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2013-02-25_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting REVISED AGENDA Monday, February 25, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Minutes of February 11, 2013 1 -5 2.2 Minutes of February 18, 2013 6 - 11 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 6. Members Comments 7. Proclamation 7.1 Freedom to Read Week - February 24 to March 2, 2013 12-12 7.2 Nutrition Month - March 2013 13-13 8. Delegations / Presentations 9. Public Hearings Powered By: ['� ���]E- 1 10. Consideration of By -laws 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Demolition of a Vacant, Dilapidated and Dangerous Building at 54 -56 Victoria St (tabled on Feb 11, 2013) 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 16.1 Presentation: Introduction Business Case Methodology - Public Private Partnerships (Forwarded from Feb 21, 2013) 16.2 City Manager: Development Approval Process Review 16.3 City Manager: Loch Lomond Rd (Russell St. to Westmorland Rd) - Water, Sanitary and Storm Sewer Renewal and Road Reconstruction 16.4 City Manager: Roundabout at Simms Corner 16.5 City Manager: Trucks on Chesley Dr. and Douglas Ave. 16.6 City Manager: Acting City Manager 16.7 City Manager: Proposed Municipal Services Easement 400 Mount Pleasant Ave. 16.8 City Manager: Purchase and Sale Agreement Portions of Civic #40 and #42 Loch Lomond Rd. 16.9 City Manager: Street Dedication - Peel Plaza 16.9.1 Street Dedication - Peel Plaza (City Solicitors Office) 16.10 Commissioner of Finance: Capital Financing 17. Committee of the Whole 17.1 Committee of the Whole: Atlantic Potash Corporation ('APC') Land Transaction (Presentation: McAllister Fertliizer Production Facility) 2 14 -44 INIM-ffiel 90-92 93-95 96-97 98-99 100-100 101 -104 105-124 125-126 127-129 130-132 133- 161 17.2 Committee of the Whole: Recommended Appointments to Committees 162-162 17.3 Committee of the Whole: Amendment to Council Resolution of October 29, 163-163 2012 18. Adjournment 3 City of Saint John Common Council Meeting Monday, February 25, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffi6re communale au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of section 10 of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8t" Floor Boardroom City Hall 1.1 Employment Matter 10.2(4)0) 1.2 Land Matter 10.2(4)(d) 1.3 Financial Matter 10.2(4)(c) 1.4 Personal Matter 10.2(4)(b) 4 The City of Saint John S6ance du conseil communal Le lundi 25 f6vrier 2013 Salle du conseil, 18 h Comit6 pl6nier 1.Ouverture de la s6ance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Chacun des points suivants, en totalite ou en partie, peut faire 1'objet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil /comite prendra une ou des decisions a cet egard au cours de la seance publique 16 h 30 — Salle de conference, 8e 6tage, h6tel de ville 1.1 Question relative a 1'emploi — alinea 10.2(4)j) 1.2 Question relative aux biens -fonds — alinea 10.2(4)d) 1.3 Question financiere — alinea 10.2(4)c) 1.4 Question relative au personnel — alinea 10.2(4)b) S6ance ordinaire 1. Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 11 f6vrier 2013 2.2 Proces- verbal du 18 f6vrier 2013 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 6. Commentaires pr6sent6s par les membres 7. Proclamation 7.1 Semaine de lecture en toute liberte du 24 f6vrier au 2 mars 2013 7.2 Le Mois de la nutrition — Mars 2013 8. D616gations et pr6sentations 9. Audiences publiques 10. Etude des arret6s municipaux 11. Interventions des membres du conseil 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 D6molition dun batiment vacant, d6labr6 et dangereux situ&e aux 54 -56, rue Victoria (point report& lors de la s6ance du 11 f6vrier 2013) 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 16. Ordre du jour suppl6mentaire 16.1 Pr6sentation : Introduction a la m6thodologie de 1'analyse de rentabilisation — Partenariat public -priv6 (point report6 de la s6ance du 21 f6vrier 2013) 16.2 Directeur g&n &ral : Examen du processus d'approbation relative a 1'am6nagement 16.3 Directeur g6n&ral : Renouvellement de la conduite d'eau principale, des &gouts sanitaires et des &gouts pluviaux et r6fection du chemin Loch Lomond (de la rue Russell au chemin Westmorland) 16.4 Directeur g6n6ral : Rond -point au coin Simms 16.5 Directeur g6n6ral : Circulation des camions sur la promenade Chesley et l'avenue Douglas 16.6 Directeur g6n6ral : Directeur g &n &ral par int6rim 16.7 Directeur g6n6ral : Projet de servitude pour services municipaux visant le 400, avenue Mount Pleasant 16.8 Directeur g&n&ral : Convention d'achat -vente visant les parcelles situ&es aux 40 et 42, chemin Loch Lomond 16.9 Directeur g6n6ral : Inauguration d'une rue — Place Peel 16.9.1 Inauguration d'une rue — Place Peel (cabinet de 1'avocat municipal) 16.10 Commissaire aux finances : Financement des immobilisations 17. Comit6 pl6nier 17.1 Comite plenier : Transaction avec Atlantic Potash Corporation (APC) relativement a une parcelle de terrain (presentation : installation de production d'engrais dans le parc industriel McAllister) 17.2 Comite plenier : Recommandations de nominations pour sieger aux comites 17.3 Comite plenier : Modification de la resolution du conseil communal datee du 29 octobre 2012 18. Levee de la seance 97- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 11, 2013/LE 11 FEVRIER 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — FEBRUARY 11, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; C. Graham, Comptroller; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Strategic Services; A. Poffenroth, Deputy Commissioner Building and Inspection Services, D. Cowan, Police Sergeant; K. Clifford, Fire Chief; J. Taylor, Assistant Common Clerk; and K. Tibbits, Administrative Assistant. Call To Order — Prayer Mayor Norton called the meeting to order and Rev. David McElhinney offered the opening prayer. 2. Approval of Minutes 3. Approval of Agenda On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the agenda of this meeting be approved with the addition of items 17.1 Committee of the Whole: 2011 -2014 Local 771 Collective Agreement; 17.2 Committee of the Whole: Potential Sale of Portion of City Owned Property — 80 University Avenue — Gorman Arena Site; and 17.3 Committee of the Whole: Recommended Appointments to Committees. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 8.1 Ambulance New Brunswick: Hands -Only CPR Demonstration Ambulance New Brunswick gave a Hands -Only CPR demonstration to members of Common Council. 9. Public Hearings 7:00 P.M. 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Winter Overnight Parking Restriction Re: Woodville Road (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that Common Council refer the current Winter Overnight Parking Restriction exemption on Woodville Road, between Chapel 97- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 11, 2013/LE 11 FEVRIER 2013 Street and City Line to the City Manager for a staff report which considers the merits of cancelling the currently imposed exemption. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 50+ Friendship Games - Request for Grant On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the request for funding from the 50+ Friendship Games be referred to the City Manager. Question being taken, the motion was carried. 