2005-10-24_Agenda Packet--Dossier de l'ordre du jourCOMMON COUNCIL
AGENDA— October 24, 2005
COMMITTEE OF THE WHOLE MEETING
1. 5:00 p.m. — Call to Order
2. Negotiations — Federal & Provincial 10.2(4)(c)
3. Meetings with Province of NB 10.2(4)(c) (From Oct 11)
4. Property Negotiations 10.2(4)(d)
5. Property Negotiations 10.2(4)(d)
6. Property Negotiations 10.2(4)(d)
7. Legal Session — Official Languages Litigation 10.2(4)(8)
REGULAR MEETING
1.1 6:15 p.m. - Call to Order — Prayer
1.2 Approval of Minutes (October 11, 2005)
1.3 Approval of Agenda
1.4 Members Comments
PRESENTATIONS
2.1
6:20 p.m.
Diabetes Awareness
Month
2.2
6:30 p.m.
Human Development
Council
PUBLIC HEARINGS
4.1 7:00 p.m. (a) Proposed Zoning By -law Amendment to re -zone a parcel of land with an area of
approximately 370 square meters, located at 235 -237 Britain Street, also identified as
being PID Number 1305, from "RM -IF" Multiple Residential Infill to "IL -1" Neighborhood
Institutional classification to permit an expanded parking area for the Turnbull Nursing
Home as requested by Steen Knorr Architecture Incorporated
5.1
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
(b) Report from Planning Advisory Committee recommending the proposed re- zoning
amendment.
COUNCIL MEMBERS
Enforcing Section 39 Conditions (Councillor Tait)
CITY MANAGER
Transportation Infrastructure in Rural Designated Areas
Town Hall Meetings
Governance System
Sanitation Fleet Replacement Program
Submersible Pump Controls — Latimer Lake
Lease of Space — Stall No. 4 City Market
Employee Prescription Drug Program
License Agreement — City of Saint John & Lees
Doley (LMDA Adventures)
t41' W
REUNION EN COMITE PLENIER
1. 17 h — Ouverture de la reunion
2. Negociations, paliers federal et provincial, alinea 10.2(4)c)
3. Reunions avec la province du N. -B. 10.2(4)c) (a compter du 11 octobre)
4. Negociations relatives aux biens -fonds - alinea 10.2(4)d)
5. Negociations relatives aux biens -fonds - alinea 10.2(4)d)
6. Negociations relatives aux biens -fonds - alinea 10.2(4)d)
7. Seance juridique relative a une poursuite civile a 1'encontre de la Loi sur les langues officielles, alinea
10.2(4)g)
REUNION ORDINAIRE
1.1 18 h 15 - Ouverture de la reunion, suivie de la priere
1.2 Approbation du proces- verbal (11 octobre 2005)
1.3 Adoption de I'ordre du jour
1.4 Commentaires presentes par les membres
PRESENTATIONS
2.1 18 h 20 Mois du diabete
2.2 18 h 30 Conseil de perfectionnement social
AUDIENCES PUBLIQUES
4.1 19 h a) Modification proposee de I'arrete sur le zonage relativement a une parcelle de terrain d'une
superficie approximative de 370 metres carres, situee au 235 -237, rue Britain, portant le
NID 1305, afin de faire passer la classification de zone d'edification de logements multiples sur
terrain intercalaire « RM -IF » a zone de quartier a vocation collective « IL -1 » en vue de
permettre I'amenagement d'un terrain de stationnement aux fins du foyer de soins Turnbull, a la
demande de la firme Steen Knorr Architecture Incorporated.
b) Rapport du Comite consultatif d'urbanisme recommandant le projet de modification de
zonage
MEMBRES DU CONSEIL
5.1 Force executoire des conditions imposees par I'article 39 (conseiller Tait)
DIRECTEUR GENERAL
6.1 Infrastructure de transport dans les quartiers urbains designes
6.2 Assemblees publiques locales
6.3 Systeme de gouvernance
6.4 Programme de renouvellement du parc de vehicules sanitaires civils
6.5 Commandes pour la pompe submersible situee au lac Latimer
6.6 Location de 1'etal n° « 4 » au Marche municipal
24 October 2005.
Canadian Diabetes Association and November - IRABE T EN IVIVIN 1 U
Mayor, Councillors and citizens
Mayor Mcr'ariane read a proclamation at the October loch council meeting which recognizes the month of
November as Diabetes Month. The CDA is extremely grateful for the recognition so afforded by our City.
All across Carnada this recognition is made during Gus rttonIn.
Diabetes is a chronic disease which directly atlects an estimated 3.3 million Canadians. The disease is
now recognized as one of rite major cost cenires to our universal health system. It has bcen characterized
as being of epidemic proportion, to the point of overwhelming our health system resources. The future
doesn't look great as we fight this insidious disease ,the etre cis of which cause blindness, limb
amputations, heart disease, kidney failure and even heart ache. Once it arrives in our lives the impact is
carried by the diabetic but shared with all whom they interact. Let's change The future!
There is hope in this stormy sea and it can be found in the determination and unrelenting efforts thrown at
this societal problem by Health Professionals and associations like the CDA. The CDA is looking to
improve the quality of life for people impacted by the disease with continuing research efforts (the cure),
public education, advocacy and alliances with Health Professionals and Community. We fully support
the Diabetes Education Centre at our local Hospital and even fund (totally) a summer camp experience
for children Willi diabetes.
The Canadian Diabetes Association believes that education is one of the primary tools our citizens need to
equip themselves with to achieve a healthy lifestyle while living with diabetes. To meet that challenge we
publish and make available a wealth of information , covering topics intended to assist the person to best
address their situation. We also assist the professional sector by funding research projects and working
collaboratively with them in developing health care strategies.
On Tuesday, November 1'c we will promoting awareness in Saint John and area through a "diabetes blitz
day'. Look for public information displays announcing this at local malls, pharmacies and even in the
workplace. Also this mortar look for canvassers to your front door and recognize the cause by making your
donation to this worthwhile cause. I have been a member of the CDA for over 25 years and I would say
that my success in combating the long term effects of this disease is directly challenging the disease and
using CDA resources to combat it. By empowering me to take control the CDA and our local Health
Service providers have allowed me to lead a productive ,healthy lifestyle. Lets recognize now important
education and self action can be as we strive to live with diabetes while we move toward the ultimate goal
of finding a cure.
Thank -you for your interest and continuing support.
F st President, New Brunswick Division
• d''ian Diabetes Association
Tbert Whipple�
Submission to
Saint John Common Council
From
Saint John Human Development Council
October 24, 2005
The Saint John Human Development Council ( "HDC "), the region's social planning
council, was formed in 1979. Its mission statement is "to coordinate and promote social
development in greater Saint John ". A 15 member Board of Directors oversees the
organization (see Schedule "A "), which has three full time staff: Randy Hatfield —
Executive Director; Anne Driscoll — Information Coordinator; and Dawn MacDougall —
Office Administrator. In September 2005 a contract position of Youth Cabinet
Coordinator was offered to Kathryn Asher. The HDC is located on the 3`d Floor of the
City Market Building.
The HDC is a strong promoter of inclusive communities — those that allow each and
every citizen to participate to the best of their abilities and to feel that they belong. Its
activities and services fall into four broad functions:
Community Information and Referral
The HDC operates the Community Information Centre (CIC) which hosts Atlantic
Canada's only online searchable database of community services. Since its launch last
year, the database has received more than 315,000 "hits ". Its reach extends from Sussex
to St. Stephen, a population of nearly 200,000. Bilingual software is now available and
we are exploring the feasibility of using a bilingual format. A list of `hits' canvassing
City services is listed in Schedule "B"
The Community Services Database is an online guide to health, social, government, and
community services in Charlotte, Kings and St. John counties. Detailed program
information, contact details, eligibility requirements, application processes, links to
online directions, languages served, and more, is available on the database. Programs and
services can be searched by subject, alphabetically, by organization name, community or
by browsing. The Community Services Database is updated regularly; information is
accurate and current.
THE CIC serves a broad population — professionals, business, seniors, youth, children,
and government departments. Anyone who needs to know where to find services in the
region turns to the Human Development Council's Community Information Centre (see
Schedule "C" for testimonials).
The Human Services Directory, now in its 9th printing, is "the" guide to community
services in our region. Hundreds of community agencies and programs are listed in an
easy -to -read format with contact information and descriptions of services. The directory
includes both an alphabetical and subject index.
Updated editions of the Guide to Seniors' Services, Youth at Risk Guide, and Holiday
Sharing Guide are in the works.
Research
A growing role of the HDC is conducting local research. We are one of five social
planning councils across the country in Inclusive Cities Canada, a three year project
funded by Social Development Canada with the aim of strengthening the capacity of
cities to create and sustain inclusive cities for the mutual benefit of all people. Our
publication, Community Voices, Perspectives and Priorities, is a comprehensive
examination of the state of social inclusion in greater Saint John.
The HDC is a community partner in UNBSJ's five -year Community University Research
Alliance (CUBA) project, with a mandate to develop and report social indicators. We
were a principal collaborator in Poverty and Plenty: A Statistical Snapshot of the Quality
of Life in Greater Saint John. The HDC co- chairs the research and evaluation committee
of Vibrant Communities Saint John.
Recent HDC publications include a survey and analysis of the voluntary /non profit sector
in the region, a tenant's handbook, a handbook on affordable housing, and a feasibility
study on the creation of a youth cabinet for Saint John.
Coordination
In keeping with our mission statement, the HDC plays a coordinating role in numerous
community initiatives. For example, we:
• Chair the City's Homelessness Committee
• Chair the United Way campaign for nonprofit/voluntary agencies in the area
• Co -chair the Urban Core Support Network
• Serve on the Leadership Round Table of Vibrant Communities Saint John
• Represent Saint John on the provincial network of the Canadian Volunteer
Initiative
• Serve on the steering committee of the Resource Centre for Youth
• Serve on the provincial Community Inclusion Advisory Committee of the New
Brunswick Association for Community Living
• Served on the Evaluation Committee of the Community Health Centre
The HDC has a solid track record of creating organizations to meet needs in the
community. The following is a sample of local nonprofit corporations we have initiated,
together with a statement from their current executive director:
A. Saint John Learning Exchange
"The Saint John Learning Exchange, a non - profit literacy education organization
was born off the Human Development Council as a pilot project in 1983.
Because of the Human Development Council and its vision, the Learning
Exchange has assisted thousands of people in our community to increase their
literacy skills and enhance their quality of life. This in turn builds stronger and
healthier communities thereby benefiting all of our citizens ".
Brenda Wright, Executive Director
B. Housing Alternatives
"What does the HDC mean to Housing Alternatives? It means so many
things ... HDC was, of course, instrumental in Housing Alternatives' birth and has
continued to be such a significant support and resource over the years. HDC
continues to incubate initiatives second to none and Saint John is truly fortunate
to have a social planning agency of such high caliber ". Kit Hickey, Executive Director
C. Saint John Community Loan Fund
"The Saint John Community Loan Fund began as a project of the Human
Development Council with the goal of providing credit to people who needed it.
Credit to help people create income, build assets, and become more self - reliant.
Over 100 loans have been delivered since beginning in 1999. Last year,
borrowers generated over $600,000 in income and saved the provincial
government over $160,000 by reducing or ending their reliance on provincial
income assistance. The Saint John Community Loan Fund considers the Human
Development Council its most important community partner. We share office
space and meet together on a regular basis to identify opportunities to reduce
poverty in Saint John." Seth Asimakos, Manager
The recent Saint John Immigration Strategy identified the HDC as a key player in its
five -year plan to attract and retain newcomers. The strategy recommended that the HDC
balance Enterprise Saint John's attraction focus, by coordinating the community's
social /cultural responses to a more diverse population. In singling out the HDC, the
report stated the following:
"The Saint John Human Development Council is recommended as the lead responsible
for social - cultural aspects of immigration because:
It's mandate is to coordinate and promote social development in Saint John
It has broad community and multi - stakeholder credibility and reputation in terms
of identifying community social needs and existing services, advising and
assisting in planning and developing new /improved services, initiating
opportunities for joint community-based action, coordinating and delivering
services appropriate to community needs and facilitating citizen access to
community programs /services.
It has extensive experience and involvement in community-based social inclusion
research."
Saint John Immigration Stratagem, September 2004
Each year the HDC presents the Community Service Certificate, which recognizes an
individual or individuals for their outstanding contribution to the welfare and
development of the greater Saint John area. A list of recent recipients is attached as
Schedule "D ".
NetworkinP
As the only social planning council in the Maritime Provinces, the HDC is often called on
to participate in national and regional discussions that relate to social policy. We are a
member of the Canadian Council on Social Development and the Canadian Community
Economic Development Network. In February we were invited to participate in a
roundtable on the Social Economy for the Atlantic region; earlier this month we
organized and hosted the first of 100 community conversations that will take place across
the country to discuss the appropriateness of a national awareness campaign for the
voluntary sector. Our Information Coordinator, the only Certified Information Referral
Specialist in Atlantic Canada, is a current board member of Inform Canada, the national
organization of public, nonprofit and government information and referral providers.
Anne Driscoll also serves on several national committees related to the information and
referral sector, including the "211" National Implementation Committee. The HDC has
helped put Saint John on the social development/policy map of the country.
In the last year we represented our community and made formal presentations to:
• The Maine Commission for Community Service, "Together by Design: Lessons
from Canada's Government- Volunteer Sector Initiative"
• Canadian Social Welfare Conference 2005
• Federation of Canadian Municipalities, Standing Committee on Social and
Economic Inclusion. September 2005
• CUExpo 2005 (Community University Research Alliance, Winnipeg)
• "A Social Planning Model for Fredericton ", St.Thomas University 2005
• Inclusive Cities Canada National Symposium (upcoming)
• Municipal Councils of Saint John, Quispamsis, Rothesay, Grand Bay - Westfield,
and St. Martins
• Regional meeting of the Community Foundations in Atlantic Canada
As well, the HDC has been cited in a number of electronic and print media stories. Our
Information Coordinator has just begun a weekly, online column with Community Lens
highlighting some of the nonprofit organizations in our community and the issues they
face.
11
Our Impact
The HDC is not a direct service provider in the sense that we don't feed the hungry or
shelter the homeless. Our impact is a little less obvious — but no less important. One way
of looking at our contribution would be to ask, "What would our community look like
without a social planning council ?" To begin, it would be harder to connect people to
services. People know where to go for help and answers thanks to our Community
Information Centre with its online database and print directories. Our newsletter,
NEXUS, has raised issues like immigration, lone parent families, our aging housing
stock, and the social economy. It informs readers about these issues.
Without the HDC we would not have research into the quality of life of our
communities. Our coordination of the nonprofit sector has led to the creation of
important organizations to address residents' needs. Without the HDC there wouldn't be
the Learning Exchange, Housing Alternatives, Community Loan Fund or Vibrant
Communities. Our region would not be part of national initiatives, like Inclusive Cities
Canada, which connects us to other large urban areas.
We're proud of the contribution we have made to greater Saint John's social
development over the last twenty-five years. We look forward to continuing our role as
informer, convener, and coordinator in the years ahead.
Schedule A
HUMAN DEVELOPMENT COUNCIL
BOARD OF DIRECTORS
October 13, 2005
NAME
BOARD POSITION
OCCUPATION
Mary Anne LeBlanc
President
Saint John Regional Hospital
Susan Davis
Past President
NBCC
Peter Buck
Treasurer
Cooke Aquaculture
Jan Lockett
Executive
UNB -Saint John - Nursing
Joanne Barry
Board
St. Joseph's Community Health
Centre
Robert MacKinnon
Board
UNB — Saint John
Cathy Patterson
Board
Options Outreach
Randy Pollock
Board
City of Saint John
Anne Rowe
Board
Aliant
Derek Jones
Board
Co- ordinator
Donald Snook
Board
Inner City Youth Ministry
Peter Asimakos
Board
Uptown Saint John
Leticia Adair
Board
Immigrant & Refugee Support
Marlene Abbott
Board
Abbott Richards Graphs Design
Trish Connolly
Board
Advanced Publishing Corporation
Statistics Search Results (CIC)
\I 11
SC. h e'(1 v 1 i http:// saintjohn .cioaca/admin/statsl.asp
Database Admin Area
Page Help
Statistics Search Results (CIC)
Quick Links: [ CIC Menu I Setup I Logout ]
[ Main Stats
Page I Total Record Use I Top 50 Records I Use By Agency ]
Record #
Organization Name(s)
Usage
HDC0739
SAINT JOHN.
CITY OF,
Leisure Services
1280
HDC0745
SAINT JOHN.
CITY OF,
Leisure Services, Rockwood Park
1168
HDC0376
SAINT JOHN.
CITY OF,
Saint John Non Profit Housing Inc
631
HDC0058
SAINT JOHN.
CITY OF,
Leisure Services, Lord Beaverbrook Arena
563
HDC0501
SAINT JOHN.
CITY OF,
Mayor and Council
512
HDC0599
SAINT JOHN.
CITY OF,
Saint John Police Force
487
HDC0054
SAINT JOHN.
CITY OF,
Leisure Services, Hilton Belyea Arena
410
HDC0055
SAINT JOHN.
CITY OF,
Leisure Services, Charles Gorman Arena
396
HDC0310
SAINT JOHN.
CITY OF,
Leisure Services, Community Centres
377
HDC0056
SAINT JOHN.
CITY OF,
Leisure Services, Stewart Hurley Arena
359
SAINT JOHN.
CITY OF,
Municipal Operations & Engineering, Public Works Services /
356
HDC0615
Water and Sewerage Services
HDC0057
SAINT JOHN.
CITY OF,
Leisure Services, Peter G Murray Arena
342
HDC0914
SAINT JOHN.
CITY OF,
Leisure Services, West Side Playgrounds
305
HDCO231
SAINT JOHN.
CITY OF,
Saint John Police Force, Neighbourhood Watch
301
HDC0601
SAINT JOHN.
CITY OF,
Saint John Fire Department
294
HDC0910
SAINT JOHN.
CITY OF,
Leisure Services, North End Playgrounds
276
HDC0611
SAINT JOHN.
CITY OF,
Parking Commission
259
HDC0759
SAINT JOHN.
CITY OF,
Cultural Affairs Office, Cyber Events Calendar
257
HDC0912
SAINT JOHN.
CITY OF,
Leisure Services, East Side Playgrounds
242
HDC0610
SAINT JOHN.
CITY OF,
Saint John Police Force, Forensic Identification Unit
232
HDC0587
SAINT JOHN.
CITY OF,
Saint John Fire Department, Fire Prevention Services
231
HDC0612
SAINT JOHN.
CITY OF,
Saint John Police Force, Major Crime Unit
228
HDC0607
SAINT JOHN.
CITY OF,
Saint John Police Force, Neighbourhood Police Centre - West
221
HDC0602
SAINT JOHN.
