, 2010 Premi6re lecture Second Reading - August 16, 2010 Deuxi6me lecture Third Reading - Troisiemc lecture 141 - le 16 aout 2010 - le 16 ao6t 2010 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT REZONING I REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John a c FROM 1 DE RS -2 One and Two Family Suburban Residential 1 Zone residentielle de _ banlieue- habitations unifamiliales et bifamilales TO 1 A i I R -2 One and Two Family Residential 1 Zone residentielle- habitations unifamiliales et bifamilales TH Townhouse 1 Zone de maisons en rangee B -2 General Business I Zone commercial generale RM -1 Three Storey Multiple Residential /Zone d'edifices a Iogements multiples de trois etages Pursuant to a Resolution under Section 39 of the Community Planning Act .� Conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur i'urbanisme Applicant: Hughes Surveys and Consultants on behalf of Petrus Holdings Inc. Location: 11 chemin King William Road PID(s)INIP(s) 55159719 06NC1 Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: August 26 aout, 2010 Considered by P.A.C.Iconsidere par le C.C.U.: August 10 aout, 2010 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law #IArrete #: 142 [ v -1 (b) Section 39 Conditions — 11 King William Road That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and development of the parcel of land located at 11 King William Road, also identified as PID No. 55159719, be subject to the following conditions: a) That any costs to extend off -site infrastructure to serve the development be completed at the developer's expense. b) That water, sanitary sewer and storm sewer infrastructure be extended to the north property line of the site within the future street right -of -way that is south of Edna Court at the time the adjacent section of Melbourne Avenue is constructed. c) That the use of the area to be rezoned to "B -2" General Business be limited to the following uses: • a bank or financial institution • a bakery • a convenience store • a day care centre • a personal service shop • a repair service shop • a restaurant (excluding a drive through) • a retail store • an office use • a gasoline bar, subject to such terms and conditions as may be imposed by the Planning Advisory Committee. d) That the gross floor area of the structures in the area to be rezoned to "B -2" General Business be limited to a maximum of 1000 square metres. e) That access to the proposed "B -2" General Business site be limited to a right-in/right out driveway from Melbourne Street and a full access driveway from Peerless Drive, and that direct access to the "B -2" General Business site from King William Road not be permitted. f) That the proposed location of the intersection of King William Road and Melbourne Avenue be reviewed by the developer's traffic engineering consultant to provide a confirmation of available intersection sight distance, turning sight distance, and stopping sight distance at the proposed access with respect to Transportation Association of Canada Guidelines. g) That the length of contiguous roadway into the site be limited to a distance of 400 metres from the King William Road 1 Melbourne Avenue intersection until such time as a second connection to Ocean Westway is developed. 143 BY -LAW NUMBER C.P. 110 -152 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: ARRETE No C.P. 110 -152 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a 6dict6 ce qui suit: L'Arret6 de zonage de The City of Saint John, d6cr&6 le dix -neuf (19) d6cembre 2005, est modifi6 par: 1 Adding the following definition to 1 Section 20: "incidental vehicle sales" means. ancillary to a permitted main use, the sale of up to five vehicles on a developed site; ( vente de vehicules inridentaire) L'ajout de la definition suivante a Particle 20 : vente de vehicules incidentaire », auxiliaire a un usage principal penmis, d6signe la vente de jusqu'a cinq vehicules sur un site amenag6; (incidental vehicle sales) 2 Removing the definition of '`useable 2 Le retrait de la definition d'« espace open space" from Section 20. fibre utilisable » de Particle 20. tj 4 61 6 11 Amending Section 310(3)(1) by replacing the term "useable open space" with the term "amenity space'". Amending Section 320(3)(k) by replacing the term "useable open space' with the term "amenity space ". Amending Section 330(3)(k) by replacing the term "useable open space" with the term "amenity space ". Amending Section 520(l)(b) by inserting "and Section 820(14) " after "subjection to subsection (2)(d) ". Adding the following to the list of permitted uses in the 1-1" Light Industrial zone (Section 620(1)(a)): - retail store, not including a shopping centre - subject to Section 820(14), a car sales lot - athletic or health club 3 Le remplacement de Pexpression ((espace libre utilisable)) a Palinea 3 ] 0(3)1) par ((espace d'agrement ». 4 5 6 7 8 Removing the following from the list 8 of conditional uses in the 1-1" Light Industrial zone (Section 620 (1)(b)): - retail store, not including a shopping centre - car sales lot - used car sales lot - athletic or health club 144 Le remplacement de 1'expression espace libre utilisable >> a 1'alin6a 320(3)k) par « espace d'agrement ». Le remplacement de ('expression « espace libre utilisable )> a 1'alin6a 330(3)k) par « espace d'agr6ment ». L'insertion, a l'alin6a 520(1)h), de « et du paragraphe 820(14) » apres <( sous reserve du paragraphe (2)cl) ». Les ajouts suivants a la liste d'usabes permis dans la zone d'industric legere « 1 -1 » [alinea 620(1)u)] : magasin de detail, a Pexclusion d'un centre commercial sous reserve du paragraphe 820(14), un terrain affect6 a la vente d'automobiles club athletique ou de sant6 Les retraits suivants de ]a liste d'usages conditionnels dans la zone d'industrie legere « I -1 » [alinea 620(1)h)] : - magasin de detail, a 1'exclusion d'un centre commercial - un terrain affecte a la vente d'automobiles - un terrain affecte a la vente d'automobiles d'oecasion 9 Replacing "car sales lot" with "subject 9 to Section 820(14), a car sales lot" in Section 630(1)(b). 10 Removing the following from the list of conditional uses in the "1 -2" Heavy Industrial zone (Section 630(1)(b)): - used car sales lot 11 Replacing "retail store" with 'retail store, not including a shopping centre'" in the list of permitted uses in the "I -3- Light Industrial Park zone (Section 640(1)(a)). 12 Replacing "sale of automotive equipment and vehicles" with "automobile and parts salesroom" in the list of permitted uses in the 1 -3" Light Industrial Park zone (Section 640(1)(a)). 13 Adding the following to the list of permitted uses in the 1-3- Light Industrial Park zone (Section 640(1)(a)): - subject to Section 820(14), car sales lot - athletic or health club 14 Removing "retail store " from the list of permitted uses in the 14" Heavy Industrial Park zone (Section 650(l)(a)) and adding "retail store, not including a shopping centre' to the list of conditional uses (Section 650 (l )(b)). 15 Replacing "sale of automotive equipment and vehicles" with "automobile and parts salesroom" in the list of permitted uses in the "I4" Heavy Industrial Park zone (Section 650(1)(a)). 16 Adding the following to the list of conditional uses in the 14" Heavy Industrial Park zone (Section 650(l)(b)): - subject to Section 820(14), car sales lot - club athletique ou de sante Le remplacement de ((terrain affecte a la vente d'automobiles >> par «sous reserve du paragraphe 820(14), un terrain affect6 a la vente d'automobiles >> a 1'alin6a 630(1)6). 10 Les retraits suivants de la liste d'usages conditionnels dans la zone Ondustrie lourde << I -2 » [alin6a 630(1)6)] : - terrain affecte a is vente d'automobiles d'occasion 11 Le remplacement de « magasin de d6tail » par « magasin de d6tail, a 1'exclusion dun centre commercial » dans la lisle d'usages permis de la zone de parc d'industric 16g6re « I -3 » [alin6a 640(1)x)]. 12 Le remplacement de « vente de matdriel automobile et de vdhicules » par « salle de vente d'automobiles et de pieces d'automobiles » dans la lisle d'usages permis de la zone de parc d'industrie 1eg6re « I -3 >> [alinea 640(1)a)]. 13 Les ajouts suivants a la liste d'usages permis dans la zone de parc Ondustrie 16g6re « I -3 a [alin6a 640(1)x)] : 145 - sous reserve du paragraphe 820(14), un terrain affecte a la vente d'automobiles - club athidlique ou de sant6 14 Le retrait de « magasin de d6tail » de ]a liste d'usages permis dans la zone de parc d'industrie lourde « I -4 » [alin6a 650(1)a)] et 1'ajout de « magasin de d6tail, a 1'exclusion d'un centre commercial >> a la lisle d'usages conditionnels [ alinea 650(1)h)]. 15 Le remplacement de « vente de mat6riel automobile et de v6hicules» par « salee de vente d'automobiles et de pieces d'automobiles >> dans la lisle d'usages permis de la zone de parc d'industrie leg6re « 1 -3 » [alin6a 650(1)a)]. 16 Les ajouts suivants a la lisle d'usages conditionnels dans la zone de parc d'industrie lourde « I -4 >> [alin6a 650(1)6)] : - sous reserve du paragraphe 820(14), un terrain - athletic or health club affecte a la vente d'automobiles - club athl6tique ou de sant6 17 Creating the following as Section 17 L'ajout du paragraphe 810(12) qui se 810(12): lit comrne suit : (12) Incidental Vehicle Sales Notwithstanding any other provision of this By -law, Incidental Vehicle Sales shall be permitted in the following zones: • "B -2" General Business "I -F- Light Industrial • 1-2" Heavy Industrial • "1 -3" Light Industrial Park • 14" Heavy Industrial Park (12) Vente de vehicules incidentaire Nonobstant toute autre disposition du present arret6, la vente de vehicules incidentaire est permise dans les zones suivantes: • zone commerciale g6n6rale « B -2 • zone d'industrie 16gere « 1 -1 » • zone d'industrie lourde « 1 -2 • zone de part d'industrie 16g6re « I- 3>> • zone de pare d'industrie lourde « I- 4>> 18 Creating the following as Section 18 L'ajout du paragraphe 810(13) qui se 810(13): lit comrne suit : (13) Existing Dwellings in 'J" Industrial Zones Notwithstanding any other provision of this By -law, a legally established non- conforming dwelling in an "I" Industrial zone may be maintained or repaired. This maintenance or reparation includes the addition of minor appurtenances such as balconies, decks, and unenclosed porches. The replacement or construction of accessory buildings is also permitted, in accordance with the standards of this By -law. (13) Batiments existants dans les zones industrielles « I » Nonobstant toute autre disposition du present arret6, i'entretien ou la reparation d'un batiment non conforme qui est legalement 6tabli dans une zone industrielle « I » est autoris6. L'entretien ou la reparation comprend 1'ajout de d6pendances mincures, telles que des balcons, des terrasses et des porches non ferm6s. Le remplacement ou is construction de batiments annexes est 6galement permis, conform6ment aux normes du present arret6. 19 Replacing Section 820(7) with the 19 Le remplacement du paragraphe 820(7) following: par le paragraphe suivant : (7) Reduced Front Yard Setback Notwithstanding any requirement of this By -law in any "R "' zone or "13-1" zone, excluding the "RM -IF" zone: (a) a main building may be placed, erected or altered so that it is as close to the street line as either of the two adjacent main buildings. (b) for additions to existing buildings that were lawfully erected on or before the effective date of this By- law but do not conform to the current minimum front yard setback standard, the minimum front yard setback may be equal to that of the existing building. 146 (7) Reduction de la mare de recut de la tour avant Nonobstant toute exigence du present arrete dans une zone « R » ou << B -1 », A 1'exclusion de la zone « RM -IF » : (a) un batiment principal peut etre plac6 ou modifi6 de fagon a etre aussi pres de 1'alignement de la rue que 1'un des deux batiments principaux adjacents; (b) la marge de recut minimale d'un ajout a un batiment existant legalement install6 au plus tard a la date d'entr6e en vigueur du present arret6, mais qui n'est pas conforme A ]a norme actuelle concernant la marge de recul minimale, peut titre egale a celle du batiment existant. 20 Adding the following as Section 20 L'ajout du paragraphe 820(14) qui se lit $20(14): comme suit : (14) Site Im rovement Standards for Car Sales Lots Other than incidental vehicle sales, no Iot may be used or altered for the purposes of a car sales lot unless the following site improvements are installed and maintained: (a) All parking areas, loading areas, manoeuvring areas and driveways must be paved with asphalt. (b) All paved areas must be enclosed with continuous cast -in -place concrete curbs in order to protect the landscaped areas and to facilitate proper drainage. (c) Adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. (d) All developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street right -of- way to the edge of the street curb /sidewalk. (e) Exterior light standards must direct light down onto the parking area and not toward adjacent properties. (f) The site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, freestanding signs, exterior lighting, landscaped areas and other site features, including those listed above. The approved site plan must be attached to the building permit application for the development. 147 (14) Normes concernant 1'am6lioration des emplacements de concessions d'automobiles A 1'exception de la vente de vehicules incidentaire, aucun lot ne peut We utilisd ou modifie pour les fins d'une concession d'automobiles, a moins que les ameliorations suivantes ne soient installdes et maintenues : (a) toutes les sires de stationnement, de chargement et de manoeuvre ainsi que les voies d'acces doivent titre asphaltees; (b) toutes les aires asphaltees doivent titre entourees de bordures continues de baton coulees sur place pour proteger les espaces paysagers et faciliter le drainage; (c) le promoteur doit assurer des installations adequates de drainage, y compris des puisards, conformement a un plan de drainage ddtaille dresse par le requerant et sujet a ]'approbation de Pingdnieur municipal en chef ou de son representant; (d) le promoteur doit prdvoir l'amdnagement paysager des aires amenagees de ]'emplacement ou it n'y a pas de batiments, de voies d'acces, d'allees pidtonnieres et d'aires de stationnement ou de chargement. L'amdnagement paysager doit se prolonger sur le droit de passage municipal jusqu'a la bordure de la rue ou du trottoir; (e) la lumiere des lampadaires extdrieurs doit titre dirigde de faron a dclairer le terrain de stationnement et non les propridtes adj acentes; (f) 1'emplacement doit titre amenage conformement a un plan de situation ddtaille, prdpare par le promoteur et sujet a ]'approbation de I'agent d'amenagernent, indiquant 1'emplacement de tous les batiments, les aires de stationnement, Ies voies d'acces, (g) All site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. 21 Amending the unnumbered clause following Section 840(3)(a)(vi) to read as follows: Only one sign is permitted per purpose and shall have a maximum area of - 0.6 square metres for purposes (i), (ii) and (iii) - 0.2 square metres for purposes (iv) and (v) - 0.4 square metres for purpose (vi) 22 Amending Section 840(3)(e) by removing the following words: "to identify the name of the shopping centre" les aires de chargement, les enseignes autostables, 1'6clairage ext6rieur, les espaces paysagers et les autres caractdristiques de 1'emplacement, y compris celles susmentionndes. Le plan de situation approuv& doit titre joint a la demande de permis de construction relative au projet d'am6nagement; (g) tous les travaux d'amdlioration indiquds sur les plans de situation et de drainage doivent titre termin6s daps un delai d'un an a compter de la date de d6livrance du permis de construction. 21 La modification de la clause non numerot&e suivant le sous - alin6a 840(3)a)(vi) comme suit : Un seul panneau aux dimensions maximales suivantes est autorise aux fins respectives prdvues : - 0,6 metre cane aux fins indiqu &es aux sous- alindas (i), (ii) et (iii) - 0,2 metre carr& aux fins indiquees aux sous- alin &as (iv) et (v) - 0,4 metre carrel aux fins indiquees au sous- alin &a (vi) 22 La modification de i'alinda 840(3)e) par le retrait des mots suivants : << indiquer le nom du centre commercial ». 23 Amending the second clause of Section 23 840(3)(e) by changing "A square metres" to '40.7 square metres ". La modification de la deuxi6me clause de 1'alin 6a 840(3)e) en changeant « 0,4 metre carrd » a u 0,7 metre carne ». 24 Amending Section 840(5) by adding 24 La modification du paragraphe 840(5) the following as clause (v): par 1'ajout du sous - alinea (v) suivant : (v) not be placed, erected or displayed within 100 metres of, and oriented toward the Provincial Highways No.l or 7 (excluding access ramps). (v) ne peut titre instal16, &rigd ou afficM a moins de 100 metres des routes provinciales 1 ou 7 (a l`exclusion des rampes d'accds) et orient& vers celles -ci. 25 Amending Section 840(10) ,to read as 25 La modification du paragraphe 840(10) follows: comme suit: (10) Notwithstanding any other provision of this Section, no sign may be placed, erected or displayed on a lot which is on the water side of - Manawagonish Road 148 (10) Nonobstant toute autre disposition du pr6sent article, aucun panneau ne doit titre insta116, 6rig6 ou affiche sur un lot situd du c6t6 riverain : — du chemin Manawagonish, Ocean Westway Hilyard Street - Chesley Drive - Crown Street Red Head Road and restrict the view of the Saint John River, Saint John Harbour, or the Bay of Fundy. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2010 and signed by: Mayor /Maire — de la voie Ouest Ocean, — de la rue Hilyard, — de la promenade Chesley de la rue Crown, et du chemin Red Head, et restreindre la vue de la riviere Saint - Jean, du port de Saint John ou de la baie de Fundy. EN FOI DE QUO], The City of Saint John a fait apposer son sceau communal sur le present arrete le * jour de * 2010, avec les signatures suivantes : Common C1erk/Greffiere communale First Reading - August 30, 2010 Premi &re lecture - le 30 aout 2010 Second Reading - August 30, 2010 Deuxieme lecture - le 30 aout 2010 Third Reading - Troisieme lecture - 149 REPORT TO COMMON COUNCIL M &C- 2010 -301 September 9, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Rezoning - 237 Union Street BACKGROUND: Common Council, at its meeting of August 30, 2010, gave first and second reading to a proposed rezoning at 237 Union Street that would result in the property being rezoned from `B -2" General Business to `B -3" Central Business to permit the establishment of a pub and restaurant. City of Saint John Staff was asked to prepare a report to be presented at third reading detailing potential conditions for the proposed establishment to be enacted pursuant to Section 39 of the Community Planning Act. Common Council also requested that Staff review these conditions with the applicant prior to submitting the report. ANALYSIS: Common Council specifically requested that staff examine conditions pertaining to the hours of operation of the establishment, the types of entertainment at the establishment, provision of an outdoor patio, and the differentiation between a pub / restaurant and a bar. Staff recommend that the number of licensed clubs or lounges on the site be restricted to a maximum of one. This will prevent the establishment of multiple clubs or lounges at the site. Hours of operation of the facility should be limited to between 7 AM and 11 PM Sunday to Thursday; and 7 AM and 12 AM on Friday and Saturday and that the 150 M & C — 2010 — 301 - 2 - September 9, 2010 club or lounge shall include kitchen facilities with food services available at all times during hours of operation. Staff are of the opinion that options to provide an outdoor patio at the site are limited given the lack of available space along the sidewalk of Union Street and the impacts that such patio space at the rear of the building would have on the existing parking area. Staff recommend that a patio area not be permitted given these limitations. Prohibition of the patio area will minimize noise impacts on other adjacent land uses, particularly residential properties. Given the applicant's stated intent to focus on development of a restaurant on the site, staff recommend that the proposed establishment not include an Entertainment Licence. Such a condition would aid in preventing noise impacts on surrounding residential uses. Staff also recommend that given the applicant's stated intent for an upscale restaurant establishment, that video lottery terminals be prohibited at the site. Staff note that other "restaurants" do not feature this type of entertainment. These conditions have been communicated to the applicant both verbally and via e -mail. The applicant has indicated he intends to provide written comments regarding these conditions to be attached to this report. RECOMMENDATION: Staff recommend that should Common Council choose to proceed with third reading of the proposed rezoning that conditions be adopted by resolution as follows: 1. That, pursuant to the provisions of Section 39 of the Community Planning Act, the establishment and operation of club or lounge on a parcel of land having an area of approximately 330 square metres, located at 237 Union Street, also identified as being PID No. 00012286, be subject to the following conditions: (a) the number of licensed clubs or lounges on the site be restricted to a maximum of one; (b) the hours of operation of the club or lounge shall be limited to an opening time not earlier than 11 AM and a closing time not later than 11 PM from Sunday to Thursday, and not later than 12:00 AM the next day on Friday or Saturday; (c) the club or lounge shall include kitchen facilities with food services available at all times during hours of operation; 151 M & C — 2010 — 301 - 3 - September 9, 2010 (d) the club or lounge shall have a maximum seating capacity of 50 persons; (e) the club or lounge must be located within the main floor of the existing building and shall include no licensed outdoor patio area; (f) the club or lounge operation shall not include an Entertainment Licence and not include exotic or adult entertainment; and (g) the club or lounge operation shall not include video lottery terminals. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager Project No. 10 -281 152 September 9, 2010 ATTN: Saint John Common Council City Hall P. O. Box 1971 Saint John, N. B. E21, 4L 1 Dear Mayor and Council Members, I am writing this letter to you because I was told by the city that I am not allowed to speak regarding the Section 39 terms and conditions they wish to impose on the 237 Union Street property, see the attached email. I'll address each condition one at a time: 1(a) I have no dispute with. I only intend on opening one licensed restaurant. 1(b) This will be a licensed restaurant, and as such I don't want to be limited if I choose to serve a breakfast menu. The hours of operation should only be limited in the evening (if its noise they are concerned about). So maybe the hours of operation should be limited to lam — 12am? I'm not even sure if I intend on being open early? 1(c) Again, this is a licensed restaurant, I intend on having a kitchen. If I decide to serve food during all hours of operation I will. Being told I have to sounds a bit crazy. I think most would agree. 1(d) Our intended seating is around 50 -80. If we decide to cater to a special office parties or something of that nature, we may bring in additional seating. Setting limits such as these are decided by the fire marshal I believe. Do any other establishments in the City of Saint John have seating capacity set by the city? I (e) Our intention is to provide a licensed outdoor patio area, like most other restaurants, some of them even use up valuable sidewalk space. Ours will be at the rear of the building, on my own property. Some people like to smoke while they have dinner and drinks. 1(f) I have no intention of applying for an exotic or adult entertainment license. But if I want to bring in some evening entertainment, a few performers, etc. The noise will not be over bearing, and my hours of operation are limited to 12am anyways. 153 I (g) I do intend on applying for Video Lottery Terminals, and in order to be approved by Atlantic Lotto Corporation these days, you must operate a first class establishment. This is what I intend to do, and I don't feel that my options should be limited at this point. Other licensed establishments in this city, even in B2 zones don't have these type of limitations. I feel these conditions should have been address at the PAC meeting, which would have allowed me to discuss this first hand. Victor Train 2690 Loch Lomond Rd. Saint John, NB E2N 1 A7 154 September 9, 2010 ATTN: Saint John Common Council City Hall P. O. Box 1971 Saint John, N. B. E21, 4L 1 Dear Mayor and Council Members, I am writing this letter to you because I was told by the city that I am not allowed to speak regarding the Section 39 terms and conditions they wish to impose on the 237 Union Street property, see the attached email. I'll address each condition one at a time: 1(a) I have no dispute with. I only intend on opening one licensed restaurant. 1(b) This will be a licensed restaurant, and as such I don't want to be limited if I choose to serve a breakfast menu. The hours of operation should only be limited in the evening (if its noise they are concerned about). So maybe the hours of operation should be limited to 7am — 12arn? I'm not even sure if I intend on being open early? 1(c) Again, this is a licensed restaurant, I intend on having a kitchen. If I decide to serve food during all hours of operation I will. Being told I have to sounds a bit crazy. I think most would agree. 1(d) Our intended seating is around 50 -80. If we decide to cater to a special office parties or something of that nature, we may bring in additional seating. Setting limits such as these are decided by the fire marshal I believe. Do any other establishments in the City of Saint John have seating capacity set by the city? 1(e) Our intention is to provide a licensed outdoor patio area, like most other restaurants, some of them even use up valuable sidewalk space. Ours will be at the rear of the building, on my own property. Some people like to smoke while they have dinner and drinks. 1(f) I have no intention of applying for an exotic or adult entertainment license. But if I want to bring in some evening entertainment, a few performers, etc. The noise will not be over bearing, and my hours of operation are limited to 12am anyways. 155 1(g) I do intend on applying for Video Lottery Terminals, and in order to be approved by Atlantic Lotto Corporation these days, you must operate a first class establishment. This is what I intend to do, and I don't feel that my options should be limited at this point. Other licensed establishments in this city, even in B2 zones don't have these type of limitations. I feel these conditions should have been address at the PAC meeting, which would have allowed me to discuss this first hand. Victor Train 2690 Loch Lomond Rd. Saint John, NB E2N 1A7 156 :mail - (no subject) https: / /mail.googie. coon / mail/?uwi= 2&i1 --7d4e870454&view=pt &search= inbox&th— ]2at2c59c... GmDental Assistants College <dacsII @gmall.com> c.4 . cl; (no subject) 1 message Reade, Mark <mark.reade @salntJohn.ca> To: Dental Assistants College <dacsjl @gmail.00m> Cc: "Forrest, Ken" <Ken.Forrest @saintjohn.ca> Victor: Wed, Sep S, 2010 at 4:13 PM As a follow up to our phone conversation this afternoon, the Public Hearing has concluded. Therefore you do not have an opportunity to speak at Third Reading. LTA F71I Mark Reade, P.Eng., MCIP, RPP Senior Planner 1 Urbaniste Principal Planning & Development I Urbanisme & D &veloppement 10th Floor, City Hall City of Saint John P.O. Box 1971 Saint John, NB E21- 41-1 157 of 2 09/09/2010 3:23 PM 3mail - (no subject) Reception: (506) 658 -2835 Direct Tel: (506) 674 -4238 Facsimile: (506) 658 -2837 E -Mail: mark. reade@saintiohn.ca https:ll mil. google .com /maill ?ui= 2 &i1--7d4e870454 &view= pi8tsearch— inbox&th= 12af2c59c... 158 of 2 09/09/2010 3:23 PM BY -LAW NUMBER C.P. 110 -153 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 330 square metres, located at 237 Union Street, also identified as PID No. 00012286, from ­13-2­ General Business to "B -3" Central Business pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2010 and signed by: Mayor/Maire ARRETE No C.P. 110 -153 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lars d'une reunion du conseil communal, The City of Saint John a decrete cc qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de I'annexe « A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour parcelle de terrain d'une superficie d'environ 330 metres carres, situee au 237, rue Union, et portant le NID 00012286, de zone commerciale generale a B -2 » a zone commerciale centrale « B -3 » conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2010, avec les signatures suivantes Common Clerk/Greffiere communale First Reading - August 30 2010 Premiere lecture Second Reading - August 30, 2010 Deuxieme lecture Third Reading - Troisieme lecture 159 - le 30 aout 2010 - le 30 aout 2010 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John ere rs , ca St i� `ter i r J e �p�on St• FROM 1 DE TO IA B -2 B -3 General Business 1 Central Business 1 zone commerciale generale Zone commercial centrale Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le Conseil municipal en vertu de I'article 39 de la Loi sur i'urbanisme Applicant: 514574 N.B. Limited Location: 237 rue Union Street PID(s)INIP(s) 00012286 06N88SE Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: September 9 septembre, 2010 Considered by P.A.C. /considers par le C.C.U.: August 24 aoCit, 2010 Enacted by CouncillApprouve par le Conseil: Filed in Registry OfFce /Enregistre le: By -Law # /Arrete #: 160 BY -LAW NUMBER C.P. 110 -154 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 4720 square metres, located at 489 Sea Street, also identified as PID No. 00385781, from "1-I" Light Industrial to "IL -1" Neighbourhood Institutional pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2010 and signed by: Mayor /Maire ARRETE No C.P. 110 -154 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : Uarrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de ]'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour parcelle de terrain dune superficie d'environ 4 720 metres canes, situee au 489, rue Sea, et portant le NID 00385781, de zone d'industrie Legere « I -1 » a quartier A vocation collective a IL -1 » conformement a une resolution adoptee par le conseil municipal en vertu de ]'article 39 de la Loi sur 1'urbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2010, aver les signatures suivantes : Common Clerk/Greffiere communale First Reading - August 30, 2010 Premiere lecture Second Reading - August 30, 2010 Deuxieme lecture Third Reading - Troisieme lecture 161 - le 30 aout 2010 - le 30 aout 2010 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT REZONING 1 REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe ((A)> de I'Arrete de zonage de The City of Saint John XeQ�, CT i f I FROM 1 DE TO 1 A I -1 IL -1 Light Industrial 1 Neighbourhood Institutional 1 zone d'industrie Iegere Zone de quartier a vocation collectif Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur Furbanisme Applicant: Bob Landry Location: 489 rue Sea Street PID(s)INIP(s) 00385781 06N86SW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: September 9 septembre, 2010 Considered by P.A.C. /considers par le C.C.U.: August 24 aout, 2010 Enacted by Council /Approuvs par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /Arrete #: 162 1 1 489 Sea Street — Section 39 Conditions That, pursuant to the provisions of Section 39 of the Community Planning Act, the rezoning of the property at 489 Sea Street be subject to the following condition: a. that a detailed landscaping plan be prepared by the applicant subject to the approval of the Development Officer. 