16. Supplemental Agenda the table. On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that items 16.1 to 16.10 be lifted from Question being taken, the motion was carried. 16.1 Saint John Transit Commission: Transit Bus Replacement On motion of Councillor Reardon Seconded by Councillor Farren RESOLVED that the request from the Saint John Transit Commission regarding the purchase of three new buses, be referred to the 2014 budget deliberations. Question being taken, the motion was carried. 16.2 Saint John Transit Commission: Implementation of New Service On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the report from the Saint John Transit Commission regarding the implementation of new service be received for information. Question being taken, the motion was carried. 16.3 MPNU Association: Representation on the Saint John SRP Board of Trustees On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the letter from the City of Saint John MPNU Association regarding representation on the Saint John SRP Board of Trustees be received for information. Question being taken, the motion was carried with Councillor Fullerton voting nay. 16.4 African Caribbean Society - Request for Sponsorship On motion of Councillor Farren Seconded by Councillor MacKenzie 2 97- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 11, 2013/LE 11 FEVRIER 2013 RESOLVED that the request for sponsorship from the African Caribbean Society be referred to the City Manager. Question being taken, the motion was carried. 16.5 Approval of Minutes - January 28, 2013 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the minutes of the meeting of Common Council, held on January 28, 2013, be approved. Question being taken, the motion was carried. 16.6 Approval of Minutes - January 30, 2013 On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the minutes of the meeting of Common Council, held on January 30, 2013, be approved. Question being taken, the motion was carried. 16.7 Saint John Water - 2012 Annual Wastewater Report On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -017: Saint John Water— 2012 Annual Wastewater Report Common Council receive and file this report and authorize staff to forward the 2012 Saint John Water - Annual Wastewater Report to the Department of Environment and Local Government on behalf of the City of Saint John (Approval Holder). Question being taken, the motion was carried. 16.8 Advanced Metering Infrastructure and Water Meter Renewal Referring to a submitted report, Mr. Woods commented that the replacement of the meters is for industrial, institutional and commercial customers only, not for residential users. Mr. Kendall Mason, Deputy Commissioner of Saint John Water, responded to questions from members of Common Council. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -008: Advanced Metering Infrastructure and Water Meter Renewal the proposal from Scotia Tech Fluid Services for the installation of the Sensus FlexNet advanced meter infrastructure and the replacement of approximately 1,716 water meters in the amount of $1,256,033.50 plus HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried with Councillor Fullerton voting nay. 16.9 Contract 2011 -11: Marsh Creek -New Collector Sewer and 600mm Sanitary Force Main Installation On motion of Councillor Strowbridge Seconded by Councillor Reardon RESOLVED that the report M &C 2013 -018: Contract 2011 -11: Marsh Creek - New Collector Sewer and 600mm Sanitary Force Main Installation, be received for information. 3 97- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 11, 2013/LE 11 FEVRIER 2013 Question being taken, the motion was carried. 16.10 Contract 2011 -9: Crown Street - Sanitary Lift Station #8 & Force Main On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the report M &C 2013 -019: Contract 2011 -9: Crown Street - Sanitary Lift Station #8 & Force Main, be received for information. Question being taken, the motion was carried. 16.11 Demolition of a Vacant, Dilapidated and Dangerous Building at 54 -56 Victoria Street (PID #376434) Item 16.11 was tabled and forwarded to the Common Council meeting of February 18, 2013. 17. Committee of the Whole 17.1 Committee of the Whole: 2011 -2014 Local 771 Collective Agreement On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the Committee of the Whole, having met on February 11, 2013, the Mayor and Common Clerk be authorized to execute the submitted collective agreement between the City and IAFF Local 771, for the term of January 1, 2011 to December 31, 2014. Question being taken, the motion was carried. 17.2 Committee of the Whole: Potential Sale of Portion of City Owned Property — 80 University Avenue — Gorman Arena Site On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the Committee of the Whole, having met on February 11, 2013: 1. Common Council deem the property identified as civic number 80 University Avenue, bearing SNB Parcel Identifier Number 42036, excluding the immediate area including and surrounding the Charles Gorman Arena, as illustrated on the plan submitted with the report to Committee of the Whole dated January 29, 2013 to be surplus to the City's needs (the "Subject Lands "); 2. The City consent to the application by Shannex RCL Limited for an amendment to the Municipal Plan and a rezoning of the Subject Lands, on the express condition that the City is not explicitly or implicitly obligated to approve any such amendment to the Municipal Plan or the rezoning; 3. The City grant to Shannex RCL Limited, by its authorized representative or agents, a right of access to the Subject Lands for the purpose of carrying out such inspections, surveys, testing's and environmental audits as Shannex RCL Limited shall deem necessary, on the terms and conditions set out in the Early Access Agreement submitted with the report to Committee of the Whole dated January 29, 2013; 4. The Mayor and Common Clerk be authorized to execute the said Early Access Agreement on the City's behalf. Question being taken, the motion was carried. 17.3 Committee of the Whole: Recommended Appointments to Committees On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole, having met on February 11, 2013, the resolution of Common 4 97- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 11, 2013/LE 11 FEVRIER 2013 Council dated January 28, 2013 making appointment to the Board of Trustees of the City of Saint John shared risk plan be amended by deleting the following: "to appoint Kathy Craig, Allan Lock, Ian Polley, and John de Gruyter each for a three year term from February 1, 2013 to February 1, 2016 or any lesser term as required by the terms of reference of the new Pension Board of Trustees to ensure continuity of membership for the long term;" and substituting the following: RESOLVED that notwithstanding the Council resolution of October 29, 2012 respecting the term of appointment to agencies, boards and commissions "Kathy Craig, Allan Lock, Ian Polley, and John de Gruyter each be appointed to the board of trustees of the City of Saint John shared risk pension plan for a term of four (4) years commencing as of February 1, 2013." Question being taken, the motion was carried with Councillor Fullerton voting nay. 18. Adjournment On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the Common Council meeting of February 11, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:00 p.m. Mayor / maire Assistant Common Clerk / greffier communal adjoint 5 97- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 18, 2013/LE 18 FEVRIER 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — FEBRUARY 18, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; F. Beaulieu, Solicitor; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner Strategic Services; A. Poffenroth, Deputy Commissioner Building Inspection; D. Cowan, Police Sergeant; K. Clifford, Fire Chief; J. Taylor, Assistant Common Clerk; J. Beltrandi Chown, Administrative Assistant. Call To Order — Prayer Mayor Norton called the meeting to order and Rev. Edward Powell from the Grand Bay Baptist Church offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of February 1, 2013 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeting of Common Council, held on February 1, 2013, be approved. Question being taken, the motion was carried. 