CITY OF,
Saint John Police Force, Alternative Response Unit
220
HDC0604
SAINT JOHN.
CITY OF,
Saint John Police Force, Neighbourhood Police Centre - East
218
SAINT JOHN.
CITY OF,
Saint John Police Force, Neighbourhood Police Centre - South
212
HDC0606
Central
SAINT JOHN.
CITY OF,
Parking Commission, Alternate Side Parking South/Central
210
HDC0562
Peninsula
1 of 2 10/20/2005 9:09 AM
Statistics Search Results (CIC)
2of2
http://saintjohn.cioc.ca/admin/stats1.asp
HDC0609
SAINT JOHN.
CITY OF,
Saint John Police Force, Property Control/Lost & Found
HDC0608
SAINT JOHN.
CITY OF,
Saint John Police Force, Fraud Unit
HDC0605
SAINT JOHN.
CITY OF,
Saint John Police Force, Neighbourhood Police Centre - North
SAINT JOHN.
CITY OF,
Municipal Operations & Engineering, Customer Service Desk,
HDC0613
Market Square
Evacuation Information
HDC0911
SAINT JOHN.
CITY OF,
Leisure Services, South End Playgrounds
HDC0603
SAINT JOHN.
CITY OF,
City Manager
HDC0585
SAINT JOHN.
CITY OF,
Cashier's Office
SAINT JOHN.
CITY OF,
Municipal Operations & Engineering, Public Works Services /
HDC0469
Water and Sewerage Services, Household Spring Cleanup White Goods Drop Off 2005
HDC 1140
SAINT JOHN.
CITY OF,
Saint John Police Force, Victim Services Unit
SAINT JOHN.
CITY OF,
Municipal Operations & Engineering, Public Works Services /
HDC0326
Water and Sewerage Services, Christmas Tree Drop Off
HDC0454
SAINT JOHN.
CITY OF,
Planning and Development
HDC1214
SAINT JOHN.
CITY OF,
Parking Commission, Share Your Ride
HDC0452
SAINT JOHN.
CITY OF,
Public Safety Communications Centre
HDC0439
SAINT JOHN.
CITY OF,
Buildings and Inspection Services
HDC1264
SAINT JOHN.
CITY OF,
Leisure Services, Saint John City Market
205
196
181
175
168
163
131
127
120
118
73
61
42
41
3
Total 12391
This database runs on C10C SoJ7warc
10/20/2005 9:09 AM
Schedule "C"
"Thanks to the Human Development Council for having the foresight to organize and
coordinate this service. It is wonderful to have a service that houses community
information that citizens can access day or night. We are thankful to HDC for this
opportunity."
Sherry LaPointe -Bony Executive Director
Canadian Mental Health Association
Saint John Branch Inc.
"Last year I began to notice a different "look" to my Internet search results for
community services in Greater Saint John. This year I decided to volunteer my weekday
mornings and was offered an assignment at the Human Development Council. It was a
good fit from the beginning - now I help maintain 1,100 -plus records in the Community
Services Database. It's great to be a volunteer member and part of such a vital human-
focused organization."
Joe Godin
Saint John NB
"Your e -mail address was given to me from Community Information in Kingston,
Ontario. I live in Kingston but my parents live in Fredericton. They are on Old Age
Pensions. My mother has Parkinson and has recently become incontinent. I am trying to
find out if there is any financial support for the supplies she needs."
L.O. Kingston ON
"One of our most frequently used resources at the library is the Human Services
Directory. I was quite excited to hear that a new edition would soon be available. As I
mentioned, this is one of the resources that we keep at our Reference Desk because staff
frequently consult it. Thanks for doing such a great job with this publication!"
Diane Buhay, Head of Reference Services
Saint John Free Public Library
"I would like to thank you very much for the link (Community Services Database) you
sent me yesterday. It's just great. We have 6 EFAP Resource Agents here at Point
Lepreau and probably up to 30 or so province -wide. We are all volunteers. We are
always sending info back and forth so everyone has the info we need to effectively
support our program. I will send this along to all the Resource Agents in our area. Again
thank you very much."
Eldon Smith, N.B.Power
"Thanks for the Holiday Sharing Guide. It looks really great! I think it will come in
handy to many people. I have often wanted to do more at Christmas but didn't know
where to start."
R.E. Quispamsis, NB
"Please update the links on your website (Database) to our club. This is very important
to us since your webpage about our club is one of the first pages that comes up when you
"Google" our club."
R.K. Saint John, NB
The Human Services Directory is an indispensable tool in our office. All of our
professionals use it daily to keep abreast of the many services in the community.
Muriel Jarvis, Executive Director, Family Plus/Life Solutions
Schedule "D"
Recent recipients of the Community Services Certificate are:
Gary Sullivan and ONE Change, 2005, for mobilizing the local community in North
End Saint John
Bill Gale, 2004, Business Community Anti - Poverty Initiative
Leticia Adair, 2003, Immigrant and Refugee Support Centre
Bill Bastarache, 2002, for his work with individuals in trouble with the law
Lloyd Betts, 2001, for his work with citizen groups
Earle Pitt, 2000, Early Intervention and Kiwanis Club
Monica Chaperlin, 1999, for her leadership in community health
Sister Angie Martz, 1998, for her work with refugees, and the unemployed
Ed Mathurin, 1997, Saint John Learning Exchange
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www.saintjohn.ca
October 17, 2005
Mayor McFarlane;
Members of Common Council
City Of Saint John
Dear Mayor McFarlane and Councillors:
P.O. Box/C.P. 1971
Saint John, NB/N. -B,
Canada E2L 4L1
Subject: Enforcing Section 39 Conditions
Background:
y wvG t
a
The City of Saint John through it's Planning by -law has a mechanism in place to impose
restrictions and or controls on properties seeking changes to zoning. From time to time
zoning changes and property use may be granted by Council with specific restrictions and
or controls imposed by using the provision of Section 39. To cite but a few examples,
restrictions on parking, property use, improvements such as fencing, drainage, etc.
Analysis:
While many property owners are sincere and forthright when requesting zoning and
changes to property use and abide by all conditions including Sections 39, there are still
some who initially abide by the changes to have their request approved, however
continue to ignore implementing the conditions imposed. In recent months I have had a
number of citizens file complaints that property owners are operating businesses and not
conforming to the conditions imposed at the time permission was granted by Council.
These complaints have been also raised at town hall meetings and staff is well aware of
some of the situations. These complaints have also be conveyed to Council and referred
to the City Manager for action.
The fact of the matter is, that it appears there really isn't any teeth in the legislation that
provides the necessary tools to enforce compliance with those conditions imposed under
Section 39. It is totally unacceptable that certain property owners can ignore conditions
that have been impose, conditions that they agreed to upon seeking changes to zoning and
or property use. It is unfair to other property owners that have not objected to changes or
have been conciliatory to changes with the understanding that certain restrictions and or
controls under Section 39 have been imposed.
Mayor McFarlane;
Members of Common Council
October 17, 2005
Page 2
The entire matter of enforcing Sections 39's must be reviewed, changes must occur that
provide staff with the necessary authority to ensure that compliance is met. Perhaps one
solution is to have monies provided upfront to the City to ensure that all necessary work
is completed in a timely fashion. Another solution may be to have bonds provided to the
City should the use of a property change from that which was originally approved.
Resolution:
That this matter be referred to the City Manager to explore corrective action and that he
report back to Council in one month's time with a proposed course of action and
recommendation.
Respectfully submitted,
Glen Tait
Councillor
(Received via e-mail this date.)
1
REPORT TO COMMON COUNCIL
M & C 2005 - 280
City of Saint John
October 7, 2005
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council,
SUBJECT: Transportation Infrastructure in Rural Designated Areas
BACKGROUND
Citizens at two town hall style meetings, one in the "River Road" area and the other in the
Latimore Lake area, expressed that investment in transportation infrastructure in these areas
was not adequate. Specific concerns included lack of sidewalks and street lights, drainage
issues, right -of -ways overgrown with brush and inadequate signage, among others. Given
the "rural" nature of these areas, there was a general perception that the inadequacy of
investment was related to the areas' distance from the urban centre.
Subsequently, as a result of a letter submitted by Councilor Tait, Common Council resolved
in its June 7, 2005 meeting that staff:
1. Provide a teach -in on the rationale used to prioritize transportation infrastructure
work in the entire municipality, and
2. Take immediate steps to address some of the quick fixes that will address the safety
concerns expressed at the town hall meetings in the River Road and Latimore Lake
areas.
M & C 2005 -280
October 7, 2005
Page 2
ANALYSIS
PrioritizinE Transportation Infrastructure Investment
Staff regularly prioritizes investment needs that call upon resources — financial, labour,
equipment — that are limited. Needs are prioritized within one of three categories, depending
upon the nature of the issue and the scope of the work required. Work is prioritized in (i) the
capital program if reconstruction or major work is required, (ii) annual asphalt resurfacing if
pavement maintenance such as chip sealing, crack sealing or paving is required, or (iii)
routine maintenance completed primarily with in -house forces.
Transportation Capital Construction Program
The number of prioritized transportation capital projects that can be completed in a year is
limited essentially by two factors: (i) the level of funding and (ii) engineering staff resources
available to design and manage the projects.
Several criteria are used to prioritize capital investment needs. The condition of the
infrastructure, the need to coordinate work with Saint John Water plans, the need to improve
service levels, future development needs, shared funding opportunities, engineering study
recommendations, the number of users impacted, safety concerns, and Council's direction all
influence the prioritization of proposed capital projects.
Staff submits an annual list of prioritized transportation projects based on these criteria.
Council must balance the priority of these projects with other needs that also fall within the
scope of the City's General Fund (GF), such as facility construction /upgrading and major
equipment purchases.
An initiative was undertaken several years ago to upgrade substandard, so called "private"
roads in rural areas. The approach was to fund survey, design and property acquisition in one
budget year and fund construction in the next year. McLaughlin Road and McLeod Road on
the east side of the City are examples of a similar approach.
In 2004, six more streets were included in this program from the "River Road" area — By
Road #2; By Road # 3; By -Road #4; By Road # 5; Poplar Lane; and Olsen Road. Survey and
preliminary design has been carried out in 2004 -2005. The construction phase of these
projects, estimated to cost $200,000, was not approved for the 2005 capital program. A
decreased amount of $100,000 was included in the 2005 operating budget to reconstruct By
Road #5 and Poplar Lane. However, this work can not be undertaken without sufficient land
on which to properly construct the roadway and its various components.
Achieving objectives of multiple -year projects requires long -term commitment. Assurance in
the first budget year must be reinforced at deliberations in subsequent budget years.
M & C 2005 -280
October 7, 2005
Page 3
Annual Street Surface Maintenance Program
Needs that fall within the scope of annual asphalt maintenance are also prioritized. Factors
include coordination with other requirements (Saint John Water, other utilities, sidewalk/
curb reconstruction needs, and developments), the number of users impacted, opportunities
to extend the life of asphalt infrastructure, and the condition of that infrastructure.
The essential purpose of surface maintenance (crack sealing, chip sealing, micro paving,
asphalt overlay, and mill and overlay surface maintenance) is twofold: first, ensure the safety
of the driving public; and secondly, sustain the service life of the street infrastructure.
Optimizing service life means significantly lower costs for reconstruction — over the lifecycle
of the street.
Summer Maintenance Projects & Activities
In addition to Transportation /Storm Sewer Capital projects and the annual street surface
maintenance program, a variety of street and drainage maintenance projects and activities are
undertaken by in -house forces and equipment. Examples of this work include repairing the
asphalt and shoulders of roadways, clearing and repairing drainage structures, removing
beaver dams, replacing traffic signs, reapplying traffic markings, grading gravel roads,
installing and repairing guiderails, restoring Saint John Water utility cuts, sweeping streets,
and litter maintenance. This is where "quick fixes" to common issues identified in the town
hall meetings or through other avenues are addressed.
Factors used to prioritize this work include safety concerns, observed issues such as poor
drainage, coordination with Saint John Water excavations, coordination with capital and
annual surface maintenance programs, engineering input, and community needs. Needs that
are addressed through the summer maintenance program are particularly difficult to prioritize
given the diversity of factors that must be considered.
Investment in Rural Transportation Infrastructure
"Rural" transportation infrastructure investment needs are prioritized alongside requests in
urban areas. This section describes the investments that have been made in `rural' areas as
well as consequences that prioritization of work has on these areas of the city.
Rural Area Defined
In preparing this report, it was necessary to define the `rural' areas. For this purpose, the
boundary between urban and rural Saint John has been set primarily at the points where
water and wastewater services end — a rationale also used in the City's Municipal Plan
(Schedule 9 -A) to define urban and rural zones of the city. Exceptions for this report include
Ocean Westway and Rothesay Road; considered rural areas despite available City water
service. The exact boundaries used in preparing this report can be found in Figure 1
(attached).
M & C 2005 -280
October 7, 2005
Page 4
Historical Investments in Rural Transportation Infrastructure
Rural transportation infrastructure needs are being addressed via the capital program, the
surface maintenance program, and the summer maintenance program. Between 2000 and
2005, over $2.7 million (including contributions from other levels of government) was
approved in capital transportation projects in rural areas. Between 2000 and 2004, over $1.7
million was invested in surface maintenance activities in rural areas. These totals do not
include the completion of regular summer maintenance activities or winter maintenance
activities. Examples of the work undertaken in rural areas as well as approved budgets for the
past five years are included in tables attached to this report.
Impact of Prioritization on Rural Areas
The number of users that would be impacted by an investment is one factor commonly used
in the prioritization of work. The value of an investment is often measured by the number of
users who benefit from a service activity. As well, mitigating risks with a greater chance of
occurring than other risks is a sound part of a risk management strategy.
There are fewer infrastructure users per lane kilometer in rural areas than there are in the
more densely populated areas of the city. As a result, urban infrastructure needs are
sometimes given a higher priority than rural infrastructure work.
It should be noted, however, that distance from the city core does not always correspond to
lower risks. Traffic volumes and type, speed, and road conditions are also taken into
account; rural needs with higher risks are prioritized accordingly.
Addressing Ouick Fixes
Concerns identified as potential "quick fixes" at the town hall meetings are summarized in
Councilor Tait's letter and on the first page of this report. In addition to specific issues, there
were concerns about the general state of road surface conditions.
Concerns about signage, overgrown brush and surface drainage are good candidates for
"quick fix" solutions. Some of these have already been addressed as a routine maintenance
response to identified issues.
Other issues, such as the lack of sidewalks and poor roadway design, require work beyond
the scope of the summer maintenance program; these needs are considered in the capital
construction program. In fact, there is a listed capital project for sidewalk and storm sewer
installation on the Westfield Road from Curtis Street to the Co Op that would also address a
drainage issue that was raised at the town hall meeting. The project is and will be listed for
consideration in the 2006 capital program with a change in scope that extends the project
limits to Woodland Road.
M & C 2005 -280
October 7, 2005
Page 5
The issue of poorly maintained guiderail has been a concern of staff for some time. It is
staff's intention to use part of the additional money that was allocated for rural roads in the
2005 budget to address this need.
Moving Forward
Two projects in Saint John's Program of Excellence— Setting Service Level Standards and
Public Asset Sustainability — will have positive implications on service delivery, including the
management of rural transportation infrastructure. The first project will allow citizens to
clearly understand the service levels (such as roadway condition) they are to expect. The
Public Asset Sustainability project will allow the municipality to reach and sustain the
defined service levels in the most effective and efficient way. With service levels established
and sustainable practices identified, adequate funding to support the work required to reach
these goals can be determined.
CONCLUSIONS
There has been insufficient investment in transportation infrastructure over an extended
period of time. Along with the failure to renew infrastructure at the optimal point in its
lifecycle, resources available for maintenance activities have also not kept pace with system
needs. A "Catch -22" has developed; inadequate renewal and maintenance lead to further
deterioration of the infrastructure which in turn increases the demand for renewal and
maintenance activities. The City has been unable to address the demand for street services,
both in rural and urban areas of the city. As a result, priorities must be set among the various
competing demands — the great majority of which are legitimate.
This report has identified the factors used to prioritize needs that fall within the scope of the
capital construction program, the annual street surface maintenance program, and the
summer maintenance programs. Needs within urban and rural areas of the city are
prioritized according to these criteria.
The concerns expressed about transportation infrastructure in rural areas are not without
foundation. Investment is being made in these areas, but as the case for the entire system,
there has not been an adequate level of investment for a considerable number of years.
Many issues
identified
at town hall meetings that can be
resolved with "quick fixes" have
already been
addressed.
Staff will also execute the items
listed below:
• develop and action a guide rail replacement project December 1
• install warning and street signage at areas of concern November 1
• review identified drainage issues; identify others via residents November 1
• list projects for capital consideration; bring forward for 2006
• finalize design and initiate land acquisition for six rural roads November 1
• contact residents to confirm specific concerns November 1
M & C 2005 -280
October 7, 2005
Page 6
Successfully implemented projects from Saint John's Program of Excellence will have
significant impact on the management of rural transportation infrastructure and will allow the
public to understand the service levels they should expect. Fundamental questions that
Council will need to consider in this process include: should the same level of service be
provided to all transportation infrastructure or is the mandate to have different levels of
service? If the former is chosen, what level of service does Council wish to provide? Is
Council willing to invest the funding to bring all transportation up to that level of service
standard?
RECOMMENDATION
It is recommended that this report be received and filed.
Respectfully submitted,
Shayne Galbraith P. Eng
Director Public Works Services
J. M. Paul Groody, P. Eng.
Commissioner,
MunicipAl yerationis gi neering
Terrence L. Totten, F.C.A.
City Manager
M & C 2005 -280
October 7, 2005
Page 7
FIGURE 1
URBAN AND RURAL DESIGNATED AREAS
5 A
ri N f
y y \
F1 El
/f
n -
_.