163 Mayor and Council September S, 2010 Re: Facilitating Development in Urban Core In June I made a submission to Plans SJ in regard to my beliefs in what was required to initiate and encourage development of the City's urban core (see attached email). Recently, Councilor McGuire, a member of Plans SJ, brought forward the central principles and concepts contained within my submission for council's consideration and subsequent approval to be referred to the city manager for the development of relevant policies. While council's endorsement to establish enabling development policies for the Saint John's urban core is a very important step, I believe council must contemplate a means of facilitating the intense development required to reverse the urban decay ubiquitous in Saint John's older urban core. Moreover, it is time the City of Saint John involve itself in development beyond polices and development incentives —the city must assert itself as a developer in the neighborhoods most strongly affected by decay and act as a catalyst for the attraction of other development. Such municipal led developments have meet with tremendous success in the United States {see attachment). The corporation of the City of Saint John has within its family of boards and agencies an established development agency with proven success in several keystone development projects. The Saint John Waterfront Development Corporation, although recently renamed from the Saint John Development Corporation, has successfully developed Market square (including housing), the Imperial Theatre and most recently the ongoing development of the waterfront. Given this corporation's success in other development projects and given its original mandate, I believe discussions with them on the possibilities of undertaking a neighborhood revitalization development project would be worthwhile. Motion: Direct the City Manager and Planning Commissioner to hold preliminary discussions with the Saint John Waterfront Development Corporation on the possibility of the SJWDC undertaking a neighborhood revitalization development project. Stephen Chase Deputy Mayor Attachments: lr SAINT JOHN ----------- original email to plans S7 Document describing an example development agency P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1471 Saint John, N. -B. Canada E2L 41_1 164 original Submission From: Chase, Stephen Sent: Tuesday, June 08, 2010 10 :31 PM To: Gormley, Elizabeth Subject: Plans SJ workshop Can you send the following to Ms. Jacqueline Hamiliton, and cc Council. Thanks I am not able to attend the Plans SJ Workshop because I am out of province. However, I wish to contribute by offering some thought on developing some neighbourhoods. Concept Revitalize devalued neighbourhoods through development partnerships. objectives Target devalued districts Increase population Increase housing density Eradicate dilapidated buildings Develop vacant lots Leverage existing infrastructure (water and sewer; roads etc) Create design standards for both housing and streetscapes that create strong character Incentive programs for both developers and home buyers that reduces risk in building and buying Possible Scenario 165 and living in a neighbourhood encourages more young families, which leads to revitalizing and uplifting a neighbourhood resulting in density within that neighbourhood. The development must include design standards which would provide modest housing but is rich in character. Any development would have the benefit of the use of existing infrastructure (water /roads). In order to facilitate this initiative, perhaps the City could work together with developers and new home buyers to cover down payment to motivate new home ownership in the area. This could be in the form of grants or forgivable loans. The City could reduce risk to developers by only requiring payment for the land upon the sale of the new home. There is also a potential for a relationship with Habitat for Humanity. They have a good existing model for setting up home ownership that the City could leverage if they had the land. Possibly 20% of potential development could be offered to Habitat for Humanity. The City needs population growth, particularly young, working class families. The goal would be to work together to make responsible decisions which encourage and motivate families to decide they want to live in a neighbourhood together to create a community. The potential growth and sustainability of any area depends on accessibility for families to have pride of ownership and develop a sense of community within the neighbourhood. Funds should be allocated in the capital budget each year to accomplish this program and setting neighbourhood targets or schedules. 166 Argenta CDC : Central Arkansas homes, Little Rock Real Estate Grants, Housing Assista... Page 2 of 3 1VH0 IVE ARE Argenta CDC's mission is to improve the economic vitality, quality of life, and sense of community in targeted neighborhoods through the development of quality housing, the promotion of homeownership and the stimulation of economic growth. We have five areas of focus • Single -family and multi -family housing development • Commercial properly development • A buiidmg "green" initiative • NeighborWorksC HomeOwnership Center • Community development and outreach NOtaaI[a a] 1141 During the late 1980s and early 90s, downtown North Little Rock was plagued by high crime. Historic homes deteriorated; property values plummeted; residents and shopkeepers lived in fear. Many homeowners fled the area. In 1992, those residents and property owners who remained organized the Argenta Community Development Corporation to take back their neighborhood. Community members firmly believed that home ownership would serve as a catalyst for neighborhood improvement and began stralegizing about how best to promote the area as attractive to prospective homeowners, Argenta CDC's resident organizers and founding board members did not possess community development expertise, but they were deliberate in the alliances they formed_ They solicited support from city leaders, law enforcement officials, bankers, business owners, legal professionals, and others to create a winning team. This type of ground -level interaction continues today and Argenta has capitalized on this history to build a formidable alliance To date we have renovated and constructed over 162 residential and commercial properties including a 56-unit apartment complex investing over $15 million in downtown North Little Rock's in renewal efforts. Through the work of the North Little Rock History Comm isson, the Argenta Neighborhood was designated as National Register Historic District in 1993. Since the reformation, property values have soared more than 200°/x, the crime rate is one of the lowest in North Little Rock and the Main Street areas has evolved into an economic and residential attraction_ Argenta CDC was one of 6 programs in United States selected by HUD in 1999 to receive the prestigious "Innovations in Community Development Award." In accepting the award on behalf of the CDC, North Little Rock Mayor Patrick Hays stated, "A strong partner in progress, Argenta CDC was an early and essential revitalization force for the downtown neighborhoods of North Little Rock. We are proud to be a part of such a strong and productive partnership." In 2002 Argenta CDC earned a prestigious National Preservation Honor Award from the National Trust for Historic Preservation. Our revitalization work in Argenta has served as a blueprint for other development projects in the nearby fragile Holt Neighborhood in North Little Rock. We began transforming the landscape there in 2001 at the request or the Gardner United Methodist Church, a neighborhood church that saw the challenges of crime and decayed housing facing Holt. After more than 20 renovated and newly constructed homes and more on the way, we are proud of this $2 million investment and the beginnings of a reformed neighborhood_ In 1998 we expanded our scope of services and became a certified NeighborWorksO America homeownership center. The Argenta NeighborWorks® Home Ownership Center provides the full range of services needed to purchase and maintain a home. Since its inception we have had over to 3000 program graduates and referred more than $40,400,000 in mortgage loans for closing to lenders. Summer 2007 brought the launch a new home construction program, Building Green. In partnership with the U.S. Green Building Council - Arkansas Chapter, Argenla CDC has constructed four affordable homes that conserve energy and natural resources, reduce indoor air pollution, shrink utility bills and reduce home maintenance costs. Five more affordable green homes are in the pipeline for construction. In 2008 Argenta CDC earned Gold LEED -H& from the U G -B.C. for our ................. ... sustainable building practices Our "green" homes were the first residential structures in Arkansas to earn a LEED -HO designation. Launched as a http:/ /www.argentacdc.org /about.shtmi 167 9/9/2{}10 Argenta CDC : Central Arkansas homes, Little Rock Real Estate Grants, Housing Assista... Page 3 of') pilot program in 2005, LEER -H® is a green home ratings system with rankings from certified to platinum that assures residents their homes are designed and built to be energy and resource efficient and provide better indoor air quality. All homes in the Building Green initiative are expected to earn a LEER -H® certification. Argenta CDC seeks ways to include residents, corporate and government partners in our mission, We complement our core program areas by forming and engaging citizen action committees, promoting areas businesses, sponsoring events and Forums, and being a resource and mentor for other organizations who share our goat of rebuilding communities About Us I Programs & Services 1 Building Green I News & Information ( Gel Involved I Contact Copyright 0 2490 Argenta Community Development Corporation. All Flights r Reserved http:/ /www.argentacdc.org /about.shtm1 168 9/9/2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: Creating more density in the City's Urban Core In a recent Committee of the Whole meeting, it was suggested that 70% of future growth and change should take place in "urban core opportunity areas" by "turning on" urban opportunities. I believe this can be predominantly achieved through an infill housing strategy which addresses the potential in vacant/derelict buildings and vacant lots. l would like Council, however, to also consider two other options: • Building Up: There are many opportunities to build condominiums /apartments on top of already existing buildings. There are several "flat roofed" buildings in our city's urban core. I would like our planning department to pursue and encourage, where appropriate, development on top of existing buildings. For example, I envision the construction of additional floors above the Prince Edward Square mall and the Saint John Vineyard Church. We should "Build up" where possible! These kinds of projects may require us to address related issues such as allowing taller buildings in certain areas in order to create more density. • Plan for projected vacancies: When we are able to project vacancies in buildings, it's critical, where appropriate, to be proactive and encourage residential development. A good example of this is the Family Court building on Charlotte Street. These court rooms /offices will be moved to the Peel Plaza area. I believe the City should be proactive and speak to the owner of this building about the future potential uses of this building. I believe it would be a great facility for condominiums/apartments. Perhaps the ground floor could be a grocery store and /or some other business that would meet the needs of the residents in the neighbournood. Motion: Refer to the City Manager Respectfully Submitted, Councillor Snook 4)-..- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 169 August 24, 2010 1 1 1 4 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: "Green Spaces in more Places" subcommittee On August 4, 2010, Mr. Eric Teed wrote a letter to Common Council with regard to community roof top food gardens and flower sites. For some time I have wanted to form a committee to promote the creation of both roof top gardens and streetscape beautification. I recommend that the Leisure Services Advisory Board form a subcommittee called "Green spaces in more places." I would offer to serve as the chair. An invitation should be given especially to interested members of already existing community neighbourhood groups / organizations. Potentially I would like to see the establishment of: • A roof top garden in the Waterloo Village area in partnership with local nonprofit organizations and businesses • Flowers planted along Waterloo Street and the Lower West Side business district • A community garden in East Saint John • A community garden in the "Old North End" Motion: Refer to the Leisure Services Advisory Committee Respectfully Submitted, Councillor Snook SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 40 170 September 13, 2010 Your Worship Mayor Ivan Court & Members of Common Council: RE: UNBSJ The new academic year has started and a significant number of new students are attracted to our region by UNBSJ. With the participation of Council, Tucker Park has four major capital projects under construction. The University has asked for City input to its strategic plan, which was provided. UNBSJ students have been leading poverty reduction efforts in Crescent Valley. With help from many people, including Council, UNBSJ seems to have emerged from the shadow of the 2007 crisis with strong momentum. Council's support for UNBSJ projects is paying off. Council should be prepared to sustain this momentum, but needs an update. The new municipal plan should take this development into consideration. Motion: Council invite UNB Vice President - Saint John, Dr. Robert MacKinnon to provide an open session presentation to Council on recent developments and the future of the campus. After hearing from Dr. MacKinnon I would anticipate the following motion: The City restate its support for UNBSJ and acknowledge the fact that it is a high priority for the City's economic and social development. Further, that a letter be sent to the Provincial Government supporting our University as a priority for the future of our City and region. Respectfully submitted, Chris Titus Councillor SAINT JOHN ----------- I P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintJohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 171 September 13, 2010 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Martinon Community Centre Green Space Context: Within several planning meetings held between residents of this area and City Staff during the winter months an issue of improvement was identified — that being the green space adjacent to the Community Centre. Currently this space is in poor repair— old fencing / dilapidated baseball backstop which could easily be enhanced. This green space has great potential to become a positive green area for children and residents of the area. Motion: That the City Manager report back to Council in one month's time with a short term and long term plan for the enhancement of the green space area, adjacent to the Martinon Community Centre. spectf s e , 0 ter c uire Councillor — City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L 4L1 172 The city of Saint John September 10, 2010 Mayor Ivan Court And Members of Common Council Subject: Update on High Density Residential Development Motion: That staff update Council with regards to the approved high density residential development bordered by Tech Drive, Somerset St., and Rope Walk Road. Respectfully Submitted, (received via email) Councillor Patty Higgins (q)-.1 SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 41-1 1 www.saingohn.ca C.P. 1971 Saint John, N. -B. Canada E21L 4L1 ---------- 173 The City of Saint John September 10, 2010 Mayor Ivan Court And Members of Common Council Subject: Update on Development in Fieldstone Estates Motion: That staff report to Council in two weeks with an update on development in Fieldstone Estates. Respectfully Submitted (received via email) Councillor Patty Higgins 44)-.. SAINT JOHN PO, Box 1971 Saint John, NB C.i:` dd E21-41-11 I wwwsaint ohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1 174 September 10, 2010 Mayor Ivan Court and Members of Common Council Subject: Rockwood Park Advisory Board Motion: I request to be appointed to the Rockwood Park Advisory Board immediately, in Councillor Killen's absence. Respectfully Submitted, (received via email) Councillor Patty Higgins (P4- SAINT JOHN P.O. Box 1971 Saint John, NB Canada EZIL 4L1 I www.sain'john.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 ---------- 175 The city of Saint John September 10, 2010 Mayor Ivan Court And Members of Common Council Subject: Thornborough Street Development A developer came from Toronto last year and initiated a public consultation with one of our North End communities. All were Impressed with the project, his forthrightness, and professionalism. Council subsequently approved this large, impressive, quality medium and high density development. Motion: That staff report to Council in two weeks regarding the approved development on Thornborough Street Respectfully Submitted (received via email) Councillor Patty Higgins (P4--- SAINT JOHN P.O. Box 1971 Saint John, NB Canada M.41 I wwwsaintiohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L 41-1 176 q 9/9/2010 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: The City of Saint John's appointed member(s) to the Canada Games foundation be requested to make a presentation within two months time to Council to educate us as to: • The purpose of the foundation • The structure of the foundation including its board structure • The process by which organizations might apply for funding • The criteria used by the foundation to grant funding • A list of recent recipients • And • Any other information our representative(s) believe Council should know I have been involved with three different Saint John City Committees (Nominating, Leisure Services Advisory Board, Canada Games Aquatic Centre Commission) that have had questions with regards to the Canada Games Foundation. Specifically these committees have been concerned with the process and criteria related to the granting of funds. By having our appointee(s) report to us on these issues would certainly bring clarity to the issue. Respectfully Submitted Gary Sullivan E4)- SAINT JOHN P.Q. Box 1971 Saint John, NB Canada EZL 40 1 www.saintjohn.ca I C.P. 1 971 Saint John, N. -B. Canada E7L 41-1 177 September 10, 2090 Mayor Ivan Court and Members of Common Council Subject: Update on High Density Residential Building on Teck Drive Motion: That staff report to Council in two weeks regarding the approved high density residential building proposed for Teck Drive. Respectfully Submitted, (received via email) Councillor Patty Higgins 44)-" SAINT JOHN P€ . Box 1971 Saint John, NB Canada E2L 4L1 I wvwv.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21L 4L1 178 `i REPORT TO COMMON COUNCIL September 10, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Funding Request — Saint John Theatre Company At the August 30, 2010 meeting of Common Council, a request was received from the Saint John Theatre Company for a contribution of $14,000 to help cover the cost of 3,000 free tickets to youth from across Southern New Brunswick to attend a special matinee of Marco Polo: The Musical, at Harbour Station. According to the request, the Department of Canadian Heritage will be contributing $54,700, and the Provincial Government, through RDC, has agreed to contribute $20,000. In the 2010 Budget, funding was set aside to deal with requests for which specific submissions had not been received at budget time. There are sufficient funds remaining in this budget should Council wish to approve this request. It should be noted that this request represents more than 25% of the funds remaining. RECOMMENDATION: It is recommended that this report be received and filed. Respectf ily submitted, Robert Simonds, Acting Deputy City a ger Gr6gory J. e�lmans, CGA, MBA Commis er of Finance 179 T 7 The City of saint john ja ,2 REPORT TO COMMON COUNCIL M & C — 2010 -296 September 13, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: Exhibition Association Recreation Facility BACKGROUND 1 City of Saint John In February of this year staff presented a report to Council in Committee of the Whole related to discussions that had been taking place with the Exhibition Association regarding the possibility of constructing a new building on the Exhibition Association's land in East Saint John that could house an indoor playing field. At that time Committee of the Whole directed staff to include provision for the costs associated with preliminary design of the facility. This item was over - looked during the preparation of the 2010 Capital Budget and accordingly this report is being presented to request an addition to the Budget. ANALYSIS Over the past year staff has been involved in discussions with representatives of the Exhibition Association of the City & County of Saint John (Exhibition Association) regarding their plans to construct a new exhibition facility in East Saint John. The reason for the City being involved with these discussions is the Exhibition Association is considering the possibility of expanding the size of the Facility so that it can accommodate a wit. variety of uses included the possibility of an indoor sports field. This would be a very positive addition to our community's recreation infrastructure and the location would be well suited for this use. There were many questions to be addressed prior to a decision being made on the feasibility of this type of facility. The Exhibition Association decided to proceed with a Call for Proposals to engage a firm to carry out a feasibility study, site evaluation and preliminary design for the Facility. As the possible inclusion of an indoor sports field will be of significant benefit to the citizens of Saint John the City was been asked to contribute 50% of the cost of completion of this work. The estimated total cost for this work is approximately $100,000. 180 On the basis of Committee of the Whole approval of this item the Exhibition Association proceeded with the engagement of a firm to carry out the required work to complete a preliminary design for the new exhibition/recreation facility. The work is proceeding along well and a final report is expected by mid October. At that time the Exhibition Association will be in a position to determine the viability of proceeding with the proposed facility. At this point the City has committed to sharing of the costs of the study only, there has been no commitment made to any capital costs associated with actual construction of the facility. RECOMMENDATION That Common Council agree to fund 50% of the costs associated with carrying out a site evaluation and preliminary design of a combined exhibition/recreation facility to a maximum of $50,000 and That the 2010 Capital Budget be amended to reflect the addition of these costs. Respectfully submitted, And Lew P. Beckett M.A., C.A. Deputy City Manager J. Patrick Woods C.G.A City Manager 181 S 1'n the original tsty la ville ongmale Sept. 9, 2010 Dear Your Worship and Common Council, 15 Market Square, PO Box 1971 Saint John, NB E2L 40 T: 506.647.3792 F. 506.632.6118 info @saintjohn225.com www.saintjohn225.com Twitter: saintjohn225 Earlier this year, as part of the Saint John 225 celebrations, we issued a nation -wide request for proposals from visual artists to create a signature public art sculpture to commemorate our history and our people. We received 26 submissions and a seven - person jury reviewed each of them. They selected Peter Powning's submission, entitled Shards of Time, as the Saint John 225 legacy piece. You will find attached our report on those deliberations and a description of Mr. Powning's proposal, which includes a list of team members from UNB Saint John and the New Brunswick Museum and a plan to engage the public in helping to create the piece, which will be installed at the top of the harbour. We ask Common Council to approve the Saint John 225 committee's recommendation to award RFP No. 2010- 993001P respecting the purchase of a permanent installation of public art to Mr. Peter Powning of Markhamville, New Brunswick respecting his proposal, entitled `Shards of Tune' and that the Mayor and Common Clerk to be authorized to execute, on the City's behalf, the public art contract with Mr. Powning which forms part of the RF'P. Respectfully Submitted, Peter Buckland Chair, Saint John 225 182 ki t sainfln 2 F September 9, 2010 Report to Mayor Ivan Court and Members of Common Council City of Saint John The Passage in Time Public Art Project: As part of Saint John's 2251h anniversary celebrations and the City's designation as a Cultural Capital of Canada for 2010, SaintJohn 225 is commissioning a signature piece of public art to reflect and celebrate the many people who have lived at the confluence of the St. John and Kennebecasis Rivers and the Bay of Fundy. "The Meeting Place" and "Le rassemblement" have been Saint John 225's working titles for the public art, which will reflect the area's traditional role as a place where people and cultures have gathered. The completed work will be installed within a defined triangular area circumscribed by paths along Harbour Passage, just west of the Fort Latour site. In accordance with program budget previously approved by Common Council, the successful artist's fee is $200,000.00, plus HST. Request For Proposals - and Responses: After receiving the approval of Common Council, an RFP was issued by the City on March 29, 2010. Artists from across Canada had until June 24th, 2010 to submit a proposal for the creation and delivery of a permanent, piece of public artwork. As of the June 24 deadline, 26 submissions were received from artists located in six provinces across Canada. Three submissions arrived past the deadline and were returned unopened to the submitting artists, in accordance with the RFP provisions. Public Art Selection Jury: Seven jurors agreed to serve on the Saint John 225 Public Art Jury. We wanted an uneven number of jurors, in the event of disagreement not capable of resolution by consensus. The jurors for both the initial review and short- listing of the 26 submissions (held on July 13, 2010) and the later review of short- listed artists (held on August 31, 2010) are as follows: Monica Adair - Architect and Artist, Saint John Ned Bear - Sculptor, Fredericton Gerald Beaulieu - Sculptor, Montague, PE Terry Graff - Beaverbrook Art Gallery Curator, Fredericton Sarah Jones - Artist and Art Historian, Saint John Andre Lapointe - Sculptor, Visual Arts professor at l'Universite de Moncton, Dieppe Peter Laroque - New Brunswick Museum Curator, Saint John Jury Deliberations - and Recommendation: The jury met all day on July 13. Each juror had been provided with a complete copy of the 26 submissions two weeks in advance of the meeting. A summary I prepared of both the RFP criteria and the 26 submissions was also provided five days prior to the meeting, along with some procedural suggestions and requests. At the meeting, after determination of any potential juror conflicts, the RFP criteria were first reviewed, and each of the 26 submissions was presented in a summary way. This was followed by a visit to the site by the jury. Following the site visit, the jury began its formal deliberations. It initially reduced the acceptable submissions down from 26 to 12. Further discussions and deliberations reduced the submissions further to three, then two - and the jury recommended shortlisting only two submissions for further detailed response, as follows: • Shards of Time - proposal of Powning Designs Ltd.; and 1 183 • Time Traveller - proposal of John Greer, Vanessa Paschakarnis and Leon Katsepontes on behalf of MILIEUunderscore. The jurors also recommended that a number of questions and clarifications be put to the shortlisted artists - and that their responses (with maquettes and additional details) also include answers to these questions /clarifications. Both artists supplied maquettes and responses to juror questions by the agreed August 27 deadline. The jury met again all day on August 31 to review the two shortlisted submissions referred to above. Each juror had been provided with a complete copy of the two supplemental submissions (including answers to the questions posed by the jury) in advance of the meeting, and hard copies at the meeting. At the meeting, after determination of any potential juror conflicts, the RFP criteria were again reviewed with the jurors. This was then followed by separate presentations by each of the shortlisted artists, a review of their submitted maquettes and questions to the artists by the jurors and Saint John 225 Committee representatives in attendance. The jurors discussed all aspects of both submissions in considerable detail. After lengthy discussion, the jurors were polled and it was agreed that the Powning proposal - Shards of Time - would be recommended for acceptance by both the Saint John 225 Committee and Common Council. Shards of Time: A description of the proposal of Powning Designs Ltd. (in the artist's own words) is set out below. This proposal is based on the immensely rich historical and archaeological heritage of the area as well as its position along the harbour, where the river meets the bay and inhabitants have congregated over millennia. Our concept is to use the form of an ancient artifact to represent the depth of time that humans have been present in this vicinity - so- called 'Paleo- Indian" peoples inhabited these shores perhaps as long as 11,000 years ago, and artifacts found near this site may date from that period. We will use a fragmented, reconstructed vessel form (e.g. bowl shape) emerging from the ground like a half - exposed archaeological find. The various shards of the partially reassembled vessel will include on their surface actual impressions of objects from the material cultures of past inhabitants up to the modern era -from stone tools to cell phones. 