2.2 Minutes of February 4, 2013 On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the minutes of the meeting of Common Council, held on February 4, 2013, be approved as amended. Question being taken, the motion was carried. 2.3 Minutes of February 5, 2013 On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on February 5, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the agenda of this meeting be approved with the addition of items 17.1 Committee of the Whole: Recommendation to Schedule a Council Meeting; and 17.2 Committee of the Whole: Appointment of an Alternate Trustee to the Pension Board. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Councillor Norton declared a conflict of interest with item 16.10 One Change Inc. Proposal - C.E. Nicolle Community Centre Management and Operations. A 97- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 18, 2013/LE 18 FEVRIER 2013 5. Consent Agenda 5.1 That the letter from the Minister of Public Safety and Solicitor General regarding the SCAN Program be received for information. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the recommendation set out in the consent agenda be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 YMCA Strong Kids Month February 18 to March 18, 2013 The Mayor proclaimed the month of February 18 to March 18, 2013 YMCA Strong Kids Month in the City of Saint John. 8. Delegations /Presentations 9. Public Hearings 7:00 P.M. 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Innovation & Entrepreneurship (Mayor Norton) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Council direct that through the office of the City Manager a report be prepared on the feasibility, associated parameters and advisability of establishing an innovation and entrepreneurships fund by allocating a portion of the 2014 through 2016 Operating Budgets for the exclusive purpose of fostering and encouraging innovation and entrepreneurship by our City Services and their respective employees. Question being taken, the motion was carried. 11.2 Main Street North (Councillor MacKenzie) On motion of Councillor MacKenzie Seconded by Councillor Farren RESOLVED that the letter from Councillor MacKenzie entitled Main Street North, be referred to the True Growth 2.0 Committee currently examining livable communities and the development of the urban core. Question being taken, the motion was carried. 11.3 Posting Pay Scales and Salary Ranges of City of Saint John Employee Positions - Titles (Councillor Norton) On motion of Councillor Norton Seconded by Deputy Mayor Rinehart RESOLVED that Council refer to the City Manager the request to post the pay scales and salary ranges by position /title for management, professional and non -union staff (e.g. Department Manager); CUPE Local 486 (e.g. Administrative Assistant); CUPE Local 18 (e.g. Labourer); and IAFF Local 771 (e.g. 1st Class Firefighter) on the City of Saint John website. Question being taken, the motion was carried. 11.4 Posting Pay Scales and Salary Ranges of City of Saint John Police Force Employee Positions - Titles (Councillor Norton) 7 97- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 18, 2013/LE 18 FEVRIER 2013 On motion of Councillor Norton Seconded by Councillor Merrithew RESOLVED that Council refer to the Saint John Police Commission the request to post pay scales and salary ranges by position /title for management (e.g. Inspector) and uniformed officers (e.g. Constable 1) to the Saint John Police Force website. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 City Manager: Demolition of a Vacant, Dilapidated and Dangerous Building at 54 -56 Victoria Street (Tabled February 11, 2013) Mr. Woods advised that there continues to be progress on this file and he requested that the item remain tabled. Responding to a question, Ms. Poffenroth stated that the Province provides funding for the demolition of dilapidated buildings but does not reimburse for staffing costs unless outside assistance is required. She indicated that they will consider innovative methods to recoup costs associated with demolition not covered by the reimbursement received from the Province. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that items 16.1 to 16.10 on the supplemental agenda be lifted from the table. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that item 16.10 One Change Inc. Proposal — C.E. Nicolle Community Centre Management and Operations, be moved forward on the agenda. Question being taken, the motion was carried (Councillor Norton withdrew from the meeting) 16.10 One Change Inc. Proposal - C.E. Nicolle Community Centre Management and Operations The City Manager reviewed the contents of the submitted report. Scott Crawford, President of ONE Change, appeared before Council and responded to questions. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -021: One Change Inc. Proposal - C.E. Nicolle Community Centre Management and Operations: 1) Common Council accept the ONE Change Proposal under the terms of the submitted agreement to operate the C.E. Nicolle Community Centre; and 2) Common Council approve the additional budget needed in 2014 as outlined in this report in principle and refer this to the 2014 operating budget; N 97- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 18, 2013/LE 18 FEVRIER 2013 3) The City Solicitor be directed to prepare all necessary documents outlining the terms and conditions for a new agreement; and 4) That the Mayor and Common Clerk be authorized to sign any required contract documents. Question being taken, the motion was carried. (Councillor Norton reentered the meeting) 16.1 NB Youth Orchestra Funding Request On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that the request for funding from the NB Youth Orchestra be referred to the City Manager. Question being taken, the motion was carried. 16.2 Letter of Support for Highway Signage Change (Mayor Norton) On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that Saint John Common Council authorizes the Mayor to send a letter of support for Highway Signage Change in the submitted format. Question being taken, the motion was carried. 16.3 Show of Support and Recognition of Efforts to the Province of New Brunswick (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that Council send a letter under the Mayor's signature to Premier David Alward to express Council's support for the work that the Premier and his Government are doing to promote the possibilities of Saint John's energy resources in an environmentally safe manner and that Council's support also extends to the private corporations that are assisting the government; and RESOLVED that Council support the Mayor in taking a leadership role in promoting these energy opportunities and that the City will be open to offering our senior staff and knowledgeable resources should an opportunity arise. Question being taken, the motion was carried. 