0
O
O t
M & C 2005 -280
October 7, 2005
Page 8
TABLE 1
TRANSPORTATION INFRASTRUCTURE PROGRAM
APPROVED ANNUAL BUDGETS*
Year
Capital
Construction
Program **
Surface
Maintenance
Programs * **
Summer
Maintenance
Programs
Street
Cleaning &
Litter
Traffic
Signals
Signs &
Markings
2000
$4,316,000
$6479802
$4,6569841
$573,315
$609,187
2001
$4,232,000
$768,173
$59142,976
$611,266
$6789878
2002
$69095,000
$1,0299962
$455625802
$633,065
$669,154
2003
$59909,110
$1,083,276
$5,026,452
$942,038
$626,841
2004
$9,115,000
$1,1991280
$3,6125085
$1,1701553
$8629248
2005
$99570,000
* * **
$1,335,000
$497619667
$1,309,311
$937,617
TOTAL
$39,237,110
$49728,493
$29,0975823
$59239,548
$49383,925
* totals for entire (rural and urban) transportation network
** includes funding from other levels of government
* ** final costs (not approved budget) for this column only except 2005
* * ** final costs for 2005 not available — budgeted amount for this work
M & C 2005 -280
October 7, 2005
Page 9
TABLE 2
2005 SURFACE MAINTENANCE PROGRAMS
Street
From
To
Asphalt Resurfacin
*Asied Street
Gibbon Avenue
Maureen Avenue
Boars Head Road
McIntosh Street
Cambridge Drive
Charles Street East
Loch Lomond Road
Lakewood Avenue
Charlotte Street
Union Street
King S uareSouth
*Churchland Road
Seam at Civic 4105
Seam at Civic #273
Daila Court
Greenhead Road
End
*Eldersley Avenue
Loch Lomond Road
Pipeline Road East
Hemam Court
Daila Court
End
*Lorneville Road
Luna Lane
Civic #1010
*Maureen Avenue
Asied Street
Greenwood Street
Myles Drive
Garnett Road
End
Roderick Road
Dever Road
Manchester Avenue
*Sproule Road
Loch Lomond Road
End
University Avenue
Sandy Point Road
Hospital Entrance
Westbrook Avenue
Myles Drive
End
Chi seal
*Anthony's Cove Road
Red Head Road
End
Glen Road
Glenview Drive
Dead End
*McLeod Road
Grandview Avenue
End
*Sand Cove Road
Sea Coast Lane
Beach
Expanded Stabilization
*Churchland Road
Civic #105
Civic #273
*Eldersley Avenue
Loch Lomond Road
Pipeline Road
*Lorneville Road
Luna Lane
Civic #1010
*Rural Area
M & C 2005 -280
October 7, 2005
Page 10
TABLE 2
2005 SURFACE MAINTENANCE PROGRAMS
Street
From
To
Crack Sealin
Bay Street
Civic #511
Gault Road
Bleury Street
Simms Street
Molson Avenue
Edith Avenue
Bayside Drive
Belmont Street
City Road
Ha arket Square
Garden Street
*Grandview Avenue
Heather Way
Civic #1557
Greenhead Road
Milford Road
Civic #434
*Karen Street
Maureen Avenue
Civic #161
*Umeville Road
Luna Lane
800m West
Metcalf Street
Main Street
Lansdowne Avenue
Old Black River Road
Grandview Avenue
Expansion Avenue
Union Street
Crown Street
Charlotte Street
University Avenue
Sandy Point Road
Regional Hospital Entrance
Sherbrooke Street
Bleury Street
Beni Lane
Millid e Avenue
Boars Head Road
Civic #314
Rothesay Avenue
Thorne Avenue
Railway Tracks
*Loch Lomond Road
Civic #2294
Gibbon Avenue
*Loch Lomond Road
Mallette Road
Civic #2745
*Loch Lomond Road
Civic #3396
PDH #111 Airport Arterial
Crown Street
Union Street
Paul Harris Street
Brinley Street
Waterloo Street
City Road
Dunlop Lane
Crown Street
Railway Tracks
* Rural Area
M & C 2005 -280
October 7, 2005
Page 11
TABLE3
SUMMER MAINTENANCE ACTIVITIES IN RURAL AREAS
(2005 EXAMPLES)
Street
Description of Work
West
Arthurs Road
Culvert work, pavement patching, ditching
By Road #2,3,4,5
Supply ands read gravel
By Road #7
Culvert work
Fox Hill Road
Supply ands read gravel
John Green Rdwy
Culvert work
Keating Road
Road shouldering
Lawrence Long Rd
Culvert work, ditching, pavement patching
Lorneville Road
Ditching, culvert work, dw aprons in prep for stabilization/ paving
Nature's Way
Culvert work, ditching, pavement patching, water rolls
New North Road
Supply and spread gravel two times per year; asphalt apron
Po le Avenue
Supply ands read gravel several times per year
Rideau Street
Culvert work, water rolls, pavement patching
Sullivan
Supply and spread gravel
Victoria Road
Culvert work
Westfield Road
Sidewalk patching, culverts, as halt patclung, road shouldering
East
Anthony's Cove Rd
Ditching, pulverization & grading; survey and design; prep for chi
Churchland Road
Ditching, cross culvert work
Eldersley Avenue
Ditching, culvert work
Hickey Road
Ditching
Hillcrest Road
Asphalt Patching
Loch Lomond Road
Cross culvert replaced
Kerr Road
Ditching
Morrison Road
Culvert work
Red Head Road
Culvert work; 48" cross culvert near #1790
North
Ashburn Lake Road
Beaver Dam Removal
REPORT TO COMMON COUNCIL
October
t/ October 6, 2005
The City of saint John
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Council:
SUBJECT: Town Hall Meetings
The primary purpose of this report is to provide Council with an update on the issues
that were raised during the first year of the Town Hall Meeting Initiative.
A secondary purpose is to identify some of the initiatives that flowed directly from
these meetings and finally to remind Council of those outstanding issues as it is about
to consider investments for the 2006 budget year.
First: The Town Hall Meetine Concerns:
Latimore Lake:
♦ Volume of truck traffic in the area
♦ Speed of vehicles
♦ Poor condition of Latimore Lake Road
♦ Lack of sidewalks and location
♦ Concerns regarding the cost of water testing
♦ The lack of Tarps on trucks
♦ Ongoing concerns related to gravel pit operations
♦ More investment required in Inspection Services
♦ Illegal dumping
♦ Limited recreational facilities
♦ Poor bus service
Brookville:
♦ Lack of acceptable green space, i.e. parks
♦ Condition of the road from Rothesay Avenue to Renforth (curbs, sidewalks)
♦ Truck traffic, volume and speed
♦ Condition of commercial properties
♦ Flooding at the intersection with Ashburn Lake Road
Report to Common Council
Subject: Town Hall Meetings
♦ Poor bus service
Crescent Valley:
♦ Crime and the need for police presence in the community
♦ Lack of greenspace, trees and the general appearance of the area
♦ Poor housing conditions
♦ Concerns over school reading programs
♦ Traffic volumes and speeds on Somerset Street
♦ Isolation of the entire area, i.e. cut off from others
South End:
m
♦ Crime and a need for police presence in the community
♦ Slum landlords and the City's inability to enforce bylaws
♦ Composting bins need to be more conveniently located
♦ A need for a different plan for waste collection because of multi -unit
housing and the lack of storage.
♦ Enforcement of the noise bylaw
♦ The decline in retail commercial activity in the uptown and south end
areas
♦ The need to recognize the owners of properties who make substantial
investments and improvements to their properties
♦ The lack of an appropriate skate board facility
♦ General littering and the lack of municipal waste cans
♦ Prince Charles School/Union Street cross walk
♦ Too many unimproved empty lots
Lower Westside:
♦ The lower Westside is being forgotten;
♦ The lack of a municipally supplied van service for children and seniors
♦ Lack of police presence in the community
♦ Waste collection for multi unit apartment buildings
♦ Substandard housing in the area and the City's inability to enforce its
bylaws
♦ The lack of a forward looking municipal plan for the area.
Red Head:
♦
The
lack
of a secondary access road to and from the area.
♦
The
lack
of recreation facilities
Report to Common Council Page 3
Subject: Town Hall Meetings
♦ General conditions of Red Head and Anthony's Cove Road
♦ Coastline erosion
♦ Lack of summer recreational programs
♦ Lack of sidewalks
♦ Concern this area is being forgotten
Old North End:
♦ Crime and the need for Police presence in the neighbourhood
♦ Lack of business start ups in the area
♦ The need for organized summer recreational programs.
♦ Poor housing stock, slum landlords, and the City's inability to enforce
bylaws
♦ General condition of the streets, sidewalks and street lights
♦ Lack of any development at Indian Town
♦ Concern that this area is being forgotten
South Bay /Ketepec/Morna:
♦ The lack of a sidewalk on the main road
♦ The main road; blind knolls, sharp turns without proper signage and
guardrails
♦ Lack of brush cutting and clearing at many intersections
♦ Poor bus service
♦ Poor recreational facilities and summer programs
♦ Drainage problems between properties
♦ Concerns over the cost of water testing.
Fusion: A Focus on the Uptown
♦ Anxious to see Waterfront Development proceed
♦ Making Uptown more livable
♦ Inability to enforce a number of by -laws
♦ Waste collection in the uptown area
♦ Ensuring the Uptown is a safe place to live
♦ Substandard housing
♦ Additional support for the Arts
Report to Common Council
Subject: Town Hall Meetings
Observations:
MOM
It is particularly interesting to note that while other organized stakeholders in the
community express concerns related to the existence or non existence of strategic
plans, visions, development strategies and the community's brand recognition,
individual residents are much more concerned with what staff refer to as "door
step services ". hi other words, as the individual resident walks out his front door
he or she wants to;
♦ See a police officer
♦ Step on a sidewalk
♦ Have quiet enjoyment of a "clean" and "green" neighbourhood
♦ Watch their children actively engaged in recreational programs
♦ Be assured that their investment is safeguarded from the activities next
door
♦ Have municipal government acknowledge their neighbourhood
Second, the actions that have been taken:
Staff believes it important to remind both Council and citizens of the various
neighbourhoods that indeed certain steps have been taken to address some of the
concerns. Admittedly, not every issue has been resolved; however, there is concrete
evidence indicating that individual citizens have been heard and that the Town Hall
Meetings have proved to have a positive impact on service levels. Specifically,
Reinstatement of the Summer Playground Program
As a result of the Town Hall Meetings and the expressed concerns of
Councillor Ferguson, Common Council decided to provide an additional
$100,000 to Leisure Services for the purpose of reinstating the Summer
Playground Program. The City has received numerous letters of support
for this decision.
2. Improved Sidewalk Plowing Program
Common Council decided to invest an additional $100,000 in the
Sidewalk Plowing Program. Additional trackless units were acquired and
citizens should witness both an expanded and improved sidewalk plowing
program beginning this winter.
3. Improved By -law Enforcement:
Report to Common Council
Subject: Town Hall Meetings
M
Common Council agreed to invest an additional $100,000 in an effort to
improve bylaw enforcement targeted primarily at minimum standards. A
concerted effort by both the Building Inspector and the City Solicitor has
resulted in additional prosecutions but more importantly, increased
voluntary compliance by property owners when contacted by the City.
Common Council also appointed a committee, chaired by Deputy Mayor
Hooton, to review the relevance and enforcement of a wide array of other
bylaws. Although initially brought forward in relation to concerns on the
South End Peninsula, improvements being pursued will be applicable to
the entire city. The Committee has met on numerous occasions, sought
expertise advice from other communities and established improved
contacts with the Provincial Department of Justice. A full update of the
work being done by this committee was provided last meeting.
4. Roads in Rural Neighbourhood
Increased attention has also been given to roads in some of the more rural
neighbourhoods. On this evening's agenda, there is a report dealing with
the challenges the municipality faces in this regard. Although progress
has been made, it continues to be slow. Property ownership and access
will continue to impede progress in some of these areas.
5. The Future of Waste Collection
The concerns expressed at the Town Hall meetings related to waste
collection simply added to the ongoing concerns of city staff. Ensuring
that the system is fair, efficient, effective and that it contributes to the
cleanliness of our community, is an ongoing process. Council will recall
that a very comprehensive report was tabled this past summer with clear
undertaking that staff will continue to review public education and service
improvement programs with the objective of creating a service that
continues to improve.
6. Increasing Police Pressure
Staff cannot ignore the fact that the Commission did request Council to
consider providing additional funding to engage four more officers in each
of the next three years. Unfortunately, Council, because of other financial
commitments was unable to meet this request. Having said this, the
request from the Commission along with the various town hall meetings
has increased the level of sensitivity to the need.
Report to Common Council
Subject: Town Hall Meetings
Staff would also note that there has been a deliberate effort made to
improve the cooperative working relationship between Police Officers and
Community Development Officers in all areas of the City. Perhaps
nowhere is this more apparent than in the Old North End.
In this neightbourhood, community members, school teachers, police and
city staff, with assistance from both the provincial government and private
sectors have achieved some significant successes. Community pride is
increasing, calls for Police assistance diminishing and a new sense of
optimism is being created. All of this will culminate with a new
community police station opening soon and a five day workshop focusing
on this neighbourhood to be held this fall.
Finally, the Police Chief has indicated that whenever possible, attempts
have been made to increase traffic enforcement in those areas of our
community where the issues have been raise. Staff has been provided
information regarding additional radar checks, meetings with trucking
companies and additional police presence in some neighbourhoods.
Conclusion:
The Town Hall Initiative has proven to be extremely valuable in allowing
Council and staff to hear first hand the concerns of residents in various
neighbourhoods. The challenge for all of us is to be responsive to the
concerns of individuals while at the same time never losing sight of the
much broader strategies that will move the entire community forward.
Finding the appropriate balance is the challenge for all local governments.
RECOMMENDATION:
That this report be received and filed.
Terrence L. Totten, FCA
CITY MANAGER
REPORT TO COMMON COUNCIL
October 14, 2005
Report to Common Council
The City of Saint John
His Worship Mayor Norm McFarlane
And Common Council
Your Worship and Members of Council:
Council will recall that on February 14, 2005, a report was received from Council's
Governance System Citizens' Committee. Upon completion of the presentation, the
following motion was adopted.
"Resolved that the Governance System Citizens' Committee report be referred to
the City Manager to gather more information on possible scenarios for the
distribution of a mixed system given the particular geography of the City, to assist
in future debate on governance systems. "
Attached, please find a discussion paper that attempts to shed additional light on this
subject. In the end the following conclusion is reached;
There is no conclusive evidence in the literature to indicate that the advantages of
adopting an at- large, by ward or mixed system of elections will be realized in
every application. There is no conclusive evidence in the literature to indicate
that the disadvantages of adopting an at- large, by ward or mixed system of
elections will be experienced. There will be advantages and disadvantages to
each system. It is not so easy to separate the impact of the system of election from
the endless other influences on municipal affairs and community representation.
Having said this, staff has presented two options for Council to consider. While one
could contemplate other variations, at this point in the debate, the focus should remain on
the broader issue of "an at large system" vs "a mixed ward system" as opposed to where
ward bounfiaries might b "reated.
Terrence L. Totten,
CITY MANAGER
enc
CITY OF SAINT JOHN
SYSTEMS FOR ELECTION TO COMMON COUNCIL
On a number of occasions, the City of Saint John has examined
nt John systems for electing members to Common Council. Most recently,
Common Council formed a citizens' committee to seek public
opinion on the advantages and disadvantages of the current at -large
system of municipal elections, and advantages and disadvantages of
switching to a ward system or implementing a combination of the two.
City government is local government. It is expected to be very responsive
to local views and concerns. How these views and concerns are
expressed to city government, and then turned into services and policies
that reflect community interests, is at the heart of the debate about
election systems and methods.' It is as much about the systems for
connecting with and responding to community, as it is about systems for
electing representatives to Common Council.
Common Council's 2004 Governance System Citizens Committee consisted
of five members, with support from City Staff. The Committee held eleven
community meetings (approximately 400 participants) throughout September
and October, and presented a final report December 2004. The Committee
observed that "the general feeling expressed by participants was that
some areas of the City are over represented while others may be under
represented." Per capita representation (where the number of voters
represented by each councillor are roughly equal), responsiveness,
accountability and communities of interest were the systems -of- election
themes the committee heard most often. To some extent, these themes
may be mutually exclusive; for example, a small council size appropriate for
issues of responsiveness and accountability (Winnipeg's early experience
with a large council was not productive) may complicate per capita
representation and communities of interest.
When asked if they prefer an at- large, ward or mixed system of election,
9% of the community- meeting participants that responded favoured at-
large, 34% favoured a simple ward system, and 57% favoured a mixed
system (at -large and ward.) Respondents were generally divided on the
number of wards that would be appropriate; although 60% of those in
favour of a mixed system preferred four wards (North, South, East and
West.) More than 70% of respondents believe that the current number of
councillors (council size) is appropriate or could be increased.
r,]ae I
In their Final Report, the Citizens' Committee recommended to Common
Council that:
the total number of councillors remain at ten with the Mayor elected at- large;
Council adopts a mixed system, whereby more councillors would be
elected by ward than at- large;
ward boundaries be established based upon the natural boundaries of
the City reflecting population size;
Council establishes without delay another committee to determine the
distribution of a mixed system; and
• that no further referendum be held to address this issue.
There are generally three systems for electing representatives to Common
Council: at large; by ward; or a mixed system combining selection by
ward and at large.
At- large: All eligible voters in the City of Saint John choose who they want
on Common Council, from the entire list of candidates running for office.
The top ten vote - getters are elected to the ten seats available on
Council. Elected Councillors represent the entire City in Council.
Wards: The City is divided into smaller voting areas or wards, Voters then
vote only for those candidates who are running for office in the ward in
which the voter lives. Elected Councillors each represent that particular
ward in Council. Ward options include one councillor for each ward - or
fewer wards with two or more councillors in each.
Mixed Ward /At- large: The City is divided into a limited number of smaller
voting areas or wards, which are represented by Councillors elected from
those wards - and a designated number of Councillors are also elected
from a list of at -large candidates to represent the entire City. The mixed
system is used in many cities throughout the US, and while it is not found in
major cities in Canada, it is used in nine communities in New Brunswick.
In a system of election based on wards alone, the number of wards is
limited by the number of members on Common Council and the number
of councillors per ward. Excluding the three cities with exceptionally large
councils (Montreal, Toronto and Quebec) the average council size for
most cities in Canada is ten members.2 In New Brunswick, smaller towns
and villages may have as few as three or four councillors. In any case, the
number of voters per ward in Saint John will clearly be much less than the
20- 30,000 that is typical of medium and large cities across Canada. Ward
boundaries are generally established to account for neighbourhoods,
Fa•3c 2
history, geographic factors (transportation; natural boundaries), and
population trends. There is also a tendency to try and balance the
number of voters between wards. Ward boundaries have not been
defined as part of previous exercises to examine systems for electing
members to Common Council.
While not directly related to systems of election, Common Council is also
aware that there are many interests not defined by Ip ace, These are
'communities of interest', and are independent of geography. People often
live in one location, work in another, and participate in recreation, worship
services or volunteer activities in yet another location. A group of residents
with an interest in a soccer complex - for example - are likely to live
throughout the City. These communities of interest require ongoing processes
of consultation - outside the system of election - if they are to be heard.
Both the ward and at -large systems of election are said to have
advantages and disadvantages.3 In many cases, it is not so easy to
separate the impact of the system of election from the endless other
influences on municipal affairs. In either system, the mayor is typically
elected at -large and independently from the rest of Council.
Wards:
- voters are more familiar with the candidates;
- candidates are more aware of the needs of their constituents,
- ward- specific issues are emphasized,
- all areas of the City are represented on Common Council;
- wards will likely be larger than the neighbourhood -sized units
favoured by residents;
- lower campaign costs, so candidates are not limited by resources;
- voter turn -out tends to be greater;
- spending, debt and taxes tend to be higheO4
- ward elections produce a shorter ballot;
- increased accountability - constituents know 'their' councillor;
- emphasizes a more parochial focus, at the expense of City -wide issues.