2 184 This concept allows us to produce an exciting contemporary sculpture that will act as a canvas for historical material without being didactic or predictably representational. Encounters with this sculpture will allow in- depth investigation of the "historical mulch" of human occupation, as viewers discover impressions of artifacts including tools, domestic paraphernalia, shoes, clothing, crests, badges, coins, medals, a sextant, and fragments of larger objects. These will be organized by historical period on various "shards." The shards will be placed chronologically, in order to provide an historical narrative. Some shards will be missing, representing gaps in our knowledge and understanding of the distant past. Many of the items represented in relief on the sculpture might be found in the New Brunswick Museum. A web site with a catalogue of the objects included and a bit of their history will be developed in conjunction with this project. It will also include images of the process of making the sculpture from beginning to end. This sculpture will present many varied educational opportunities. The sculpture represents the sweep of human presence. It will itself be a meeting place, encompassing a space traversed by a footpath, where people will have encounters with each other as well as with the sculpture and its wealth of detail. It will be a destination, a locale ... a meeting place. We also propose that there be an active community element in this project. We will be asking people to come to us (perhaps at the NB Museum) with small historical artifacts that we can make impressions from, or sketch, for inclusion in the fabric of the piece. Community involvement helps to foster community interest, understanding, and acceptance of public art. It would make sense to precede installation of this piece with media events emphasizing the participatory nature of the project, the derivation of its form, and its local historical basis. This will be an accessible sculpture. 3 185 Request For Common Council Acceptance: The Saint John 225 Committee respectfully requests that the Mayor and Common Council approve the Saint John 225 Public Art Jury's and the Saint John 225 Committee's recommendation to proceed with Shards of Time, the submission from Powning Designs Ltd. The specific resolution requested of Common Council is as follows: RESOLVED that Common Council accept the recommendation of the SaintJohn 225 Public ArtJury and the Saint John 225 Committee and award RFP No. 2010- 993001P respecting the purchase of a permanent installation of public art to Powning Designs Ltd., Markhamville, New Brunswick respecting its proposal and supplemental proposal entitled 'Shards of Time", and that the Mayor and Common Clerk be authorized to execute, on the City's behalf, the `Public Art Contract" which forms part of RFP No. 2010- 993001P with Powning Designs Ltd. Respectfully submitted; Michael Wennberg Chair Passage in Time Public Art Subcommittee Saint John 225 186 M f � �har�l� of Time 187 N 188 Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 Table of Contents a 4-5 Proposal text 6-9 Sculpture images 10 Proposal images. 11 "In brief '& & NBM letter 12-13 Landscape plan 14-15 Response to jury questions 16 Lighting plan Greg Marquis CV. 17 Budget Jim Sackville, BDA CV. 18-21 "Historical Periodization and Material Culture" Professor Greg Marquis 22-23 Peter Powning, bio, CV, Statement of Interest 24-25 Jake Powning CV 26-30 Team CVs 30 Reference list i.s Powning Designs Ltd. 610 Markhamville Road Markhamville, New Brunswick E4E 4113 www.powning.com 506- 433 -1188 peter @powning.com 189 I rd Meeting Place Sculpture Powning Desi -,ns Ltd. PROPOSAL 2010-99'1001P — PnNic Art — Saint John 225 Shards f Time This proposal is based on the immensely rich historical and archaeological heritage of the area as well as its position along the harbour, where the river meets the bay and inhabitants have congregated over millennia. Our concept is to use the form of an ancient artifact to represent the depth of time that humans have been pres- ent in this vicinity — so- called "Paleo- Indian" peoples inhabited these shores perhaps as long as 11, 000 years ago, and artifacts found near this site may date from that period. We will use a fragmented, reconstructed vessel form (e.g. bowl shape) emerging from the ground like a half - exposed archaeological find. The various shards of the partially reassembled vessel will include on their surface actual impressions of objects from the material cultures of past inhabitants up to the modern era — from stone tools to cell phones. This concept allows us to produce an exciting contemporary sculpture that will act as a canvas for historical material without being didactic or predictably representational. Encounters with this sculpture will allow in- depth investigation of the "historical mulch" of human occupation, as viewers discover impressions of artifacts including tools, domestic paraphernalia, shoes, clothing, crests, badges, coins, medals, a sextant, and fragments of larger objects. These will be organized by historical period on various "shards." The shards will be placed chronologically, in order to provide an historical narrative. Some shards will be missing, representing gaps in our knowledge and understanding of the distant past. Many of the items represented in relief on the sculpture might be found in the New Brunswick Museum. A web site with a catalogue of the objects included and a bit of their history will be developed in conjunction with this project. It will also include images of the process of making the sculpture from beginning to end. This sculpture will present many varied educational opportunities. The sculpture represents the sweep of human presence. It will itself be a meeting place, encompassing a space traversed by a footpath, where people will have encounters with each other as well as with the sculpture and its wealth of detail. It will be a destination, a locale ... a meeting place. We also propose that there be an active community element in this project. We will be asking people to come to us (perhaps at the NB Museum) with small historical artifacts that we can make impressions from, or sketch, for inclusion in the fabric of the piece. Community involvement helps to foster community interest, understanding, and acceptance of public art. It would make sense to precede installation of this piece with media events empha- sizing the participatory nature of the project, the derivation of its form, and its local historical basis. This will be an accessible sculpture. This proposal relies on a team approach using the talents of quite a number of highly qualified individuals and the services of local companies. We are excited about the potential this project presents. This concept is meant to pay tribute to all who went before us in a comprehensible and meaningful way. P.� r•. ,o 'r r L� Late Maritime Culture Artifacts The pottery vessel on the left is an example of the dentate stamped decorated pottery characteristic of the northern pottery tradition in Late Maritime culture. The two peaks along the rim of the ves- sel are called castellations and are a common decorative feature not found in the southern pottery tradition. The pottery vessel was adapted from McIntosh (1909). In the centre of the Figure is a typi- cal chipped stone projectile point while to the right is a unilaterally barbed bone harpoon with line or rivet attachment hole. (Drawings by Mr. David W. Laverie.) .11 Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 Shards f Time Materials: Pigmented and stained concrete, stainless steel reinforcing matrix, cast bronze. All are proven materials for outdoor sculpture. Maintenance: Water and a soft brush can be used to wash off accumulated dust, salt spray, bird waste, etc. The surface will be sealed. Graffiti will be removable without damaging the sculpture. Size: Roughly 12' diameter x 16' wide x 10' tall. Estimated weight: 6 tons. An engineered foundation suitable to the soil types and site will easily handle this load. Installation: It would be our intention to prefabricate bronze and steel elements at our studio in Markhamville to be assembled and finished on site. Site: The proposed positioning of the sculpture within the area specified by the RFP site plan was done in consultation with Basic Design Associates. Timing: We feel it would be unrealistic to expect a sculpture of this scale to be completed in 2010. There will be considerable research and time required to produce the sculpture. While we are flexible regarding the installation date we think that July 2011 is a reasonable time frame. Cost: We would produce the proposed sculpture within the $200,000 budget including footings, engi- neering, fabrication, delivery and installation. HST would be on top of that. This sculpture will be made in New Brunswick using New Brunswick know -how, labour and materials. All fabrication will be done in New Brunswick including bronze casting, steel matrix fabrication, and bronze casting. Our team presents a wide range of experience and talents, particularly suited for producing an exciting contemporary sculpture with a rich narrative that will engage the public. Peter Powning RCA — artist. Jake Powning — artist, designer, carver. Consultants: Historical research: Greg Marquis PhD., UNBSJ Archaeological consultants: David Black PhD., UNB Fredericton; Susan Blair, associate professor UNB Landscape design: Basic Design Associates, Larry Stewart. Lighting Design: Luis Rocha, Lightstudio Architectural Lighting, Engineering: Structural: Dan Estabrooks, Estabrooks Engineering (engineering of reinforcing frame and foundation). Concrete: G. Ross Whitcomb P. Eng., Hugo Bursich, Senior Concrete Technologist, Conquest Engineer- ing (concrete formulation and testing) Please see attached CVs and company profiles pages 26 - 30. above: Sample of cast bronze "historical mulch ". This method allows us to incorporate a wide range of historical artifacts. Different "shards" in the sculptural vessel will each cover an historical pe- riod. This technique can render quite detailed repro- ductions of objects (coins for example). It also can incorporate symbolically the overlapping and inter- mingling of cultures. 111ittorical pottery shards 5 Powning Designs Ltd. �4 PROPOSAL 2010- 993001P — Public Art — Saint John 225 192 71, f 1, I u fj! Shards of Time 10' highest point based on 12' diameter 18' at its widest point Cast bronze, pigmented and stained concrete. Stone dust and stone landscaping. cast �•s fi r -s ..4 �_. V - -w. :e "historical mulch" using common objet Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 193 I Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 r -fs 194 Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 9 195' Shards of Time 10' highest point based on 12' diameter 18' at its widest point Cast bronze, pigmented and stained concrete. Stone dust and stone landscaping. 10 Mock up of sample web page. HOME MAKING THE SCULPTURE ABOUT THE SCULPTURE ARTIFACT CATALOGUE THE ARTISTS THE TEAM RESOURCES DISCUSSION Powning Designs Ltd. PROPO , Sham; of T'lre y T 1. Silver spoon, circa 1896. Typical family silver of merchant family. NB Museum collection. 2. Horseshoe, late 1800s. Handforged from preformed blank, an advancement over forging from straight bar. This is a size that would have been on a riding horse or small carriage horse. In the late 1800s the streets would have been full of horse drawn conveyances and the sounds and smells in town would have been quite different than now. Offered for use by Mrs. Kay Little. 3. "C" Clamp, 4. Brush, probably imported from China by a a sailor, late 1800s. Sailors from the area travelled the world on ships that sailed from Saint John. They were probably a good deal more wordly than we might think. 5. Nut. An early example of a machined nut. 1890s. 6. Wooden hot plate. This was of local manufacture by the Hortense B Goode Woodworking Co. 7. Stilson wrench. Not only did the Stilson's make fine cheese but in reaction to the great cheese crash of 1877, brought on by blockades during the US Civil war, Kipling Maddox Stilton the 3rd who immigrated to Saint John in 1873 started a tool manufactury to produce a range of hand tools that were difficult to import from England during this period. 196 Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 In Brief: Shards of Time: • is a team effort using the talents and expertise of many people working together to produce a signifi- cant public sculpture that evokes the historical importance of the area. • involves the community in the process. • engages the public in experiencing and exploring the texture of local history through art. • presents rich educational opportunities. • will use local resources. • is the creative effort of a multi - generational collaboration. • is an original concept combining contemporary art practice with historical context. • explores history through material culture. • will, through its companion web site, provide layers of information, context and meaning. • will be thoroughly documented. Images and information of the making of the sculpture will form a section of the web site. This will include bronze pouring, model making, steel fabrication, research notes, public meetings, press coverage etc. We will include a discussion area where questions and answers will be posted on the site as a means of further engaging the public and as an educational resource for students. will be perfectly comprehensible and powerful as a direct experience without recourse to the web site. The web site will simply add depth of information for those interested. NEw BRUN-MCK MUSEUM �lt'SEE Du NToL'VFAv -BRU1+ SUCK August 23, 2014 To Whom it May Concern, On behalf of the New Brunswick Museum (NBM), 1 would like to express the NBM's interest in the "Meeting Place Sculpture" proposal by Peter Powning. As you know, the NBM is the provincial museum, responsible for the understanding, preservation and interpretation of the natural and human heritage of the province of New Brunswick. During the past several years, the NBM has participated in several opportunities to interpret stories and pieces from the NBM's collection in innovative new ways. Projects such as "Art and Artifacts ", the recent exhibition of work by Colin Lyons and the upcoming exhibition of work by Janice Wright Cheney all provide opportunities for artists to work with pieces of New Brunswick's heritage, creating new ways to experience and understand these stories. Peter Powning's proposal is a continuation and expansion of these types of activities. The NBM would be pleased to work with the artist to provide access to the NBM's collections and stories. Based on mutually agreeable schedules, the NBM Exhibition Centre at Market Square would also be available as a venue for consultations by the project historian and researchers. If you have any questions about the NBM's participation in this project, please contact me at: y _ mrib.ca. 506 -643 -2345 orb email at: iane.fullerton(c1) hn� -zYa I wish you well in your deliberations. Sincerely, Jane Fullerton CEO 277 Douglas Avenue, Saint john, New Brunswick, Canada E2K I ES 1 277, avenue Douglas, Saint John (Nouveau - Brunswick) Canada E2K I ES 197 Tel. 5061 643 2300 Fax (50(1 643 2360 T61. (506) 643 7300 T616cooie (5061643 2360 11 12 NOTES: GRASS EXISTING WILD FLOWER PLANTING O WALKWAY Zoo + + + + 5c 20. + + + + IIIIIIIIIIIIIIIII + + O PuGJ + + + + + + + + + EXISTING o + + + + + + + + + + BENCH + + + + + + + + + + + + + + .gyp + �/� + + + + + + + EXISTING RN � \NE + + + + + + + ++ + + + + + + + + ++ BENCH + + + + + + + + O+ + + + ++ + SCULPTURE' + + + + + + ++ + + + + + STONEDUST + + + + DATE REVISION + ++ BDA 0 � � ia- fdGotr* Arckiffttr ■■■ EXISTING WALKWAY O 1 O O O 828 Main Street Sussex, New Brunswick RE 2M5 Sussex: 506.433.5821 — Moncton: 506.853.3083 — Fax: 433.6755 Email:info ®bdaltd.co Website:www.bdoltd.ca RANDOM FLAG O RANDOM FLAG STONE PATH �ti. STONEDUST STONE PATH Project No. 2575 SHARDS OF TIME SAINT JOHN, NB LARGE STONE SEATING (450mm HTt) EXISTING WALKWAY 198 Drawing PRELIMINARY LAYOUT PLAN Scale 1 :100 Date AUGUST 20, 2010 Dwg No. PL-1 Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 The landscape plan places "Shards of Time" as if it were an intriguing artifact emerging from the ground at an archaeological site, perhaps partially restored. The site plan will provide ample room for public contemplation. The ground will be surfaced with stone dust; a fine gravel that compacts well and is very low maintenance. It accommodates foot traffic without wear or damage, has an appealling texture and colour, and is locally available. The sculpture grounds will be transversed by a random flagstone path us- ing large stones embedded in the stone dust. We propose using two large natural boulders, positioned as shown, for seating and to enhance the site. I have included in my budget the cost for the architectural plan and oversight, materials, and labour for the stone dust. It is my hope that the city of Saint John will provide the planting and stones. The sculpture will be fine without them but we think the site will be improved by their inclusion. I will oversee selection and placement of the stone. WALKWAY NOTES: 4g To, WILD FLOWER PLANTING — _k JEAFDATE REVISION i f BOA o 1­41cal�,e AYckifft* omm k , EXISTING WALKWAY SCULPoTURE Q 828 W. . s BM.k ec zu �O Mz, . M�M rte: C7:0 maiiMOOEEOIN.<u wmxa....mxrta.x O j Q Off' Project No. 2575 RANDOM FLAG ,b STONE'11 . / O STONE PATH SHARDS OF TIME SAINT JOHN, NS LARGE STONE SEATING. (450mm HTt) Dr—ng EXI AY 1 PRELIMINARY LAYOUT PLAN Sc°le 1:200 NORTH Me AUGUST 20, 2010 Dwg Na. - PL -2 199 Illustration of stainless steel rebar frame. EDA m■■ �A,t--Pfjc� e Arckittcfj 929 Main Strew Su58eas INS E4E 2M5 0 H r1 a d a Shards of Time Preliminary Costing August 20, 2010 Site Work Schedule of Unit Prices O 13 Item No. Description Unit Quantity Unit Cost Extended Price 1 Stonedust Surfacing sq. M 150 $30.00 $4,500.00 2 Random Flagstone Path sq. m 20 $175.00 $3,500.00 3 Large Stone Seating each 2 $2,000.00 $4,000.00 4 Wild Flower Planting each 120 $20.00 $2,400.00 Subtotal $14,400.00 20% Contingency $2,880.00 13% HST $2,246.40 Total $19,526.40 14 Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 Attachment 1 Shards of Time — Powning Designs Ltd. Proposal Questions from jury. • Will staining occur on the work or on its base as a result of the natural rusting of corten steel? If staining is not intended, explain the steps to be taken to ameliorate this issue. No. We will be using stainless steel for the frame and reinforcing mesh. • Will any part of the work be climbable? Specifically, will objects embedded in the work create climbing hazards? Almost any public object can be climbed by a determined climber. Think of any of John Hooper's public sculp- tures. Time Peace is a good example. I don't think "Shards of Time" will invite climbing and the bronze "mulch of history" shards should not present a climbing hazard. They are in light relief. Climbing shouldn't be an issue as far as damage to the sculpture is concerned. • Will water collect in areas of the work (exterior or interior) and — if so — how will the work be affected by freezing and thawing conditions? The sculpture is essentially vertical with a rim and openings where "shards" are missing. The concrete will be a dense, impervious matrix that will be sealed. The site will be graded for drainage so water should not collect on the ground. The landscape architect will ensure proper drainage design. • How will the structural integrity of the precast concrete, with corten steel reinforcing matrix, be affected by imbedded bronze casting — including any results of natural freeze -thaw action? As mentioned earlier we have decided to use stainless steel reinforcing. The bronze castings will be attached to the stainless steel frame. They will be isolated from the concrete with a flexible membrane used in the building industry to accommodate expansion and contraction differentials. This will be specified by the structural engi- neer. • How easily will graffiti, paint, etc. be removable from any area of the work, particularly uneven surfaces and those areas with embedded objects? We will be consulting with Ross Whitcomb, Conquest Engineering, regarding cement mixes, colouring, testing, sealing and coating recommendations. There are a number of "anti- graffiti" coatings available on the market that claim to make paint and other substances easily removable from concrete. The concrete will be pigmented throughout. That means that even if someone were to chip a piece off the surface with a hammer, the interior will be coloured. The surface will have added colours using stains that chemically combine with the cement. Paint removers would not affect these colours. Although unlikely, if patching were to be required it would be easy to do and blend. The surface of this sculpture will be a complex, textured surface with an aged multi - coloured appearance. Any remnants of paint or dirt remaining after normal cleaning will add to the patina of time. This sculpture is not meant to have a "pristine" appearance but that of an ancient object dug up from the earth. • Please explain how the work would be repaired if damaged. I'd like to stress that it will take considerable effort and tools to damage this sculpture. However if damaged it can be repaired. 200 One of the advantages of cement is the ease of repair. The varied texture and colour of the surface will make colouring and blending of any repaired areas simple. The bronze can't really be damaged although the surface could be marred. Bronze surface refinishing is also easily accomplished. I expect as a result of repeated touch- ing and rubbing that areas of the bronze will take on a "hand patina" like the nose on a bronze lion outside of a public building. I see this as desirable. • Will colours in the work fade over time and — if so — how and over what time frame? The manufacturers of the pigments and stains that will be used to colour this sculpture claim that the colours will not fade. In discussing this with people who deal with pigmented concrete in construction, I have been assured that this is the case. I have spoken with architects and precast companies that I am consulting with on other projects. Conquest Engineering will be specifying colour -fast pigments and stains. • Please provide any specific concerns you have about placement of the work within the area outlined in the site plan attached to the RFP. We have thoroughly reviewed placement with Basic Design Associates, our landscaping consultant, and while I am flexible about placement and orientation, we feel that we have come up with a good placement plan (see images). • Please provide any needed or useful elaboration on the maintenance schedule for the work (including pathways and landscaping). The manufacturers of the sealer and coatings have various recommendations about periodic maintenance of the coatings. Since what we'll be using will only be determined once the consulting engineering company (Con- quest Engineering) is engaged, this schedule will be established at a future date. It seems likely that periodic hosing down to remove surface dirt will be sufficient (probably twice a year). Refurbishing protective coatings looks like it is recommended every 5 years or so. The following is one example: ND GRAFFITI SHIELD TM Water Based Sealer & Finish MAIN BENEFITS: Available in Glossy and in Satin /Matte Version Prevents Graffiti Damage to Sealed Surfaces Can be Installed on Almost Any Surface or Object Very Low VOC: Only 16.2 g11 per California VOC Regulations Exceptional Durability and Resistance To Staining Does Not Attract Soils and Dust Water Based: Very Low Odor, Easy Cleanup Warranted For 5 years Please see landscaping plan for maintenance details. Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 15 • Is there intended to be a didactic panel or label? If so, please describe it and explain how it relates to and affects the work. We have decided that a dedicated web site would be the best approach to this. The URL for the web site would be clearly marked on an accompanying bronze plaque. The web site will contain a wealth of information about the sculpture, the artifacts included, a time line, historical information as well as images of the fabrication of the sculp- ture. I urge you to have a look at Jake's site. He will be in charge of site design and layout. A sample of his step -by- step tutorials can be seen at http:// www. powning. com /jake /commish/progress2.shtml. It will be a strong adjunct to the sculpture and it's concept. Smart-phone users will have access to the information at the site, others on their home computers or publicly accessible computers. That being said, we think the sculpture will be perfectly comprehensible and powerful as a direct experience without recourse to the web site. The web site will simply add depth of informa- tion for those interested. • Whether or not there is any panel, how would the "catalogue of objects" for the work be presented? How would this didactic component relate to the overall work itself? As mentioned above, the catalogue of objects and ancillary information will be available on the web site. The web site opens up many possibilities. It will have links to more historical information, it could add school projects based on the sculpture as further resource information. The beauty of a web site is that it can grow and evolve as time goes on. We will design and build the web site. We think it will be a good fit for the NB Museum or the City of Saint John. Site maintenance will be a matter for discussion and negotiation. At the very least Powning Designs would host the site as a part of our site. • In the context of the different cultural histories in the area of the site, as described in the RFP, please de- scribe the steps to be taken, and the consultations involved, to reflect those histories in the work. I will be working with Greg Marquis, UNBSJ and David Black and Susan Blair UNB Fredericton as consultants on the history and prehistory of the site to identify suitable objects and artifacts to represent eras and special events, as well as the range of peoples who have frequented or passed through this meeting place to bring it alive. They are enthusiastic about this project. They are very experienced in their respective fields (history and archaeology). We will begin right away to define what period each shard will cover and then identify appropriate artifacts or objects that would best portray that time. As artifacts are identified a list will be compiled with possible sources for the actual artifact, or a reasonable reproduction or casting of the object. We can also use images from which we will model a replica to use in lieu of an impression from the original. The collected impressions and replicas will be organized by "shard ". As each shard accrues sufficient objects I will make the impressions for that shard, create a plaster master pattern from it to produce a mold for bronze casting. We will also be looking for public input for objects to include impressions from. We intend to have a day or two for members of the public to bring items to us to consider for inclusion. These can be from any era. Each shard will have a somewhat different feeling but all will use the technique I'm calling the "mulch of history," intended to evoke an archaeological starta as found at a dig. One of the aspects of this approach that appelas to me is that there is a lot of room for discovery and creative development as the process goes along. We think this is an in- novative, inclusive approach to a public artwork. Please see the attached report by Greg Marquis (pp. 18 -21) that forms a starting point for identifying historical peri- ods and events, mainly for the "historical period ". David Black and Susan Blair will be providing an analysis of the pre - historical period. Professor Black and I agree that we must identify and select pre - historical artifacts in consulta- tion with appropriate first nations representatives such as MACA (Maliseet Advisory Committee on Archaeology). He feels confident that this can be done respectfully and efficiently. 