16.4 Canadian Cancer Society Request to Present On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the request to present regarding the upcoming Daffodil Campaign from the Canadian Cancer Society be referred to the Clerk for scheduling. Question being taken, the motion was carried. 16.5 Teachers of English as a Second Language of New Brunswick - Request for City Swag / Donations On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that the request for donations from the Teachers of English as a Second Language of New Brunswick be referred to the Destination Marketing Organization. Question being taken, the motion was carried. 9 97- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 18, 2013/LE 18 FEVRIER 2013 16.6 Learn and Go - Working for Change, Request to Present On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that the Learn & Go Working for Change 2012 report be received for information and that Council thank the Urban Core Support Network for their important work in the community. Question being taken, the motion was carried. 16.7 All Star Game Funding (Mayor Norton) On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that any funds received by the City of Saint John from the Department of Economic Development in support of the Saint John Mill Rats All Star Weekend be received into general revenue and that the City of Saint John pay an amount equal to that received from the Department of Economic Development to the Saint John Mill Rats in support of the All Star Weekend. Question being taken, the motion was carried. 16.8 M &C 2013 -022: Engineering Services - Fairville Boulevard Watermain Renewal Mr. Edwards explained that Council's directed staff to call for proposals for engineering services respecting the Fairville Boulevard Watermain, noting that the City received a total of ten proposals. He stated that a comprehensive analysis of the proposals was undertaken based on completeness, methodology, value added, experience of the company, experience of the employees and cost. He advised that the parameters were assessed by city staff, noting that CBCL Limited was determined to be the best applicant with a proposal cost of $149,996.00. Responding to a question, Mr. Edwards indicated that the engineering fee was on the higher end of the normal range, explaining that it was partially due to the request for proposals approach. He noted that under a direct engagement approach the City has the opportunity to discuss the cost with the proponent and negotiate downward. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -022: Engineering Services - Fairville Boulevard Watermain Renewal the proposal from CBCL Limited for engineering design and construction management services for the Fairville Boulevard Watermain Renewal project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. 16.9 M &C 2013 -023: Ice Machine Replacement On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -023: Ice Machine Replacement, the tender for the supply of two (2) ice machines be awarded to Resurfice Corp. at a price of $85,500 plus HST per machine, for a total amount of $171,000 plus HST. Responding to a question regarding buying a machine from outside of the province, Mr. Woods advised that the City must follow the requirements of the Public Purchasing Act, which he noted states that the lowest bidder who meets the requirements of the bid should be awarded the contract. Question being taken, the motion was carried. 17. Committee of the Whole 10 97- COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 18, 2013/LE 18 FEVRIER 2013 17.1 Committee of the Whole: Scheduling of a Council meeting On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that an open session of Common Council be scheduled on Thursday, February 21, 2013 at 4:30 p.m. in the Council Chamber for the purpose of an information session with Price Waterhouse Cooper regarding the P3 process followed by a closed session of Common Council at 5:30 p.m. in the 8th floor boardroom at City Hall. Question being taken, the motion was carried. 17.2 Committee of the Whole: Candidates / Alternate Trustees — Shared Risk Pension Plan On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Schedule "B" of the Agreement and Declaration of Trust approved by Common Council at its meeting of January 28th 2013 be amended by deleting the three names identified therein as alternate trustees appointed by the City of Saint John. Question being taken, the motion was carried with Councillor Fullerton voting nay. On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that Cheryl Nolan be appointed as alternate trustee to the Board of Trustees of the Saint John Shared Risk Plan (SRP) for a four year term commencing February 1St, 2013. Question being taken, the motion was carried with Councillor Fullerton voting nay. 18. Adjournment On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that the Common Council meeting of February 18, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:00 p.m. Mayor / maire Assistant Common Clerk / greffier communal adjoint 11 The City of Saint John Mayor Mel Norton Mayor's Office Bureau du maire WHEREAS: WHEREAS: WHEREAS: PROCLAMATION the right to pursue the truth through free inquiry is essential to democratic decision - making; and the freedom to read is the essence of free inquiry; and the freedom to read is under assault from left to right in our society; NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby proclaim the week of February 24 th to March 2 , 2013 Freedom to Read Week in Saint John and recognize, reaffirm and defend the right of the citizens of this community individually to decide what he or she will or will not read (the freedom to read); and further in support of this decision, this Council, on behalf of the citizens of Saint John, proclaims this city henceforth a Freedom to Read Zone in which the freedom to read is inviolable. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. a n24- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4�L wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada F2L 4L1 4j Mayor Mel Norton Mayor's Office Bureau du maire SAINT JOHN WHEREAS: WHEREAS: PROCLAMATION The goal of National Nutrition month is to encourage all Canadians to eat well; Registered Dietitians are a trusted source of credible nutrition information and are launching a campaign focusing on helping consumers make healthier food choices; WHEREAS: Canadians are interested in healthy eating and want information to help them achieve this goal - dietitians offer nutrition resources as well as interactive tools on the Dietitians of Canada web site - www. dietitians. ca NOW THEREFORE: I, Mayor Mel Norton, / li of Saint John do hereby proclaim the month of March, 2013 Nutrition Month in Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada E2L 40 I www.saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1 OPEN SESSION M &C2013 -020 February 7, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT u „ City of Saint John Demolition of a vacant, dilapidated and dangerous building at 54 -56 Victoria Street (PID #376434) BACKGROUND The building at 54 -56 Victoria