At- Large:
- fosters a City -wide and long- term /future view of issues,
- unifies City around common purpose and priorities;
- Councillors have support throughout the City,
- system is administratively simple, and easy for voters to understand;
- may under - represent minorities or socio- economic categories;
- Council acts and is accountable as a group;
- Voter ballot may be extremely long (50 candidates in 2004 election);
pcjG -
may not be as responsive to neighbourhood interests;
Councillors may be elected by less than a majority of voters (less
than 50 %.)
Mixed At -Large and by Ward:
- may provide the advantages of both systems;
may create the disadvantages of both systems;
tends to create two 'tiers' of councillors; at -large councillors often
claim a greater 'voice' in the community.
The size, population and nature of the City of Saint John changed in 1967
when the then City of Saint John was amalgamated with the City of
Lancaster and the Parish of Simonds. As Canada's oldest city, Saint John
has a long history of municipal elections; however for more than thirty
years prior to amalgamation in 1967, the City was not divided into wards.
Following the 1967 amalgamation, the city was divided into three wards:
Carleton- Lancaster, Parrtown- Portland, and Simonds. Three councillors
were elected from Carleton- Lancaster, six councillors from Parrtown-
Portland, and three councillors from Simonds - for a total of twelve
councillors from wards. The mayor was elected at- large. Reports indicate
that election by ward and the larger size Council were accepted at the
time to "ease the impact of imposed amalgamation."
Intending to improve the electoral system, the first amalgamated Council
recommended a reduction of Council members to eight, although the
recommendation was not acted upon at the time. In 1976, Common
Council established a citizens' committee composed of former mayors to
report to "Common Council with a recommendation regarding the
number of members of Council ". The recommendation of the committee
was that Common Council should consist of eight councillors and a mayor
all elected at large, The recommendation was implemented in 1979
based on ten councillors and the mayor elected at large. The committee
made a number of observations which formed the basis for their
recommendation; these apply equally well today:
• "The objective of Council should be to establish policy with respect to City
matters and ensure that the administration of such policy is conducted in
an effective and efficient manner.
• It is a desirable objective to create a Council which will facilitate persons
offering for public service without undue hardship to their livelihood.
• The efficiency of Council is to a degree reflected in the size. The history of
the City has been the larger the Council the greater the tendency to work
through Council Committees and the greater the use of Council
Page 4
committees the greater the danger of Council dealing with administration
and not policy.
• We believe in the basic concept of the Council/ manager system. On this
basis the Council should be that size which will have the best chance of
implementing the concept. At the some time we feel that there should be
reasonable opportunity to interested citizens to give service.
• The smaller the Council the greater the tendency to fulfill more of Council
duties by Council session in public."
During the most recent municipal elections (2004) 94 of the 103 villages,
towns and cities in New Brunswick used an 'at large' system of electing
councillors, nine used a combined ward and at large system, and six used
a ward system. The City of Fredericton and the City of Edmundston use a
ward system. Miramichi, Dieppe, Riverview and the City of Moncton use a
combined ward and at large system. The Cities of Saint John, Bathurst and
Campbellton use an at large systems
Voter turnout is often cited as an indication of the health of our
democracy, and as an indication of satisfaction with the political process.
Voter turnout is calculated as a percentage of electors on the voters list
who marked a ballot during an election. Declining voter turnout is seen by
some as a part of a 'Democratic deficit'. In a representative democracy,
people elect their representatives and delegate to them decision- making
powers. The higher the voter turnout, the more legitimacy the government
and representatives have because they received a mandate from a
larger part of the population.6 One generally accepted standard for
adequate voter turnout is 50 %.7
Canadian experience indicates that voter turnout is greater in small
communities, is greater in cities with a ward system of election, and in
elections with notable issues. Surprisingly however, voter turnout in Saint
John (52 %) is consistently greater than Fredericton (31 1yo) ...which is a
smaller city with a ward system of election.8 In a study of municipal issues
and accountability, Saint John ranked third of eleven Canadian cities
surveyed, in terms of voter turnout.9 In contrast, Victoria - a city of
comparable size and with an at -large system of election - had the lowest
voter turnout, at 31 %.
The rules for counting votes and determining the winning candidate may
determine how well a system of election represents the community. The
current approach is known as a plurality system or 'first past the post'. The
candidate with the most votes wins. This may not necessarily be a majority
of all voters or all votes (e.g.; not 50% of the vote.) Analysis from a 2000
staff report to Common Council indicates that - for the period from 1967
to 1997 - all areas of the City tended to be fairly represented on a per
capita basis population.
The alternative is a system that provides for proportional representation.
The main feature of proportional representation is that seats are won in
proportion to votes cast. If a political party receives 30% of all votes, it wins
30% of the seats. This can work well in federal or state elections, or in
municipal elections where they are political parties (such as COPE and
NPA in Vancouver.) Saint John does not have municipal political parties. A
version of proportional representation, called 'single transferable vote'
(STV) can be applied to municipal at -large or ward elections (two or more
councillors per ward) without political parties. Under STV, voters in multi -
councillor wards (or elected councillors at- large) rank all candidates in
order of preference. Candidates that reach a required threshold are
declared elected. Candidates receiving the least votes are eliminated.
Second and subsequent votes on each ballot are then applied to the
remaining candidates to identify the next one to satisfy the threshold and
be elected. The calculation process is repeated until all councillor
positions are filled. While there is historical experience with the single
transferable vote form of proportional representation, there presently are
no Canadian governmental bodies elected by STV. Cambridge MA is the
only US city that currently uses single transferable vote.
There is no conclusive evidence in the literature to indicate that the
advantages of adopting an at- large, by ward or mixed system of
elections will be realized in every application. There is no conclusive
evidence in the literature to indicate that the disadvantages of adopting
an at- large, by ward or mixed system of elections will be experienced.
There will be advantages and disadvantages to each system. It is not so
easy to separate the impact of the system of election from the endless
other influences on municipal affairs and community representation,
A 1998 triennial election (Saint John area) plebiscite asked "Do you want
the City to be divided into four wards of approximately equal population
with two councillors to be elected by the voters of that ward, and two
councillors to be elected at large?" Approximately 54% of voters (10840
vs, 9195) indicated a preference for a system of election based on
wards.10 The Municipalities Act (section 68(5)) requires municipal council
to implement a proposal when 60% voting in a plebiscite do so in the
affirmative. The proposal was not implemented.
The 2004 Governance System Citizens' Committee recommended a
mixed system, with more councillors elected by ward than at- large.
For purposes
of simplicity and
clarity - consistent
with the earlier findings
indicated in
this document -
the following two
options for action are
presented for
consideration by
Common Council.
Both systems of election
have merit,
Either may be
successful ...largely dependent on the
communication and accountability
practices
that
support
the options.
Option #1 - Elections At- Large: This is the current practice of at -large
elections for ten councillors and a mayor. The option is supported by
continuing and enhancing the current measures to connect and
communicate with communities throughout the City (e.g., town hall
meetings), by continuing and enhancing measures to ensure excellence
in public service, and by continuing and enhancing measures for public
accountability in municipal programs and decision - making.
Option #2 - Mixed At -large and by Ward Elections: This consists of seven
councillors elected within wards - defined by an independent committee
appointed by Common Council and creating the ward boundaries based
on principles of per capita representation and communities of interest -
and three councillors and a mayor elected at- large. The wards generally
reflect the North, West, East and South divisions of the City; and consist of
two councillors elected in each of the North, West and East wards, and
one councillor elected in the South ward (consistent with the current
population distribution.) The option is supported by continuing and
enhancing the current measures to connect and communicate with
communities throughout the City (e,g„ town hall meetings), by continuing
and enhancing measures to ensure excellence in public service, and by
continuing and enhancing measures for public accountability in municipal
programs and decision - making.
'City of Vancouver. (1996). Election Systems and Municipal Government. Retrieved August 26, 2004
from http: // city. vancouver .bc.ca /ctyclerk/election systems /contents html
'Tennant, P. & West, J. (n.d.). How large should Vancouver be? Nanaimo, BC: Malaspina University -
College.
'Tindal, C.R., & Tindal, N. (1990). Local Government in Canada. Toronto, ON: McGraw -Hill Ryerson
4 Southwick, L. (1997). Local government spending and at -large versus district representation; do wards
work. Economics and Politics 9(2),173-203.
'Office of the Chief Electoral Officer. (2004). 2004 Positions by municipality. Retrieved August 26, 2004
from htip://www.jznb.ca/elections/04mun/04munirifo-e.asp
'New Brunswick Commission on Legislative Democracy. (n.d.). Facts on voter turnout. Retrieved August
26, 2004 from http: / /www.2nb.ca/0100 /Doc /fact3turnout -e.pddf
Smith, P.., & Stewart, K. (1998). Making local accountability work in British Columbia. Burnaby, BC:
Institute of Governance Studies, Simon Fraser University.
s Toronto Community Foundation. (2001). Municipal voter turnout. Vital signs 2001. Retrieved August 26,
2004frornhtq2://www.tefca/vital signs /vitalsigns2001 /18 leaming_l toronto voting_pdf
9 Anselmo, C., Irwin, J. & Leclair, S. (n.d.). Municipal council questionnaire survey (Student Research
Report No. 2). Sudbury, ON: Laurentian University, Centre for Local Government
0 Office of the Chief Electoral Officer. (n.d.). May 11, 1998 plebiscites. Retrieved October 13, 2005 from
http: / /www. mb.ca/elect ions /98mun /98munplebiscites -e.asp #saint %20j ohn
p„(1c� 8
REPORT TO COMMON COUNCIL
M & C — 2005 -316
20 October 2005
His Worship Norman McFarlane
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Sanitation Fleet Replacement Program
BACKGROUND:
0
In April of 2005, staff of the Materials and Fleet Management Division undertook a
review of the City's packer fleet with 2 considerations in mind, 1) Household Clean
Up Week and 2) Fleet needs should Council resolve to go forward with solid waste
collection.
The results of that review were presented to Municipal Operations in the form of a
report that contained a number of recommendations that addressed both the short-
term and possible long -term needs of the City.
In June 2005 Common Council, at open session, resolved to adopt the
recommendations contained in a staff report for the development of an "Integrated
Resource and Solid Waste Management Plan" founded on the principles of
sustainability and incorporating 19 considerations.
One of those considerations, item #10 addressed the need for; "An optimal fleet
compliment for the City's collection service, with an appropriate replacement policy
and funding established for equipment replacement."
The recommendations contained in the April 2005 report to Municipal Operations
address, in large part, the intent of consideration #10 of the adopted
recommendations of the June report and are summarized in this report for Council
consideration.
Page Two
ANALYSIS:
Fleet considerations concerning the equipment utilized by the Sanitation Division
of the Municipal Operations Department revolve around both short term and long
term requirements.
In the short term there are a number of aspects of the present fleet that will have a
bearing on the state of the fleet. Specifically they relate to;
1) the preventative maintenance and repair requirements of the fleet
2) equipment requirements necessary to deal with Household Clean-up program
3) motor vehicle inspection of vehicles 640 and 641
4) changes in motor vehicle legislation that affect vehicles 640 and 641
From a longer term perspective there is the question of the nature of solid waste
collection and composting on a go forward basis.
SHORT TERM REQUIREMENTS and RECOMMENDATIONS:
As indicated above, of immediate concern was the condition of vehicles 640 and 641.
Municipal Operations had indicated that in order to facilitate Household Clean up in
2005 and given the fact that the budget for this was set at $155,000.00, it was
necessary to undertake measures that would help to reduce the cost of providing this
service.
One possible approach to holding the line on cost was the employment of both rear
loading packers, ie vehicles 640 and 641, so as to reduce the need for additional staff
and equipment in the form of dump truck crews to handle some of the larger items.
The rear loading packers can handle these items as efficiently and in a more cost
effective manner than dump truck crews or the standard side load packer units.
In order to meet this requirement, it became necessary to under take emergency,
minimal repairs to vehicle 640 in order to pass Motor Vehicle Inspection. While
under normal circumstance this would not have been recommended, as more
extensive repairs were warranted, the need to save cost during Household Clean up
necessitated this action.
The reason that it would not normally be advisable to exercise this option is the fact
that vehicle 640 required Motor Vehicle Inspection. An estimate of the repairs
necessary not only to pass inspection but to keep this truck operational did not
warrant any investment, as there is no expectation of recovering this cost before we
are required to dispose of this vehicle. Given changes in the Motor Vehicle Act,
which become law on January 1, 2006, both 640 and 641, the rear loading packer
units, will no longer be street legal without major, costly modifications.
Page Three
ANALYSIS ....Cont'd;
Staff of Materials and Fleet Management undertook the task of finding a vehicle or
vehicles, with the proper specifications, in order to facilitate the removal of both 640
and possibly 641 from the fleet after Household Clean up. Vehicle 641 also requires
Motor Vehicle Inspection, and while minimal repairs can be undertaken in order to
pass inspection, it is assumed that since 640 & 641 are identical trucks, of the same
vintage, that the cost of more permanent repairs for 641 will also be too excessive to
warrant the expense given it's shortened life expectancy.
There were a couple of options available to the City that saw this short term need
addressed in greater fashion than originally envisioned. The City had available to it
the following equipment, from two different sources;
1) Saunders Equipment Ltd had available one only 2004 Freightliner cab and
chassis c/w with a 2004 Expert 2000, 33 yard side loading packer. This unit
was available for short term rentals and/or purchase after a 6 or 12 month
rental program.
2) AmTruck Ltd, of Aurora Ontario had available 2 only 2001 Freightliner cab
and chassis c/w 2002 Expert 2000, 24 yard side loading packers. Either one
or both of these units were available for short term rental and /or purchase
after a 6 or 12 month rental program.
In both cases a
significant
percentage,
of the rental fees paid can be applied to the
purchase costs,
should the
City wish to
exercise that option.
Staff of Materials and Fleet Management recommended 6 month rental agreements
with both Saunders Equipment Ltd and AmTrack Ltd for the vehicles offered.
The rationale for recommending the rental of all 3 trucks was that given the results of
the April review it was determined that there existed a possibility to save significant
maintenance costs on vehicles 644 and 645 as well. These are 1991 International cab
and chassis, side load packers which, according to maintenance records, have cost the
City in excess of $411,000.00 dollars to maintain over the past 5 years.
Page Four
ANALYSIS ... Cont ' d;
The 3 packers, 640, 644 and 645, being recommended for short term replacement
with the 3 rental units, are maintenance liabilities. Fleet Services maintenance records
reflect the following information;
Vehicle 640 — a 1988 Freightliner, rear load packer
•
Year 2000
$66,955.05
•
Year 2001
40,764.86
•
Year 2002
547264.56
•
Year 2003
49,573.61
•
Year 2004
96,458.43
•
5 year total
$3089016.51
•
Average
$61,603.30
Vehicle 644 — 1991 International side load packer
•
Year 2000
$33,916.00
•
Year 2001
59,047.20
•
Year 2002
36,996.33
•
Year 2003
437408.02
•
Year 2004
52,103.00
•
5 year total
$225,470.55
•
Average
$455094.11
Vehicle 645 — 1991 International side load packer
•
Year 2000
$30,732.70
•
Year 2001
349154.78
•
Year 2002
34,876.42
•
Year 2003
49,739.01
•
Year 2004
36,739.48
•
5 year total
$186,242.39
•
Average
$37,248.48
Vehicle 641, the remaining rear load packer, also has a high maintenance history and
while it should be replaced sooner than later, it is necessary for production purposes
to keep one rear load packer in the fleet. However 641 must be addressed before
December 31, 2005.
Page Five
ANALYSIS ... Cont'd;
RECOMMENDATIONS FOR LONG TERM SOLUTIONS:
Given the Council resolution, after staff's presentation of the June report, to remain
in the solid waste collection business, and to remain, for the foreseeable future, at the
status quo level of service, it will be necessary to update the City's packer fleet with
newer, more cost effective equipment. In recognition of this possibility, an amount of
$400,000.00 was set aside, by Council, in the 2005 Capital Budget for the acquisition
of 2 new packer units.
There are at present 7 packer units in the Sanitation fleet. Three of these, vehicles
640, 644 and 645 will have been temporarily replaced with rental units as a part of
the short term solutions recommendations. The fourth, 641 must be replaced by
December 31, 2005.
It is recommended by the Fleet Administration Section that since the City is to
remain in the solid waste disposal business, that the 3 packers acquired through rental
agreements with Saunders Equipment Ltd., and AmTruck Ltd., be purchased at the
quoted price, less the amount allowed as credit from the monthly rental payments.
In addition staff of Materials & Fleet Management have searched the market and
have found what is believed to be a viable solution to the 641 issue. AmTruck Ltd. is
presently renting, to an Ontario based private hauler, a 2004 Sterling cab and chassis
c/w a Leach model 2RIII 25 yard rear loading packer unit. AmTruck has offered to
sell this unit to the City of Saint John, upon its return to them in mid November, at a
cost of $128,250.00 plus tax. hr addition, Joe Johnson Equipment limited has made
an offer on a new 2005 Freightliner cab and chassis at a cost of $137,188.00,
however this is not available until next year. Saunders Equipment has nothing
available at this time.
Staff further recommends, given the situation with 641 and the need to have a rear
loading packer in the fleet, the acceptance of the offer made by AmTruck Ltd.
This action would see an immediate return on investment through a reduction of
maintenance and operating costs. Council approved the inclusion of $400,000.00, as
a contingency in the Capital budget for the purchase of 2 new replacement packers.
By renting 3 vehicles for 6 months and then purchasing them at a reduced cost, and
accepting the latest AmTruck offer, the City can afford to replace 4 trucks for slightly
more than the cost to purchase 2 new units.
Page Six
The following is a list of the existing fleet vehicles complete with vehicle numbers,
make and model of vehicle and a proposed replacement schedule.
PROPOSED REPLACEMENT SCHEDULE
CITY'S FLEET OF PACKER UNITS
VEHICLE # DESCRIPTION
REPLACEMENT
640(643)
1988
Freightliner
November 2005(Purchase of
rental unit /2004 Freightliner)
641
1988
Freightliner
December 2005(Purchase of
rental return unit /2004
Sterling rear loader)
644
1991
International
November 2005Purchase of
rental unit/2001 Freightliner)
645
1991
International
November 2005Purchase of
rental unit/2001 Freightliner)
651
1993
International
Spring 2006 Tender for new
or demo 30 yd side loader
648
1998
International
Spring 2008 Tender for new
or demo 30 yd side loader
644
2001
Freightliner
Spring 2010 Tender for new
or demo 30 yd side loader
645
2001
Freightliner
Spring 2011 Tender for new
or demo 30 yd side loader
647
2002
International
Spring 2012 Tender for new
or demo 30 yd side loader
643
2004
Freightliner
Spring 2014 Tender for new
or demo 30 yd side loader
641
2004
Sterling Rear Load
Spring 2015 Tender for new
or demo 30 yd rear loader
Page Seven
FINANCIAL IMPLICATIONS:
The following is a look at the financial implications as they relate to the long term
recommendations contained in this proposal.