201 • Please provide a reasonably detailed time line (including a description of the necessary steps) for completion of all aspects of your proposal, including all aspects of public consultation, public sharing of artifacts, etc. - to and including final installation. Time line October, 2010 Most materials will be ordered at this point. I have quotations for the materials that will be used in this sculpture. It is my practice to order the materials at the beginning of the process to ensure that we don't get caught by price increases as time goes on. Digital scanning and 3D drawings of the model. Structural engineering will be started by Estabrooks Engineering. October - April Determination of appropriate objects, and artifacts will be ongoing from October through April. During this time we will be researching and taking impressions of artifacts to be included, making reproductions of artifacts too fragile to use directly, and finding or producing suitable reproductions of objects or artifacts for use in the bronzes. They will be categorized by era, which will be determined with our consultants. We will also be keeping records (text and images) of the objects that will be included. These records, as well as technical processes (carving, bronze pouring, mold making etc.) will be used as the basis for a web site that we propose in support of this project. The site will be available to the general public on -line. We expect that either the city of Saint John, or the NB Museum will be interested in hosting this site or in linking to it. As an alterna- tive it could be appended to the extensive Powning Designs site. We propose that the site address be listed on a bronze plaque at the sculpture site that will also include the sculpture name and artist's names. January - February We will hold one or more public events. People will be invited to bring in artifacts that might be appropriate to use in the sculpture. We will take impressions and photographs of the objects at that time. A likely venue for this will be the NB Museum. March - June We will cast bronzes from the accumulated impressions. We will construct the sculpture frame. Concrete formulations and colouration will be tested by Conquest engineering. Engineered foundation will be poured on site. July Frame will be installed with attached bronze "shards" ready for application of cement. Cement will be applied /poured. Surface will be finished, stained, and sealed. Any in- ground lighting will be installed. Landscaping will be the final step in the process, overseen by Basic Design Associates Ltd. VISUAL INTEGRATION OF THE SCULPTURE INTO THE SITE NEW ARCHITECTURAL IN GROUND FIXTURES ILLUMINATE FACADES OF SCULPTURE . PAR Metal Halide Ins Mho 7— SHAKOS OF TIME Fes` .,. •rw�e.yaae� rer.� tff�<Lmv-mr L3 (` 1V° Dies II Ir'� r -. .ARCHITECTURAL INGROLIND LIGHT FIXTURE NIETAaL- HALIDE35WPAR30 (30DEG.) ADJUSTABLE OPTICS, DOME GLASS LENS PETER PCiWNINti ARTIST RENDERING OF SCULPTURE �.LSEXISTIN ExWK I np RQ�ER PLW.W— >wx�sr Mum LS-Et'STING EENCH - 40 C) Li =, . l-T -1. . srcr>H Uffilmuff SMK Farr LT -1' . l 1AW SSW SW W MT.W. auxux LS- W4r 1w NORM LIGHTING SITEPLAN LIGHT-STANDARD - ;.T►LT-1 IN+GROUND FIXTURE LIGHTSTUDIO Aw „ »+o p w,o:r.P4, 34,,.y LIGHTING CONCEPTS ����TO �a ON ARCHITECTURAL LIGHTSTANDARDS GMADA LFLAH 202 TEL 414 31$ -,Wl 0 LD41A Powning Designs Ltd. PROPOSAL 2010- 993001P - Public Art - Saint John 225 17 • Your budget does not refer to lighting. Please describe lighting requirements, expected costs and proposed location(s) for lighting. In the many public commissions that I've done, none have required lighting to be included in the sculpture bud- get. I have often consulted with a lighting designer to provide appropriate lighting for my work at the client's expense. The lighting for BOLT at SJ Energy was provided by SJ Energy, the same is true for all of the other public commissions I have done. I have included the cost of the lighting consultant in my budget, but not the cost of fixtures or installation. Light- ing is not integral to the sculpture. No lighting parameters were provided by the RFP. The lighting plan included here would be quite suitable for Shards of Time. I'd like to avoid any more lamp standards near the sculpture. Luis Rocha estimates that the lamps will run about $2,200 each installed. There eight lamps in his lighting plan. 203 • Please provide a more detailed budget for the stated $200,000 (plus HST) expenditure. Cement: Winterstone 200 bags @ $46/ bag (33 #) 221 bags $ 12,000 Mixer $ 1,000 Pump rental $ 2,000 Concrete engineering and testing $ 3,000 Stains and pigments and coatings $ 7,000 1 gal stain /200- 400ft2 3 -5# pigment/ 100 #cement @ $5 /lb Bronze membrane $ 1,000 Frame /reinforcing. Stainless steel 16mm SS 316 2,000' .375 d x $1.50 /ft $ 3,000 Ferrier wire 1/" ss mesh 700 ft2 @$3.44 ft2 $ 3,000 Frame fabrication. $ 12,000 Foundation $ 10,000 Engineering - structural $ 3,000 Transportation and cranes $ 3,000 Bronze casting. Assuming a band of bronze .75" thick x 18" x 80' 13,000 in3 x .3# /in3 = 4,000 # bronze x $6/# $ 24,000 sand 40 molds, 2 bags/ mold @ $81bag $ 1,000 Binder and catalyst $ 1,000 Propane $ 3,000 Crucibles $ 500 Immersion pyrometer $ 1,000 Hired labour bronze $ 11,000 Hired labour cement $ 10,000 Clay for impressions 19 boxes $ 1,000 Plaster for impression patterns and supplies $ 1,000 Landscape design $ 2,000 Landscaping $ 5,000 Lighting design $ 1,500 Consulting re: history for objects and time lines $ 3,000 Web site development 5,000 Sub Total $130,000 Contingencies @ 15% $ 19,500 Artist labour, fees and studio overhead. $50,500 Total $200,000 plus HST 18 Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 Shards of Time Historical Periodization and Material Culture: Fort LaTour /Portland Point Area Prepared by Professor Greg Marquis, Department of History and Politics, University of New Brunswick, Saint John for Powning Designs Ltd. August 15, 2010 Geographic orientation: Portland Point, an unassuming area, is centrally located along the Harbour Passage pedestrian trail, on the north side of Saint John harbour. This historic site has been very much a crossroads or meeting grounds for people for thousands of years, primarily because of its strategic location at the junction of the Saint John River and the Bay of Fundy. On overview of the human uses of the Portland Point area is useful in helping us understand the history of not only that site and its surrounding area, but also Saint John in general. Early Period: Archaeological knowledge of the Saint John area is lacking. Why? 1. Many camp sites, etc., were on the coast and the water levels in the Bay of Fundy and Saint John River have risen over the centuries, hiding evidence of prior human occupation. 2. Acidic soils of the New Brunswick hasten deterioration of carbon -based artifacts. 3. Much of coastal Saint John has been altered by human activity- port development, housing, roads, rail- ways, harbour bridge, warehouses, industry, etc. 4. Lack of funding for archaeological studies. Oldest archaeology finds for Saint John area- 4000 -5000 years Before Present (BP)? The 1950s excavations by the NB Museum at Portland Point at the mid 1600s Fort LaTour area, revealed evi- dence of the trading post (French 1630 -54; English 1650s -late 1660s ?] as well as a `copper kettle burial site' that was, in the 1950s, labeled as Mi'kmaq. An early 1970s archaeology survey of Saint John lamented that the area had been neglected by public archaeol- ogy. In the 1990s, a report was carried out for the area along Chesley Drive where the Bentley Crossing townhouses were later built. Recently, a report was prepared on the sloping ground between the NB Museum on Douglas Avenue and Marble Cove. 204 The so- called Paleo- Indian culture was present in the Maritimes c. 10,000 years BP. It is associated with Debert, NS, and Debert Point projectile points. We are not sure if any spear or arrow points this old have been found in the Saint John area, but they were fashioned and used by cultures from New England to Nova Scotia. W I The later `prehistoric' era included the Maritime Archaic era, c. 9000 -6000 years BP. The Native peoples in this era also hunted sea mammals with harpoons equipped with toggles. The Maritime Archaic culture lasted into the period 6000 -3500 years BP, with further evidence of toggling harpoons made of bone. First Nations: The mouth of the Saint John River tends to be identified as part of the traditional territory of the Maliseet or Wolastoqiyik (Wolastoqiyik organizations, Provincial government heritage and tourism resources; most ethno historians). Note: NB Museum has hundreds of artifacts of the Wolastoqiyik: [see virtual gallery, http: // website. nbm- mnb.ca/ Koluskap /English/Gallery /index.php] There is some evidence that the early Mi'kmaq and the nearby Passamaquoddy also frequented the Saint John area in the past. Both the Wolastoqiyik and Mi'kmaq cultures have oral tradition stories of Glo- oscap/Koluskap with links to geographic points in the Saint John area. They were all members of the Wabanaki, a larger cultural entity that included the peoples of both Maine and New Brunswick. Specific First Nations uses of the Portland Point area in the pre- Contact period (prior to 1600) are un- known, but its geographic position would have made it central to their activities on and near Saint John harbour. To the west and north were coves such as Marble Cove and the portage that avoided the Revers- ing Falls rapids. To the south was a fishing island, later called Navy Island, where the French encountered a native village or encampment in 1604. Beyond that was west Saint John with access to coastal areas such as the Saint's Rest marsh. To the immediate east were wetlands now known as the Marsh Creek watershed, which provided communications to territories to the east such as Chignecto, Shediac and Miramichi. Natives either living in or visiting Saint John would have hunted, fished, harvested shellfish, eggs and plants and other items, and engaged in trade, feasting and other social activities. There also would have been activities relating to spirituality and war. Material culture: Traditional First Nations items such as tools; fish hooks; scrapers; arrow and spear heads and other weap- ons, toys; clothing; pre- European trade items [Labradorite, silica from the Arctic, shells collected for trade with inland tribes]; discarded materials [shell middens] and other evidence of settlement /camping activity such as fire rings, tent and lodge pole holes, and possibly grave sites and goods. Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 European Contact The 1500s: It is possible that the Vikings who briefly settled in northern Newfoundland c. 1000 BP also explored the wa- ters of New Brunswick, but no physical evidence supports this theory. Jacques Cartier wrote of his voyage to the shores of northeastern New Brunswick in 1534. Prior to this it is very likely that Basque, Portugese, French and possibly English fishing vessels were frequenting the Bay of Fundy /Gulf of Maine on a seasonal basis. No detailed accounts of such voyages exist, but most historians agree that a casual fur trade developed with coastal peoples in the 1500s. There is also evidence of violence, suspicion and mistrust and even the kidnapping of coastal native peoples by the Europeans. European trade goods, such as knives, metal pots, etc., would have started to infiltrate Native culture well before official exploration and settlement. French Period: In 1604 the DeMonts- Champlain expedition encountered a fortified Native community on the island south of Portland Point; it was described in some detail by Marc Lescarbot in his early book on Acadia, and an engraver depicted the settlement on Champlain 1613 chart of Saint John harbour. Lescarbot recorded that "Ouigoudi' was a settlement of the "Etchemin," [an early French term for the Maliseet]. Champlain's writings were silent on the tribal identity. These early records indicate that Natives from as far away as the Gaspe and Nova Scotia were present in the area, preparing to journey down the coast of Maine to take part in fur trade - related warfare. Eventually the seasonal fur trade was followed by a more permanent European presence. At Saint John there was little in the way of actual settlement; Fort LaTour under Charles LaTour and his successors was a trading base designed to tap the fur trade of the interior of New Brunswick. There are no surviving plans or drawings, so the `look' of the fort 1630 -54 can only be guessed at. Some archaeology has been carried out on the site. A grave site discovered in the 1950s suggested a Native presence contemporary with the French occupation, and the documentary evidence for the rest of the 1600s and early to mid 1700s suggests that Wolastoqiyik, Mi'kmaq and Passamaquoddy were in the area engaging in trade first with the French, and later the British (1750s -). In the period 1655 to 1670, the trading post at Saint John was controlled by New Englanders. Beaver pelts were in high demand but the Natives also traded moose and other skins. The infamous attack by Chamisay on Fort la- Tour in 1645, resulting in the killing of its garrison and the death of LaTour's spouse Marie, was the single most violent military event in Saint John's history. Material culture- Everyday 17th century European tools; household debris; items from the fur trade; remains of domesticated animals; fish hooks; musket balls; musket ball molds; tin ware; powder horns; small cannon; parts of wheel - lock or flintlock muskets; knives; buttons; cutlasses, pistols; pike heads; crockery; coins; door hinges and other artifacts from the fort and its buildings. Ile I. 205 There were few Acadian `settlers' in the Saint John area. In the 1690s, the French made feeble attempts to fortify Saint John, but their commander, Villebon, retired to the junction of the Nashwaak and Saint John rivers, near Fredericton, where with the help of Native allies he built a base. In 1710 Port Royal, across the Bay of Fundy from Saint John, was permanently occupied by the British, which changed the dynamics at Saint John. The French had a sporadic presence in the area until the 1750s, when the British captured Fort Beausejour and even- tually Louisbourg. By the late 1750s they had occupied the mouth of the Saint John, although their base, Fort Frederick (1758) was located on the west side of the harbour, directly across from Portland Point. New England troops also operated out of Saint John, especially against Acadian refugees and settler in the Saint John valley below Fredericton. Material culture: Items relating mainly to the French fur trade, military, missionary activity on the Saint John River; trade goods demanded by the First Nations Early British/American Presence In the 1760s, James and Richard Simonds arrived from Massachusetts and were granted land at Saint John, now part of the British colony of Nova Scotia. Their business enterprise was soon known as Simonds, Hazen and White. A residence, store, warehouse and other buildings were erected at Portland Point and the New Eng- landers recruited workers to take part in the fur trade; engage in a commercial fishery; burn lime; cut trees and saw lumber; cut marsh hay; raise livestock and even construct a schooner in 1769. The vessel carried lime, fish and lumber to Boston. Other vessels were added to the fleet, making Portland Point one of the first shipbuilding centres in New Brunswick. In time the workers brought their wives with them and raised families. This was the early Nova Scotia township of Conway. In the 1770s, with the onset of the American Revolution, the area proved vulnerable to raids from New England and potentially hostile First Nations. In 1775 the poorly defended Fort Frederick, across the harbour from and in sight of Portland Point, was captured by American raiders. Three years later the British reinforced the area with a new fort, Fort Howe, on the height of land near Portland Point. The small New England settlement persevered and included roads, grist mills and wharves. Material culture: Typical 18th century North American pioneer era; buttons; tools; coins; nails; trade trinkets; musket balls; pow- der horns; bayonets; knives; bricks; bottles; pottery shards; lamps; barrel hoops; pulleys and other items relating to ship building, artisanal activity, packing, trade; door locks; keys, etc. Q N so cap A 0 4Z 016141800 Pat 4 0 40 06 00 19 20 Loyalist Period to 1820s: Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 In 1783, 14,000 Loyalist refugees arrived, mainly from the Mid Atlantic colonies. Some were disbanded sol- diers and their families, others were civilians. They were mostly white, Protestant and American born, although up to 10% were African American, including both slaves and free people. In terms of class and education they were a mixed group, despite later romanticized misconceptions that depicted them as "British ", upper - class, well educated and primarily from New England. The authorities give the refugees land, including town lots, as well as lumber, tools and supplies. Many were expected to move inland to become farmers but large numbers remained in Parrtown, which was incorporated as the city of Saint John in 1785. Areas near the harbour, such as Portland Point, would have valued for busi- ness and residential purposes. By late 1784 the Saint John area contained c. 2000 houses on the east side of the harbour, and 500 across the harbour in Carleton. The 1785 Charter attempted to exclude Blacks who were not property owners from living and working within city limits unless they were servants. Material culture: In addition to the usually artifacts associated the late 18th century colonial seaports, it may be possible to include something associated with the Black Loyalists (check studies of archaeological sites associated with African Americans in colonial Boston, New York, Philadelphia). Like many refugee communities, Saint John's population initially declined before bouncing back. The territorial reach of the slowly growing community was limited -much of the area north of Portland Point, running east to the Indian `truck house" north of Marble Cove, remained covered in forest. Saint John's successful merchants, tied into trade with the West Indies and other parts of the British Empire, prospered and as they amassed wealth they invested in land and other businesses. In the 1790s Saint John was still exporting furs, as well as fish. Most of the essential supplies required by rural New Brunswick would have entered through the port, which raises the issue of `cosmopolitan' artifacts. Local shipyards produced all manner of sailing vessel, including large square riggers for deep -ocean trade, and whalers. Most of the population in the Loyalist period consisted of day labourers, ship labourers (longshoremen), ser- vants, artisans, cartmen and small business people such as grocers, tailors, bakers and publicans, and their families. Most people were poor and had few possessions. We do not know enough about the Portland Point neighbourhood in this era to determine its class or social composition, unlike the early to mid 20th century when it was covered in poorly built and maintained wooden tenements rented by the working class families or dedicated to railway and other industrial uses. A late as the 1830s there was only a handful of houses and three or four streets between Fort Howe and the harbour. One substantial residence from this period, built in the late 1700s or early 1800s for an elite family, remained on High Street north of the Fort LaTour area, until it became a victim of urban renewal in the early 1970s. A long narrow wharf jutted out into the harbour near the present Long Wharf and a timber pond was nearby. Waterfront Portland would had one or more sawmills, and a num- ber of manufacturing workshops. Material culture: Items /artifacts relating to late 19th/early 19th century seaport. Saint John was a colonial town with an artisanal/ manufacturing sector and with both working class and elite households, so artifacts would reflect economic and social diversity. Relics relating to trade, fishing both in the harbour and offshore; sawmilling; ship building; blacksmithing; rope manufacturing; sail making; barrel making. Possible household articles: pipes, crockery, candlesticks, mugs, scrimshaw carvings. There could also be relics relating to the public realm such as part of a drain pipe, a water pipe or a gas lamp. W. 1830s to 1900 Throughout the 1800s the Parish of Portland gained population, buildings and business and became the Town of Portland in the 1870s. In 1899 the community amalgamated with Saint John. Nearby Strait Shore (now Chesley Drive) by the 1820s was the site of New Brunswick's first steam powered sawmill. The W.H. Bartlett engraving of 1842 depicts a large wharf, a number of ship frames under construc- tion along the shore and a timber raft in the harbour. To the north of Portland Point more streets were laid out and housing built, mainly for the working class, as the population was augmented by Irish, English and Scottish immigration in the 1820s, 30s and 40s. Many of the immigrants ended up in working -class housing in the blocks north of Portland Point, which were hard hit by the cholera epidemic of 1854. Businesses and institutions followed as Portland grew. In 1829 Grace Anglican church opened on the corner of Simonds and High Streets. Charging no pew fees to congregants, it was the first `free' Church of England in New Brunswick. The better known St. Luke's Anglican church on Main Street opened in 1838. By the 1850s, at the foot of Portland Point Street (later Portland Street) was the import -export firm of R. Rankine and Co., which maintained a dock and two slips. As Main Street north of Portland Point developed, it attracted small businesses and in the 1860s and 1870s was the site of a brewery. Fire was a recurrent danger in Portland and Saint John, and it may be possible to incorporate this into the artwork as a strata. The 1875 Roe and Colby Atlas provides an excellent overview of the built environment of the Portland shore area. Increasing urbanization south of Main Street had produced a residential zone of several square blocks, most of it consisting of multi -story wooden tenements. The area now included a Wesleyan church (later the Portland United church). To the north, Main Street, which connected Indiantown to Saint John, had become a major artery clustered with houses and small businesses. Citizens with the financial resources were able to ride on a street railway, an early streetcar service, powered by horses. Later the streetcar system was electrified. On the waterfront near Portland Point were shipyards, a marine railway (a cradle set on tracks which pulled ves- sel out of the harbour), two sawmills and the mercantile firm of R. Rankine and Company. The Portland Roll- ing Mill, to the east of the point, fabricated iron sheets, bars and other metal products. Nearby was the Chesley Brothers iron knee factory, which produced an essential component for Maritime shipyards (knees were L- shaped iron fittings that were used to attach ships' beams to hulls). Further to the west, along Strait Shore, were the modest houses and outbuildings of families who worked in the harbour fishery. The final 19th - century manifestation of industrialization to affect the Portland shore was the construction of a railway line thorough the neighbourhood. Portland Point was now cut off from the residential neighbourhood to the north by railway tracks -a situation that continues to this day. Material culture: Continuation and update of the items associated with earlier strata, including iron work, items relating to trade, ship building and daily labour; household items including toys; any `ethnic' or religious artifacts associated with immigrants; evidence of fire; relics of the timber trade such as a peavey pike head or a mill saw blade; evidence of the railway (railroad spikes, coal, etc). Many of the relics would be those of the industrial age, but given the persistence of some traditional activities (catching fish and packing them in barrels for export) there would also be some continuity. Any relevant household item from the era, ranging from a kerosene lamp to flatware to lead piping, could be appropriate. One possibility is to recognize the global connections of Saint John shipbuilders, shipowners, merchants, sea captains and sailors by including representation of exotic goods. Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 20th Century By the early 20th century, wooden shipbuilding had all but died out in the Saint John area and most sawmills along the harbour were living on borrowed time. Photographs of Portland Point (Colwell Collection, NB Mu- seum) dating from the 1920s and 1930s suggest that it was a neglected area, dotted with a few small wooden buildings and bordered by aged, rotting wharves. A painting by A.M. Shaw (1945) of the area at the foot of Portland Street indicates a jumble of wooden buildings and scows below a railway embankment dotted by tele- phone poles. North of the tracks, one industrial addition in the early 20th century was a pickle factory on Camden Street. This part of the North end was dominated by two and three -story tenements, most of them with flat roofs. There were no parks or playgrounds. The area was not directly affected by any preparations or special land uses associated with World War I or II. Nonetheless, objects such as military uniform buttons or badges could be included. The 1946 Saint John Master Plan, the blueprint for future urban renewal projects, depicted Portland Point as `unoccupied' but described the tenements to the north as a fire hazard and unfit for human habitation. The planning study also noted that the terrain in the area was rocky and hilly, not ideal for residential use. Also, the relatively flat areas were close to harbour facilities and served by rail. In addition, the area was likely to be further cut off from other neighbourhoods once the city built a modern major road way that connected the North end with the central city. The Master Plan recommended the removal of all housing south of Main Street, and the possible construction of a few modern apartment buildings in the western part of the neighbourhood. Some of this housing stock was destroyed in the 1950s with the construction of the Lord Beaverbrook arena. During the 1950s, as mentioned above, the New Brunswick Museum carried out as archaeological study of the Portland Point area and confirmed the location of 17th century Fort LaTour. With the beginning of the Saint John harbour bridge project in 1964, the area around Portland Point once again was affected by transportation infrastructure. In addition to the main Canadian Pacific Railway line and a spur line serving Long Wharf, the coastal zone would be bisected by the tall concrete footings of the bridge as well as on off -ramp connecting the east -bound lanes to Saint John's central business district. Another ramp was constructed to connect east -bound traffic to the North end, and to allow traffic from the North end to cross the harbor in a westward direction. The construction of the bridge, which opened in 1968, completed the process begun with the building of the railway embankment decades earlier- the Portland Point area became an isolated urban `dead zone.' Documents prepared for the North End urban renewal project in the mid 1960s indicate that the land below Hi- lyard Street was to be acquired for urban renewal. Buildings on Portland and adjacent streets were acquired by the municipal authorities and demolished in order to "remove blighted conditions and encourage regeneration of the area." (Evening Times Globe, July 22, 1968). Hundreds of families had to be relocated. The 2008 publication Urban Renewal Saint John: A City Transformed, by Brenda Peters McDermott, contains dozens of photographs of buildings demolished in the urban renewal zone. Near the cove to the west of Portland Point, on Chesley Street, was the Brunswick Ready Mix Concrete plant. Some of the houses were architectur- ally interesting and reasonably well maintained, but many were in rough shape. The houses were built closely together, and often had unsightly staircases, outbuildings and accoutrements such as heating oil barrels. There were no lawns and few trees. Throughout the decades the neighbourhood contained a few small businesses and clubs. At the corner of Harrison and Hilyard Streets there was a small gas station. The most substantial building in the area was the large stone Portland United Church. Below many of the houses along Chesley Street were boat houses and jetties. 