Street is a three- storey, dilapidated, vacant and unoccupied multi - family residential building. It has been in this state since August 11, 2011 when it was first noted as vacant. Staff has noted the building to be open on several occasions since becoming unoccupied. The building is located in a densely populated area of the City's north end. It is close to the Nick Nicolle Community Centre, the Main Street Baptist Church and Lorne Middle School. The building is also located in close proximity to its neighbouring buildings on the right and left sides, and these are both three- storey multi - family residential buildings - the one on the left being occupied. The building has been open to casual entry on several occasions and when staff was last in the building in April 2012, it was noted that the roof is leaking, there was mold growth in the building, it was being occupied by animals, and there was debris and junk in the rear shed. The ground floor openings are now boarded over with plywood panels and there is no power to the building. It appears that the copper and plumbing have been stripped from the building and the electrical meters have been removed. The lack of natural lighting at the ground floor makes it difficult to see any obstacles and one could trip and fall over the debris in the rear shed. The plywood panel that had secured the rear door at one time had been torn off the building and this allowed staff to enter to determine the interior conditions. 14 M & C 2013 -020 - 2 - February 7, 2013 In the back yard, there is a large pile of debris that appears to be interior finishes and other household items that have been removed from the subject building. The debris contains sharp nails and other materials that could cause harm to anyone that may be in the back yard. As a note, during an inspection, children were seen using the yard as a shortcut to neighbouring properties, so they could be at harm should they fall or play near the debris. Additionally, debris can be used as fuel to a fire and there have been past fire incidents that were started when an item or debris was set on fire. In some situations, this has lead to other buildings in the area suffering extensive fire- damage and loss of property for other adjacent building owners. The building being located in a densely populated area and situated so close to the surrounding buildings means that a fire at the building could cause harm to property and people in adjacent buildings and in the neighbourhood in general. The owner does not reside in the province and had a property manager in place. Past contact with the previous property manager requesting that the building be secured and the yard cleared of all debris has not lead to sufficient suitable actions to remedy the conditions. The building has been left in a neglected and abandoned state. The building and the premise are considered a danger to public safety, by reasons of dilapidation and vacancy. For these reasons, a Notice to Comply was issued on October 25, 2012. The building was posted on November 1, 2012 and the owner was called on that same day, to inform her of the issued Notice having been posted at her building. On November 2, 2012, the Notice was sent via registered mail to the owner and on November 26, 2012, it was returned by Canada Post as unclaimed, despite confirmation of the owner's address during the phone call. The Notice was scanned and sent via email to the owner and she responded to the Notice via email. As previously stated, it was posted at the building as a means of acceptable service as per section 190.011 of the Municipalities Act. Therefore, the Notice required compliance by January 2, 2013. No appeal hearing was applied for. Inspections of the property were conducted on January 4, 2013 and February 1, 2013. Both inspections found that the condition of the building and premise had not changed. The owner has been in contact with staff since having received the Notice. She informed staff via email to proceed with demolition. At the advice of the City Solicitor's Office, staff also ensured that the mortgagee was informed through email and registered mail that the building had been posted with the Notice to Comply and that staff was proceeding with a report for Common Council with a recommendation to have the building demolished. Attached for Council's reference are the Notice to Comply that was issued and the affidavit attesting to the posting of the building. Also attached is the owner's email to staff and recent photographs of the building. The Municipalities Act indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation, unsoundness of 15 M & C 2013 -020 3, February 7, 2013 structural strength, or being vacant or unoccupied, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached, forming part of the issued Notice to Comply, and provides the evidence to the building's vacancy and dilapidation and resulting hazard to the safety of the public. As is written in the Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at this property. Cost of the demolition work is approximated at $15,000 to $20,000 and will take about 2 -4 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owner. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the building at 54 -56 Victoria Street (PID #376434), in accordance with the applicable City purchasing policies. Respectfully submitted, 40 J--w- �oll�i Pamela Bentley, P.Eng. Technical Services Engineer Growth and Development Services Amy Poffe o , P.Eng., MBA Acting Commissioner and Building Inspector Growth and Development Services ck Woods, CGA City Manager 16 January 4, 2013 Photo 1 January 4, 2413 I?j Photo 2 s Y f I JW-AW" 4p ,-Afar January 4, 2013 54-56 Victoria Street 19 Photo 3 January 4, 2013 Photo 4 January 4, 2013 54 -56 Victoria Street Photo 5 21 January 4, 2013 22 Photo 6 January 4, 2013 54 -56 Victoria Street 23 Photo 7 0 r t � 7� APO i --"q F!;62 February 1, 2013 54 -56 Vittoria Street l one Bentley, Pamela From: shelagh michalski [shelaghmichalski @yahoo.cal Sent: Monday, November 26, 2012 8:51 PM To: Bentley, Pamela Subject: Re: Notice to Comply fibr 5.456 Victoria St Letter sent last week pertaining to building on Victoria. You're most welcome to tear it down anytime you like. Hello Pamela, I think it might as well be faced that my building on Victoria St. It looks am faced with the difficult decision t torn down. Since I am faced with those will have to be torn down. So that is Sincerely, Shelagh Michalski From: "Bentley, Pamela" <Pamela.BentleyCaD-saintiohn.ca> To: 'shelagh michalski' <shelaghmichalski(d)vahoo.ca> Sent: Monday, November 26, 2012 11:19:55 AM Subject: Notice to Comply for 54-56 Victoria St there will be no more work done on as though it won't sell either. I o lose it completely by having it choices, it looks as though it my answer to the city. On November 1, 2012,1 called to inform you that a Notice to comply had been issued and posted at your building at 54 -56 Victoria Street. I sent the notice via registered mail to your address, however, it was returned by Canada Post this morning. I have attached a copy of the Notice in lieu of sending it again via Canada Post. Please be advised that this has been posted at the building as of November 1" and therefore, compliance is required by January 2, 2013. Pamela Bentley 25 FORM 1 NOTICE TO COMPLY (Municipalities Act, R.S.N.B. 1973, c.M -22, s.190.01(3)) Parcel Identifier: 376434 FORMULE 1 AVIS DE CONFORMTI'1J (Loi sur les municipalttds, L.R.N.