Council has resolved to remain in the solid waste collection business. It is a
recognized fact that the present fleet of packer trucks is in need of replacement. Staff
has recognized this with their approach to the short term solutions, ie the immediate
short term replacement of the 3 most expensive units to maintain. As well Council
has recognized this need through the establishment of a contingency fund in the 2005
Capital Budget for the purchase of 2 new units.
It is recommended, given the above, that the City exercise its option under the terms
of the short term rental agreements, to purchase the 3 units covered. This would
address 3 /7ths of fleet replacement requirement with 1 new ( demo) and 2 used units.
The following is a cost break down for the exercising of this option with the 2
vendors involved;
SAUNDERS EQUIPMENT LTD. —1 (only) 2004 Freightliner cab & chassis c/w a
33 yard LaBrie Expert 2000 packer body and cart tipper. This vehicle had some
recognized deficiencies that have been addressed at no additional cost to the City. As
well transportation cost and the cost of the first motor vehicle inspection were born
by the dealer.
Quoted Cost
$
178,976.00
and chassis
Cart Tipper
yard packer bodies.
8,010.00
on the price
Negotiated Discount
2,900.00
Less 6 Month Rental Allowance
44,100.00
Net Purchase Price
$
139,986.00
Net Affect of Tax
4,799.84
Total Purchase Price
$
1445785.84
AMTRUCK LTD.
— 2 (only) 2001
Freightliner cab
and chassis
c/w 2002 Labrie 24
yard packer bodies.
There is still room to negotiate
on the price
of these units.
Quoted Cost(each) $965500.00
Less 6 Month Rental @90% 24,300.00
Net Purchase Price $725200.00
Net Affect of Tax 2,476.00
Total Purchase Price(each) $74,676.00* (times 2)
Page Eight
FINANCIAL IMPLICATIONS .... Cont'd;
The total cost to exercise the buy out options offered on both rental agreements will
be $294,137.84 including the net affect of tax, ie after the HST rebate is applied.
The cost to purchase a 25 yard rear loading, rental return packer from AmTruck Ltd.,
will be $128,250.00 plus tax. As previously stated, Council has identified
$400,000.00 in the capital budget to cover the cost to replace 2 packers. The resulting
balance of funds, after the purchase of the 3 rental units, $ 105,862.16 could be used
to purchase a replacement for vehicle 641. This would result in a short fall of
available Capital Budget funds in the amount of $22,388.00. There is however,
projected to be, as a result of some aggressive purchasing initiatives on the part of
Fleet Staff, a surplus of funds in the Fleet Reserve Fund that would normally be
carried forward to 2006. This surplus is sufficient, should Council accept the
recommendation of staff to purchase the 4"' truck, to cover the short fall.
In addition and in order to make the long term solutions, described in this report,
sustainable, there has to be a recognition that additional funding will be necessary. At
present Fleet Administration charges departments a user fee for each vehicle in its
fleet. Allocations, based on the age and life cycle analysis for each vehicle are
established so that a portion of the monthly charge is assigned to the Fleet
Replacement Fund and a portion goes to off set maintenance costs incurred by Fleet
Services.
In the case of the packer fleet, these vehicles, given the on going questions
concerning the future of solid waste collection in the City of Saint John, were not
included in the Fleet Replacement Program. The monthly usage charge therefore does
not contain a component for vehicle replacement as 100% has to be allocated to
maintenance.
Should Council accept the staff recommendations of this report the monthly usage
charge for sanitation packers would have to be increased by an amount sufficient to
cover the estimated maintenance costs and allow for a contribution to the
replacement program. Given that 3/7 1h of the present fleet, and possibly vehicle 641,
could be replaced with new demonstrators or good condition used vehicles the
present maintenance cost of the fleet would realize a significant savings. This savings
coupled with an increase in the user fees, could be applied to the replacement fund to
sustain the long term plan.
Page Nine
Staff of Fleet Administration are recommending an across the board increase in the
monthly usage charge in the operating budget for packer trucks, of 25 percent, or
$1,000.00 per vehicle per month. An increase of this amount coupled with a
reallocation of the monthly charges, based on life cycle analysis for the newer trucks,
could result in an average additional amount of $200,000.00 into the vehicle
replacement program. An increase of this amount into the reserve fund will support
and sustain the proposed long term fleet replacement program without any increase in
the capital budget allocation for fleet.
RECOMMENDATIONS:
It is recommended that;
Council authorize the Manager of Materials & Fleet Management to execute
the purchase options contained in the rental agreements with Saunders
Equipment Ltd, and AmTruck Ltd, for the purchase of the three vehicles
presently on short term rental, and
Council accept the offer of AmTruck Ltd for the supply of 1 only rental
return, 2004 Sterling cab & chassis c/w 25 yard Leach rear load packer at a
cost of $128,250.00 plus tax;
$espy fitfully sub + ted,
David Logan( B
T.L. Totten, FCA
City Manager
REPORT TO COMMON COUNCIL
M & C — 2005 -317
20 October 2005
His Worship Norman McFarlane
and Members of Common Council
Your Worship and Councillors:
P�(Ark:Uc,.l�f �G�OOf)
SUBJECT: Submersible Pump Controls — Latimer-Lake
BACKGROUND:
I"
ME
Bids have been received from 2 companies for the provision of all labour, materials,
parts, tools and equipment necessary for repairs required to one only 60" auger screw
at the Lancaster Lagoon..
Due to fact that City staff estimates were less than $25,000.00, the threshold for
calling for public tenders, staff opted to solicit bids by the less formal "Request for
Quotation" method, as identified in, and in accordance with, the City's Procurement
Policy. Staff estimates for this project were based on repairs to a 60" auger
completed in 2004. Eight companies were directly invited to submit bids.
For the information of Council, while staff consistently adheres to the City's
Procurement Policy, on rare occasions unforeseen circumstances dictate a deviation
from that policy. Staff can provide assurances that the formality of the bid process
employed was not jeopardized in any fashion and recommend acceptance of these
bids.
Page Two
ANALYSIS:
As previously stated, two companies chose to participate in the bid solicitation
process by submitting quotes. They are;
Walcott Machining & Fabrication, Saint John $303288.00
Fleetway Facility Services, Saint John $58,997.00
Staff of the Materials & Fleet Management section and the Municipal Operations
Department have reviewed the bids and have found them to be complete in every
regard.
FINANCIAL IMPLICATIONS:
The total cost of this project, if awarded to the lowest bidder, will be $30,288.00,
plus tax.
While this project has come in at a value higher than staff estimate, sufficient funding
to cover its cost is included in the Water and Sewerage Operating Budget.
RECOMMENDATION:
It is recommended that Council accept the bid submitted by Walcott Machining &
Fabrication, in the amount of $30,288.00 plus tax, for the provision of all labour,
materials, tools and equipment necessary for the 60" auger repair at the Lancaster
Lagoon.
Res ully subm'
vid Logan, CP
Purchaling Agent
Beckett,
T.L. Totten, FCA
City Manager
REPORT TO COMMON COUNCIL
M & C — 2005 -309
October 19, 2005
City of Saint John
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Lease of Space
Stall No. 4 - The City Market
BACKGROUND:
Annette and Norbert Prybbiski have been retailers at the City Market, operating a
store known as "Nougatine et Chocolat" since 2004 when they ran a small French
Patisserie on Saturdays at Jeremiah's. The product was a great success and the
tenant soon approached the City about doing a concept at the Market. The
discussions led to Nougatine et Chocolat negotiating a lease to operate daily in a
stall. The tenant has been operating in the space for several months as the lease
was being drafted and finalized. The Lease has been returned signed, ready for
Council's consideration.
The attached Lease is highlighted by a term of three years with rents of $26.00 psf
in each lease year. The tenant has been granted a 5 month rent free period to
offset store fit up and equipment costs. The use clause permits the tenant to
operate a French pastry shop permitting the sale of, but not limited to the
following; French pastries, baguettes, quiche, cookies, rolls, croissants, foie gras,
pates, take home French cuisine and French beverages. The remainder of the
Lease is standard.
The purpose of this report is to seek Council's concurrence to enter into a lease
with Nougatine et Chocolat Inc. for space in the City Market.
Report to Common Council
October 19, 2005
RECOMMENDATION:
Um
That The City of Saint John lease Stall "4" in the City Market to
Nougatine et Chocolat Inc. upon the terms and conditions set out in the
lease submitted with M &C #2005 -309; and
2. Common Council give first and second reading to an amendment of the
"City Market By -Law" whereby Section 5(2) is amended to add following
Section 5(2)(f), Section 5(2)(g) Stall #4; and
3. further that the Mayor and Common Clerk execute the lease once the
amendment is enacted.
:espectfu submiitttteId,,n / / ^ \ /1\ �/7
4 _ \J /
R. Baird, MCIP
\+V1111111JJ1V11G1
Plannin nd Develop nt
Terrence Totten, F.C.A.
City Manager
17i=011Ti
Attachment
Form A19
LEASE
Stanrlarrl forms of Conveyances Act, S.N.B. 1980, c. 5 -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 —
Nougatine et Chocolat Inc., having its registered office at 255 Main Street, Fredericton, New
Brunswick, E3A IEI, a duly incorporated company, the "Lessee"
The "Rules and Regulations" attached hereto as Schedule "D ", and the form attached hereto as
Schedule "D -1" form part of this Lease.
The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the
following conditions:
Duration:
3 years
Date of Commencement:
August 1, 2005
Date of Termination:
July 31, 2008
Payment Dates:
First day of each and every month during
the term hereof
Place of Payment:
Cashier's Office
City Hall
Saint John, NB
This lease contains the covenants and conditions which are attached and set out in Schedule "C"
attached hereto.
DATED as of August I, 2005.
SIGNED, SEALED & DELIVERED ) THE CITY OF SAINT JOHN
In the presence of: )
Mayor
Common Clerk
Common Council Resolution:
2005.
NOUGATINE ET CHOCOLAT INC.
Per:
Norbe ,prl.F. Pr�h
SCI IEMI ,E "A"
GROUND FLOOR (LEASEABLE AREA-392-s-0
.. SCALE: 1/4 ° =1' -0°
LEASE PLAN for
(COPIES: 8 1/2" x 14 " ARE NOT TO SCALE)
A
LEASE FOR STALL SPACE CITY MARKET
NOUGATINE ET CHOCOLAT INC.
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 prevention, 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 otter governmental agency, including a provincial
agency);
f) "Atrium Seating /Food Court" means those portions of the Common Areas designated by
the Lessor from time to time for use in support of the operations of any group of premises
providing quick food service to customers of the City Market and includes, without
limiting the generality of the foregoing, public table and seating areas, waste collection
facilities and other areas, facilities and equipment intended for such use;
g) "Gross Receipts" means the total of all gross sales and receipts from all business
conducted upon or fiom 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:
Lease for Stall Space— City Market
Nougatine et Chocolat Inc.
Schedule "C"
- Page 2 -
i. sales for which the customer has received a refund, provided that the original
sale was included in Gross Receipts;
ii. sales of merchandise in exchange for returned merchandise, 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 In 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 fm 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, area 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 31" 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 31 ", save for the last Lease
Year of the Term which shall terminate upon the expiration or earlier termination of this
Lease, as the case may be;
n) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section
3.01;
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
Lease for Stall Space — City Market
Nougatine et Chocolat Inc.
Schedule "C"
Page 3 -
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 aft 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 pun poses lies
within the Rentable Area of the Leased Premises.
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 ofthe foregoing excluded categories, the Rentable
Area of that category will be included in the Rentable Area of the City Market;
I) "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.
Lease for Stall Space — City Market
Nougatine et Chocolat Inc.
Schedule "C"
- Page 4 -
ARTICLE II
GRANT, TERM AND INTENT
2.01 Leased Premises
In consideration of the rents, covenants and agreements hereinafter reserved and contained on the
part of die 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. 4, are shown outlined in red on Schedule "A" attached hereto and contain a Rentable Area of
approximately Three Hundred Eighty Nine Square Feet (389 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 Eighty
Nine Square Feet (389 W).
2.02 Use of Common Areas
The use and occupation by the Lessee of the Leased Premises shall entitle the Lessee to the use in
common with all others entitled thereto of the Common Areas, subject however, to the terms and
conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time
to time by the Landlord.
2.03 Term of Lease
TO HAVE AND TO HOLD the Leased Premises for and during the term of three (3) years to be
computed from August 1, 2005 and fully to be completed and ended on July 31, 2008 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 party as
of the date of this Lease, the Commencement Date shall be the earlier of:
a) forty -five (45) days after the Lessor has delivered vacant possession of the Leased
Premises to the Lessee notwithstanding that the Lessor may still, during such forty -five
(45) day period, be completing its work; or
b) the opening by the Lessee to the public of its business in the Leased Premises.
Notwithstanding any change in the Commencement Date calculated in accordance with the
preceding provisions hereof, the Terms shall expire on the date set for such expiry in the first paragraph of
this Section 2.03, subject always to earlier termination as provided for in this Lease.
PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased
Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take
possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its
inventory, at its own risk, for a period of ** ( * *) days after receipt of such notice or until the Lessee opens
for business to the public in the Leased Premises, free of the payment of Gross Rent, and Additional Rent
save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the
Leased Premises during the period of such 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.
Lease for StaI I Space —City Market
Nougatine at Chocolat Inc.
Schedule "C"
- Page 5 -
The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis, from the
end of the rent -free period to the last day of the 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.
2.04 Option to Renew
The Lessee shall have the option to renew this Lease for a further one (t) 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.
ARTICLE 111
RENT AND DEPOSIT
3.01 Gross Rent
The Lessee shall pay annual Gross Rent to the average amount of Twenty Six ($26.00) Dollars
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 I -
$842.83
monthly ($26.00
per square
foot)
Year 2 -
$842.83
monthly ($26.00
per square
foot)
Year 3 -
$842.83
monthly ($26.00
per square
foot)
The Lessor will grant the first five (5) months of the Lease as a rent free period (Gross Rent only).
Utilities, Promotion Fund /Merchant's Association Dues are due and payable under this Rent Free Term.
3.02 Reports by Lessee
a) The Lessee shall submit to the Lessor on or before the 10 "' day following die 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 60 "' 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, allowing 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 die 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.
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.
Lease for Stall Space —City Market
Nougatine et Chocolat Inc.
Schedule "C"
- Page 6 -
3.05 Deposit
The Lessor acknowledges receipt of Zero Dollars ($00.00) which it will apply towards the
payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or part
of the amount retained for application towards the last month's Gross Rent as compensation for any loss or
damage arising from the breach by the Lessee of any provisions of this Lease. This right will not be
construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by
the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of
the deposit I'ur the last month's Gloss Item as provided above, the Lessee will, upuu notificalion 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 orthe 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 "D -I ", 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
TAXES
4.01 Taxes Payable by the Lessor
The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market
or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the
Lessee. However, the Lessor may defer payment of any such 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 Tenn 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 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
Lease for Stall Space — City Market
Nougatine et Chocolat Inc.
Schedule "C"
Page 7 -
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 IIST Payable by Lessee
The Lessee shall pay to the Lessor all HST on Rent and any otter 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 die 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 an 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 otter body.
ARTICLE V
UTILITIES
5.01 Utilities
The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event
that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's
proportionate share of any utility consumed.
"IRITIB7C"
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 I` day of each month during the Term.
Lease for Stall Space — City Market
Nougatine et Chocolat Inc.
Schedule "C"
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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 selling all products associated with an authentic French pastry shop,
these products include: French pastries, baguettes, quiche, cookies, rolls, croissants,
and all manner of pastries; typically French products such as foie gras, pates, honey,
Perrier and Evian waters (imported products from France); and also the sale of
take home French dinners to be consumed outside of the building.
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 "Nougatine at
Chocolat" and will not change the advertised name of the business to be operated in the
Leased Premises without the prior written consent of the Lessor.
The Lessee shall not introduce new product lines, or offer new services to its customers
without first obtaining the written consent of the Lessor. The Lessee acknowledges that it
would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of
such product line or service would compete with the business of other tenants in the City
Market or infringe on exclusive covenants granted by the Lessor.
Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this
Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City
Market any of the products or services 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 lice 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 propose 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
Lease for Stall Space — City Market
Nougatine et Chocolat Inc.
Schedule "C"
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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;
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 Promises 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;
1) not allow or cause to be committed any waste upon or damage to the Leased Premises or
any nuisance nr 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 tine 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 and such removal shall be done and all damages as a result thereof
Lease for Stall Space — City Market
Nougatine at Chocolat Inc.
Schedule "C"
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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 can-f 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 7.0 L The Lessee will not allow or cause the use
of any part of the Leased Premises for any of the following businesses or activities:
i. the sale of secondhand goods or surplus articles, insurance salvage stock, fire
sale stock or bankruptcy stock;
ii. the sale of goods, except as may be specifically permitted by the provisions of
Section 7.01;
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 snail order business or a department store, junior department store or variety
store.
7.04 Hazardous Substances
The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a
manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture,
refine, treat, transport, store, handle, dispose of, transfer, produce or process any Hazardous Substance,
except in strict compliance with all applicable federal, provincial and municipal statutes, by -laws and
regulations, including, without limitation, environmental, land use and occupational and health and safety
laws, regulations, requirements, permits, statutes, by -laws and regulations. Further the Lessee hereby
covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law
responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or
contributed to by any Hazardous Substances which are at any time located, stored or incorporated in any
part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives
shall have the right at the Lessee's expense, payable as Additional Rent 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.
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Nougatine et Chocolat Inc.
Schedule "C"
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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 tire 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.
8.01(a) The Lessee may install in the Leased Premises a gas oven, microwave and convection ovens. The
Lessee may, in accordance with the prior written consent of the Lessor which will not be unreasonably
withheld, re- surface the floors and walls of the Demised Premises.
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 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
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Nougatine et Choeolat Inc.
Schedule "C"
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therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or
earlier termination of the Tenn 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.
8.07(a) The Lessor will at the request of the Lessee remove the two (2) refrigerators and the freezer
currently in the Demised Premises. The Lessor will repair the exterior window on the northern wall of Stall
No. 4 and the northern wall between the top of the exterior window and the floor of the mezzanine space
located above Stall No. 4.
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 limes
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
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Nougatine et Chocolat Inc.