207 21 With the completion of urban renewal in the 1970s and 1980s, the area below Hilyard Street remained vacant, affected only by sporadic attempts to develop the Fort LaTour area as an historic site. In recent years, it has been the site of the Harbour Passage trail system, which passes beneath the spans of the Harbour Bridge and its mas- sive ramps. The area between Hilyard and Main Street was partially filled in by two hotels, a retail mall /office complex, and smaller scale office complexes to the east. Material culture: For this strata, artifacts could reflect the human population, which was overwhelmingly working - class. We know that persons of the Anglo- Saxon, Irish, Acadian, African Canadian and Jewish ethnicity or cultures lived in the housing blocks north of Portland Point. Further research may reveal other examples of a multicultural population. Specialized artifacts relating to the world of work could be included for this strata, such as fishing equipment, a longshoreman's hook, sewing machine parts, a railroad watch or carpenter's tools. If so desired, objects from the urban renewal /Harbour bridge era, such as part of a surveyor's transit; steel rivets, rebar or other construc- tion materials, could be incorporated. If it is deemed appropriate to reflect the small business culture of Main Street, north of Portland Point, then items relating to this sector could be considered. They included barbers, tailor shops, grocery stores, hardware stores, restaurants and at least on movie house. In general, artifacts could reflect the material culture of the 20th century, which was dominated by consumption and new technologies such as electric lights, telephones and automobiles. Example: broken light bulbs; tin cans; broken phonograph records; razor blades; beer bottles; spark plugs; electrical wire; pocket knives; marbles, yoyos and other toys; milk bottles; wrenches; combs, brushes; costume jewelry; shoes; tubes from radios; TV `rabbit ear' antennae parts; baseballs; hockey sticks; dog collars; hub caps; bicycle wheels. Conclusion: Portland Point, a relatively small area of land, has played a prominent role in the history of not only Saint John Harbour, but also the larger area. It has been associated with First Nations, French, American , English, Irish, Scottish and other cultures and with much of the recorded history of Saint John since the 1600s. It was the first site of actual European settlement in the area and when the Loyalists arrived in the 1780s it was the most valu- able real estate in the entire colony. In the 1800s it was associated with the activities that built Saint John's pop- ulation and wealth: the fishery; shipbuilding, shipowning; the import-export trade; the timber trade and sawmill - ing. By the late 1800s the area, cut off from the nearby residential neighbourhood by railway tracks, began to decline. In the third quarter of the 20th century this neglected area, like the working class housing to the north, fell victim to urban renewal, road expansion and bridge construction. In recent years, it has become part of the route of the Harbour Passage trail, an attempt to redevelop the waterfront, bring the citizens back downtown and make Saint John a more liveable city. 22 I • Since 1970, Peter Powning has lived and worked as an artist in the hills of southern New Brunswick. His life is char- acterized by intense periods of work preparing for exhibitions and commissions, punctuated by periodic travel. While Powning's award- winning work is shown internationally, it is imbued with qualities distilled from a life lived close to the silence, space and seasonal rhythms of his home, the fields, forests and shorelines of the Bay of Fundy. He works in a wide range of media, usually in combinations including cast bronze, glass, stone, clay and steel. He is the 2006 Sadye Bronfman Award recipient (now a Governor General's Award). In addition to gallery and museum exhibitions he is cur- rently engaged in producing many large public commissions. Peter Powning is married to author Beth Powning. They have one son, Jake Powning, an artist who shares studio space with Peter and lives nearby with his family. Expression of Interest I will bring considerable experience to this project. I have had national recognition for my work, and have been actively engaged in a wide range of public and private commissions for at least 30 years, but especially in the last decade. The budget for this project is well within the range of projects I have completed or am actively working on, which range from $80,000 to $250,000, not including installation costs, transportation and lighting. I will be collaborating with Jake Powning on the production of the historical relief. He is a superb carver and modeler as well as an astute researcher. We will also be consulting with at least one historian and an archaeologist to develop time lines and to identify appropriate artifacts to include. Larry Stewart, landscape architect, will be consulted regarding path design, compostiion and siting. In addition to my own foundry, wood and metal fabrication facilities, I work regularly with larger fabrication shops in New Brunswick for my large scale work. I have an excellent track record for producing work on time and as proposed. Cur- rently, I have four large public commissions on the go - three of them large outdoor sculptures in Toronto and area. I work in a wide range of materials to suit the artistic and technical requirements of my sculpture, including cast silicon bronze, cast aluminum, stainless steel, stone, slumped and cast glass, acrylic, concrete, Corten steel and recycled materials. I have also produced many private, smaller -scale outdoor commissions. I am an experienced artist and designer. I am well- organized and am accustomed to meeting deadlines, as well as fulfill- ing the requirements for site preparation, footings, and installation. I am used to working with engineers for structural de- sign and appropriate footings. I understand that an important aspect of public sculpture is being available for interviews and public appearances in association with the unveiling of public art. I am interested in creating public sculpture which becomes an active element in the life of the community. Sculpture is what I do. Peter Powning RCA Powning Designs Ltd. 610 Markhamville Road Markhamville, New Brunswick E4E 4H3 peter @powning.com 506 - 433 -1188 www.powning.com 208 Peter Powning 610 Markhamville Road, Markhamville, N.B. E4E 4H3 peter @powning.com www.powning.com SELECTED PUBLIC COMMMISSIONS Memory Vessel, Irving Memorial Park, Saint John, NB. 2010. Fantasm, lobby of Festival Tower, Toronto International Film Festival, ongoing to 2010. Split Rock, rooftop meditation garden, Toronto International Film Festival, August 2010. Portal, outdoors, Daniels Chicago Project, Mississauga, Ontario, September 2010. Nest, Botsford Street Fire Station, Moncton, NB. 2008. Bolt, Saint John Energy, Saint John, NB. 2008. Light Spirals, outdoors at Residences of College Park, Bay and College, Toronto 2006 -2008. Reader's Bench, Jacob's Yard Sculpture Garden, UNB, Fredericton, N.B. 2004. Punctuated Blue, Saint John Free Library, 1992. Strata, Market Square Convention Centre, 1984. SELECTED SHOWS Beaverbrook Art Gallery, curated solo exhibition. 2012. Studio 21 Art Gallery, Halifax, N.S., small solo. April, 2010. SOFA Chicago, with Lafreniere and Pai Gallery, November 6 -9, 2009. "Transmutations ", Ingrid Mueller - Art + Concepts Gallery, solo show with catalogue, Fredericton, NB. October 2009. im- ages "Unity and Diversity" Exhibition at the Canadian Pavilion of the Cheoungju International Biennale in South Korea. 2009 "React ", Lieutenant Governor's residence, Fredericton, NB, 2009. "Flow ", Old Government House, Fredericton, NB, 2009. Catalogue. Solo Exhibition, Sandra Ainsley Gallery, Toronto, June -July, 2008 "Meaning and Metaphor ", curated by Alex McCurdy, Beaverbrook Art Gallery, Fredericton, NB. 2008 «Objets de Cultures: de la Nouvelle- France a aujourd'hui» , Du 20 janvier au 16 mars 2008, Centre Materia, Quebec. Habitat Gallery, Tyson's Corner, Virginia, November 2007- Solo Exhibition The Gardiner Museum, Toronto, Canada, February 2007 "Art Wall ", Hotel Murano, Tacoma, Washington, commissioned sculpture. 2007 The Sandra Ainsley Gallery, Toronto, June, 2006 - Solo Exhibition Florence Biennale, International art exhibition by invitation, Italy, Dec.. 2005. 23rd Annual International Glass Invitational, Habatat Galleries, Boca Raton, FL. Dec.. 2005. La Freniere and Pie Gallery, Ottawa, October 2005 - Solo Exhibition SOFA Chicago, with Habatat, one of five featured artists. October 2005. Harbinger Gallery, group ceramics show (Jack Sures, Bruce Cochrane, Jim Smith, Walter Ostrom Jeannie Mah, Les Manning, Mimi Cabri, Peter Powning), Waterloo, Ont.Oct. 2005. Masterworks, group exhibition, Mary E. Black Gallery, guest curator Philip Doucet. Halifax, Nova Scotia July - September 2005 SOFA NYC, with Galerie Elena Lee. June, 2005. Galerie Elena Lee, Montreal, Oct. 2004 - Solo Exhibition Habatat Galleries, Michigan. North of the Border. May 2004. Twenty -first Century Ceramics, Canzani Center Gallery, Columbus Ohio. Bill Hunt curator, catalogue. 2003. Large Work, The Sandra Ainsley Gallery, Toronto, 2003. Catalogue - Solo Exhibition Canadian Glass Art, National Liberty Museum, Philadelphia. 2003. Contemporary Glass 2003: 20th Annual International Glass Invitational, Habatat Galleries, invited speaker, Boca Raton, Fla. 2003. SOFA Chicago with Habatat Galleries, Outdoor work, October, 2002, Catalogue. Biennale Nationale de Ceramique, Trois Rivieres, Quebec, National Invitational. 2002 -2003 International Glass Exhibition, Habatat, Boca Raton.2000 -2001. The Sandra Ainsley Gallery, Toronto, Canada, Sept. 23 - Oct 14, 2000 - Solo Exhibition NBCC Gallery, Embrace Confusion, February- March, 2000- Solo Exhibition Looking Forward: New Views of the Craft Object curated by P. Greenhalgh, V &A Museum, London, exhibition, Ontario, Canada. 2000. Habatat Galleries, Boca Raton, Florida, October, 1998 - Solo Exhibition International Glass Exhibition, Habatat, Boca Raton, 1998. SOFA Chicago, Sculpture Objects Functional Art, International Art Showcase, October, 1998. Powning Designs Ltd. PROPOSAL 2010- 993001P - Public Art - Saint John 225 23 SOFA NYC, Sculpture Objects Functional Art, International Art Showcase NYC, NY April 1998. Fragments, Elena Lee Verre d'Art, Montreal, Quebec. April 1998 - Solo Exhibition Poetry of the Vessel, AGNS curated by Chris Tyler, catalogue, 1998. Prix Strathbutler Award Travelling Exhibition. London, UK. Washington, DC. Canada, etc. 1997 -2000. Peter Powning: Elemental Clay & Glass, Solo survey show curated by Gloria Hickey - Solo Exhibition Canadian Clay and Glass Gallery, Waterloo, Ont. Sept. -Dec. 1996 . Travels under the sponsorship of the NB Museum 97 -98. 27 pages full colour catalogue. NB Museum February-March 1997, Art Gallery of Nova Scotia, November 15, 1997- February 2, 1998 - Solo Exhibition Fletcher Challenge Award Show, Aukland New Zealand, 1996. Clay: Medium - Based Practices, Dalhousie U. Art Gallery, curator: Arthur Handy, Winter 1996 International Invitational Exhibition of Ceramic Art, Nat'l Museum of History, Taipei, Taiwan, 1992. The International Exhibition of Glass, Kanazawa, Japan, 1992. North, International touring exhibition. Nordic countries and Europe. 1992 -1994. Canadian Craft Museum, Vancouver. Treasury of Canadian Craft, 1992 -1994. Canadian Contemporary Ceramics, Kunst Klubben Gallery, Oslo, Norway, 1990. International Ceramics Festival, Mino Japan, 1989 winner of the Bronze Award. International Invitational, Sylvia Ullman Gallery, Cleveland, Ohio, April, 1987. New Canadian Sculptural Ceramics, Art Gallery of Nova Scotia. Invitational, 10 Canadian artists. 1986. Lynda Greenberg Gallery, Ottawa, September, 1988. March 1990 - Solo Exhibition Galerie Barbara Silverberg, Montreal, October, 1987. Solo - Solo Exhibition U.de Moncton, Galerie d'Art, Moncton, NB. Sound sculpture and recent work, 1983 - Solo Exhibition Cassel Galleries, Fredericton, NB. Raku and bronze, 1982 - Solo Exhibition Old Fields New Paths, Department of External Affairs juried travelling international exhibition, (Touring Japan, Australia, etc). 1985. Memorial University Art Gallery, St. John's, Newfoundland. Exhibited sound sculpture as part of the National Sound Symposium.1984. Warehouse Gallery, London, England. 1977. SELECTED AWARDS AND COLLECTIONS Dalhousie University Art Gallery - purchase for collection, 2007 Macdonald Stewart Art Centre Collection, U. of Geulph, 2007 2006 Saidye Bronfman Award, $25,000 (the Bronfman Award became Governor General's Award in 2007). Canadian Museum of Civilization collection 3 pieces. 2006. Beaverbrook Art Gallery, purchase for collection. 2002 Canada Council Award, 2000. Art Gallery of Nova Scotia, purchase for permanent collection Lunarium, 1997. Winnepeg Art Gallery, purchase for their permanent collection Trilithon, 1997. Honourary Fellowship, NB College of Craft and Design, 1998 Certificate of Recognition, NB Arts Board for contibution to the arts, 1997. NB Museum purchases: Solar Flare and Step Series with the assistance of the Canada Council for the Arts. 1997 Punctuated Blue, Saint John Free Public Library, 2m tall (78 in.). clay /glass commission. Strathbutler Award. Excellence in the arts. $10,000. 1993. Canadian Clay and Glass Gallery, Broken Arch donated by Joan Chalmers, 1993. Deichmann Award for Excellence in Craft, $5,000. 1991. International Ceramics Competition, Mino Japan, Bronze Award. 1989. Royal Bank Collection, 1989. The Betty and Issac Hamburger Sculpture Award, Academy of the Arts, Baltimore Maryland, 1987 Canadian Guild of Crafts, Montreal, Award of Excellence, 1986. CCC Professional Development Award 1985 Canada Council Art Bank (2 pieces) Bronfman Collection (Claridge, Montreal) Canadian Clay and Glass Gallery Collection Chalmers Collection The Indusmin Collection NB Museum Purchase Award General Foods Collection U.de Moncton Galerie d'Art Permanent Collection Massey Foundation Collection EDUCATION New Works Residency, Banff Centre for the Arts, Jan -Feb. 2001. 1 week ceramic shell workshop. The University of the Arts, Philadelphia. 1992. Leighton Artist Colony, Banff Centre for the Arts, Banff, Alberta. January- February, 1992, AutoCAD Training, 120 hour certificate course. CADCAM Systems Ltd. 1991. NB Community College, 40 hr. Computer Assisted Design Course. 1984. Baltimore Institute of Art, chemically bonded mold making techniques for metal casting, by Johnson Atelier staff. 1980. Croydon College of Design and Technology, London, England. One Year Advanced Research and Development Course. Awarded MSDC. 1976 -77. University of Connecticut, Art major in sculpture and ceramics. 1968 -1971. Trinity College, Hartford, Connecticut. 1967 -1968. SELECTED POSITIONS AND AFFILIATIONS ArtsLink (Arts Association of New Brunswick), vice president. 2008 ongoing. Leighton Colonist, Banff Centre for the Arts, Banff, Alberta, 2001, 2005 & 2007. Governor General's Visual Arts Awards jury for 2009. Fundy Civic Centre advisor: Building Committee RCA. Nominated and elected to the Royal Canadian Academy of the Arts, 1998 Canada Council Explorations Program jury, two year term, Atlantic Above: Torus Pigmented and stained, pre -cast concrete, cast bronze and glass. Right: Spire Pigmented and stained pre -cast concrete, cast bronze, Corten steel and glass. 209 [) Full CV listed at www.powning.com /peter 24 JAKE POWNING, Markhamville NB Craftsman and Business Owner, April 2001 to present Self- employed as an artist swordsmith, work sold to or exhibited in: Canada, the United States, Denmark, Switzerland, Britain, Cyprus, Germany, Romania, and China. Public Exhibitions: Jake Powning Swords Website, http: / /www.powning.com /jake 2001 - present, an expanding catalogue of current and past work. All sales are through this website; an online gallery. I am my own dealer. The site gets 120 to 1000+ visitors daily. Macau Museum of Art, Macau, China October 14, 2005 - January 2006, sword titled Spirithorse in first ever museum exhibition of International Contemporary Blade Smiths, "Masters Of Fire ", 100 page exhibition book. Mary Black Gallery, Halifax, Nova Scotia. October - December 2005, piece in exhibit, Nova Scotia Designer Crafts Council Gallery Artsplace Gallery, Annapolis Royal, Nova Scotia. Aug 14th - Sept 11th 2005, in conjunction with international blacksmithing conference "Canlron V ". Publications: Magazine "Saltscapes" January /February 2010, CanadaJanuary /February, 2010, image and interview. Magazine "MAGazine- Metal Arts Guild of Canada" October 2008, Canada cover image and full story feature. Magazine " Schwert & Klinge" Sommer 2008, Germany June, 2008, images of work featured in German magazine. Catalogue "Excellence 2006" by ArtsNB & NB Foundation for the Arts, NB. April 2006, featured in conjunction with Emerging Artist of the Year Award. Book "Master's of Fire ", Macau Museum of Art, Macau, China. October, 2005, work & biography in book by Macau Museum of Art. Book "Blade's Guide to Knifemaking ", by Joe Kertzman, United States. June, 2005, images of work appeared in book pro- duced by "Blade Magazine ". Accomplishments: Movie 'Reclaiming the Blade' produced by Galatia Films, USA 2009, feature documentary on process of swordmaking in Special Edition ArtsNB, Mid Career Creation Grant, New Brunswick October 2008, for research at the British Museum, London,UK & follow up with a sword creation project titled Learning from the Ancestors. Sculpture "Portal ", collaboration with sculptor Peter Powning, Mississauga, On. To be mounted Autumn 2009, designed & carved archway in a 15'tall /10'wide outdoor sculpture for the Daniels Group "Chicago Project ". Preliminary Youth Commission, ArtsNB, Moncton, NB June 4th, 2007, to help discuss establishment of a youth advisory com- mittee. Next Generation of Artistic Leaders Dialogues, Canada Council for the Arts, Halifax NS, May 2007, national consultation of young artists & arts administrators. National Youth Committee, Canada Council for the Arts, Ottawa, ON, March 23rd, 2007, represented Atlantic region & visual artists of Canada to discuss and prepare 'Next Generation of Artistic Leaders Dialogues'. ArtsNB, Mid Career Creation Grant, New Brunswick, April 2006, awarded to create project "Brigid and Freya" NB Foundation for the Arts, Emerging Artist of the Year Award, New Brunswick, April 2006, in recognition of creativity and of evolution as a promising talent. ArtsNB, Emerging Artist Grant, New Brunswick, August 2005, to create series, including piece for Masters of Fire, Macao Museum of Art, China. 210 21 Leaders for the 21 st Century, with NextNB, UNB, New Brunswick, Selected as a leader in a UNB initiative of 2004/05; "21 Leaders for the 21 st Century" was developed to foster a new perspective on the future of NB. NB Artsboard, Emerging Artist Grant, New Brunswick August 2002, awarded to create series of Viking style swords. Recent Research: British Museum, London, UK. May 2010 Britain and Europe 800 BC -AD 43 (Room 50) viewed & photographed Anglo Saxon and Viking Age ornamented strap mounts and drinking horn fittings, emphasis of study on anthropomorphic and zoomorphic motifs. Oak Study, Britain, UK. April - May 2010 studied form and growth of oak trees of England and Wales, photographed and sketched specimens. Harlech Castle, Harlech, Gwynedd, Wales UK. May 2010 toured 13th century castle, site that had military use as early as Iron Age. Castell y Bere, Abergynolwyn, Wales UK. May 2010 surveyed 13th century Welsh castle ruin site Castle Rising Castle, Kings Lynn, Norfolk UK. April 2010 toured 12th century castle The Wallace Collection, London, UK. April 2009 Documented weighed and measured four 16th Century swords, assis- tance and dicussion with curator Tobias Capwell. Prehistory and Europe Research Room of the British Museum, London, UK. April 2009 Documented, examined and measured three anthropomorphic La Tene period (300 BC to 100AD) swords. Iron Age steel manufacture with British Museum archeometallurgist, London UK. April 2009 Met with and discussed Iron Age steel manufacturing techniques with British Museum archeo - metallurgist Janet Lang. Cromlech Prehistoric Megalithic Structure Tour, Isle of Skye, Scotland UK. April 2009 Tour focusing on Iron Age Crom- lech culture (same period as swords examined at BM), with researcher and engineer Bob Cleland. Kelvin Grove Art Gallery and Museum, Glasgow, Scotland UK. April 2009 examined & photographed Scottish great swords from 1200 -1500. Higgins Armory Museum, Worcester, MA. September 2008 - looked at and discussed medieval arms and armour with master blade smith artist Don Fogg; made sketches of armourers tools and anvils. Victoria and Albert Museum, London,UK with curator Angus Patterson. April 2008, handled & examined eight swords in the research room. Anglo Saxon pattern welding techniques, London, UK. April 2008 Met with Hector Cole research blacksmith. Renaissance sword geometry and sword smith craft and artistry, London, UK. April 2008 Met with Peter Johnsson Swedish sword smith and researcher. British Museum, London, UK. April 2008 toured and viewed the collections of Pre- history and Europe. Museum of Civilization, Hull, Quebec. March 2007 - examined and sketched west coast Haida carvings depicting animis- tic and mythological motifs. "Lord of the Rings" Stage Play, Toronto, Ontario. April 2006, After show, backstage tour by personal invitation with director Alisa Palmer, during which sword props & costumes were examined and discussed. Royal Ontario Museum, Toronto, Ontario. April 2006 Samuel European Galleries & Anglo- Saxon, Celtic, Iron Age arti- facts. Jake Powning (continued) Presentations and Teaching Engagements: Kennebecasis Valley High School Chemistry Class Grade 12, Markhamville, NB, May 2009 & 2007 presentation of the metallurgy involved in hardening steel. Maritime Blacksmithing Hammerin, Heritage Ironworks, Moncton, NB, October 18th, 2008 demonstrated pattern welded steel making technique Ashokan Bladesmithing Conference, Ashokan Field Campus, NY, USA September 19th - 21 st, 2008, demonstrated metal casting techniques London Conference "Spring Sword Hammer -in ", Bushfire Forge, London, UK March 28th - 30th, 2008, presentation of sword making process London Sword Course, Bushfire Forge, London, UK March 24th — 28th, 2008, assisted in teaching sword making Maritime Bladksmithing Hammerin, Iron Raven Forge, Shubenacadie, NS April 22nd, 2007 described sword making process Lonesome Pine Knives Blade Smith Conference, Bristol, Tennessee, USA March 10th — 13th, 2005, demonstrated Celtic & Norse period carving Media: Telegraph Journal newspaper, New Brunswick, May 2nd, 2009: Salon Questionnaire a weekly arts supplement, interview about work and life Powning Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 CBC Radio "Freestyle" Canada -wide afternoon show, April 10th, 2006: Live interview on swordmaking & "Emerging Artist of the Year Award" CBC Radio "MaritimeNoon" for the Maritime Provinces, April 10th, 2006: Interview about swordmaking & "Emerging Artist of the Year Award" CTV "Live At 5" Evening News Program for Maritime Provinces, March 9th, 2006: Feature story about Jake Powning Swords. Telegraph Journal newspaper, New Brunswick, October 20th, 2005: Story: Jake Powning Swords & exhibit opening Macao Museum of Art, China Roger's All News Radio: Saint John & Moncton NB, Halifax NS, Oct. 14th, 2005: Story: Jake Powning Swords & exhibit opening Macao Museum of Art, China Radio Feature on AARP in Washington DC, USA, September 2005: Story on Jake Powning Swords. Interview by Danielle Nerman, available on radio station website and on Jake Powning website: www.powning.com /jake "Handmade" Show on Roger's Television, New Brunswick, September 2005: 15 min. feature on show about NB artists & craftspeople. Aired repeatedly throughout NB. CBC Television Feature Story, by Peter Anawati, November, 2004: 3 min. story on Jake Powning Swords appeared on provincial news & evening national news, was on CBC website, may be seen on Jake Powning Swords site: www.powning.com /jake. CBC National Radio, "Sounds Like Canada ", October, 2004: 12 minute story about Jake Powning Swords aired on Shelagh Rogers show Education: Career Mentors: Don Fogg, artist/ master bladesmith, Maine, USA. John Hooper, sculptor & poet, NB, Canada Continued independent studies Variety of conferences, short courses, apprenticeships, independent research Forging of Japanese Swords Course, NC, USA Instructor: Master Bladesmith Don Fogg, September 1999 Pattern Development Forging in Damascus Steel Course, NC, USA Instructor: Master Bladesmith Don Fogg, August 1999 Apprenticeship with Master Bladesmith Rob Hudson, VA, USA Certificate in Bladesmithing, June 1997 Nova Scotia College Of Art and Design, Halifax, NS 1996 — 1997 (3 semesters), Studied Metals and Silversmithing Cast bronze strap mounts. 1.75" d. Jake Powning 211 25 Susan Elizabeth Blair CV (selected entries) Department of Anthropology, Faculty of Arts PO Box 4400 Fredericton, New Brunswick, Canada, E313 5A3 tel.: (506) 458 -7929 Education • June 2004, University of Toronto, Dept. of Anthropology, Doctor of Philosophy, Dissertation: "Ancient Wolastoq kew Landscapes: Settlement and Technology in the Lower SaintJohn River Valley, Canada ". (supervisor: E. Banning, committee: J. Petersen, M. Friesen, M. Chazan) • May 1997, University of New Brunswick, Dept. of Anthropology, Master of Arts, Thesis: `Prehistoric Archaeology of the Grand Manan Archpelago: Cultural History and Regionallntegration "M.A. thesis (supervisor: D. Black, committee: B. Broster, M. Wiber) • November 1991, McMaster University, Dept. of Anthropology, Bachelor of Arts honours, with distinction Area of Academic Interest: North American archaeology and the prehistory of the Maritime Peninsula. Archaeological theory, methods, and practice. Community-based archaeology. Ethnoarchaeology. Watercraft. Ethnohistory and Aboriginal cultures of Atlantic Canada. Contact and post- contact period history and archaeology. Employment summary 0 2006 to present: Professor of Anthropology (appointed rank of Associate Professor July 1, 2009, awarded tenure July 1, 2010) 0 2002 to 2010: Senior research archaeologist, technical advisor, Metepenagiag Heritage Park Dissemination of research Presentations: • 1992 to present: two keynote addresses, 14 sole- authored papers, 22 co- authored paper (principal author of 9), 3 sessions chaired at regional, national and international conferences, and key organizer of one international workshop and two regional conferences Publications: • S. Blair (2010) "Missing the boat in lithic procurement: watercraft and the bulk procurement of tool -stone on the Maritime Peninsula" Journal of AnthropologicalArchaeology 29(1):33 -46 (refereed) • S. Blair (2010), invited submission, "Mawlukhotepun —Working Together ", a section in a textbook "World Prehistory and Archaeology: Pathways through Time, 2 " US Edition" by Michael Chazan, Pearson. • 2010, co- editor, with K. Holyoke, Archaeology of the Maritime Peninsula — L'Archeologie A Peninsule Maritime, a peer- reviewed regional journal for technical, field, and consulting archaeology. • S. Blair, E. Gorman, and P. Ward, eds. (under review with University of Toronto Press) "Weaving Together: Archaeology and Indigenous Textile Arts ", a volume of submitted papers. • S. Blair (2008), invited submission, "Mawlukhotepun — Working Together ", a section in a textbook "World Prehistory and Archaeology: Pathways through Time, Canadian Edition" by Michael Chazan, Pearson Canada. • S. Blair (2007) "Archaic traditions and long -term patterning in the far Northeast ", invited review of `The Archaic of the Far Northeast' edited by David Sanger and M.A.P. RenouP', Review of Archaeology Volume 28. • Blair, S., ed., (2004) Wolastogiyik Ajemseg: The People of the Beautiful River at Jemseg, Vol. 2: Archaeological Results. NB Manuscripts in Archaeology 36E, Archaeological Services Unit: Fredericton, N.B. (Also available in French). • Perley, K., and S. Blair, eds. (2003) Wolastogiyik Ajemseg: The People of the Beautiful River at Jemseg, Vol. 1: Important Stories and Spoken Histories. NB Manuscripts in Archaeology No. 34E, Archaeological Services Unit: Fredericton, N.B. (Also available in French). • 1999, The PrecomactArchaeology of the Grand Manan Archipelago: Cultural History and Regional Integration. New Brunswick Manuscripts in Archaeology No. 29, Archaeological Services: Fredericton, N.B. Service (outside the University) o 2010, Board of Directors, Metepenagiag Heritage Park Inc. • 2007 to present, Member, Research Subcommittee for the Atlantic Aboriginal Economic Develop- ment Integrated Research Program, with the Atlantic Policy Congress of First Nations Chiefs. • 2006 to present, vice - president, New Brunswick Chapter, Archaeological Institute of America (Acting President, as of July 1, 2010). • 2004 to present, Awards Committee member, Thomas Washburn Memorial Scholarship, the 2003 to 2005, President and Treasurer 2003 to 2004, President of the New Brunswick Archaeology Society. 