-B. de 1973, ch. M -22, par. 190.01(3)) Numbro d'identification de la parcelle : 376434 Address: 54 and 56 Victoria Street, Saint John, New Adresse : 54 et 56, rue Victoria, Saint John, Nouveau - Brunswick Brunswick Owner(s) or Occupier(s): Name: Michalski, Shelagh Elizabeth Address: 175 Neza Road, Lake Cowichan, British Columbia, VOR 2GO Municipality issuing notice: The City of Saint John By -law contravened: Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By- law Number M -30 and amendments thereto (the "By- law"). Provision(s) contravened: Paragraphs 190.01(1)(a), 190.010 .1) and 190.01(2) of the Municipalities Act, and amendments thereto. Description of condition(s): The premise is unsightly by permitting junk, rubbish and construction material to remain on the premise. The building has become a hazard to the safety of the public by reason of being vacant or unoccupied, and, has become a hazard to the safety of the public by reason of dilapidation and unsoundness of structural strength. The conditions of the building and premises are described in Schedule "A ', a true copy of the inspection report dated October 12, 2012 prepared by Pamela Bentley, P. Eng., By -law Enforcement Officer and reviewed by Amy Poffenroth, P.Eng., By -law Enforcement Officer. Remedy or remedies required: The owner is to remedy the conditions by complying with the required remedial actions of the aforementioned inspection report and bring the building and premises into compliance with the aforesaid By -law. In the event that the owner does not remedy the condition of the building and premises in the time prescribed by this Notice to Comply, the building may be demolished as the corrective action to address the hazard to the safety of the public and the premises may be cleaned up. In the event of demolition, all debris and items on the Premises will be disposed of as the corrective action to address the hazard to the safety of the public. The aforementioned remedial actions relating to the demolition of the building and the disposal of debris and 26 Propri6taire(s) ou occupant(s) : Nom: Michalski, Shelagh Elizabeth Adresse : 175, chemin Neza, Lake Cowichan, Colombie- Britannique, VOR 2GO Municipality signifiant Pavis : The City of Saint John Arret6 enfreint : Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux de Saint John, Arr&6 numdro M -30, ainsi que ses modifications ci- aff6rentes (1' « Arret6 >>). Disposition(s) enfreinte(s) : Les paragraphes 190.010)(a), 190.01(1.1) et 190.01(2) de la Loi sur les municipalites, ainsi que les modifications aff6rentes. Description de la (des) condition(s) : Les lieux sont inesth6tique en permettant la presence de ferraille, de ddtritus et une accumulation de r6sidu du construction. Le batiment est devenu dangereux pour la s6curit6 du public du fait de son inhabitation ou de son inoccupation et, est devenu dangereux pour la s6curit6 du public du fait de son d6labrement et de son manque de solidit6. Les conditions du batiment et des lieux sont d&rites a Pannexe «A», une copie conforme du rapport d'inspection en date du 12 octobre 2012 et proar6 par Pamela Bentley, ing., une agente charg6e de 1'ex6cution des arret6s municipaux et r6vis6 par .Amy Poffenroth, ing., une agente charg6e de 1'ex6cution des arret&s municipaux. Mesure(s) A prendre : La propridtaire doit restaurer les conditions en se conformant aux recommandations du rapport d'inspection susmentionn6 et d'amener le batiment et les lieux en conformit6s avec 1'Arr6t6. Dans 1'dventualit6 que la propri6taire ne rem&diait pas le batiment et les lieux daps le temps prescrit par le present avis de conformit6, le batiment pourra titre d6m0li comme mesure corrective compte tenu qu'il repr6sente un danger pour is s6curit6 du public et les lieux pourront titre nettoy6s. Dans 1'dventualitd de demolition, tous les debris et autres items sur les lieux seront dispos6s comme mesure corrective dans le but de rem6dier le danger pour la s6curitd du public. Les mesures correctives susmentionn6es relativement A la d6molition du batiment et la disposition des debris items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur:1 a) The demolition of the building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. et autres items sur les lieux ne comprennent pas le nettoyage, la remise en &tat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective daps le but de contr6ler ou de r6duire, d'61iminer le d6versement, de modifier le mode de d6versement ou le d6versement d'un polluant daps ou sur 1'environnement ou toute partie de Penvironnement. Date i laquelle la ou les mesures doivent titre prisesi : a) La &molition du batiment et le nettoyage des lieux doivent titre complet66s, ou A laquelle les plans et demande de permis pour les mesures des r6parations, doivent titre soumises, daps les 60 jours qui suivent la signification de Pavis de conformit6. b) The repair related remedies must be complete b) Les r6parations reli6es aux mesures doivent within 120 days of being served with the Notice titre comp16t6es daps les 120 jours qui to Comply. suivent la signification de Favis de conformit6. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall — 8`h Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non - compliance within specified time:2 Paragraph 190.03(1) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part H of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Municipality's authority to undertake repairs or remedy:3 Subparagraphs 190.04(1)(a), 190.04(1)(a.1) and 190.04(1)(b) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 of the said Act and that an owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building of that owner or occupier to be repaired or demolished, and the cost of carrying out such work, including any related charge or fee, is chargeable to the 27 Date i laquelle un appel de 1'avis pent titre d6pos6: Dans les 14 jours qui suivent la notification de 1'avis de conformit6. Processus d'appel : La propri6taire peut dans les 14 jours qui suivent la notification de Pavis de c0nformit6, envoy6 un avis d'appel par courrier recommand6 A la greffi6re communale de la municipalit6, A The City of Saint John, edifice de Ph6tel de ville, 8` 6tage, 15 Market Square, Saint John, Nouveau - Brunswick, E2L 4LL Penalit6 possible pour nom- conformit6 daps le d61ai prescrit2 : Le paragraphe 190.03(1) de la Loi sur les municipalites pr6voit quiconque omet de se conformer aux exigences formul6es daps un avis de conformit6 notifi6 aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punishable en vertu de la Partie 11 de la Loi sur la procedure applicable aux infractions provinciales i titre d'infraction de la classe F. Lorsqu'une infraction pr6vue au paragraphe 190.03(1) se poursuit pendant plus d'une journ6e, Pamende minimale qui peut 8tre impos6e est 1'amende minimale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels Pinfraction se poursuit conform6ment A Fahn6a 190.03(1.2)(b)(i). Pouvoir de la municipalite d'entreprendre les reparations on de prendre les mesures3 Conf6rm6ment aux ahn6as 190.04(1)(a. 190.04(1)(a.l) et 190.04(1)(b) de la Loi sur les municipalites, si uia avis de conformit6 a 6t6 signifi6 aux termes de Particle 190.011 de ladite loi et, que le propri6taire ou Foccupant ne se conforme pas A cet avis de conformitd daps le d6lai imparti et tel qu'il est