Schedule "C"
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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 con(rm'y, iris it 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. exammethem;
ii. make permitted or required repairs, alterations, improvements or additions to the
Leased Premises (including the pipes, conduits, wiring, ducts, columns and other
installations in the Leased Premises) or the City Market or adjacent property; or
iii. excavate land adjacent or subjacent to the Leased Premises; in each case (to the
extent reasonably possible in the circumstances) without unreasonably
interfering with the Lessee's business operations in the Leased Premises, and the
Lessor may take material into and on the Leased Premises for those purposes.
Rent will not abate or be reduced while the repairs, alterations, improvements or
additions are being made. The Lessor will take reasonable steps to minimize
any interruption of business resulting from any entry.
b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective
purchasers and during the six (6) months prior to the expiration of the term of this Lease,
the Lessor may exhibit the Leased Premises to prospective tenants and place upon the
Leased Premises the usual notice "To Let' which notice the Lessee shall permit to remain
where placed without molestation;
c) If the Lessee shall not be personally present to open and permit an entry into the Leased
Premises, at any time, when for any reason an entry therein shall be necessary or
permissible, the Lessor or the Lessor's agents may enter the same by a master key, or
may forcibly enter the same, without rendering the Lessor or such agents liable therefor,
and without in any manner affecting the obligations and covenants of this Lease;
d) Nothing in this Section contained, however, shall be deemed or construed to impose upon
the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance
or repair of the City Market or any part thereof, except as otherwise in this Lease
specifically provided.
ARTICLE IX
INSURANCE AND INDEMNITY
9.01 Lessee's Insurance
a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full force
and effect the following insurance:
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;
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Nougatine et Chocolat Inc.
Schedule "C"
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e) Contractual Liability with respect to this Lease;
B Premises, Property and Operations;
g) Completed Operations;
h) A Cross Liability Clause;
i) A'I'hirly (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 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 9.0 1, 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
'File 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. Dills 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 foe, 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
Lease for Stall Space — City Market
Nougatine et Chocolat Inc.
Schedule "C"
Page IS-
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.
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 conucctiun with loss of I lb, personal injury and/or damage to
properly a ising frolu 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 ill part by tiny 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 tine 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 ISO 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 Igo 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
Tema of this Lease shall expire upon the third (3'") day after such notice is given, and the Lessee shall
vacate the Leased Premises and surrender the same to the Lessor.
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Nougatine at Chocolat Inc.
Schedule "C"
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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 m 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 (list 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 X11
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 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).
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:
i. There is no default of the obligations of the Lessee under this Lease;
I. 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,
Lease for Stall Space — City Market
Nougatine et Chocolat Inc.
Schedule "C"
Page 17 -
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.
'File Lessee acknowledges that the factors governing the grunting 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 0te 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 of 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
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
Lease for Stall Space —City Market
Nougatine at Chocolat Inc.
Schedule "C"
- Page 18 -
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 (tent and charges equivalent to Rent reserved in this Lease for the remaindcr 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 front the Lessee to die 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 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 Tenn 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 retrain 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.
Lease for Stall Space— City Market
Nougatine at Chocolat Inc.
Schedule "C"
- Page 19 -
13.06 Waiver of Exemptions from Distress
Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the
inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress;
and (b) no lack of compliance with any 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.
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 Tenn 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 Tenn;
and otherwise upon the same terns 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 tern, 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 terns, covenant ca 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.
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Nougatine et Chocolat Inc.
Schedule "C"
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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 ajoint enterprise with the Lessee.
14.07 Force Majeure
In the event that either party hereto shall be delayed or hindered in or prevented from the
performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to
procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or
other reason of a like nature not the fault of the party delayed in performing work or doing acts required
under the terms of this Lease, then performance of such act shall be excused for the period of the delay and
the period for the performance of any such act shall be extended for a period equivalent to the period of
such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not
operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other
payments required by the terms of this Lease, nor entitle the Lessee to compensation for any
inconvenience, nuisance or 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: C/O The Common Clerk, The City
of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 4L1, with a copy to
Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New
Brunswick, E2L 4L1, 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 67 Ragged Point
Road, Saint John, New Brunswick, E2K 5C3. 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, E21, 4L 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.
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.
Lease for Stall Space — City Market
Nougaline et Chocolat Inc.
Schedule "C"
- Page 21 -
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 Rent Free Period
Not applicable in this instance.
14.19 Early Termination
Notwithstanding anything conjoined in Clause 2.03 to the contrary this Lease may be terminated
by either the Lessor or the Lessee on the sixth month anniversary from August I, 2005, that is, February 1,
2006, provided that the Lessor or the Lessee gives written notice to the other on or before December 31,
2005.
SCHEDULE "D"
RULES AND REGULATIONS
1, All loading and unloading of goods shall be done only at such times, in the areas, and through the
entrances, designated Im 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 home 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 walls,
ceilings, partitions, Floors, wood, stone or iron without the written consent of the Landlord.
9. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall
not permit any cooking in the Leased Premises without the written consent 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.
1 1. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees
shall not bring in or take out, position, construct, install or move any safe or other heavy
equipment or furniture without first obtaining the consent in writing of the Landlord. In giving
such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight
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 otter time consented to by the landlord.
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.
SCHEDULE "D".
RULES AND REGULATIONS
Page 2
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 aninmis 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:
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 I I" in size, and must not excessively obscure the view
through the bench between the first and last rail above the bench.
SCHEDULE "DI"
APPLICATION FOR AGREEMENT
HEAD OFFICE OR PROPRIETOR'S NAME ACCOUNT RECEIVABLE NUMBER
STORE NAME AND NUMBER DATE OF LEASE MONTHLY CHARGES
STORE ADDRESS DATE OF LAST PAYMENT
HEAD OFFICE ADDRESS BANK ACCOUNT NUMBER
TRANSIT NUMBER BANK AND BRANCH
NAME IN WHICH ACCOUNT STANDS IN BANK RECORDS
SIGNING OFFICER SIGNATURE
REQUEST FOR PRE - AUTHORIZED PAYMENTS
I authorize (hereinafter referred to as the "Company`)
And /or to debit the account of the undersigned
maintained with the financial institution indicated above, monthly, in accordance with the
PAYMENT AUTHORIZATION below, for the purpose of paying monthly rentals as noted above.
"PLEASE ENCLOSEAN UNSIGNED SAMPLE CHEOUE FROM YOUR BANK OR TRUST COMPANY"
AUTHORIZATION TO HONOUR PAYMENTS
NAME OF BANK
ADDRESS
You are hereby
requested and authorized
to pay and debit my /our account at your office or at
another branch
of your
institution if it is
transferred there; all cheques drawn on you on
my
behalf and
made
payable to
the Company or drawn on
you
by
; and all amounts specified on
any
magnetic or computer
produced paper
tapes requesting you to pay the Company
or
In consideration of your acting as aforesaid, it is agreed that your treatment of each cheque
and /or tape and your rights with respect to it shall be the same as if it were signed by the
undersigned personally, authorizing and requesting you to pay and credit such amount to the
said Company Debiting my account and failure to pay shall give no liability on your part,
regardless of the loss or damage.
SCHEDULE "D1"
_,Z_
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:
AUTHORIZED SIGNATURE(S)
nLt'URT TO COMMON COUNCIL
%,V 7140
OPEN SESSION
M & C — 2005 — 320
October 24, 2005
His Worship Mayor Norman McFarlane
And Members of Common Council
Your Worship and Councillors:
RE: Employee Prescription Drug Program
BACKGROUND:
City of Saint John
In May of 2000 Common Council approved entering into a contract with Managed
Health Care Services Incorporated ( MHCSI) as the Administrative Services Only (ASO)
provider of prescription drug services for City employees.
The current contract with MHCSI was for a five year period concluding on June 30,
2005.
ANALYSIS:
The City's experience with MHSCI has been extremely positive over the past five years.
The firm has demonstrated excellent customer service in the handling of prescription
drug claims from our employees and has been very proactive in providing on -going
health related education/clinics for our employees. In addition their management of the
prescribed drug program has been very strong and they have worked well with our
employee advisory committee in reviewing claims experience and modifying plan
provisions where warranted.
Over the past several months staff has had a number of discussions with MHSCI
regarding renewal of the current contract. As a result of these discussions the parties
have agreed to enter into a new contract for a five year period commencing July 1, 2005.
The terms and conditions of the contract are the same as the previous contract with
MHSCI.
A copy of the proposed contract is attached with this report.
REPORT TO COMMON COUNCIL
October 20, 2005 -
M &C #2005 -314 0�
His Worship Mayor Norm McFarlane The City of saint John
Y
and Common Council
Your Worship and Council:
SUBJECT: LicenseAQreement between City of Saint John and
Lees Doley (LMDA Adventures)
Attached, please find the above referenced agreement. This agreement pertains to what is
referred to as the Rockwood Park Barns and Stable. Ms. Doley has held the license for
the last number of years and staff has found this arrangement to be very beneficial to the
City of Saint John.
The Licensees' obligations are found in Article 11, (a) through (x). The obligations of
the City of Saint John are found in Article 12, (a) through (k). As can be seen, the
Licensee is required and has been performing many of the functions that were once
performed by full time city staff. As a result, this arrangement is seen as another small
success story in which the City has changed its way of doing business.
Input From Other Sources:
The Legal Department has prepared the attached License Agreement and staff of Leisure
Services has been directly involved
The Agreement has been reviewed and signed by Ms. Doley.
RECOMMENDATION:
That the Mayor and Common Clerk be authorized to sign the License Agreement
between the City of Saint J9jm and Ms. Lees Doley as attached.
Terrence L. TotteK
CITY MANAGER
Attachment.
?005.
THIS LICENSE made in duplicate as of the day of
BY AND BETWEEN:
THE CITY OF SAINT JOHN having its City Hall at
15 Market Square, Saint John, New Brunswick, a body
corporate by Royal Charter, confirmed and amended by
Acts of the Legislative Assembly of the Province of
New Brunswick, hereinafter called the "Licensor"
-and—
LEES DOLEY, doing business as LHMD Adventures,
of the Citv of Saint John in the County of Saint John and
Province of New Brunswick, hereinafter called the
"Licensee"
RECITALS:
WHEREAS the Licensor is the owner of the lands sho�en on Schedule "A"
attached hereto and forming part hereof:
AND WHEREAS situate upon the said lands is the Horse Barn owned by the
Licensor as part of Rockwood Park:
AND WHEREAS the Licensor has agreed to aivc the \6thin License under the
terms and conditions hereinafter set forth:
NOW THEREFORE IT IS AGREED BY :AND 131[lVA'ITN THE PARTIES
HERETO AS FOLLOWS:
I. The parties hereto acree that this agrecment is to he and constitutes n License,
and that the laws of the Province of New Brunswick reeardims same shall apply to same.
2. B\ this License the Licensor hereby permits the Licensee to enter into and upon
and exit from the lands shown on Schedule "A" for the sole purpose of operating the Ilorse Barn
on the following terms and conditions and subject to the terms and conditions set nut in Schedule
"B ", all of which the Licensee accepts and agrees to obscne, perform and abide b\.
License Agreement
The City of Saint John and Lees Doley
As of June t, 2005
Page 3 of 13
e) that it shall be responsible for the first Two Thousand ($2,000.00) Dollars of
costs for maintenance, repairs and improvements to the Mobile Home in each
calendar year, if and when required;
f) that it shall be responsible for the first Two Thousand ($2,000.00) Dollars of
costs for maintenance, repairs and improvements to the Barn and other out
buildings in each calendar year, if and when required;
g) that it shall purchase the inventory as stated in Schedule "D" prior to the
termination of this License. The total amount payable under Schedule "D" is
$3,941.75.
h) that it shall not have any claim against the Licensor for loss or damage of any
nature, kind or description whatsoever arising from the exercise or purported
exercise of the License herein granted, unless such loss or damage is due to the
negligence of the Licensor or its employees, servants or agents;
i) that it shall obtain and keep in force during the term of this License,
comprehensive general liability insurance for bodily injury and property damage
in the joint names of the Licensor and the Licensee, which coverage shall have an
inclusive limit of not less than One Million ($1.000,000.00) Dollars;
j) that it shall provide a Certificate of Insurance to the Licensor at the time of the
execution of this License evidencing the insurance coverage described herein and
providing that the coverage shall not be altered or cancelled without the insurers
giving thirt% (30) days notice in writing to the Licensor prior to any such
alteration or cancellation:
k) that in the event the Licensor receives notice from the insurer that it intends to
cancel or alter the said insurance coverage, the Licensor mac arrange for the
continuation of the coverage required and add the cost of such coverage to the fee
required to be paid by the Licensee pursuant hereto:
1) that notwithstanding any clauses herein. the Licensee does hereby indennnify and
sace harmless the Licensor from all damages, claims. demands. actions, suits or
other proceedings by whomsoever made, brought or prosecuted in any manner
and whether in respect of property owned by others or in respect of damage
sustained by others based upon or arising out of or in connection with this
License or anything done or purported to be done in anc manner hereunder;
nn) that it shall at the time of execution of this License deliver to the Licensor a bond
in the amount of Two Thousand ($2,000.00) Dollars to assure the performance of
all the oblieations of the Licensee under this License:
License Agreement
The City of Saint John and Lees Doley
As of June 1, 2005
Page 5 of 13
The Licensee shall be deemed to have ceased operation if at any time during the
times that the Licensee is required to be open, the Licensee is closed for
operation at the Horse Barn for two (2) consecutive days without written consent
of the Licensor.
12. The Licensor, for its part, covenants and agrees with the Licensee as follows:
a) that it shall provide the existing Mobile Home located on the lands described in
Schedule "A ", as a residence at no charge to the Licensee;
b) that it shall share the cost of repairing and maintaining the fencing with the
Licensee;
c)
that
it shall have the option to suspend trail rides
for times during each calendar
year
in order to accommodate conflicting events in
Rockwood Park;
d) that it shall pay to the Licensee for loss of business opportunity when trail rides
are suspended during specified events as follows:
i. from 1:00 p.m. to 4:00 p.m., - $200.00
ii. from 4:00 p.m. to 7:00 p.m. - $200.00
iii. additional hours will be $50 per hour
e) that it shall work with the Licensee to develop the list of rules for horseback
riding in Rockwood Park:
f) that it shall advise the Licensee, after consultation, which trails can and cannot be
used for horseback riding;
g) that during the term of the License, it shall grant permission for the Licensee to
erect a modular or mobile home, not more than 1200 square feet in size, for the
purpose of replacing the existing mobile home, at a location mutually agreed
upon. This modular or mobile home serving as a resilience shall be erected by
the Licensee at its cost and shall remain the property of the Licensee at the
expiration of the License, and shall be removed b} the Licensee upon termination
of the License. In the event that this modular or mobile ]ionic is placed upon a
foundation, the foundation shall remain the propert}' of the Licensor upon the
termination of the License;
h) that it shall make available for use by the Licensee the equipment listed in
Schedule "C" provided that replacement of equipment shall be the responsibility
of the Licensee and shall become the property of the Licensor upon termination
of the License;
License Agreement
The City of Saint John and Lees Doley
As of June 1, 2005
Page 7 of 13
THIS LICENSE shall
enure to the
benefit
of and be binding upon heirs,
executors, administrators, successors and
assigns of the
parties
hereto respectively.
SIGNED, SEALED & DELIVERED
In the presence of:
Witness
THE CITY OF SAINT JOHN
N.M. McFarlane, Mayor
J. Patrick Woods, Common Clerk
Common Council Resolution:
May 7, 2001 and amendment on
License Agreement
The City of Saint John and Lees Doley
As of June I, 2005
Page 9 of 13
SCHEDULE "B"
SPECIFIC CONDITIONS — HORSE BARN
Notwithstanding any clause contained in the agreement to which this Schedule is attached, the
four City owned horses and all associated harnessing until purchased by the Licensee, will remain
the property of the Licensor but will be maintained and used by the Licensee when providing
sleigh /wagon rides. The Licensee will provide for all maintenance, i.e. feeding, grooming,
shoeing and regular veterinary checks of the horses, provided however, the Licensor will receive
copies of any and all reports with respect to the said veterinary checks.
These items will be inspected periodically by the Licensor and any and all repairs required by the
Licensor in its sole discretion, will be the responsibility of the Licensee and will be carried out
forthwith. These items are not to be altered in any manner without the prior written approval of
the Licensor.
Any and all rides from the Horse Barn or in connection therewith, must be escorted by a qualified
person in the employ of the Licensee.
The Horse Barn and surrounding premises are to be kept clean and all manure will be stored on
site and removed as required.
The Licensee may, upon the prior written approval, perform renovations to the Horse Barn.
The Licensee will provide pony rides at suitable times at rates set h\ the Licensee but shall ensure
that all staff working in connection with said pony rides are experienced and able to handle the
animals in an appropriate manner, and know how to respond to emergency situations.
The Licensor will retain the responsibility for capital improvements and replacement of the Barn
and the existing Mobile Home. i.e. exterior painting, roofing. well and septic systems, paved
walkways, fence replacement and major repairs to the existing Mobile I lonte on the properth.
Any and all staff employed at the Horse Barn most be experienced and able to handle animals and
large horses and know- how to respond to emergency situations.
The Licensee is free to set rates for rides, but must be available \ycathcr permitting. to offer these
rides on a daily basis.
The Licensee may provide box stalls at a set rate per month each. and provide hasic feed and
cleaning to private individuals for the stabling of horses.
The Licensee will be permitted to conduct horse rides on approved trails within Rockwood Park
at such times as may be mutually agreeable between the Licensee and the Licensor. A list of
License Agreement
The City of Saint John and Lees Doley
As of June 1, 2005
Page I 1 of 13
SCHEDULE "C"
LEISURE SERVICES INVENTORY
LOCATION: ROCKWOOD PARK BARN
Quantity Description
1
Main Barn
1
Mobile Home
1
Barn-Type Tool Shed
1
Chicken Coo
7
Animal Shelters
License Agreement
The City of Saint John and Lees Doley
As of June 1, 2005
Page 13 of 13
Lot #4
4 bridles
6 set hamess
2 belly britches
3 harness straps
2 show nightingales
4 collars
4 collar pads
1 set tally-ho spreaders
2 regular yokes
2 sleigh spreaders
3 wagon spreaders
2 regular blankets
Semi - Total:
716.25
Lot #5
1 sleigh
1 wagon
Semi - Total:
525.00
Lot #6
1 Percheron (Jill)
19200.00
1 Belgian /Cross (Jason)
1,000.00
Semi - Total:
52,200.00
Total:
$39797.50
Miscellaneous Items:
3 curry combs
3 body brushes
6 fire extinguishers
1 desk
3 chairs
1 table
1 set of drawers
Semi - Total:
1 44.25
REPORT TO COMMON COUNCIL
M & C 2005 -312
October 19, 2005
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Rescheduling of Public Hearing
Section 39 Amendment - 53 -75 Leinster Street
The City is presently considering an application by Saint John Non -Profit
Housing Inc. with regards to an apartment building at the above - mentioned
address.
m
Initially, a Public Hearing was advertised for September 12, 2005 to consider the
requested Section 39 Amendment. At the request of the applicant this Hearing
was rescheduled to October 24, 2005. This provided opportunity for the
proponent to discuss the project with interested neighbours and submit a revised
plan.