26 Greg Marquis Address Telephone Fax Email address Education Curriculum Vitae Department of History and Politics, University of New Brunswick, P.O. Box 5050, Saint John, New Brunswick, Canada, E2L 41-5 (506) 648 -5600 (0) (506) 648 -5799 gmarquis @unbsj.ca (506) 849 -1656 (H) Ph.D. (History) Queen's University, 1987 M.A. (History, with Distinction), University of New Brunswick, 1982 B.A (Honours, First Class), Saint Francis Xavier University, 1980 B.A. program, University of New Brunswick Saint John, 1976 -78 Social Sciences and Humanities Research Council of Canada (SSHRCC) Doctoral Fellowship, 1983 -86 Queen's University Graduate Award, 1982 -83 University of New Brunswick Graduate Award, 1980 -82 Employment History Academic Non - Academic: University of New Brunswick Saint John: Sabbatical leave, July 1 -Dec. 31, 2009 Professor, July 1, 2008 Sabbatical leave, July 1 -Dec. 31, 2005 Tenure, July 1, 2005 Associate professor, July 1, 2002 Assistant professor, July 1, 1999 Instructor, Dalhousie University, June 1999, Sept. -Dec., 1998 Instructor, Saint Mary's University, Jan. 1994 -April 1999 Assistant professor, St. Francis Xavier University, 1992 -93 Sessional lecturer, University of British Columbia, 1991 -92 Assistant professor, Mount Allison University, 1988 -91 Adjunct assistant professor, Queen's University, 1987 -88 Instructor, Queen's University, 1986 -87 Instructor, University of New Brunswick Saint John, summer 1985 Senior programs Officer, Clean Nova Scotia, Halifax, NS, Jan. -June 1999 Project Officer, Clean Nova Scotia, June -Dec., 1998 Information Officer, Clean Nova Scotia, Jan. -July 1998 Researcher /Writer, Clean Nova Scotia, Aug. -Dec., 1996 Honours and Distinctions B.A. Honours (First Class) M.A. (with Distinction) Nominated for UNB Merit Award, 2002, 2006 UNB Merit Award, 2007 Saint John Heritage Award, 2008 Memberships in Professional and Learned Societies Osgoode Society for Legal History, Alcohol and Drug History Society Canadian Society for the History of Medicine, Association for Canadian Studies New Brunswick Historical Society 212 Estabrooks Engineering Inc. Dan Estabrooks, P. Eng. STRUCTURAL CONSULTANTS Suite 803, Harbour Building 133 Prince William Street Saint John, New Brunswick Canada E2L 2135 Tel: (506) 674 -1810 Fax: (506) 674 -1812 info @estabrooks.com COMPANY INFORMATION Our goal is to offer excellent service to our clients in delivering a complete range of structural engineering con- sultant services. Established in 1990, Estabrooks Engineering Inc. provides engineering services for projects within Atlantic Canada and in the State of Maine. Project experience includes a wide variety of buildings and industrial plant facilities, public sculpture footings, as well as highway bridges, telecommunications structures, marinas, tanks and aquaculture components. We seek to develop practical and effective strategies for using current technologies to better serve our clients' needs, including software and hardware solutions for computerized structural analysis and design, calculation management, drawing production and document handling. New Construction Estabrooks Engineering Inc. can provide practical engineering solutions at all stages of the project. We have extensive experience from the pre- design phase through to inspection services during construction. A wide range of industrial projects have been successfully undertaken including structural modifications, up- grading and additions within the petrochemical, power, communications and pulp & paper industries. Commercial, institutional and residential building structures are designed using the most appropriate struc- tural systems consistent with the client's needs and guided by principles of life -cycle costing and sustainability. Reinforced and prestressed concrete, structural steel, reinforced masonry, timber and engineered wood products may be utilized to form the most effective structural solution. Pownina Designs Ltd. PROPOSAL 2010- 993001P — Public Art — Saint John 225 27 CURRICULUM VITAE DAVID W. BLACK BUSINESS ADDRESS: Department of Anthropology Faculty of Arts University of New Brunswick P.O. Box 4400 Fredericton, N.B. E313 5A3 Dept: (506)453 -4975 Lab: (506)452 -6336 Office: (506)458 -7045 Fax: (506)453 -5071 Email: dwblack @unb.ca EDUCATION: Doctor of Philosophy: 1989; archaeology /anthropology; Department of Anthropology, McMaster University, Hamilton, Ontario. Master of Arts: 1984; archaeology /anthropology; Department of Anthropology, McMaster University, Hamilton, Ontario. Bachelor of Arts: 1980; archaeology major, anthropology minor; Archaeology Department, Simon Fraser University, Burnaby, British Columbia. Thesis and Dissertation References: • Black, D.W. 1989. Living Close to the Ledge: Prehistory and Human Ecology of the Bliss Islands, Quoddy Region, New Brunswick, Canada. Ph.D. dissertation, Department of Anthropology, McMaster University. • Black, D.W. 1983. What Images Return: A Study of the Stratigraphy and Seasonality of a Small Shell Midden in the West Isles of New Brunswick. M.A. thesis, Department of Anthropology, McMaster University. CURRENT POSITION: Professor of Archaeology, UNB Fredericton CAREER SUMMARY: I have taught archaeology at UNB since 1991, and have been Professor of Archaeology since 2001. 1 served as Chair of the Department of Anthropology from 2003 to 2007. Subsequently, I have been involved in developing the Archaeology Interdepartmental Program, and archaeological research and teaching facilities, at UNB. I have conducted archaeological research in New Brunswick for 29 years. My academic interests include prehistoric archaeology, geoarchaeology, structural and stratigraphic analyses of coastal shell- bearing sites, zooarchaeology and the human ecology of hunter - gatherers adapted to marine shorelines. My M.A. and Ph.D. research projects involved excavations of coastal sites on islands in the Quoddy Region, the traditional territory of the Peskotomuhkatiyik (the Passamaquoddy people). Since coming to UNB, I have been involved in archaeology projects on the Grand Manan Archipelago, and on Deer Island, the Park Islands, the Bliss Islands and the mainland shores of the Quoddy Region. In addition to my research on pre- contact sites in the Quoddy Region, I excavated an early Loyalist period historic site — the homestead of Lieutenant Samuel Bliss and family — on the Bliss Islands. Since 1995, 1 have been conducting research into how Native people acquired and used local and exotic lithic materials to make stone tools. The ultimate purpose of this research is to use archaeological distributions of distinctive lithic materials from known sources as proxy data for documenting Native exchange and interaction systems before European contact, and for understanding how these patterns changed through time. This work has centred on the Washademoak Lake Chert Source, in the traditional territory of the Wolastoqiyik (the Maliseet people). I have been invited by the Confederacy of Mainland Mi'kmaq in Truro, Nova Scotia, to contribute a chapter on lithic material research to a book that the Confederacy will publish on the research potential of the Debert Paleoindian site. More recently, I have collaborated on two other projects in Mi'kmaq traditional territory: The Augustine Mound research being conducted by Dr. Susan Blair in conjunction with the Metepenagiag Heritage Park at Red Bank, N.B., and the E'se'get Archaeology Project, being conducted by Dr. Matthew Betts (Canadian Museum of Civilization) at Port Joli, N.S. In 2006, the George Frederick Clarke Artifact Collection, one of the largest and best documented avocational archaeology collections in N.B., was donated to UNB by the family of Dr. G.F. Clarke. Since then, I have been developing this collection, comprised of 2700 pieces of material culture and associated notes and records, for research, teaching, display and public outreach activities. 213 SELECTED PUBLICATIONS: • Black, D.W. (with commentary by P.H. von Bitter, S.A. Davis, G.F. MacDonald, A.L. Burke, M.E. Googoo and S. Greer). in press. Background, Discussion and Recommendations for Extending the Analysis of Lithic Materials used by Paleoindians at the Debert and Belmont Sites. Chapter for L. Rosenmeier, S. Farrell and T. Bernard (eds.), Proceedings of the Debert Research Workshop. Truro, NS: Eastern Woodlands Press & The Confederacy of Mainland Mi'kmaq. • Black, D.W. 2007. Review of The Archaic of the Far Northeast by D. Sanger and M.A. P. Renouf. Northeast Anthropology 74:87 -88. • Black, D.W. 2004. Living Close to the Ledge: Prehistoric Human Ecology of the Bliss Islands, Insular Quoddy Region, New Brunswick, Canada (second edition). • Black, D.W. 2003. L'importance du phoque clans I'alimentation des populations silvicoles de la region de Quoddy (Nouveau- Brunswick). In P. Charest et M. Plourde (dir.), La chasse au phoque, une activite multimillenaire. Montreal: Recherches amerindiennes au Quebec, vol. XXXI II, No. 1, pp.21 -34. • Black, D.W. 2002. Out of the Blue and Into the Black: The Middle –Late Maritime Woodland Transition in the Quoddy Region, New Brunswick, Canada. In J.P. Hart and C.B. Rieth (eds.), Northeast Subsistence – Settlement Change: A.D. 700 -1300, pp. 301 -320. New York State Museum Bulletin #496. Albany: The University of the State of New York /State Education Department. • Black, D.W. 2002. Ponapsqey: Jemseg Crossing Petrographic Series and Preliminary Evaluations of Flaked Lithic Materials From the Jemseg Assemblage. In S.E. Blair (ed.), Wolastogiyik Ajemseg, The People of the Beautiful River of Jemseg, vol. 2: Archaeological Results, pp. 89 -116. N.B. Archaeology Series, Ms. #31. Fredericton: Archaeological Services New Brunswick. • Black, D.W. 2000. That Thing of Shreds and Patches: An Archaeological Narrative of the Bliss Islands Thoroughfare, Quoddy Region, New Brunswick. In M. Boyd, J.C. Erwin, and M. Hendrickson (eds.), The Entangled Past: Integrating History and Archaeology, pp. 146 -55. Proceedings of the 30th Annual Conference of the Chacmool Archaeological Association. Calgary: Department of Archaeology, University of Calgary. • Black, D.W. 2000. Rum Beach and the Susquehanna Tradition in the Quoddy Region, Charlotte County, New Brunswick. Canadian Journal of Archaeology 24:89 -106. • Black, D.W., and C.R. Blair 2000. Faunal Remains From the Loyalist Occupation of the Bliss Islands, New Brunswick. In T.M. Friesen (ed.), Studies in Canadian Zooarchaeology. Papers in Honour of Howard G. Savage. Ontario Archaeology 69:39 -54. • Black, D.W., and L.A. Wilson 1999. The Washademoak Lake Chert Source, Queens County, New Brunswick, Canada. Archaeology of Eastern North America 27:81 -108. SELECTED CONTRACT RESEARCH AND CONSULTING REPORTS: • Black, D.W. 2007. A Summary of the Pre - contact Archaeological History of the Canadian Portion of Passamaquoddy Traditional Territory. Prepared for Paul Williams, Team Leader, Research project for the Recognition of the Passamaquoddy People in Canada, St. Croix – Schoodic Passamaquoddy Nation, St. Andrews. • Black, D.W. 2003. The Minister's Island Shell Midden Site: Some Interpretive Notes. Prepared for P.M. Allen, Archaeological Services of New Brunswick. • Black, D.W. 2003. The Wallace Cove Site (BgDg29): Analysis of Lithic Artifacts. Prepared for S. Neilsen, AMEC Earth & Environmental, Ltd. • Black, D.W. 2002. Appendix E: Geomorphology, Bathymetry and Intertidal Zones — Letang Islands, Charlotte County, N.B. In S.E. Blair (ed.) The Letang Islands i Larry is a principal and Senior Landscape Architect with Basic Design Associates Ltd.. He has been with BDA for more than 20 years and has extensive experience working on sustainable design projects throughout the Maritime provinces. Larry has a background in Structural Engineering as well as Landscape Architecture. EDUCATION - B.L.A., 1974 Landscape Architecture, Guelph University, Guelph, Ontario - Diploma of Structural Engineering, 1968 Ryerson Polytechincal University, Toronto, Ontario PROFESSIONAL REGISTRATION - Atlantic Provinces Association of Landscape Architects - Canadian Society of Landscape Architects MEMBERSHIPS - Society for Ecological Restoration Ia:Z6aJx419Wl»:71:11 �[N� Larry's experience includes design development and management of environmental site planning projects, sustainable tourism plans, environmental restoration projects, site planning and park planning. Recently, Larry has been involved in the management and design of the re- development of Rockwood Park, Saint John, NB, the preliminary design, working drawings and construction supervision for the Meduxnekeag Greenway in Woodstock, NB, the preliminary design of the NB Trail through the City of Saint John, a land use plan for the East Saint John Waterfront, preliminary design and working drawings for a marsh restoration /passive park in Downtown Moncton and the preliminary design, working drawings and construction supervision for the Hampton Town Square in Hampton, NB. Larry also provided the initial conceptual design for the Harbourfront Greenway (Harbour Passage). Powning Designs Ltd. E , «: . _541 too. .. d PROPOSAL 2010- 993001P — Public Art — Saint John 225 CONQUEST CC* � ENGINEERING LTD. Conquest Engineering Ltd. is an employee -owned company providing engineering consulting, quality assurance, quality control and testing services to Atlantic Canadian clients in residential to heavy industrial sectors. With over 150 years of combined experience our team of skilled engineers, technologists, technicians, and project managers enables Conquest Engineering Ltd. to meet the diverse needs of its clients. Since our founding in 2003, Conquest Engineering Ltd. has built its business on a friendly personal approach to service. We develop close working relationships with our clients, ultimately allowing us to deliver optimum solutions and services to meet their business objectives. 575 Crown St., Saint John NB E2L 5E9 Phone: (5o6) 635 -7565 • Fax: (5o6) 635 -8866 tectr 373 Baig Blvd., Moncton NB EsE 08 Phone: (5o6) 382 -7565 • Fax: (5o6) 384 -8866 214 Conquest Engineering Ltd. specializes in: GEOTECHNICAL ENGINEERING HOT MIX ASPHALT TECHNOLOGY BLASTING CONSULTATION AGGREGATE ACCEPTANCE TESTING CONCRETE TECHNOLOGY QUALITY CONTROL /QUALITY ASSURANCE & QUALITY MANAGEMENT CONSTRUCTION REVIEW & MATERIALS TESTING G. ROSS WHITCOMB, P. Eng., CONQUEST ENGINEERING LTD President and Senior Civil Engineer Selected CV EDUCATION: University of New Brunswick, 1982 B. Sc. Engineering (Civil) CAREER SUMMARY May, 2003 - Present Conquest Engineering Ltd. President and Senior Materials /Geotechnical Engineer 1982 - May, 2003 Jacques Whitford and Associates Limited, Saint John, NB Area Manager and Senior Materials /Geotechnical Engineer MEMBERSHIPS /ASSOCIATIONS • Association of Professional Engineers and Geoscientists of New Brunswick • Association of Professional Engineers of Nova Scotia • Association of Professional Engineers of Prince Edward Island • Consulting Engineers of New Brunswick, Past President • American Concrete Institute - Atlantic Chapter, Past Secretary • International Association of Concrete Repair Specialists • American Concrete Institute International • American Concrete Institute (ACI) - Certified Examiner • Precast Concrete Institute (PCI) - Examiner • International Society of Explosives Engineers RELEVANT EXPERIENCE Geotechnical Engineering • Market Square Complex Development, Saint John, N. B. - Pile installation inspection • Shannex Seniors Care Facility - Riverview, NB • Barrack Point Potash Terminal, Saint John, N.B. - Pile installation inspection • Purdy's Wharf Development Phase I, Halifax, N.S. - Pile Installation inspection. Concrete Technology and Construction • Saint John Shipbuilding Ltd., Saint John, N.B. Restoration of dock walls. • Supervision of QA Services for Manufacture of Precast Concrete Elements, Strescon Ltd. • Concrete specification writing and review - Irving Tissue, Ft. Edward, NY • St. George Hydrodevelopment Project - Concrete Mix Designs and Performance Monitoring, St. George, N. B. • Canadian Tire Retail Store - Investigation of Floor Slab Curling, Grand Falls, • City Hall Parking Structure - Concrete Restoration and Repair, Saint John, N.B. • Rodney Terminal Pile Repair Project, Saint John, N.B. Research • Project Manager of "Study of the Role of Supplementary Cementing Materials For Controlling Alkali - Aggregate Reactions For New Brunswick Aggregates." Other • Expert witness in New Brunswick Provincial Court on blast vibration damage, concrete and geotechnical related cases. PROPOSAL 2010- 993001P — Public Art — Saint John 225 215 Conquest Engineering Ltd. HUGO BURSICH Senior Concrete Technologist EDUCATION: PCI Level III (Quality Control Personnel Certified Technician) ACI Field Testing Technician Grade 1 Millidgeville North High School CAREER SUMMARY 1972- November 2007 Strescon Limited, Saint John N.B. 2007- Dec. - Present Conquest Engineering Ltd., Saint John, N. B. RELEVANT EXPERIENCE ❑ 35 years working in the pre -cast concrete industry. ❑ Quality Control Manager for the Strescon group of companies. ❑ Supervision of Quality Control Technicians in the Saint John plants. ❑ Maintenance and implementation of Quality Control program as related to PCI requirements. • Mix designing: mix control and optimization of pre -cast components, pipe and Ready Mix concrete. • Working knowledge of pre- stressing systems, theory, calculations of elongations and control of same. • Working knowledge of admixtures as related to different cements and concretes. • Working knowledge of SCC (Self Consolidating Concrete). • Hands on experience with pre -cast product inspection, pre and post pour. • Destructive and non - destructive testing of concrete. • Reinforcing steel and formwork placement inspection • Pre -cast concrete inspection - various projects -ME., N.H. MA. • Pre - stressed concrete inspection- various projects- Maine D.O.T, N.B.D.O.T • Co- author of a paper titled "The Use of Blended Silica fume Cement in Precast Concrete" other authors Pro- fessor Mike Thomas U.N.B. Fredericton N.B. Don Hopkins, Kevin Kale of LaFarge Canada Inc. REPRESENTATIVE PROJECTS • Battery Wharf- Precast, Prestressed Wharf Panels 2005 • Wastewater Treatment Plants - Louisbourg N.S. Double Tees, Leger Beams 2006 • Brunway Construction -Trans Canada Highway New Brunswick Bridge Girders 2006 -2007 • Tweedie Brook South Main St.- Deck Slabs 2006 • Ocean Gateway -South Portland Me. Deck Slabs2006 • Payne Road - Portland Me. Deck Slabs 2007 • Church St. Overpass -St. Stephen N.B. Bridge Girders 2007 29 30 Powning Designs Ltd. lightstudio I ARCHITECTURAL LIGHTING DESIGN Luis Rocha Toronto, Canada Tel.: (416) 315 -3831 Tel.: (416) 278 -2572 Tel.: (905) 335 -9402 Philosophy We advocate lighting design to be a process anchored in best - practices philosophy which includes aesthetics, economics, engineering, planning & ecology... Lighting is an important behavioural instrument as well as an adaptable design material. It uniquely completes form and function; informs architecture, enhances products, communicates identities and articulates ideas. Profile Since 1997, Lightstudio has provided comprehensive interior and exterior lighting design and consulting ser- vices to our clients. It is a partnership of 2 lighting design principals, with drafting and design support staff. Our experience in lighting system design extends to concept development, master planning, historical renova- tion, civic lighting, custom luminaire design and management of project lighting costs and schedules. We use the latest in analysis and rendering software to prepare our lighting plans & documentation. Services Lighting Concept Development Lighting Layouts & Specifications Custom Fixture Design Lighting Standards Development Lighting Studies & Recommendations Customer Lighting Problem Analysis Budget Preparation Landscape Lighting Themed Lighting LEEDO Documentation Contact Us e -mail: design @) lightstudio.com O 2010 LIGHTSTUDIO INC., Toronto, Canada PROPOSAL 2010- 993001P — Public Art — Saint John 225 216 Reference List for Peter Powning — Powning Designs Ltd. Mitchell Cohen CEO The Daniels Group, 20 Queen Street West, Suite 3501, Box 50 Toronto ON M5H 3R3 work (416) 598 -2129 work fax (416) 979 -0415 mcohen @ danielscorp .com Tom Dutton, Senior Vice President The Daniels Group, 20 Queen Street West, Suite 3501, Box 50 Toronto ON M5H 3R3 work (416) 598 -2129 work fax (416) 979 -0415 tdutton Cu? danielscorp.com Michael La Brier President Canderel Stoneridge Equity Group Inc. 1075 Bay Street, Suite 400 Toronto, Ontario M5 213 1 Tel: (416) 593 -6366 ext. 222 Fax: (416) 593- 6122/(416) 593 -0092 mlabrier@canderel.com Eric Marr, CEO Saint John Energy 325 Simms Street Saint John NB E2L 4C7 1 (506) 658 -5266 eric.marr@ sjenergy.com City of Moncton Contact: Colette McLaughlin Community Development Officer, Culture / Agente de developpement communautaire, Culture City of Moncton / Ville de Moncton 655 Main, Moncton, NB E1C IE8 T. 506.853.3587 F. 506- 859 -2629 colette.mclaughlin @ moncton.ca RFP No. 2010- 993001 P - Public Art - Saint John 225 PUBLIC ART CONTRACT THIS PUBLIC ART AGREEMENT ( "Agreement ") made as of September____, 2010 by and between: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, City Hall, PO Box 1971, 15 Market Square, Saint John, NB E2L 4L1 (hereinafter called the "City"), and POWNING DESIGNS LTD., a body corporate, 610 Markhamville Road, Markhamville, NB E4E 4H3 (hereinafter called the "Artist "). WHEREAS the City solicited proposals for public artwork to be created, delivered and installed at a location as more particularly described herein along Harbour Passage in Saint John, New Brunswick (the "Site ") pursuant to a Request for Proposals — Public Art Opportunity (the "RFP ") to which the Artist submitted a proposal in response (collectively, in accordance with the RFP, the "Project "); and WHEREAS the City, with the participation and assistance of the Saint John 225 Committee and the Saint John Community Arts Board (hereinafter collectively called the "Arts Board "), and other advisors and juries, approved the proposal of the Artist in connection with the Project; NOW, THEREFORE, the parties do hereby for valuable consideration covenant and agree as follows: 1. Delegation by City: The City hereby delegates the administration of this Agreement to David Logan, Purchasing Agent, City of Saint John [506 -649- 6038). The Artist agrees to work with, and to cooperate fully with said representative of the City. 2. Description of Artwork: Subject to and in accordance with the project, the Artist will create and install the following work of art at the Site: Title: Shards of Time Dimensions: 16 feet in diameter, 18 feet wide and 10 feet high Medium: stainless steel frame and reinforcing mesh; pigmented and stained concrete; cast bronze Description of Work: Comprises a fragmented, reconstructed vessel form (e.g. bowl shape) emerging from the ground like a half - exposed archaeological find. The various shards of the partially reassembled vessel will include on their surface actual impressions of objects from the material cultures of past inhabitants up to the modern era — from stone tools to cell phones. (the above work of the Artist, together with the present and future artwork, concepts, ideas, drawings, maquettes, models, samples, renderings and other work forming the subject matter thereof, and together further with all right, title and interest (including copyright and any other intellectual and other property right, excluding only the Artist's moral rights) therein and thereto, hereinafter collectively defined as the "Work "). 3. Standards of Performance: The Artist has familiarized him/herself with the Project, the Site and the local conditions under which the Work is to be installed and maintained, and has communicated any material observations, and any concerns, to the City. 4. Changes in Design: The Artist will create the Work in accordance with the Project and the approved design. Recognizing that the shift in scale from model to full scale requires artistic adjustments, the Artist may, with the City's prior consent, make minor changes in the frtal Work as is deemed aesthetically or structurally necessary. 5. Permanent Location: The permanent location of the Work will be at the Site, at the location thereon more particularly shown and described in Attachment A. 217 RFP No. 2010 - 993001 P Public Art -Saint John 225 6. Price and Payment Schedule: Subject to the Artist's compliance with this Agreement and the Project, the City will pay the Artist a total sum of Two Hundred Thousand Dollars ($200,000.00), plus applicable HST. Payment will be made in the following sequence: upon signing of this Agreement by the Artist and the City; upon completion of one half (1/2) of the required construction or creation of the Work, in accordance with this Agreement; $ upon installation of the Work in its permanent location, in accordance with this Agreement; $ upon inspection and final acceptance of the installed Work by the City and the receipt from the Artist of the certification referred to in section 15 below and all maintenance instructions and photographic and other documentation required under this Agreement; and $20,000.00 plus applicable HST (being not less than ten percent (10 %) of the total sum shown above) upon expiration of all applicable mechanics' lien and other statutory lien holdback periods, and the receipt from the Artist of satisfactory independent written evidence that no such liens exist. To receive payments subsequent to the initial payment, the Artist will submit a billing or invoice to the City when each of the stages outlined above have been reached, together with a written certificate of the Artist that such stage has been successfully achieved under the Agreement. 7. Final Acceptance: Final acceptance will be reached when the City signifies that the Work has been completed and installed according to terms of this Agreement. Sole ownership of the Work by the City occurs when a letter of final acceptance is sent by the City to the Artist. Such letter will initiate the final payment process, and (subject to applicable holdback requirements) final payment will be made within thirty (30) days of the date of acceptance. Copies of the letter of acceptance will be forwarded to the Arts Board. 8. Assignment of Work and Services: The work and services of the Artist are personal and will not be assigned, sublet or transferred. This prohibition of assignment does not prevent the Artist from employing qualified personnel who work under the Artist's supervision, 9. Artist as Independent Contractor: The Artist agrees to perform all work under this Agreement as an independent contractor and not as an agent or employee of the City. The Artist as independent contractor will furnish all supervision, labour, materials, equipment, supplies, other incidentals, as well as storage, transportation, shipping, and installation of the Work. 10. Inspection and Review: The City has the right at reasonable times and with advance notice to review the Work while in the process of execution and to request and receive progress reports. The City will have the right of entry at all reasonable times to the premises where work is being done and/or where materials for the Work are stored for purposes of inspecting the Work and materials and for determining their state of progress; and for recovering the Work or materials in the case of default by the Artist under this Agreement. 11. Installation Time Schedule: The Artist will begin work on or before receipt of the first payment due, and will complete the Work and installation thereof by the date of July _, 2011, unless that date is extended by the City, in which case it will become the responsibility of the Artist to store the Work before its installation. In the event that the Work and the installation are not completed by the above date, the Artist will incur a penalty of one percent (1 1/6) of the remaining balance which would be due the Artist upon completion and installation under this Agreement for each day after the above date until completion of the Work and installation. The Artist will notify the City and the Arts Board of installation times and dates at least 14 days prior to installation. 12. Documentation and Records: Within thirty (30) days of installation of the Work, the Artist will furnish the City with at least six (6) separate first class digital images (in jpeg format, or as otherwise reasonably requested by the City) N 218 rtr RFP No. 2010- 993001 P — Public Art — Saint John 225 of the Work and (if requested) a minimum of six (6) professional quality 35mm slides and two (2) 8 "x 10" colour glossy photographs of the Work, and will provide a full written narrative description of the Work. 13. Public Notice: The City agrees to provide and install an identification plaque for the Work within six (6) months of the final acceptance date. The written contents of the plaque will include at least the following information: Title of Artwork: Shards of Time Year: 2011 Artist: Powning Designs Ltd. [Peter Powning and Jake Powning] Commissioned by: The City of Saint John for its citizens and visitors, in recognition of the City's 22P anniversary and its designation as a Cultural Capital of Canada for 2010, and pursuant to the City's Arts and Culture Policy. The plaque will be of such medium and design as to be appropriate to the Work itself and the permanent location of the Work, and the Artist will be consulted as to design. In the case of a series of Works, the Artist and the City will reach agreement in writing concerning the number of plaques needed for appropriate identification. 19. Warranties and Transfer: The Artist will promptly repair or replace, at no cost to the City, all defects in materials or workmanship of which the Artist has been properly notified within a period of one (1) year from date of completion (including final installation) of the Work. The Artist represents and warrants to the City that the design of the Work is the original product of the Artist's own creative efforts. The Artist further represents and warrants to the City that: (i) the Artist holds all intellectual and all other property rights associated with the Work and has not assigned or transferred any right, tilde or interest in the Work to any other person or entity; and (ii) the Artist holds all rights necessary to give full force and effect to this Agreement. The Artist hereby agrees that all right, title and interest in the Work are delivered, and the Artist hereby grants, assigns and transfers, to the City the Work, free and clear of any liens, claims and encumbrances of any kind arising from any source whatsoever. 15. Indemnity and Liability: The Artist hereby, at the Artist's own cost and expense, indemnifies, saves harmless and defends the City, and its respective directors, officers, elected officials, agents, consultants, employees and members, from and against all claims, damages, losses and expenses, including legal fees, arising out of, or resulting from, the performance by the Artist under this Agreement or the breach or failure of the Artist so to perform hereunder, provided that such claim, damage, loss or expense is caused, in whole or in part, by any negligence, default, breach, act, or omission of the Artist, or of anyone directly or indirectly employed or retained by the Artist, or anyone for whose act the Artist may be liable. The Artist further indemnifies, saves harness and defends the City, and its respective directors, officers, elected officials, agents, consultants, employees and members from and against any claims or liens of the Artist's subcontractors, and his, her and their labourers, employees, materialspersons, mechanics, and suppliers. The extent of the indemnification provisions herein will not be limited by any provision for insurance contained in this Agreement. Before final payment is approved, the Artist will supply a completed certification of payment of all debts and claims relating to the Work and a lien release. 