r6put6 confirm6 ou tel qu'il est confirm6 ou modi6 par un comit6 du conseil ou par un juge en vertu de Particle 190.021 de ladite loi, la municipalit6 peut faire nettoyer ou r6parer les lieux de ce propri6taire ou de cet occupant on de faire r6parer ou d6molir la propri6t6 de ce propri6taire ou de cet occupant, et les owner or occupier and becomes a debt due to the frais relatifs a 1'ex6cution de ces travaux, y compris municipality. toute redevance ou tout droit aff6rent, soot a la charge du propri6taire ou de l'occupant et deviennent une cr&ance de la municipality. Dated at Saint John the. day of October, 2012. Municipality: The City of Saint John Signature of Municipal Officer: Municipal Officer's Contact information: Name: Pamela Bentley Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10'h Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658 -2911 Telecopier: (506) 637 -6149 Email: pamela. Seal of munici] Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Fait a Saint John le _ octobre, 2012. Municipalite : The City of Saint John Signature de la repr6sentante municipale: Coordonn6es de la representante municipale : Nom: Pamela Bentley Adresse postale: KN Departement aux services d'inspection et des batiments The City of Saint John 15 Market Square Edifice de 116tel de ville, 10' 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 T616phone : (506) 658 -2911 T616copieur : (506) 632 -6199 Courriel: pamela.bentley @saintjohn.ca Sceau de la municipality Notes . 1. Tous les permis prescrits doivent titre obtenus et toute la legislation pertinente doit etre respectee, pendant 1'execution de la mesure de recours. 2. Le paiement de Pamende n'annule pas 1'obligation de respecter 1'arret6, ]a norme ou 1'avis de conformit6. 3. Les cofits deviennent une dette envers la municipalite et peuvent etre ajout& & 1'avis d'6valuation et d'imp6t foncier municipal et provincial. INSPECTION REPORT Schedule "A" 54-56 Victoria Street Saint John, New Brunswick PID# 376434 Inspection Date: October 1, 2012 Inspector: Pamela Bentley Introduction I hereby certify that this document is a true COPY 6f ft original. Dated at Saint John, I da this Y of gC Standa* Office Inspections of the property noted above have revealed that the building on the property is vacant and unoccupied, and dilapidated and has been open to casual entry. There is a large pile of debris and wood paneling in the yard at the back of the property and this creates a fire hazard as well as an unsightly condition. The building is a hazard to the safety of the public by reason of being vacant or unoccupied. Discussion The building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, By -law Number M -30, and amendments thereto (the "By- law"). Unsightly Paragraph 190.01(1) (a) of the Municipalities Act states: No person shall permit premises owned or occupied by$im or her to be unsightly by permitting to remain on any part of such premises any ashes, junk, rubbish or refuse. 1. The back yard of the property contains a large pile of debris made up of materials stripped from the interior of the building, including wood paneling, plywood, strapping and plaster. Additionally, there are several discarded kitchen appliances including stoves and refrigerators. The debris contains nails and other sharp objects that could cause harm to someone should they trip and fall on the debris. Additionally, the pile is located close to the house and could be used as fuel for a fire. It should be noted that wood paneling has a very high flame spread rating. and would ignite quickly. Other fires in the local area have been started in similar manners. Vacant and Unoccupied Paragraph 190-010. 1) of the Municipalities Act states: No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied. The building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1. The building has been left open to the public on several occasions since at least August 2011 when it was first noted as being vacant. During an inspection in April 2012, members of Building and Inspection Services were able to gain access to all areas of the building as the plywood at that had been covering the rear door had been ripped away. 2. It appears that the building has had much of the copper piping removed, the electrical heater stripped of the fins and the electrical entrance has been stripped of most of its operational equipment. These are typically signs of 29 vandalism and theft. Additionally, the secured plywood panel at the back of the house had been ripped off, so unwanted entry is being obtained. 3. There is a high risk of a fire event occurring at the building due to it being known to the public that it is vacant, and because of evidence that it is being accessed by the public. The potential of a fire event is also amplified because of combustible material that is piled in the rear yard. A fire at the property would be a hazard to the neighbouring buildings and their occupants. The buildings in this neighbourhood are close together and higher density residential homes, so the impact of a fire would be more severe to property and to public safety. 4. There is a concern for firefighter safety, in the event of a fire. Since the building has been open to the public in the past, it would be reasonable for firefighters to enter it in the event of a fire to check for people inside. 5. The building is known to be open to animals. In April 2012, members of the Buildings and Inspection Services Department noted that there were animal feces in the building and that at least one raccoon was present. This creates unsanitary conditions and potential health hazards to anyone who may be entering the building. Mould growth was also noted along the walls in several locations and this is also a health hazard to anyone who may be in the building. 6. The building is located in a densely populated area and within walking distance to the North End Community Centre, the Main Street Baptist Church, and the Lorne Middle School. The building is also approximately 2 metres from a multi -unit residential building at 52 Victoria Street and is directly adjacent to the sidewalk on Victoria Street. The building's vacancy and non- occupancy pose a hazard to the safety of the public because of the conditions stated above. Its proximity to these locations amplifies this hazard because of the amount of pedestrian traffic and population density in the area. Dilapidated Paragraph 190.01 (2) of the Municipalities Act states No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The buildings are hazards to the safety of the public by reason of dilapidation for the following reasons: 1. There is broken glass in several windows and on the floor inside. As the building is not secure, the broken glass poses a hazard to the safety of anyone entering the building because it could cause injury. 2. The roof is leaking as there was water and mould noted in several locations on the top floor. The water entering the building is causing accelerated deterioration of the building's interior and this can lead to decay and mold growth. The door at the first floor rear exit was ripped off and the opening was boarded with plywood which was also torn off the building. The lack of Protection from the elements is allowing the structure and the interior of the building to deteriorate at an accelerated rate, and may also lead to health hazards due to mould growth. 