City of Saint John
It was anticipated that the Planning Advisory Committee would consider a revised
proposal at its October 18, 2005 meeting. However, staff became aware that the
letters sent to the neighbourhood had been delayed due to an internal mailing
problem. The delay resulted in the area property owners not receiving the proper
notice prior to the PAC meeting.
Upon realizing this mailing delay, staff scheduled the matter to be considered by
the Committee at its November 1, 2005 meeting. This application was not
considered by Committee on October 18.
Under the circumstances it is necessary for Common Council to further
reschedule the Public Hearing for this Section 39 Amendment application for
November 21. All the necessary arrangements and further public notice has been
undertaken by staff for this new date. The applicant is also aware of this change.
Report to Common Council Page 2
October 19, 2005
RECOMMENDATION:
That Council reschedule the Public Hearing for the Saint John Non Profit Housing
Inc. Section 39 Amendment at 53 -75 Leinster Street to Monday, November 21,
2005 at 7:00 p.m.
Respectfully submitted,
I,Xim R. Baird, MCIP
Commissioner
7 Plannin and Developm t
Terrence Totten, F.C.A.
City Manager
MRO /m
Project No. 05 -254
REPORT TO COMMON COUNCIL
M & C 2005 - 308
0 October 19, 2005
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council,
SUBJECT:
Traffic Bylaw Changes — Water Street/Prince William Street
I�K;CI�Z�171`►17
City of Saint John
The 1999 Transportation Study recommended a series of changes for Uptown traffic flows.
With the roadway reconstruction project on Water Street now completed, two -way traffic
commenced on October 15th.
The Traffic Bylaw must be amended for Water Street and surrounding streets to effect the
changes made to the traffic patterns.
ANALYSIS
Staff recommends that Water Street no longer be designated as a truck route. This street is now
an integral part of the Uptown and through truck traffic is not consistent with its current use.
Safety of pedestrians in this area will be enhanced by the absence of heavy trucks.
Prince William Street is no longer the primary exit route from the south peninsula. Therefore it
is appropriate to treat it as a local street. A left turn toward St. Patrick Street should not be
permitted. The anticipated reduction in traffic on Prince William Street will eliminate the need
for multiple lanes at the intersection with King Street. Staff recommends that metered parking
be permitted on both sides of Prince William Street between Grannan Street and King Street.
M &C 2005 — 308
October 19, 2005
Page 2
ANALYSIS (Cont'd)
Duke Street and Princess Street will provide easy access to Water Street for north and west
bound traffic exiting the uptown. Duke Street between Prince William Street and Water Street
has been returned to two -way traffic. This will facilitate traffic's access to Water Street. This
does not require a bylaw change. Princess Street is the other major access to Water Street and
will continue to be one -way, westbound, from Charlotte Street to Water Street.
There are other housekeeping changes required respecting restricted left and right turns.
RECOMMENDATION
Your City manager recommends that the Traffic Bylaw be amended as follows and that this be
referred to the City Solicitor to be put in the correct form and translated.
• From Schedule "N ", Truck Routes delete the words "Water Street, Market Square to
Broad St ".
• From Schedule "D ", One -Way Streets delete the words "Water Street, Southerly, Market
Square to Britain St ".
• In Schedule "F ", Prohibited Left Turns add the words "Prince William Street, Northerly,
Market Square ".
• In Schedule "F ", Prohibited Left Turns delete the words "Prince William Street
Northerly King Street" and insert the words "Chipman Hill Southerly King Street". (This
is to recognize the name change to Chipman Hill.)
• In Schedule "G" Prohibited Right Turns delete the words "Princess Street, Westerly,
Water Street ".
Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
yj�t
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
I\\ M &C -318
\ October 20, 2005
City of Saint John
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Sale of Portion of Stopped -Up and Closed Section of Osprey
Terrace
BACKGROUND:
The subdivision plan that vested Osprey Terrace to the City was approved by the
Development Officer on May 11, 2005. Soon after, Drury Cove Developments
Inc., developer for the Highlands of Drury Cove, submitted a request to stop up
and close a 1,449 square metre (15,597.4 square foot) portion of Osprey Terrace.
Common Council, at its June 20, 2005 authorized the Common Clerk to publish
notice of Council's intention to consider the passing of a by -Jaw to stop -up and
close the portion of Osprey Terrace, as generally shown on the submitted plan.
Common Council adopted a motion to stop -up and close this portion of Osprey
Terrace at a Public Hearing held on July 18, 2005. The By -law was subsequently
enacted and a certified copy was filed in the Registry/Land Titles Office on
August 25, 2005.
ANALYSIS:
The portion of the street closed is at the end of Osprey Terrace, which included a
turn- around cul -de -sac. The proponent intends to shorten this street by the
amount shown on the attached plan, and vest to the City a new cul -de -sac, which
would be prepared on an amending subdivision plan. Council approval for this
revised plan was given on August 15, 2005. The new plan will be submitted to
the City for approval, prior to the City transferring title in the former street.
City staff met with the developer on numerous occasions to discuss the issues of
closing this portion of the street. City Engineering has indicated the existing
sewer and water lines running through the street that has been closed may remain
Report to Common Council
October 20, 2005
M
in place and serve as private lines for the existing dwelling, located at the end of
Osprey Terrace. The City will be reimbursed for the cost of the pipe materials
that are no longer public. In addition, an existing fire hydrant has been relocated
to the end of the portion of Osprey Terrace that will remain public.
The City will be reimbursed for the cost of advertising for the stopping -up and
closure of this portion of Osprey Terrace. The total cost of the public
advertisement is $679.00.
The developer for the Highlands of Drury Cove is aware of the recommendation
contained in this report involving the reimbursement of piping material and cost
of public advertising.
RECOMMENDATION:
That the City of Saint John transfer title in the former street, subject to any
easements required for municipal or public utility services, to Drury Cove
Developments Inc. for the sum of $1.00.
2. That as part of the above transaction contained above in (1), Drury Cove
Developments Inc. shall:
a) Reimburse The City of Saint John for the cost of the pipe materials
that are no longer public; and
b) Reimburse The City of Saint John the cost of advertising for the
stopping -up and closure of this portion of Osprey Terrace.
3. That prior to the City transferring title in the former street, the developer
be required to submit an amending subdivision plan to the City for
approval, providing for a new turn- around cul -de -sac at the end of Osprey
Terrace.
Respectfully submitted,
ILL
Jytfi R. Baird, MCIP
ommissioner
Planning and Development
CL /c
Terrence Totten, F.C.A.
City Manager
Description of Plan: Portion of Osprey Terrace Right -of -Way to be Stopped
Up and Closed.
N PID: N/A Address: End. of Osprey Terrace
Pan: N/A Date: June 16, 2005
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Description of Plan: Portion of Osprey Terrace Right -of -Way to be Stopped
Up and Closed.
N PID: N/A Address: End. of Osprey Terrace
Pan: N/A Date: June 16, 2005
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City Solicitor's Office
Bureau de Pavocat municipal
www.saintjohn.ca
\ October 21, 2005
Common Council of
The City of Saint John
Your Worship and Councillors:
P.O. Box/C.P. 1971
Saint John, NB/N. -B.
Canada E2L 4L1
Re: Queen's Square West — Request for Playing Field
The principal of St. Patrick's School on the West Side wrote to Council this
past summer advising that he had been approached by a member of the
Recreational Task Force with respect to the possibility of establishing a
playing field on the upper portion of Queen's Square adjacent to the school.
That discussion resulted in principal McNeill's requesting that the Council
consider this proposal for a fenced in playing field on the Square. The matter
of the cost of doing so was not broached in his correspondence. The subject
was referred to the City Manager and myself and this correspondence has been
prepared as a result.
The City's Charter originally provided that Queen's Square "... remain forever
open and unenclosed and unappropriated to any use or uses whatsoever either
public or private. " Our research reveals that such restriction was amended by
legislation enacted in 1860 which enabled the Common Council to authorize
and direct that all or part of Queen's Square west be enclosed with "open
fences or railings ". That amendment also provided that the Council could
enact by -laws or adopt resolutions for the erecting, keeping and preserving of
such fences and railings.
Consequently, it is my opinion that Council has the authority to permit the
enclosing with an open fence of a portion of Queen's Square west as requested
by St. Patrick's School. However, the Square remains a public square and the
use of a playing field thereon could not be given exclusively to the school.
... /2
INA
Common Council
October 21, 2005
Re: Queen's Square West — Request for Playing Field
City Solicitor
Page 2
A situation similar to that which we have established in conjunction with
school playgrounds which have been improved with LPP funds could prevail,
i.e. the City could permit the enclosing of a portion of Queen's Square west
with an open fence to be used as a playing field provided that the
Superintendent of the School District certifies that the fenced area shall be
open for the recreational use and enjoyment of the general public.
Respectfully Submitted,
JUNAArz
John L. Nugent
City Solicitor
BY -LAW NUMBER C -1
A BY -LAW RELATING TO THE MARKET IN
THE CITY OF SAINT JOHN
RRETE NUME
A RO
ARRETE CONCERNANT LE MARCHE DE
THE CITY OF SAINT JOHN
Be it enacted by the Common Council of the Le conseil communal de The City of Saint John
City of Saint John as follows: edicte :
A By -law of The City of Saint John entitled "A L'arrete concernant le marche de The City of
By -law Relating to the Market In The City of Saint Saint John decrete le 18 mai 2005, est modifie comme
John ", enacted on the 18th day of May, A.D. 2005 is suit:
hereby amended as follows:
1 Amending Section 5(2) by adding following 1 La modification du paragraphe 5(2) par
5(2)(d), the following: 1'adjonction de cc qui suit immediatement apres Falinea
5(2)(d)):
(e) Stall 15
(e) Kiosque 15
IN WITNESS WHEREOF the City of Saint John has EN FOI DE QUOI The City of Saint John a fait apposer
caused the Common Corporate Seal of the said City to son sceau communal sur le present arrete le * 2005, avec
be affixed to this by -law the * day of * , A.D. 2005 and les signatures suivantes
signed by:
Mayor /Maire
Common Clerk/Secretaire communal
First Reading August 29, 2005 Premiere lecture 29 aout, 2005
Second Reading August 29, 2005 Deuxieme lecture 29 aout, 2005
Third Reading Troisieme lecture
V\
s BY -LAW NUMBER C -1 ARRETE NUMERO
A BY -LAW RELATING TO THE MARKET IN ARRETE CONCERNANT LE MARCHE DE
THE CITY OF SAINT JOHN THE CITY OF SAINT JOHN
Be it enacted by the Common Council of the Le conseil communal de The City of Saint John
City of Saint John as follows: edicte :
A By -law of The City of Saint John entitled "A L'arrete concemant le marche de The City of
By -law Relating to the Market In The City of Saint Saint John decrete le 18 mai 2005, est modifie comme
John ", enacted on the 18th day of May, A.D. 2005 is suit
hereby amended as follows:
1 Amending Section 5(2) by adding following 1 La modification du paragraphe 5(2) par
5(2)(d), the following: Fadjonction de ce qui suit immediatement apres Falinea
5(2)(d)):
(e) Stall 15
IN WITNESS WHEREOF the City of Saint John has
caused the Common Corporate Seal of the said City to
be affixed to this by -law the * day of * , A.D. 2005 and
signed by:
(e) Kiosque 15
EN FOI DE QUOI The City of Saint John a fait apposer
son sceau communal sur le present arrete le * 2005, avec
les signatures suivantes :
Mayor /Maire
Common Clerk/Secretaire communal
First Reading Premiere lecture
Second Reading Deuxieme lecture
Third Reading Troisieme lecture
Ak
rn
SAINT JOHN BOARD
OF POLICE
COMMISSIONERS
PO Boa 1971
Saint John, New Brunswick
Canada E21, 4L1
Bureau des Commissaires du Service
de Police de Saint John
C.P. 1971
Saint John Nouveau - Brunswick
Canada E2L 41
RAYMOND T. FRENCH
Chair /President
MALCOLM HARRIS
Vice Chair/Vice President
WESCOSMAN
Secretary /Secretaire
IVAN COURT
Commissioner/ Commissaire
CHARLENE HAYES
Commissioner/ Commissaire
NORMAN MCFARLANE
Mayor /Maire
SARAH WILSON
Executive Secretary/
Secretaire Administrative
Telephone /Telephone:
(506) 647 -4142
Fax/Telecopieur:
(506) 648 -3304
E- mail /Courriel:
sarah.wilson@sain john.ca
* I
SAINT JOHN
Explore our past
Explorez noire passe
Discoveryourfuture/
Decouvrez votre avenir
September 29, 2005
His Worship Mayor Norman McFarlane
and Members of Common Council
Your Worship and Councilors:
Subject: International University Students
Further to the resolution adopted by Common Council on July 18, 2005
regarding correspondence submitted by Councilor CHASE that the Saint
John Police Force consider international students as part of their
Auxiliary, please be advised that there is legislation in place governing
that members of the Auxiliary must be Canadian citizens. Therefore, the
opportunity for international students to participate in the Auxiliary
program is not available.
The Saint John Police Force would be pleased to offer ride - alongs to any
interested International students, and they will continue to offer assistance
and support in any way possible.
Yours truly,
Raymond T. French
CHAIR
October 21, 2005
Mayor Norm McFarlane
Members of Common Council
City of Saint John
P.O. Box 1971
Saint John, NB
E2L 4L1
Your Worship and Members of Common Council,
On behalf of the Festival and Events Committee of Uptown Saint John Inc., I
would like to appear before Mayor and Council on Monday, November 7, 2005
to give council an update on the proposed Festival and Events Association for the
City of Saint John.
Yours trullf
Mike aw, Chair
Festival and Events Committee
40 KING STREET ■ TEL 506.633.9797 ■ info@uptow sj.com
SAINT JOHN NB 1888.878.6967 w ..uptow sj.com
E2L 1G3 FAX 506.652.3525
September 29, 2005
OCT ' •� 10l'.
1
�t1�V1JY 1VJ
To the Mayor and Council
Re: Canada Post closing post offices and plants
The federal government and post office management tried to close down thousands of public post
offices in the late 80s and early 90s. They were stopped in their tracks by public outrage and an
election defeat in 1993, but only after about 1,500 rural and 100 urban offices had been closed.
I am writing to let you know that Canada Post is once again closing offices and other facilities.
Canada Post is reviewing its national network and has announced plans to close a mail processing
plant in Quebec City as the very first step in its review. This plant closure will undermine service
and the local economy by destroying 302 jobs in Quebec City. We are concerned that the
corporation may close other parts of its network in the course of its review.
The corporation has already permanently or temporarily closed almost 50 rural post offices since
2001, in spite of a moratorium on closures in rural and small towns.
To deal with the public outcry over these closures, John McCallum, the minister responsible for
Canada Post, recently made a statement claiming that the federal government's commitment to
the moratorium on rural post office closures "remains unwavering ".
However, in the very same statement, Minister McCallum admits that some closures may be
unavoidable. He says that Canada Post will contact his office about any closure and that his staff
will then inform the member of Parliament in the area. There is a vague assurance that Canada
Post will work with "local officials" to see if a post office can be reopened. Not the public. Not
municipalities. Not postal unions. Not major stakeholders. Just local officials.
This is a far cry from the government's original commitment. When the Liberal government
announced the moratorium, it said "As long as this Government is in power, no rural or small
town post office will close ". (Minister Responsible for Canada Post Corporation, Feb 18, 1994)
It promised not to make any changes to this policy without first undergoing" a full and
comprehensive consultation with Postal Service Customer Councils." The government said, "The
people will decide."
POST OFFICE AND PLANT CLOSURES
WHEREAS Canada Post is reviewing its entire postal network and has announced plans to close
a mail sorting plant in Quebec City as the very first step in its review.
WHEREAS the government appears to support Canada Post's plan to close the plant in Quebec
City, beginning in December 2005, which would eliminate 300 jobs.
WHEREAS the government is allowing Canada Post to close rural post offices in spite of a
moratorium on post office closures in rural and small towns.
WHEREAS our public postal network connects communities throughout this vast land, helping
us to overcome differences and distances.
WHEREAS our public postal network plays a key role in our social and economic life by
providing jobs and the infrastructure that healthy communities need to thrive and businesses need
to grow.
BE IT RESOLVED THAT (NAME OF ORGANIZATION OR MUNICIPALITY) write to
John McCallum, the Minister Responsible for Canada Post and request that the federal
government instruct Canada Post:
1. to stop the closure of the mail sorting plant in Quebec City and proposed closures in other
locations.
2. to consult with the public, postal unions and other major stakeholders to develop a
uniform and democratic process for making changes to the Canada Post's network.
3. to maintain, expand and improve our public postal network.
MAILING INFORMATION
Please send your letter and resolution to: The Honourable John McCallum, Minister Responsible
for Canada Post, Connaught Building, 7a' Floor South, 555 MacKenzie Avenue, Ottawa, Ontario,
K1A OL5
Please send copies of your letter and resolution to:
1. Deborah Bourque, President, Canadian Union of Postal Workers, 377 Bank Street,
Ottawa, Ontario, K2P 1Y3
2. Your member of Parliament. You can get your MP's name, phone number and address by
calling 1 -800 463 -6868 (at no charge).
3. Moya Greene, President of Canada Post, 2701 Riverside Drive, Ottawa, Ontario, K1A
0131
Mayor and Council
City of Saint John. N.B.
C/o Common Clerk
If the city is serious about recycling we must have recycling bins in the South End and
uptown area.
\ The old sugar refinery parking lot site is not visible and not an appropriate location.
Many people have stopped recycling, not comfortable going to the present location as
you have to cross a busy highway, Broad Street, and proceed a quarter of a mile to reach
the recycling bins.
In several other locations in Saint John there are two or more recycling sites. They are in
business. shopping, and residential areas which the public visits daily. We in the South
End are the walking public, recycling bins should be located conveniently for the
taxpayers who walk daily. Recycling saves the city money.
The boundary of uptown and the South End is from Broadview Ave., to City Road and
from Crown St. to Water St., the peninsula is very large, bins should be accessible to all
areas. Take recycling "serious" or fo.3et about us recycling.
Sincerely disgusted with lack of interest in uptown and South End. Y
u�a c
> �.J �,ps e anr-
p
R.