16. Insurance: Prior to the execution of this Agreement, the Artist will provide the City with a certificate or certificates evidencing automobile liability insurance and commercial general liability insurance, each policy being in an amount of not less than $1,000,000.00 combined single limit for each occurrence, and providing the City with thirty (3 0) days written notice prior to cancellation. The commercial general liability insurance will name any subcontractors employed or retained by the Artist and will include (and the certificate provided to the City will disclose): (i) operations of the Artist in connection with this Agreement; (ii) products and completed operations coverage; (iii) contractual liability with respect to this Agreement; (iv) the City added as an additional insured; (v) a cross liability clause; and (vi) owned and non -owned automobile coverage. 17. Compliance with Laws: In the performance of this Agreement and provision of the Work, the Artist will comply with all applicable workplace, health and safety laws and all other federal, provincial, municipal and local laws, by- laws, rules and regulations. 219 RFP No. 2010- 993001 P - Public Art -Saint John 225 19. Maintenance: As a condition of, and prior to, final acceptance of the Work, the Artist will supply the City with written maintenance instructions. During the Artist's lifetime, the Artist will supply, at no charge, advice as to problems arising in relation to maintenance of the Work. 20. Repairs: The City will make every reasonable effort to consult with the Artist in all matters concerning repairs and restoration of the Work. All restoration work will be done in accordance with proper restoration and conservation standards in Canada. 21. Relocation: The Work will be placed in the location for which it was selected. The City agrees that the Artist will be notified if, for any reason, the Work has to be removed or moved to a new location. 22. Ownership of Documents and Models: Drawings, specifications, and models of the Work, or which relate to the Work, including all preliminary studies, remain the property of the City following proper completion of the Work under this Agreement or following termination of this Agreement by the City where caused by the default of the Artist. All such drawings, specifications, and models of the Work, or which relate to the Work, including all preliminary studies, will not be used by the Artist on other projects or extensions of this Project except where agreed by the City pursuant to a subsequent agreement in writing between the Artist and the City. 23. Notice: The Artist agrees to notify the City of changes in the Artist's address within ninety (90) days of that change, and failure to do so will be deemed a waiver of Artist's rights contained in this Agreement. All communications and notices required or permitted under this Agreement will be in writing and will be deemed sufficiently served if hand delivered or sent by registered mail or prepaid courier. 24. Termination: This Agreement may be terminated by the City upon written notice to the Artist in the event of failure by the Artist to perform in accordance with the terms of this Agreement. Nothing in this Agreement abrogates or limits any claims which the City may have against the Artist for failure to perform in accordance with this Agreement, including any claim for reimbursement of funds advanced to the Artist under section 6 above. 25. Non - Waiver: Except as expressly provided in this Agreement, no failure or waiver or successive failures or waivers on the part of either party hereto, their successors or permitted assigns, in the enforcement of any condition, covenant or article of this Agreement operates as a discharge of any condition, covenant or article, or renders the same invalid, or impairs the right of either party hereto, their successors or permitted assigns, to enforce the same in the event of any subsequent breaches by the other party hereto, its successors or permitted assigns. 26. Modification of this Agreement: This Agreement may be amended or modified only if in writing and signed by the parties, and represents (together with all terms and conditions of the RFP in connection with the Project) the entire agreement of the parties. 27. Inurement and Binding Effect: This Agreement inures to the benefit of the City, and its successors and assigns, and is binding upon the Artist. Witness: THE CITY OF SAINT JOHN By: [Mayor] By: (Common Clerk] Resolution Date: September _, 2010 POWNING DESIGNS LTD. By: [Peter Pawning - President] 2 220 RESOLVED that Common Council accept the recommendation of the Saint John 225 Public Art Jury and the Saint John 225 Committee and award RFP No. 2010 - 993001P respecting the purchase of a permanent installation of public art to Powning Designs Ltd., Markhamville, New Brunswick respecting its proposal and supplemental proposal entitled "Shards of Time", and that the Mayor and Common Clerk be authorized to execute, on the City's behalf, the "Public Art Contract" which forms part of RFP No. 2010- 993001P with Powning Designs Ltd. after the City Manager and the Commissioner of Finance have established the quantum of each payment to be made to Powning Designs Ltd, at each of the intervals stipulated in the "Public Art Contract ". 221 tai � '� t) x ,� C1 K . Budget Submission for City of Saint John to His Worship the Mayor Ivan Court Members of Common Council Deputy Mayor Stephen Chase Councillor Chris Titus Councillor Peter McGuire Councillor Patty Higgins Councillor Bill Farren Councillor Gary Sullivan Councillor Carl Killen Councillor Donnie Snook Councillor Bruce Court Councillor Joe Mott 222 His Warship the Mayor Ivan Court & Members of Common Council PO Box 1971 Saint John, NB E21- 4V1 September 7, 2010 Dear Mayor Court and Members of Common Council, {j rj f i4J Budget time is one of the most important periods each year for Cherry Brook Zoo. Budget decisions affect not only the Zoo's status as an accredited institution; they determine its very survival. The enclosed documents are submitted in support of a request 901 Foster Thurston Drive from Cherry Brook Zoo for municipal funding in the year 2011 to offset the projected deficit. Saint John, NB E2x 5H9 Cherry Brook Zoo has developed diversified streams of revenue generation. It Phone (506) 634 -1440 operates a number of business ventures under the banner of Cherry Brook Zoo. In addition Entail noahsark@rogers.cam to the Zoo being a place of conservation, education and recreation, it is also a place where www.cherrybrookzoo.eom people go shop, attend business seminars, host large and small gatherings and even play miniature golf. Major increases in bookings for seminar services and corporate functions together with increased retail sales are factors that have enabled the Zoo to hold the % annual deficit to its current level. Continued growth in these areas is anticipated in 2011 V " ,yC7.gd," -" y due to planned expansion of product lines and technology - enhanced service offerings. The deficit issue is made even more critical in the upcoming year as the Zoo is due BOARD OF TRUSTEES to be re- accredited by the Canadian Association of Zoos and Aquariums no later than 2012. As you are aware, the financial stability of Cherry Brook Zoo has been a serious question for CAZA in years past. The City's financial support over the past 2 budget years Lynn Smith has been viewed as a positive move by CAZA, together with Council's recommendation Chair that steps be taken to have the Zoo placed under the Regional Facilities Commission. It is Sam imperative that stable funding is in place before our next scheduled accreditation shave inspection or we will fail to be accredited due to lack of financial stability. Vice ce Chair The Zoo has been diligently following Council's direction with respect to working on Dr. John S. Mackay the Regional Facilities Commission issue. Formal presentations on the regional nature of Past Chair the Cherry Brook Zoo were made to Rothesay and Quispamsis with positive results. Your leadership and foresight in this budget proposal will be the catalyst in bringing the outlying Maggie Zed communities to the table and will secure the financial wellbeing and stability that our .lames (Rory) Grant national association is looking for in terms of reaccreditation in the near future. We are Dr. Stephen Justason DVM submitting with this document a CD copy of the presentations that contain very informative Brian D. Munro statistics. Theresa Mullin Alice O'Neill The Zoo will continue working with provincial representative and Council to move Mac Trueman the matter toward changed legislation. We appreciate that the City of Saint John has taken a leadership role in this endeavour and in budgeted financial support. If you have any questions or require any further clarification do not hesitate to contact us. Respectfully submitted Lynn Smith, Chaff Board of Trustees Cherry Bro. o-�k `Zoo Inc. DIRECTORS 7 a Leonard M. Collrin Lynda Collrin Ex Officio Lynda ol'rin, Volunteer Director Zoo Development, Cherry Brook Zoo Inc. Discovering Our Fast Protecting Our Future A Registere =d Irrc$QSnraied N(rrt -Profit (;13arital )!e Otgrsnizatioti 1977 Cherry Brook Zoo continues to be a valued community partner, contributing both financial sponsorship and in -kind support to a wide range of area organizations and fundraisers. In -kind support includes passes to the Zoo and miniature golf course as well as retail product to be offered as prizes or in auction fundraisers. Enclosed in this section you will find just a few letters to illustrate the Zoo's support. Organizations supported either financially or in -kind have included: • Pro Kids • Hestia House • Family Plus • Saint John Police ID Kits • Belfast Children's Vacation Fund • Big Brothers — Big Sisters Multicultural Association • Children's Wish Foundation • St. Joseph's Hospital Foundation (Dragon Boat Races) • Regional Hospital Foundation (various programs) • Breast Cancer Research Fundraising • IWK Fund Raiser • School Fund Raisers for many Districts 6 & 8 schools • A large number of individual community fund raising events Another area where Cherry Brook Zoo provides community support is through the many learning opportunities for our communities' young people. The Zoo offers work experience for course credit through specific affiliations with numerous universities and other post - secondary institutions. In addition, the Zoo provides the opportunity to learn through summer employment. In the past year, the Zoo employed 11 full -time and one part-time student from our region, either through summer employment programs or direct hiring by the Zoo. As evidence of the value of this work opportunity, we submit in this section a copy of the Summer Work Experience Report prepared by one UNBSJ Business student as part of her participation in the provincial 2010 SEED program. This report reflects the kind of varied and career enhancing learning that the Zoo is able to provide youth within our communities. 224 0 225 [SUMMER WORK EXPERIENCE] I : September9,2010 When most students in my Business Administration- Accounting class say that they had a summerjob, they talk about the office building they worked in or the piles of paper work that they had to photo copy and organize. My summer job was just a bit different. My clients were hairy, fury, and feathery. They didn't demand to much just some water, food, and a little attention. There were days when my clients would growl or squeak at me and there were other days were my clients just wanted to bath in the sun. I am sure that you have figured out by now that I did not have an office job this summer. Instead, I had the wonderful experience of working at the Cherry Brook Zoo located on Foster Thurston Dr. Saint John, N B. My title for the summer was Assistant Zoo Keeper, but I feel that Jack -of -all- Trades would have been more suiting as my day to day work was never the same. Some days that I came I could be helping with animal enrichment, feeding the animals, giving zoo camp a hand, assisting the retail shop with inventory, working on the Animal Record Keeping System (ARKS), creating a record system for zoo camp, or even giving a guided tour of the zoo. I know that you must be wondering how working at a zoo for the summer will help me in the area of business but let me assure you by explaining a little bit more about each of my experiences here: 0 Animal enrichment & feeding the animals -Animal happiness is a pivotal factor in a zoo. If your guests see your animals are unhappy it will reflect poorly on your establishment. 11 Page 226 [SUMMER WORK EXPERIENCE] September9,2010 In a way it's just like any other business because you have to keep your customers (guests) and employees (animals) happy. • Zoo Camp- Working with children takes patience and practice. The same can be said about working with some clients. Some clients require more attention (younger zoo campers) and others need less attention (older zoo campers). + Inventory with the retail shop- Inventory is a pure numbers game. First you want to make sure that what you ordered is what you received. You then want to check and make sure that the quantity that you ordered is what they shipped to you or if some was back ordered. After making sure that everything was shipped correctly and your prices were right, you have to make sure that the items are in your system for the correct PLU and price. • ARKS- Record keeping is a big part of any company. With no record of what happened in the past it would be hard to work towards a future. Every animal at the Cherry Brook Zoo is entered into the ARKS program and updated every time something happened to that animal. * Zoo camp record keeping- Having a system to enter campers into makes for easy retrieval of information and saves repetitive information. Every business has a way of keeping records, but being able to create a system takes a little bit more knowledge. • Guided tour of the zoo- There is a difference between knowing a company and just working for a company. To truly know your company inside and out is an asset. Your 21 Page 227 [SUMMER WORK EXPERIENCE] September i passion for the company will come alive, just as it did for me by telling guests of the zoo the things that they don't get to see that sometimes happen behind the scene. I truly believe that the experience I had while working at the Cherry Brook Zoo will help my future in the business world. Although I didn't work in an office or file papers away, the knowledge that I gained this summer will outweigh any other summer position at a regular business. 228 3 1 P a g e Che Enclosures: SAINT JOHN, NEW BRUNSWICK Budget (Excel) Revenues & Disbursements Budget Overview Budget Rationale Capital Projects List of Board of Trustees 229 Cherry Brook Zoo Inc, Statement of Operating Revenues & Disbursements Budget Submissions & Forecasts: 2009 - 2014 _ Budget Budget YIE Budget Budget YIE Budget Budget Budget Budget Revenues Submitted Actual Submitted Forecast Submitted Forecast Forecast Forecast for 2009 2009 for 2010 2010 for 2011 2012 2013 2014 Gate Income/ Friends of the Zoo $ 145,000.00 $ 147,380.00 $ 151,794.00 $ 150,000.00 $ 152,000.00 $ 152,000.00 $ 152,000.00 $ 152,000.00 Donations $ 50,000.00 $ 35,028.00 $ 45,000.00 $ 36,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 $ 40,000.00 Retail Sales $ 31,000.00 $ 29,467.00 $ 30,000.00 $ 34,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 $ 35,000.00 Seminars /Canteen /Parties $ 21,000.00 $ 33,476.00 $ 21,000.00 $ 38,000.00 $ 38,000.00 $ 38,000.00 $ 38,000.00 $ 38,000.00 Spec, Event- Fund Raising $ 45,000.00 $ 41,995.00 $ 45,000.00 $ 42,000.00 $ 42,000.00 $ 42,000.00 $ 42,000.00 $ 42,000.00 Select 100 campaign $ 1,260.00 $ - Miniature Golf $ 13,428.00 $ 13,000.00 $ 12,500.00 $ 13,500.00 $ 13,500.00 $ 13,500.00 $ 13,500.00 Sub total $ 293,260.00 $ 300,774.00 $ 305,794.00 $ 312,500.00 $ 320,500.00 $ 320,500.00 $ 320,500.00 $ 320,500.00 Disbursements Wages/Employee Benefits $ 209,425.00 $ 215,837.00 $ 207,425.00 $ 220,000.00 $ 224,000.00 $ 224,000.00 $ 224,000.00 $ 224,000.00 Workers Comp. $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 2,500.00 $ 2,600.00 $ 2,600.00 $ 2,600.00 $ 2,600.00 Pro ert Taxes $ 8,232.32 $ 8,232.32 $ 8,232.32 $ 8,300.00 $ 8,300.00 $ 8,300.00 $ 8,300.00 Heat/Lights/Power $ 24,500.00 $ 20,809.00 $ 24,500.00 $ 22,000.00 $ 22,000.00 $ 22,000.00 $ 22,000.00 $ 22,000.00 Telephone Services $ 5,500.00 $ 5,177.00 $ 5,500.00 $ 5,100.00 $ 5,100.00 $ 5,100.00 $ 5,100.00 $ 5,100.00 Uniforms $ 1,000.00 $ 1,906.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 Animal Purchase $ 20,000.00 $ 5,081.00 $ 20,000.00 $ 8,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 $ 20,000.00 AnimalCare - medical $ 8,500.00 $ 8,995.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 Animal Feed $ 18,500.00 $ 16,515.00 $ 18,500.00 $ 18,500.00 $ 18,500.00 $ 18,500.00 $ 18,500.00 $ 18,500.00 Vehicle Expense as, repairs, insur $ 16,000.00 $ 12,285.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 Professional Memberships $ 3,500.00 $ 3,182.00 $ 3,758.00 $ 5,600.00 $ 3,600.00 $ 3,600.00 $ 3,600.00 $ 3,600.00 Training & Development $ 7,350.00 $ 3,517.00 $ 6,000.00 $ 4,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 $ 6,000.00 Repairs & Maintenance $ 25,000.00 $ 22,587.00 $ 25,000.00 $ 24,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 Miniature Golf $ 11,000.00 $ 1,221.00 $ 3,500.00 $ 1,250.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 Advertising & Promotion $ 15,000.00 $ 4,576.00 $ 15,000.00 $ 10,200.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 Bank Charges - all accounts $ 3,300.00 $ 4,124,00 $ 3,788.00 $ 4,200.00 $ 4,200.00 $ 4,200.00 $ 4,200.00 $ 4,200.00 Professional Fees $ 5,500.00 $ 5,195.00 $ 5,500.00 $ 5,700.00 $ 5,500.00 $ 5,500.00 $ 5,500.00 $ 5,500.00 Insurance (property and liability) $ 11,000 .00 $ 9,875.00 $ 11,000.00 $ 10,000.00 $ 11,000.00 $ 11,000.00 $ 11,000.00 $ 11,000.00 Office & Administration $ 15,000.00 $ 20,907.00 $ 15,000.00 $ 19,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 Miscellaneous $ 1,000.00 $ 1,855.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 Fundraising/Special Events $ 10,000.00 $ 8,052.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 $ 8,000.00 Seminars /Canteen /Parties $ 10,500.00 $ 18,840.00 $ 10,500.00 $ 19,500.00 $ 13,500.00 $ 13,500.00 $ 13,500.00 $ 13,500.00 Equipment $ 6,500.00 $ 13,992.00 $ 6,500.00 $ 10,000.00 $ 6,500.00 $ 6,500.00 $ 6,500.00 $ 6,500.00 Retail purchases $ 15,000.00 $ 15,194.00 $ 16,000.00 $ 17,500.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 Truck Bank Loan $ 6,000.00 $ 5,542.00 $ 6,000.00 $ 5,550.00 $ 5,550.00 $ 5,550.00 $ 5,550.00 $ 5,550.00 Security non e u ment $ 16,185.00 $ 6,185.00 $ 6,185.00 $ 6,185.00 $ 6,185.00 $ 6,185.00 $ 6,185.00 $ 6,185.00 Sub total disbursements $ 468,260.00 $ 442,681.32 $ 455,888.32 $ 462,517.32 $ 470,535.00 $ 470,535.00 $ 470,535.00 $ 470,535.00 Net Gains loss operational $ 175,000.00 $ 141,907.32 $ 150,094.32 $ 150,017.32 $ 150,035.00 $ 150,035.00 $ 150,035.00 $ 150,035.00 Quis amsis Donation $ 5,000.00 City of Saint John Grant Received $ 50,000.00 $ 60,000.00 Year End /Deficit $ 175,000.00 $ 91,907.32 $ (150,094.32), $ 85,017.32 230 Cherry Brook Zoo Inc. Operational Budget Request 2091: Overview Budget Request Submitted for 2010 Funding Projected Revenues $305,794.00 Disbursements Projected $455,888.00 Request to cover operational deficit City Grant Awarded Budoet Request Submitted for 2011 Funding Projected Revenues $320,500.00 Disbursements Projected $470,535.00 Request to cover operational deficit $150,094.00 $ 60,000.00 $150,0035.00 Using current data, we forecast that operational costs in 2010 will have risen by 4.48% ($19,836.00) We further forecast that by year end 2010 operational revenues will have increased by 3.90% ($11,726.00). Combined with the increased City Grant for 2010 this has allowed the Zoo to maintain the same deficit level and therefore request as last year. What has changed substantially is the Zoo's ability to continue to cover annual operational deficits by drawing funds from its capital Growth and Enhancement Fund. At year end 2004 this Fund stood at $415,000.00 since then, in spite of additional bequests each year placed into this Fund it now stands only $165,789.00 to date. The implication of this dire situation are two fold: 1. Accreditation The Zoo is due to be re- accredited within the next twelve months. Stable operational funding is a requirement of accreditation status. Utilizing our dwindling capital fund is simply not acceptable to CAZA. The loss of accreditation would mean the immediate removal of all SSP animals which would include our Tigers, Snow Leopard, and all primate species. 2. Revenues The loss of these animals combined with the inability to make major improvements would mean a dramatic drop in revenue. It is the Zoo's hope that efforts to place Cherry Brook Zoo under Regional Facilities Commission will be successful for 2011 thus providing stability of funding and will assure re- accreditation and the opportunity to leverage our Growth and Enhancement Fund for Capital improvements thereby improving revenues. 231 i M BUDGET LINE NOTES Budget Summary/Revenue total does not include: _ l (a) Wage reimbursement amounts for Summer Students from Provincial, Federal And Aboriginal programs (: (2009 - $36,953) (b) Environmental Damage's Fund grant for subsidize additions to the Awareness Center (2009 = $6345) (c) Value of Volunteer — approximately 5000 man hours are donated annually in support of zoo activities especially in revenue - generating General special events, repairs and maintenance, catering and animal Notations enrichment. Grants from the City of Saint John for 2009 and 2010 are placed at the bottom of the budget to show remaining deficits. Budgets for years 20112 — 2014 are based on the projected revenues and disbursements for 2011, plus or minus 2.5% and subject to adjustment due to placement of the Zoo under the Regional Facilities Commission. Visitation and gate revenue is up approximately 2% in 2010 compared to figures for 2009 — and would have been significantly higher except for the very hot/humid weather that marked late July and August. Cherry Brook Zoo's visitation growth in the current year stands in marked contrast to the declining trend of other facilities in this sector. NB Tourism reports to July 31 that here has been an overall drop of 7% compared to 2009 for the Zoos & Aquariums category, and an overall drop in accommodations occupancy for the province of 12 %. The ability to not simply 'hold our own' but show modest growth is a reflection of the additional dollars allocated for advertising and promotion in 2010. Much of this increased promotional activity was possible due to the increased City Gate Revenue & grant for 2010. Visitation The increase over 2009 figures can be attributed to a substantial increase in marketing and promotion efforts undertaken by the zoo. (See advertising line under disbursements.) The introduction of a City Transit Route to the zoo is much appreciated but the existing schedule (leaving out weekends) has not served to dramatically increase the number of visitors to the zoo. We hope that changes in route schedules can be made in the future. Also contributing to growth is a dramatic increase in Zoo website visitation. Compared to the same period in 2009, website visits are up more than 60% - over 20,000 visits and 63,000 individual page views to date this year. 72% of visitors viewed 2 or more pages per visit and 55% of visitors spend more than 1 minute on the site (significant in 'web terms'). 232 The zoo has expended a considerable amount of time gathering data to move forward on Mayor and Council's recommendation that the zoo be placed under the Regional Facilities Commission. Success in this endeavour will meet the financial stability requirement stressed by CAZA and assure continued presence of the Zoo as a major area attraction. Formal presentations were made to the town councils of Rothesay and Quispamsis; unfortunately the Town of Grand Bay - Westfield declined our request to appear. These presentations, stressing the regional nature of the zoo, were warmly received. (See CD copy of Power Point Presentation included in Appendices) The Town of Quispamsis gave a donation of $5,000.00 and recommended that the Regional Facilities Commission be approached directly. The Town of Rothesay sent a strong letter of support for inclusion in Regional Facilities. 233 In the YE audited statement for 2009, the amount recorded for donations is $138,257. It should be noted that this figure reflects total donations including cash and in -kind goods and services. $88,454 of the amount came from Estate Bequests and, as per the Zoo's regular financial policy, was placed into the Growth and Enhancement Fund. While this Fund is intended for capital expenditures, a Board resolution allows for its use when required to offset annual operational deficits. Unfortunately, this has been the case for the past decade — money intended to 'grow the Donations Zoo' and replace aging structures has be used to 'keep the gates open'. $14,774 of the donation total for YE 2009 audit is the amount received as in- kind donations of goods and services. These donations have been critical for maintenance and repair activity allowing us to maintain the minimum standard for an accredited zoo. $35,029 is the actual amount received in general donations in 2009. The drop in donations is not surprising given the past years recession impact and all charities are drawing from the same pool for funds. The Zoo has surpassed the total for YE 2009 by approximately 13 %. This is Retail Sales due to two factors 1. Increased visitation 2. New product line sources Although the zoo had projected a decrease in previous year's submission, in Canteen, & fact this line has increased from YE 2009 by approximately 15 %. The growth Parties in seminar revenue has more than offset a decrease in birthday parties and continued growth is anticipated. The zoo has expended a considerable amount of time gathering data to move forward on Mayor and Council's recommendation that the zoo be placed under the Regional Facilities Commission. Success in this endeavour will meet the financial stability requirement stressed by CAZA and assure continued presence of the Zoo as a major area attraction. Formal presentations were made to the town councils of Rothesay and Quispamsis; unfortunately the Town of Grand Bay - Westfield declined our request to appear. These presentations, stressing the regional nature of the zoo, were warmly received. (See CD copy of Power Point Presentation included in Appendices) The Town of Quispamsis gave a donation of $5,000.00 and recommended that the Regional Facilities Commission be approached directly. The Town of Rothesay sent a strong letter of support for inclusion in Regional Facilities. 233 Budget Rationale: Disbursements BUDGET LINE NOTES This budget line reflects costs for full -time and part-time staff only and does not include those summer students whose wage costs are reimbursed. The increase in this budget line is due to several factors: (a) Increase in fees charged for group health insurance for full-time staff Wages, MERCs (b) Increase in minimum wage (which also increased MERCs) & Benefits (c) Because the number of student hours allocated to the Zoo under SEED was decreased this year the Zoo had to pay additional hours directly in order to maintain the same staffing level as previous years during our busiest period. The zoo staff continues to be paid at rates below industry standards Staff levels continue to be far less than even a decade ago which is most strongly in the areas of maintenance and security personnel. Due to being in a deficit position, the Zoo did not make any animal purchases as budgeted in 2010. The figure of $8,000.00 reflects the cost of specialized transportation for three SSP (International Species Survival program) animals: Siberian tiger from Cherry Brook Zoo to Assiniboine Zoo in Winnipeg, Siberian tiger and Geoffrey's —Sack Handed spider monkey from Toronto Zoo to Cheny Brook Zoo. Animal For 2011 we have reintroduced a budget of $20,000 which reflects an Purchases appropriate percentage of budgets for animal purchases as recommended by CAZA (Canadian Association of Zoos and Aquariums). This does not reflect expansion but rather needed replacement purchases as aging stock dies off and the purchase of companion additions for single animal exhibits. Our ability to expand is inhibited by the financial inability to construct new /replacement facilities through capital expenditure as at this time the Growth and Enhancement Fund must be allocated to cover operational deficits. The $25,000 allocation is required to maintain aging structures (most over 30 years) at a minimum level of repair. This is not considered adequate, Repairs & especially in light of growing costs. Stabilized funding would allow the Zoo to Maintenance increase this budget line which would do much to enhance visitor experience and animal enrichment. 234 Cherry Brook Zoo continues to promote its operation through paid memberships in the following organizations: • Saint John Board of Trade • Kennebecasis Valley Chamber of Commerce • Cruise Saint John • A La Carte (marketing network of local tourism partners) • Stonehammer Project • TIANB (Tourism Industry Association of New Brunswick) Professional Membership Fees paid at the nationallinternational level include Memberships the following: • CAZA, Canadian Association of Zoos and Aquariums • AZA, American Association of Zoo and Aquariums • WAZA, World Association of Zoos and Aquariums • NARG, Nutrition Advisory& Research Group (for Canadian zoological institutions) • IUCN, International Union for Conservation of Nature • IPPL, International Primate Protection League • ARKS, Animal Record Keeping System, (Global } • ZIMS, Zoological Information Management System, (Global) This line reflects more than double the amount spent in 2009 but less than the amount budgeted due to financial constraint. Some major expenditures centered around: 1, The purchase and production of a video ad to appear on the City of Saint John's web site.* 2. Monitor advertising in Cruise Terminal and advertisement in Crew Brochure 3. Brochure Advertising with A La Carte (a marketing network o area Advertising & tourism partners Promotion 4. New front entrance signage on Foster Thurston Drive Increased advertising is having a definite positive effect in increasing zoo use. The amount for 2011 has been increased by $5,000.00 but still falls far short of the amount that should be spent to generate a more substantial increase in zoo usage. ( *The city website video ad is to appear sometime this fall so therefore cannot predict impact on visitation.) 235 Cherry Brook Zoo Board of Trustees 2010/2011 Lynn Smith —Chair Sam Shaw —Vice Chair 141 Manners Sutton Road 3 Eydie Drive Saint John, NB E2K 2E2 Rothesay, NB E2C 4Z2 Work 634 -6004 Phone 849 -8243 Home 634 -1841 ce11647 -3403 Fax 849 -8243 Email Ismith @nbnet.nb.ca Email shaws @nbnet.nb.ca Dr. John S. Mackay — Past Chair Maggie Zed 2788 Rothesay Rd. 65 Park Drive Rothesay, NB E2H 212 Rothesay, NB E211 1A5 Home 847 -3809 Home 847 -4158 Email saorsa doctors.or .uk Cell 1- 902 - 448 -3522 Email maeeiezC@roeers.blackberrry.net Dr. Stephen Justason, DVM —Zoo Vet. Theresa Mullin Sussex Animal Hospital 5 Horsier Drive 11 George Street Saint John, NB E2M 4B4 Sussex, NB E4E 2A3 Phone 633 -0236 Phone (506) 433 -3538 Cell 647 -8694 Email sah @nb.aibn.com Email tmullinl @symaptico.ca Alice O'Neill Brian D. Munro - Legal Advisor 60 Swanton Dr. 162 Metcalf Street Quispamsis, NB E2E 4T2 Saint John, NB Home — 847 -3395 Phone 657 -6989 cell 639 -5582 Email aotigers @earthlink.com Fax 693 -6216 Email bdmkma(@yahoo.ca Mac Trueman James story Grant 426 Kennebcasis River Road 2956 Rothesay Road Hampton, NB E5N 61_3 Rothesay, NB E2E 5U4 Phone 832 -4935 Phone Email mtruemanO_nbnet.nb.ca Email Richard Demone — leave of absence 89 Marr Road Rothesay, NB E2E 3.19 Phone Work 847 -5685 Home 849 -7760 Email demone rick @hotmail.com Leonard M. Collrin - Chief Administrative Director Lynda Collrin — Sec/ Treasurer: ex- officio; Volunteer Director of Zoo Development /Primatologist 236 CAPITAL PROJECTS SUMMARY Note: this is not a request for capital funding but rather an information only report. These projects will be funded through a series of capital campaigns once operational funding is stabilized. Zoo Camp Facility Sponsored by Greater Saint John Community Foundation, YCAP, and Volunteers Awareness and Discovery Center Sponsored by Federal Environmental Damages Fund (cost - shared with Zoo) Awareness Cave Sponsored by the Voluteers of Cherry Brook Zoo Capital Projects proposed for next 5 years: Insectavorium cost estimate $60,000 mid term project Butterfly Exhibit Cost estimate $60,000 Mid term project *Primate Building Cost estimate $550,000 Short to mid term project Year Round Miniature Golf ' Currently researching and Low Impact building options. The basic Mid to long term Recreational Center component course was put project in place outdoors in 2008 New Food Service Delivery I Short term project System -To be identified iii) Capita Projects to be assessed for future development: 5 -7 years Overnight quarters for enhanced night time Zoo experience for visitors - $425,000.00 New programming aimed at youth ages 14 -17 New exhibit tied to Aboriginal Medicine Wheel & Herb Garden — Parking and pathway upgrades required throughout zoo — short term 237 iv) Animal purchases — next 1 -5 years Female Black Handed Spider Monkey — mate for SSP male Female DeBrazza Monkey — mate for SSP male Breeding group Wallaby's - Female Grant or Grevy Zebra to eliminate single animal display Consider Wolf Species — Artic possible When new primate building is complete the older building will be renovated to a mixed mammal exhibit - sloths, meerkat, others to be determined $35,000.00 238 short term short term short term short term mid term mid term CA# h OF- I—Wdf� Enclosures: The Cherry Brook Zoo in our Community 239 Cherry Brook Zoo continues to be a community partner, contributing both financial sponsorship and in -kind support (passes and auction prizes) to a wide range of organizations and to area fundraisers including: The Cherry Brook Zoo gives out many passes to both the zoo and to the mini golf to support priority Community services. Please find enclosed just a few letters to show you that the zoo takes part in Sponsoring our communities to the best of our ability. 240 • Pro Kids • Hestia House • Family Plus • Saint John Police I D Kits • Belfast Children's Vacation Fund • Big Brothers — Big Sisters Other • Multicultural Association • Children's Wish Foundation • St. Joseph's Hospital Foundation (Dragon Boat Races) • Regional Hospital Foundation (various programs) • Breast Cancer Research Fundraising • IWK Fund Raiser • School Fund Raisers for many Districts 6 & B schools • A large number of individual community fund raising events The Cherry Brook Zoo gives out many passes to both the zoo and to the mini golf to support priority Community services. Please find enclosed just a few letters to show you that the zoo takes part in Sponsoring our communities to the best of our ability. 240 The ti rce cefftre Saint John Tar Town 1 Uy Youth 130 MacLaren Boulevard Saint John, New Brunswick August 31 ", 2010 Cherry Brook Zoo 901 Foster Thurston Drive Saint John, New Brunswick Dear Manager: My name is Shaundell Curran and I am the Youth Engagement Coordinator, Teen Vibe, for Crescent Valley. I am writing you today to thank you for your assistance with our teen summer program. It is because of your generous donation of a family zoo pass that we are able to increase the quality of our program and the overall happiness of the teens. It is with the continued support of our communities and businesses that Teen Vibe can continue to strive and excel at being a safe place for teens to develop life skills and create lasting friendships. I hope that you will continue your involvement with Teen Vibe in the future. Thank you again for your support and caring about the future of the teens in your community. Sincerely, Shaundell Curran Youth Engagement Coordinator Crescent Valley Teen Vibe 241 P.O. Box 7135, Station A • Saint John. N8 4 E2L 4S5 August 25th, 2010 Dear Friends of Hestia House, elephone: (506) 634 -7571 • Fax (506) 652 -5651 On behalf of the Board of Directors and the staff of Hestia House, please accept our sincere thanks for your generous donation. Your contribution has made a great impact on the success of this year's Children's Summer Program. The main objective of the summer program is to provide fun activities and experiences for the children staying at Hestia House. We had an incredible summer and, because of your support, the children had the opportunity to create many lasting memories. Since opening its doors in May of 1981, Hestia House continues to provide services to women and children who are victims of violence in their homes. We see between two hundred and two hundred and fifty families each year and have provided shelter and assistance to over ten thousand women and children. Hestia House also provides businesses and organizations with awareness presentations on our role in the community and the issue of family violence. Our continued success in the operation of Hestia House and the services we provide to our community are made possible through your awareness and support of the work we do on behalf of abused women and children. We are working towards a day when violence against women will no longer be tolerated in our society and children will no longer have to witness or experience violence in their homes. Thank you, once again, for your kindness and generosity. Sincerely, Ellen Higgins & Katie Parled Children's Summer Program Coordinators (506) 648 -9654 PATRON SISTERS OF CHARITY, LC h e s t i a @ n M e t nb.ca I OT-30. Saint John Real Estate Board SERVING SOUTHERN NEW BRUNSWICK hP0 Lnair� �S:(t1 Su tr 12U Sa:: t John t4b E1h LJS T 5i o nS^ r -- F 50i E•3= 8775 E t a n .., W :µ . -�a'e lat a August 23, 2010 Cherry Brook Zoo 901 Foster Thurston Road Saint John, NB EX 5H9 To whom it may concern, On behalf of the Saint John Real Estate Board, we would like to thank you for your contribution to our "Amazing Race" event in support of the YMCA -YWCA Strong Kids Campaign on August 12, 2010. This was our first -ever summer fundraising event and it would not have possible without the help of local businesses such as yours. Together our REALTORS® raised $7,028.85, all of which goes directly to the Strong Kids Campaign to help local children, who are otherwise unable to afford the types of social programs the YMCA has to offer. To learn more about how this donation will benefit the families and children in our community please visit www.ymeastrongkids.ca. The "Amazing Race" portion of the event was a big success, totalling $5,085. The hunt to find Zoe the zebra at the zoo was great fun for all. We want to thank you for participating and making this possible. We hope that you will consider lending us your support next year and we look forward to discussing it with you then. Thank you, r c� 1J Al McAlpine, Chair Saint John Real Estate Board Inc. Social Committee 243 Good Morning Shirley: I want to star: by telling you how much I appreciate everything you are doing for us - You are a very special person to 'Just run with it" after one phone call from PEI:) I am home today with a flu -bug - you can email me at home at cheltonnancy @yahoo.ca, I check my email often during the day and will get back to you asap. My home phone # is 902 -887- 2611. (the nurse answering the phone today is different than yesterday, so contacting me at home is the best way to go - that is - if you need any info today) I spoke with our physiotherapist last night, and she will fax Red Cross the necessary information. Miranda told me yesterday, that you plan to mail the vouchers and "paperwork" to me once you have it all together - that would be awesome! I thought I would pick up a basket, and our staff can fill it with "road -trip snacks" and your vouchers, and the few of us that have been involved will take it to our "guy" and his family. It was nice to see his very over -tired Mom smile yesterday at the thought of getting to your Zoo - they have been battling disease this for 5 years. I will speak with his Mom again next week, and with her permssion, I can give you his name, phone #, etc,. I'm leaving some of the details as a surprise Thanks again Shirley and the Cherrybrook Zoo!!! Take care Nancy Pearson, RN Palliative Care Program Summerside, PEI 244 N A 7 E CHERRY BROOK ZOO DIRECTOR LEN COLLRIN TO SHAVE HEAD FOR BREAST CANCER RESEARCH! Also zookeepers SARAH LEVINE & SHANE BUTTON and Summer Zookeeper JEAN GOGUEN. Len r Sarah _ Je A _ One of our own has a family member fighting cancer, we want to support her as she supports her mother, Len Collrin is a cancer survivor himself and wants to give back for the sup- port he received. There is a friendly competition among those who will shed their locks. If you would like to sponsor please call the zoo at (506) 634 -1440 or email us at noah- sark@rogers.com or drop out to the zoo. WHEN AUGUST 16, 2010 WHERE CHERRY BROOK ZOO AWARENESS CENTER TIME 1:00 PM Be sure to join us on the unveiling of our new logo & New Front Entrance Sign! Enclosures: Audited Financial Statements, Wilshaw and Associates 246 Cherry Brook Zoo of Saint John Inc. Financial Statements December 31, 2009 247 Whshaw & Associates Professional Corporation P.O. Box 519, Main Post Office Saint John, N.B. E21, 3Z8 Telephone: (506) 849 -3956 Fax: (506) 849 -3966 May 18, 2010 Auditors' Report To the Trustees of Cherry Brook Zoo of Saint John Inc. We have audited the statement of financial position of Cherry Brook Zoo of Saint John Inc. as at December 31, 2009 and the statements of revenue and expenditures, changes in net assets and cash flows for the year then ended. These financial statements are the responsibility of the organization's management. Our responsibility is to express an opinion on these financial statements based on our audit. Except as explained in the following paragraph, we conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In common with many charitable organizations, the organization derives part of its revenue from the general public in the form of donations, the completeness of which is not susceptible to satisfactory audit verification. Accordingly, our verification of these revenues was limited to the amounts recorded in the records of the organization and we were unable to determine whether any adjustments might be necessary to donation revenues, excess revenue, assets and net assets. In our opinion, except for the effect of adjustments, if any, which we might have determined to be necessary had we been able to satisfy ourselves concerning the completeness of donations referred to in the preceding paragraph, these financial statements present fairly, in all material respects, the financial position of the organization as at December 31, 2009 and the results of its operations and the changes in its cash flows for the year then ended in accordance with Canadian generally accepted accounting principles. (9�, ✓", Cfl Chartered Accountant 248 Cherry Brook Zoo of Saint John Inc. Statement of Financial Position As at December 31, 2009 .Assets Current assets Cash and term deposits (note 5) Accounts receivable Interest receivable Inventory Property, plant and equipment (note 4) Liabilities Current liabilities 2009 2008 Operating Restricted Fund Funds Total Total $ S $ $ 4,822 196,454 201,276 175,861 19,350 - 19,350 2,610 - 184 184 1,448 9,503 - 9,503 8,110 33,675 196,638 230,313 188,029 38,830 - 38,830 29,231 72,505 196,638 269,143 217,260 Accounts payable and accrued liabilities 13,717 - 13,717 6,251 Current portion of long -term debt 4,736 - 4,736 - Interfund balance 47,883 47,883 - - 66,336 (47,883) 18,453 6,251 Long -term debt (note 5) 11,917 - 11,917 - Deferred contributions (note 6) - - - 5,545 78,253 (47,883) 30,370 11,796 Net assets Restricted - 244,521 244,521 243,516 Unrestricted (5,748) - (5,748) (38,052) (5,748) 244,521 _ 238,773 205,464 72,505 196,638 '269,143 217,260 Approved by the Board of Directors Director Wilshaw & Associates Professional Corporation 249 Director Cherry Brook Zoo of Saint John Inc. Statement of Changes in Net Assets For the year ended December 31, 2009 2009 2008 Operating Restricted Fund Funds Total Total S $ $ $ Net assets — Beginning of year (38,052) 243,516 205,464 239,864 Excess revenue (expenditures) for the year 32,304 1,005 33,309 (34,400) Net assets — End of year (5,748) 244,521 238,773 205,464 Wilshaw & Associates Professional Corporation 250 Cherry Brook Zoo of Saint John Inc. Statement of Revenue & Expenditures For the year ended December 31, 2009 Wilshaw & Associates Professional Corporation 251 509,813 2009 2008 Expenditures Operating Restricted Wages and benefits Fund Funds Total Total Heat, light and power 20,809 - 20,809 20,003 Revenue 12,285 - 12,285 12,074 Gate 129,279 - 129,279 129,273 Donations 138,257 - 138,257 71,553 Special events 41,995 - 41,995 43,494 Retail sales 29,467 - 29,467 30,327 Building rental and food services 18,983 - 18,983 8,589 Canteen revenue 14,493 - 14,493 18,761 Mini Golf 13,428 - 13,428 12,669 Friends of the Zoo 18,083 - 18,083 18,925 Grant - City of Saint John 50,000 - 50,000 - Select 100 - - - 408 Grant - Provincial Government 9,698 - 9,698 13,713 Grant - Federal Government 17,578 - 17,578 15,085 Grant - Aboriginal Garden 9,677 - 9,677 12,096 Environmental Damages Fund 6,345 - 6,345 1,655 Gain on disposal of property, plant and 22,587 - 22,587 14,850 equipment 12,500 - 12,500 - Interest 30 1,005 1,035 3,652 Wilshaw & Associates Professional Corporation 251 509,813 1 005 510 818 380,200 Expenditures Wages and benefits 250,790 - 250,790 233,071 Heat, light and power 20,809 - 20,809 20,003 Vehicles 12,285 - 12,285 12,074 Feed 16,515 - 16,515 14,801 Retail purchases 15,194 - 15,194 15,424 Mini Golf 1,221 - 1,221 2,945 Insurance 9,875 - 9,875 10,958 Advertising and promotion 4,576 - 4,576 4,949 Office and postage 20,907 - 20,907 16,347 Animal purchases 5,081 - 5,081 5,322 Bank charges and interest 4,124 - 4,124 3,569 Interest on long -term debt 960 - 960 - Dues and memberships 3,182 - 3,182 3,753 Special events 8,052 - 8,052 4,838 Animal care 8,995 - 8,995 7,489 Miscellaneous 1,855 - 1,855 361 Professional fees 5,195 - 5,195 5,095 Repairs and maintenance 22,587 - 22,587 14,850 Property tax 8,232 - 8,232 - Telephone 5,177 - 5,177 4,506 Travel and training 3,517 - 3,517 2,039 Uniforms 1,906 - 1,906 2,154 Canteen expenses 9,179 - 9,179 9,456 Equipment purchase 5,542 - 5,542 4,515 Seminars 9,661 - 9,661 6,795 Building fixtures 13,992 - 13,992 7,424 Amortization 8,100 - 8,100 1,862 _ 477,509 - 477,509 414,600 Excess revenue (expenditures) for the year 32,304 1,005 33,309 (34,400) Wilshaw & Associates Professional Corporation 251 Cherry Brook Zoo of Saint John Inc. Statement of Cash Flows For the year ended December 31, 2009 Cash provided by (used in) Operating activities Excess revenue (expenditures) for the year Item not affecting cash Gain on disposal of property, plant and equipment Amortization Changes in non -cash working capital balances Accounts receivable Interest receivable Inventory Accounts payable and accrued liabilities Deferred contributions Investing activities Proceeds on disposal Purchase of property, plant and equipment Financing activities Proceeds of long term debt Repayment of long term debt Interfand loan Increase (decrease) in cash and term 2009 2008 Operating Restricted Fund Funds Total Total $ $ S $ 32,304 1,005 33,309 (34,400) (12,500) - (12,500) 8,100 - 8,100 1,862 27,904 1,005 28,909 (32,538) (16,740) - (16,740) 1,796 - 1,264 1,264 1,195 (1,393) - (1,393) 1,043 7,466 - 7,466 (12,597) (5,545) - (5,545) 5,545 11,692 2,269 13,961 (35,556) 12,500 - 12,500 - (17,699) - (17,699) (26,061) (5,199 ) (5,199) (26,061) 20,000 - 20,000 - (3,347) - (3,347) - (29,980) 29,980 - - (13,327) 29,980 16,653 - deposits (6,834) 32,249 25,415 (61,617) Cash and term deposits - Beginning of year 11,656 164,205 175,861 237,478 Cash and term deposits - End of year 4,822 196,454 201,276 175,861 Wilshaw & Associates Professional Corporation 252 Cherry Brook Zoo of Saint John Inc, Notes to Financial Statements December 31, 2009 1. Purpose of organization The Cherry Brook Zoo of Saint John Inc. is a non -profit organization committed to maintaining accreditation standards of the Canadian Association of Zoological Parks and Aquariums and to maintaining the mandates of conservation, research, education and recreation. The Cherry Brook Zoo of Saint John Inc. is incorporated under the laws of New Brunswick as a not - for - profit organization. The organization is a registered as a charitable organization under the Income Tax Act of Canada and, as such, is exempt from income taxes. 2 Significant accounting policies Fund accounting Revenues and expenses related to operations and zoological park and administrative activities are reported in the Operating Fund. The restricted fund was initially set up in 2005 when the Board of Trustees internally restricted $415,000 of bequests received during the year. These restricted funds have been designated as a contingency fund that may be used under certain circumstances for operational items as determined by the Board of Trustees Revenue recognition The organization follows the deferral method of accounting for contributions. Restricted contributions are recognized as revenue of the appropriate fund in the year in which the related expenses are incurred. Unrestricted contributions are recognized as revenue of the appropriate fund when received or receivable if the amount to be received can be reasonably estimated and collection is reasonably assured. Investment income is recognized as revenue of the appropriate fund when earned. Grant revenue, gate fees and retail sales are recognized as revenue of the Operating Fund when received or receivable. Volunteers' time contributions are not recognized in the financial statements due to difficulty of determining their fair value. Donated materials and services Donated materials and services are recorded at fair market value where the value can be reasonably determined. Inventory Inventory is stated at the lower of cost and net realizable value. Wilshaw & Associates Professional Corporation 253 (1) Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2009 2 Significant accounting policies (continued) Use of estimates The preparation of financial statements in conformity with general accepted accounting principles requires management to make estimates and assumptions that affect the reported amount of assets, liabilities, revenues and expenses. Estimates are used for, but not limited to, accounting for doubtful accounts and amortization. Actual results could vary from those estimates. Property, plant and equipment Asset additions fully financed by current revenue are expensed in the year of purchase. Other property, plant and equipment are stated at cost less applicable government assistance and capital donations applied. The cost of assets purchased and expensed to date is $1,938,301 (2008 — $1,93 8,30 1). Amortization is provided for on property, plant and equipment using the following annual rates: Building, enclosures and site improvements 5% straight -line Equipment 20% declining balance Vehicles, Mini Golf and displays 20% straight -line Zoo animals Zoo animals are expensed in the year of acquisition. Future accounting ct<aages The Accounting Standards Board has issued an exposure draft proposing accounting standards for not for profit organizations. The Accounting Standards Board expects the final standards to be issued late in 2010 3 Financial Instruments and Risk Management The organization's financial instruments consist of cash and term deposits, receivables, accounts payable and long -term debt. Unless otherwise noted, it is management's opinion that the organization is not exposed to significant interest, currency or credit risks arising from these financial instruments. The fair value of receivables and accounts payable approximates their carrying values, due to their short-term nature. Wilshaw & Associates Professional Corporation 254 (2) Cherry Brook Zoo of Saint John Inc. Notes to Financial Statements December 31, 2009 4 Property, plant and equipment 2009 2008 Accumulated Cost Amortization Net Net $ S $ $ Buildings, enclosures and site improvements 163,247 163,246 1 1 Equipment 15,385 15,385 - - Vehicles 17,699 1,770 15,929 - Mini Golf 26,061 6,515 19,546 24,758 Displays 5,590 2,236 3,351 4,472 227,982 189,152 38,830 29,231 5 Long term debt Term loan of $20,000 with interest at 6.85% repayable in monthly instalments of $478 including interest, due March 04, 2013. Less: Current portion Term deposits in the amount of $25,000 are pledged as security on the loan_ Repayments in each of the next four years are as follows: Year ending December 31, 2010 2011 2012 2013 6 Deferred contributions Beginning balance Less amount recognized as revenue in the year Add amount received relating to the following year Ending balance Wilshaw & Associates Professional Corporation 255 2009 2008 $ $ 16,653 - 4,736 - 1 1,917 - 4,736 5,071 5,430 1.,416 2009 2008 5,545 - (5,545) - - 5,545 5,545 (3) YR h er y Revenue Sources as Percent of Revenue Generated 2008 An incorporated not- Far - profit charity Plus receives many thousands of dollars worth of in -kind goods andservices from compar,l s as well thousands of volunteer hours annually. Quispamsis Recreation Master Plan Growing trends Families with children Aging population -A new reavatt on�de%ftn - C4%VW eFnphasls on MAsltm Emouraaattivrt drNdlert and! wnlms - ptwmmon of ftmw-ff� Q&&Jaa -Act Atlat *at are have NMrVerwatfonal Appeal,an WW Mnpad and WWWUdtMMI (swim and a Made" U) `Sak boo kto stWdAV Galls • appotornxy fvr SreateF san101r Mrvahxirtate 256 9!1 0/2010 I ❑ TOURISM RECREATION ❑ _ LEisunE ❑ ❑ EouCA'nONA- gVAUTY ❑ INFRgSTRUC7u HE � OF LIFE 0 J ❑ PNHANCEG � � CONSERTIpN Vq LE TNls000ne9 FFerL ❑ ❑ ❑ 0 ❑ ❑ 1�1 0 r�tlj 0 ❑ ° r ❑ ❑ 0 ❑ k Oi TIaIrtIN sneurafKe &Bantirt� AdvcNsing &` Promotion 2008 p% Too Operating Expenses Admlydstratlon/ $371,844 Purthasar/ItNmtory/ VOlde & Equip, Anlmaltam & Housing Dent Indvda$5 valve or donatsd tn+teocds ands.n+us narwlunhe�rlwurs ueiltla , I ❑ TOURISM RECREATION ❑ _ LEisunE ❑ ❑ EouCA'nONA- gVAUTY ❑ INFRgSTRUC7u HE � OF LIFE 0 J ❑ PNHANCEG � � CONSERTIpN Vq LE ❑ ❑ 11 ❑ ❑❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ 1�1 0 r�tlj 0 ❑ ° r ❑ ❑ 0 ❑ k Oi I �ampare ro [he ryarppk ZOO - ZOpCarremdan[e �Jaapary- Dxember - 4 +, 3'rs SW— NS T.— • When people think of living in a community they expect Bean water, good roads, quality education and health facilities, but they expect more l G/SAIIRT r .. -K'Xop Ghnslmas in July Mardi Gras _� Huge Crowds €or Haunted Zoo • To attract people to our communities Cherry grooK ZOO IS PART OF THAT "MORE' PEOPLE ARE: LOOKING FOR! .-�, -� •,•_• -•• •�-- ^� -i^ 25%ofVisttors - Lolsse Na enoth.,"Ia5ite Top rerip- TpuaU MIR Tourismsi xew- srunsvrlrk.net TdpAdeior keWc4teCenada GAZA 55X,1. Search Engine nwte0 11IIM P9Riaaen 20e;• i+s0. ti mnnlM 8150 46,715 ;009 Aaarth-AUH SInMWa kt,92a 53.9(6 257 MKID -F -FAQ ] Cherry Brook Zoo Provides A Unique Learning Venue a..... he wokeaporied.e ror Vet IOld S.hcat Co-op Ed pkcemenn Summer Employment icu Cemp ... sairere e1hAa s tftst kandne 1b.. cdnservaeartxrun! Fleld trips rorover 50 schools tam around Ng and N— Enalind Cherry Brook Zoo's Vanished Cherry Brook Zoo is considered Kingdom Park, the only learning Museumand is a member ofthe NB park of its kind in North America and Canadian museum associations Percentage of visits to zoo website by countries of origin tan to rasher countun Acstral France United Milidem C--.y lieb9a Nelhedands eraill India Canadd Medro 6+f.r Span M 2 ,Family- orVented facility fJ� .Cross generational appeal .Adults outnumber children at to 1 in visitation i5afe high - interest walking trails 1- Unique way to get kids to exercise - eVolunteer use of leisure time 1n a - -� - healthy, outdoor environment cn£NNr eaooiczoo .F--A NEW rAMI V vRecreation combined with education - `rr NACTION IN JULY 20ou Zoo special events draw our communities together... and draw visitors to region - Percentage of visits to zoo website by countries of origin tan to rasher countun Acstral France United Milidem C--.y lieb9a Nelhedands eraill India Canadd Medro 6+f.r Span M 2 *S,AWJOHN 11AW oh our +4, ng •••5• w #Ruw�r +a smr n Ao e. .w.M R —Ipted rash arty ..,, �erxv a49alm 6,wen4a�brnm vtemn✓rtre Grand Bay- Nlestliell woaa 12°1 ceua,v.Rea I^ -•- NtJdRN.rnk• - 3e/ as srouRl.�., 10154 One of the regron'$ Tap Ten Altraclion5 "Best of "Attraction for Fundy Region Consider what activiles have appear to families with younger children 258 zoo VISITATION 2008. a visits report2d 34,930. Corrected 1o41,315 dug 40 calrula Bonermr Vast Year 2009, 0 visits January to end of August = 35,475 10mo TradedbyACstaJ Cade Donations to Cherry Brook Zoo R —Ipted rash arty �r ���/ L o OrWri Grand Bay- Nlestliell i•Alna 12°1 4.nsor0tafal Quisp mSlS 3989 3e/ as 258 zoo VISITATION 2008. a visits report2d 34,930. Corrected 1o41,315 dug 40 calrula Bonermr Vast Year 2009, 0 visits January to end of August = 35,475 10mo TradedbyACstaJ Cade 9 Visits t% totals OrWri i•Alna du tAtt ust 4.nsor0tafal ainl John 3989 35 "., 6165 (3Veil 10154 32;. Cris amsK 1595 114% 2055 (10 %I 3650 11% R.thes.y 1254 111%j 143B 7% 2692 8% tand3a - VJastfierd 683 6% 811 her 3875 3t% 50082 SE�� Tte 1I 396 10054 2035] 1 Family Memberships S %othv Monthly Sponsors (percentage of total individuals) 9110/2010 3 Major Annual Donors As percent of total individual major donors i GB -W 2° Regular Zoo VoIunteefs (total well over 5000 hours annually) InclMduals who volunteer weekly hi- weekly cr � monthly = 49 Quispamsis Rotllesay Does not include volunteers for special events 259 9/10/2010 salntJtyftrt Student Summer Employees at Zoo -2009 S 12 students -fatal of SZ40 itatsrs gf employment 4 3 — _ .-- --- -- - --...— -- -- ---- — - Z _— ---- Rothesay. Quispamsis other Grand Bay - Westfield i The Challenges... AReglonal partnership wil There are no more budget cuts [hat can be enhance the Zoo's efforts to made and still maintain national accreditation ,grrewcr AOnIrIOHALSKfMIFrLA"T Revenue is highly wealherdependant. PAS "cas' UMPer[rAKE PuKMnin Foa A Aging structures in need of updating and AMPAK:n roexeAMOZOP expansion wMVCM VnucMKAMCC rMc accroMsASSrrs. Deficit financing option will soon end lAA1M m AC CFSSInlurrmnouce A —bAere APMIS —K*r". Economic downturn has reduced donations. .SP[MO MOnc nM£oM PnoeIeAM ocacwrArcwr ANP lass oa Competition for donations from large - sunvnAr.." 'corporate` chadlteS d by the citizens GmaterSi :11 200 ( Iterry Brook 7nre Boclrrl ql Irir. r v, Lynn Smith, Chair Sam Shaw. Vice Chair Or John Mackay, Past Chair Saint John — 3 Guy Barbara Rothesay - 5 Rory Grant Dr. Stephen Juslason Cutspamsts— 2 Terry Mullin Alice O'Neill Frampton -1 Mac Twoman Sussex -1 Brian Munro (ex ofkcro) Rick Damone (ex .trio n) Or Ed Wafter fex olficro) salntJtyftrt Student Summer Employees at Zoo -2009 S 12 students -fatal of SZ40 itatsrs gf employment 4 3 — _ .-- --- -- - --...— -- -- ---- — - Z _— ---- Rothesay. Quispamsis other Grand Bay - Westfield i The Challenges... AReglonal partnership wil There are no more budget cuts [hat can be enhance the Zoo's efforts to made and still maintain national accreditation ,grrewcr AOnIrIOHALSKfMIFrLA"T Revenue is highly wealherdependant. PAS "cas' UMPer[rAKE PuKMnin Foa A Aging structures in need of updating and AMPAK:n roexeAMOZOP expansion wMVCM VnucMKAMCC rMc accroMsASSrrs. Deficit financing option will soon end lAA1M m AC CFSSInlurrmnouce A —bAere APMIS —K*r". Economic downturn has reduced donations. .SP[MO MOnc nM£oM PnoeIeAM ocacwrArcwr ANP lass oa Competition for donations from large - sunvnAr.." 'corporate` chadlteS d by the citizens GmaterSi :11 260 9/10/2010