2L39 w Ev�cT" . ,. 1✓� G'..,ac ,
�zL391
Apt. 6S5 197 Germain Street
Saint John, NB E2L 2G1
7 October 2005
His Worship Mayor Norman McFarlane and Councillors
City of Saint John
PO Box 1971
Saint John, NB E2L 4L1
Dear Mr. Mayor and Councillors:
As a resident of the South End, I appeal to you to make the recycling programme convenient for all
of our residents. If it is impossible for the City to have a residential pick up, as is done in Halifax,
we would appreciate it if you could place the bins in two or three areas that are accessible to the
walking public. As you know, the south end extends from Broadview Avenue to City Road and
from Crown to Water Streets. Many of our residents don't have cars and are unable to walk to the
present site at the old Sugar Refinery property.
If you want our citizens to use the bins, you must make it convenient for everybody in the area
Thank you for your consideration of this matter.
Yours sincerely,
(Miss) Frances J. Morrisey
WE
Mayor and Council
City of Saint John. N.B.
C/o Common Clerk
If the city is serious about recycling we must have recycling bins in the South End and
uptown area.
The old sugar refinery parking lot site is not visible and not an appropriate location.
Many people have stopped recycling, not comfortable going to the present location as
you have to cross a busy highway, Broad Street• and proceed a quarter of a mile to reach
the recycling bins.
In several other locations in Saint John there are two or more recycling sites. They are in
business, shopping, and residential areas which the public visits daily. We in the South
End are the walking public, recycling bins should be located conveniently for the
taxpayers who walk daily. Recycling saves the city money.
The boundary of uptown and the South End is from Broadview Ave., to City Road and
from Crown St. to Water St., the peninsula is very large, bins should be accessible to all
areas. Take recycling "serious" or forget about us recycling.
Sincerely disgusted with lack of interest in uptown and South End.
e
tv A,
Mayor and Council
City of Saint John. N.B.
C/o Common Clerk
If the city is serious about recycling we must have recycling bins in the South End and
uptown area.
The old sugar refinery parking lot site is not visible and not an appropriate location.
Many people have stopped recycling, not comfortable going to the present location as
you have to cross a busy highway, Broad Street. and proceed a quarter of a mile to reach
the recycling bins.
In several other locations in Saint John these are two or more recycling sites. They are in
business. shopping, and residential areas which the public visits daily. We in the South
End are the walking public, recycling bins should be located conveniently for the
taxpayers who walk daily. Recycling saves the city money.
The boundary of uptown and the South End is &nm Broadview Ave., to City Road and
from Crown St. to Water St., the peninsula is very large, bins should be accessible to all
areas. Take recycling "serious" or forget about us recycling.
Sincerely disgusted with lack of interest in uptown and Soutar End. Y
�aL �Gl
Mayor and Council
City of Saint John. N.B.
C/o Common Clerk
If the city is serious about recycling we must have recycling bins in the South End and
uptown area.
The old sugar refinery parking lot site is not visible and not an appropriate location.
Many people have stopped recycling, not comfortable going to the present location as
you have to cross a busy highway. Broad Street, and proceed a quarter of a mile to reach
the recycling bins.
In several other locations in Saint Jobn these ate two or more recycling sites. They are in
business. shopping, and residential areas which the public visits daily. We in the South
End are the walking public, recycling bins should be located conveniently for the
taxpayers who walls daily. Recycling saves the city money.
The boundary of uptown and the South End is from Broadview Ave., to City Road and
from Crown St. to Water St, the peninstila is very largo, boas should be accessible to all
arras. Take recycling "serious" or forget about us tecycTtng.
Sincerely disgusted with lack of interest in uptown and South End.
Y_
tom'
re
n
U
Mayor and Council
City of Saint John. N.B.
C/o Common Clerk
If the city is serious about recycling we must have recycling bins in the South End and
uptown area.
The old sugar refinery parking lot site is not visible and not an appropriate location.
Many people have stopped recycling, not comfortable going to the present location as
you have to cross a busy highway, Broad Street, and proceed a quarter of a mile to reach
the recycling bins.
In several other locations in Saint John there are two or more recycling sites. They are in
business. shopping, and residential areas which the public visits daily. We in the South
End are the walking public, recycling bins should be located conveniently for the
taxpayers who walk daily. Recycling saves the city money.
The boundary of uptown and the South End is from Broadview Ave., to City Road and
from Crown St. to Water St., the peninsula is very large, bins should be accessible to all
areas. Take recycling "serious" or forget about us recycling.
Sincerely &gusted 'th lack of interest in uptown and South End. _ y
N � + S C6 S it s cn n, 41 e ti p,; I'Li -I Y
leer h . C 5 wti c i f S o ¢- C'- C .f c/ mow eM c! l� " �4 t� �,�. f
C C T� 1�. VV) C1 W eY Ct S "1 I 2'C P I JCW' 4
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4--j (� wd` ! '1 i' I- c,J ("Y/• c i S �' V ? �L.-W`t� ` I
1 J
k454 Sgotvvv gy-
LaLXN /
C Y-
.,.wM/os
Mayor and Council
City of Saint John. N.B.
C/o Common Clerk
If the city is serious about recycling we must have recycling bins in the South End and
uptown area.
The old sugar refinery parking lot site is not visible and not an appropriate location.
Many people have stopped recycling, not comfortable going to the present location as
you have to cross a busy highway, Broad Street, and proceed a quarter of a toile to reach
the recycling bins.
In several other locations in Saint John there we two or more recycling sites. They are in
business. shopping, and residential areas which the public visits daily. We in the South
End are the walking public, recycling bins should be located conveniently for the
taxpayers who walk daily. Recycling saves the city money.
The boundary of uptown
and the
South End is from Broadview Ave., to
City Road
and
from Crown St. to Water
Si., the
peninsula is very large, buts should be
accessible
to all
areas. Take recycling "serious" or forget about us recycling.
Sincerely disgusted with lack of interest in uptown and South End.
61L I I
Mayor and Council
City of Saint John, N.B.
C/o Common Clerk
i
If the city is serious about recycling we must have recycling bins in the South End and
uptown area.
The old sugar refinery parking lot site is not visible and not an appropriate location.
Many people have stopped recycl'urg, not comfortable going to the present location as
you have to cross a busy highway. Broad Street and proceed a quarter of a mile to reach
the recycling bins.
In several other locations in Saint John there are two or more recycling sites. They are in
business. shopping, and residential areas which the public visits daily. We in the South
End are the walking public, recycling bins should be located conveniently for the
taxpayers who walls daily. Rerycling saves the city motley.
The boundary of uptown and the South End is from Broadview Ave., to City Road and
from Crown St. to Water St., the peninsula dis very large, bins should be accessible to all
areas. Take recycling "serious" or forget about us recycling.
Sincerely disgusted with lack of interest in uptown and South End.
Cl[
t J
V
l
� ody Bay
k�'
Fundy Bay Festival Inc.
% Michel Giroux
P.O. 22003, Lansdowne Postal Outlet
Saint John NB E21K 4T7
s�ran�ti�u..s�
506- 642- 6777(temp)
October 11, 2005
Your worship Mayor Norman MacFarlane
And Common Council;
I am delighted to announce to you that a new Festival is being organized to celebrate
the many talents that Saint John and the Fundy Coast has to offer. A new non - profit
organization has been developed with an active 12 member board of directors. This
new organization is called the FUNDY BAY FESTIVAL INC. The citizens of Saint
John see a great need for another signature festival for our community and this is why
our organization came to be. We are now ready to move ahead with this festival
making this event Saint John's signature festival and eventually expanding it to a
Regional event.
On behalf of the Board of Directors, I would like to be added to the agenda for a
presentation on October 24, 2005 requesting your support.
Should you need to contact me regarding this application, I can be reached at
9d'> -9777
President
Fundy Bay Festival Inc.
i1 -, .r
/Jrnj.� ;'r, p ,
0�
George Smith
79 Willie Ave. a 5 3 AS
Saint John. N.B.
696-4737
City Council Saint John N.B.
I wish to appear before council to bring forth concerns I have with privacy matters at the Aquatic Centre. I
also wish to address the fraud that was perpetrated there. I also bring into question the staff of the Centre
and the commission running it. Although some councillors and the Mayor feel this is of no importance I
know it to be of vital importance in our democracy.
Thank you
George Smith. ~
CC: The telegraph journal.
�0,
Executive
Michael Barry
MD, FRCPC
President
Gregory Clark,
MD
Vice President
Glen Richardson,
MD, FRCSC
Secretary -
Treasurer
Paul Sohi, MD,
FRCPC
Winston Lee, MD
Stephen
Connolly, MD,
FRCSC
Brian Phillips, MD,
FRCSC
Scott Green, MD
Stephen Allaby,
MD
Atlantic Health Sciences Corporation
Corporation des sciences de la sante de I'Atlantique
MEDICAL STAFF ORGANIZATION
September 15`h, 2005
Mayor Norm McFarlane & Council
City of Saint John
15 Market Square
Saint John, NB
E21- 41-1
Dear Mayor McFarlane & Council:
Medical Staff Organization of Atlantic Health Sciences Corporation, at their
recent meeting, passed the following motion:
THAT MEDICAL STAFF ORGANIZATION OF ATLANTIC HEALTH SCIENCES
CORPORATION STRONGLY SUPPORTS THE RECREATIONAL FACILITIIES INITIATIVE
PROPOSED BY THE MAYOR'S COMMITTEE ON REGIONAL RECREATION AND URGES
REGIONAL CO- OPERATION.
We request that you note this motion at your next Council meeting.
Respectfully,
MichaelD, FRCPC
President, Medical Staff,
Atlantic Health Sciences
Corporation
I01 oo
October 12, 2005
Attention: Mayor Norm McFarlane and the city council of Saint John
There are some things that a person can control and there are some things that are just out
of our hands. When it comes to our own home, one hopes that they can fix or change things that
cause problems from day to day. Unfortunately, lately, I have felt that the things that take place
in my own home are beyond my control and this has affected me personally in a very negative
way.
I am a landlord in this city and own many properties and homes throughout the Saint
John area. My own home on Oakland Street is one of these homes and my wife and I share this
dwelling with two other families. Our tenants have been very happy with their places to date
however; there have been some major problems that have arisen particularly in the last year that
are causing us all a great deal of grief. This past weekend with the heavy rainfall was a weekend
that left me feeling very distraught and depressed over our situation here off of Rothesay Avenue;
our system is located on Marlborough Street near the Morland trailer park.
In the past year, there have been several calls made to the city and many conversations
have taken place between myself and city workers; in addition to those calls placed by my
tenants, particularly Jillian Little who lives in the downstairs portion of our home. On several
occasions, we have lost the ability to properly use our toilets, showers, washers, and so on due to
a back up in the drainage system off of Oakland Street. This past weekend was especially
difficult for us, spending considerable time making calls about the situation and not having a
solution until today; five days after the problem began. This has been deemed as an external
problem in our area and one that needs to be fixed immediately, Mr. Mayor and council members.
I purchased this property because of its convenience and draw some years ago. I am
concerned for the years ahead when my current tenants have homes of their own and I am left to
find new people that are willing to rent in my home, with all of these pressing problems that need
to be dealt with. Telling someone that they may not have use of their toilet and shower for
several days is not going to draw in tenants for me and this is out of my control. The city needs
to rectify these problems as soon as possible.
In closing, Mr. Mayor and city council, I am asking that something be done for the
residents of this area, particularly those with homes on Oakland Street, to make life a bit better.
We have kept quiet in our frustration for quite some time now but with the issues of this past
weekend, I cannot keep silent anymore. I have also asked my tenants to include letters to you
about their personal struggles, as the more voices that are heard, the more likely a change will
occur quickly. Thank you for your time and response to these issues.
Sincerely,' ",,
William Cook
Resident of 57 -1 Oakland St.
Saint John, N.B.
Eas ap9
10, ()
October 12, 2005
Attention: Mayor Norm McFarlane and the city council of Saint John
It has now been over five days since the rain has flooded and again receded in our city.
There have been many difficulties for individuals during this time, such as flooding, and I have
just been released from the major issue that has been plaguing my home since Friday night.
When I arrived home from work at noon today, I was finally able to flush my toilet, which I have
not been able to do since the rain began many nights ago. This might seem like a silly problem to
be bringing to your attention, Mr. Mayor and council members, however, this is not the first time
I have had these issues arise and I am sure it will not be the last, although it certainly should be.
Just over one year ago, my husband and I returned from teaching in Nunavut to look for
positions herein my home of Saint John. We found a great apartment just off of Rothesay
Avenue on Oakland Street. We are renting the basement level of a three family home and have
been very pleased with this place until this last incident, in addition to others dealing with the
location of our home and the work done by this city.
For the last several months we have endured long detours around the city to get to our
destinations, due to the excessive "repairing" of Rothesay Avenue which seems as if it will never
come to completion. The city was also made aware of our plumbing problems, which have been
deemed as external in nature, and as a result a new drainage system was put in, nearby Oakland
Street. This appears to not have fixed our problems and I have spent many moments on the
phone with the city in the last several days pleading for help with my plight. This also affects the
other people in my dwelling and my landlord, William Cook, has also been in close contact with
the city about this issue in particular.
In my frustration and constantly being told that the fide was the issue and it would only
be a matter of time before the waters drained out and everything would be back to normal, I was
told rather rudely by a Saint John customer service person to simply move. My husband is
teaching in Nunavut once again this year, Mr. Mayor and council, as there are not enough
teactnng posmons ror us nere in me city. 1 am supptymg each day, tookmg for work that is
permanent, and I explained to this ignorant individual that simply moving was not an option for
me at this time, nor could I afford to do so with paying off student loans and trying to get on our
feet in a responsible and sacrificial manner.
In closing, Mr. Mayor and city council, I am asking that more be done to sustain this area
in Saint John and to improve it for the citizens who live here. The issues that need to be dealt
with immediately to make life more bearable concern the water and sewage problems we have
during rainy days, not necessarily flood worthy rains either, and the constant construction on
Rothesay Avenue that never seems to be completed. I am not a person that looks for the
negatives in life but these things are making life very difficult for many people, not only myself.
I appreciate your response to these issues and I thank you for your time.
Sincerely,
1 � ))tt
Jillian Little
Resident of 57 -2 Oakland St.
Saint John, N.B.
11�a1 dP9
]D
Local 771, 1AFF P.O. Box
Saint John,
N.B.
E2L 3X1
Saint John Fire Fighters' aft771 @nbnet.nb.ca
Association
October 18, 200'6 , µ .
Mayor McFarlane & Members of Common Council
c/o Pat Woods, Common Clerk
City of Saint John
P. O. Box 1971
Saint John, N. B.
Dear Mayor & Council:
With reference to the grievance relating to the fit test, it is our contention that this is a
grooming issue rather than a health and safety concern. We are requesting that this
matter be referred to a Board of Arbitration pursuant to Article 21:07 of the Collective
Agreement.
Local 771's nomination for the Board is:
George Vair
1815 Manawagonish Road
Saint John, N. B.
672 -1412
Yours truly,
Lawrence J. Cook
Recording Secretary
Mayor Norm McFarlane
Deputy Mayor Michelle Hooton
Councillor Christopher Titus
Councillor Glen Tait
Councillor Peter McGuire
Councillor Jay -Young Chang
Councillor Stephen Chase
v Councillor Bill Farren
Councillor Carl White
Councillor Ivan Court
Councillor John Ferguson
I am writing to you regarding the proposed pipeline that will go through our parks and residential
neighborhoods. As a resident of the Milford area, I am strongly opposed to this pipeline route.
In the past year the people of Saint John have been kept in the dark about many aspects of the
L.N.G. project. To my knowledge when this sweet tax deal went through, it was never mentioned
about the possibility of a thirty inch gas pipeline coming through our city and parks. It would seem
to me that this would not be the thing that will attract people to our city, but rather to deter them.
To your knowledge has there been any other alternate routes discussed? Is it possible for this
pipeline to go underwater rather than through the city. Surely this route was not chosen because it
was the cheapest way to go.
Rockwood park has always been one of those special places where you could go to relax and
enjoy a day with your family. It would seem quite unfair to take this simple pleasure away from the
people.And how about Shamrock park? Do you realize how many of our schools use these
facilities? Which brings us to Milford. As I'm sure your well aware of, we have only one access in
and out of our area. The overpass that Louis Murphy fought very hard for, so that we would have
uninterupted traffic in and out of our area. What if something were to happen to this pipeline near
the overpass? What would the people in our area do?
I realize that there are regulations covering things like steel strength, and testing schedules. What
the regulations can not cover are outside forces. What about the guy digging with a backhoe, or a
boat with an anchor or even an earthquake? Did you know that nearly 60% of transmission
pipeline incidents, and 80% of distribution pipeline incidents are caused by " outside forces."
I realize that pipelines are built, monitored, and operated according to regulation. In North
America every couple of days, a natural gas pipeline incident occurs. Every four days someone is
injured, every seventeen days someone dies. Since 1986 in the U.S. there have been
approximatley 3140 incidents, 1407 injuries and 322 deaths from natural gas pipalines. What
about the pipelines that are controlled remotely, what happens if the communications links fail
from the pipeline to the control centre?
As a resident of Milford, and a tax payer in the city of Saint John, I hope that you the Mayor and
Councillors will take a good look at this proposed pipeline. I would be appaled to think that even
for a brief time that you would entertain the thought of allowing this pipeline to come through our
parks, past our schools and churches, through our residential neighborhoods and disrupt our
lives.
Thank -you for your time. In closing I would like to leave you with two little words to think about "
What If. Of
Sincerely
C. as 9Q%% Cv ' L'�
October 16, 2005
Mayor and Council
City of Saint John
a P.O. Box 1971
O\ Saint John, N.B.
1 E2L 4L1
Subject: Renegotiate levies for Fieldstone Estates, Millidgeville
Mayor and Council
With councils blessing we are requesting to meet with City staff to renegotiate the levies
that are being applied to Fieldstone Estates.
Two years ago our company, Maber & Somerville Joint Venture Ltd negotiated a levy
in the amount of $ 4420 per lot for Fieldstone Estates. The reason for the levy was to help
the City of Saint John off set some of the costs associated with extending the water and
sewerage out Sandy Pt Road
It should be noted that the original amount first discussed for the levy was in the vicinity
of $ 1120 per lot but however ended up quadrupling as the services extension project
unfolded.
This levy has put our company in a very non competitive situation for the following
reasons:
We are competing with 4 other developments in the Millidgeville area, none of
which pay any sort levy
The cost of building roads and servicing lots has increased substantially, so
much so that of the $ 6000 per lot grant that council recently approved , $ 5700
of that per lot grant will go to pay for pipe materials leaving us with an actual
incentive of approx $ 300 per lot.
The amount of rock we have had to blast and remove has substantially increased
our costs.
The real pay back for the City of Saint John will come through the property
assessments as our lots are sold and built upon. The proposed homes to be built will
have assessed values in the range of $ 350,000 to $500,000 plus.
A timely response to this request would be greatly appreciated as we are now servicing
the first phase (18 lots) and will want to register these lots in the near future.
Sincerely,
Andrew D Somerville
Maher & Somerville Joint Venture Ltd