3. The general condition of the building's interior ground floor is hazardous as there is debris and junk covering the floor in several areas and particularly in the rear shed. One could trip or slip and fall as a result of the debris and cause injury to themselves. There is no lighting at the building and the ground level W windows are covered with sheets of plywood, so there is little natural lighting available, making the hazards undetectable. Additionally the debris and junk could fuel a fire. In its current state, the building is not suitable for human habitation and does not meet the requirements for minimum standards governing the condition, occupancy and maintenance of residential property as described in the Saint John Minimum Property Standards By -law, By -law Number M -14 and amendments thereto (the "Saint John Minimum Property Standards By- Iaw"), and/or the Residential Properties Maintenance and Occupancy Code Approved Regulation = Municipalities Act, New Brunswick Regulation 84-86, under the Municipalities Act and amendments thereto (the "Code" ). It therefore could not be occupied without extensive and potentially costly repair. 31 Required Remedial Actions The owner must comply with one of the two options stated below; Option l: Remedy the conditions of the building through all repair and remedial actions as follows: 1. The building must be completely repaired so it may become occupied while maintaining minimum standards as described by the Saint John Minimum Property Standards By -law and the Code. 2. The building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. 3. A detailed plan must be submitted to the Buildings and Inspection Services Department of the City of Saint Join (the "Department') for review and approval. This plan should also include a schedule for the work that is to be carried out. The repaired building must meet the National Building Code of Canada (2005) as well as other applicable codes. 4. The detailed plan, including schedules and reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By -law, By -law Number C.P. 101 and amendments thereto (the "Saint John Building By- law"). 6. The premise must be cleared of all debris found on the property, including any plywood, appliance and other rubbish that could be considered hazardous and/or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable by -laws, acts, codes and regulations. Option 2: Demolition of the building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By -law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be cleared and disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable by -laws, acts and regulations. 4 32 Prepared by: Pamela Bentley, P.Eng. Technical Services Engineer Growth and Development Services Reviewed by: Amy APoff APP. Eng., MBA Building Inspector Growth and Development Services 33 /z Z. al 2, Date "Op ■I '� ` This is Exhibit rE ' Referred to in the Affidavit of PAMELA M H BENTLEY Da , PC i LL 4a.( COMMISSIONER OF OATHS SC' {f,, rwl' swomb ore me at the City of MY COMMISSION EXPIRES C gar Saint John, New 3r nswick DECEMBER 31ST, 2013 y of rr Lr-1 x^ i' FORM 1 Commissioner of Oat s ORMULE 1 NOTICE TO COMPLY AVI E CONFORMITE (Municipalities Act, RS.N.B. 1973, (Loi sur les municipalitis, L.R.N.-B. de 1973, c.M -22, x.190.01(3)) ch. M -22, par. 190.01(3)) �G" PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN CITY OF SAINT JOHN IN THE MATTER OF THE BUILDING THAT IS LOCATED AT 54 -56 VICTORIA STREET, SAINT JOHN, N.B. (PID# 376434) SOLEMN DECLARATION OF SERVICE I, Darryl Berube, of the Town of Quispamsis, in the County of Kings and Province of New Brunswick solemnly declare: On the I" day of November, 2012, at approximately 11:05 a.m., I posted a copy of the attached Notice to Comply, marked Exhibit "A" and a copy of the attached Notice of Appeal, marked Exhibit `B" to the front door of the building that is located at 54 -56 Victoria Street, Saint John, New Brunswick. Solemnly declared before me at the City of Saint John, N.B., onthe day of /l!�-'V`y ?LAkt -,2012 PAMELA M H BENTLEY COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31sT. 2013 34 items on the premises do not include the carry -out clean- up, site rehabilitation, restoration of land, premises or personal property or other remedial action in order to control or reduce, eliminate the release, alter the manner of release or the release of any contaminant into or upon the environment or any part of the environment. Date by which the remedy or remedies must occur: z a) The demolition of the building, clean -up of the property and related remedies must be complete, or plans and permit applications for repair related remedies, must be submitted: within 60 days of being served with the Notice to Comply. b) The repair related remedies must be complete within 120 days of being served with the Notice to Comply. Date by which notice may be appealed: Within 14 days of being served with the Notice to Comply. Process to appeal: The owner may within 14 days after having been served with this Notice to Comply, send a Notice of Appeal by registered mail to the Common Clerk of The City of Saint John, City Hall --- 8t` Floor, 15 Market Square, Saint John, New Brunswick, E2L 4L1. Potential penalty for non - compliance within specified time:z Paragraph 190.03(1) of the Municipalities Act states that a person who fails to comply with the terms of the Notice to Comply given under Section 190.011 of the said Act, commits an offence that is punishable under Part R of the Provincial Offences Procedure Act as a category F offence. Where an offence under paragraph 190.03(1) continues for more than one day, the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues pursuant to subparagraph 190.03(1.2)(b)(i). Municipality's authority to undertake repairs or remedy:3 Subparagraphs 190.04(1)(a), 190.04(1)(a.1) and 190.04(1)(b) of the Municipalities Act states that if a Notice to Comply has been given under section 190.011 of the said Act and that an owner or occupier does not comply with the Notice to Comply, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 190.021 of the said Act, within the time set out in the Notice to Comply, the municipality may, cause the premises of that owner or occupier to be cleaned up or repaired, or cause the building of that owner or occupier to be repaired or demolished, and the cost of carrying out such work, including any related charge or fee, is chargeable to the et autres items sur les lieux ne comprennent pas le nettoyage, la remise en 6tat des lieux, des terrains ou des biens personnels ou toute autre mesure corrective dans le but de contr6ler ou de r6duire, d' 6liminer le d6versement, de modifier le mode de d6versement ou le d6versement d'un polluant dans ou sur Penvironnement ou toute partie de Fenvironnement. Date i laquelle la ou les mesures doivent titre prisesi : a) La demolition du bAtiment et le nettoyage des lieux doivent titre compl&66s, ou d laquelle les plans et demande de permis pour les mesures des r6parations, doivent titre soumises, dans les 60 jours qui suivent la signification de Pavis de conformit6. b) Les r6parations reli6es aux mesures doivent titre compl6t&s daps les 120 jours qui suivent la signification de Pavis de conformit6. Date i laquelle un appel de Pavis pent etre d6pos6: Dans les 14 jours qui suivent la notification de Pavis de conformit6. Processus d'appel : La propri6taire peut daps les 14 jours qui suivent la notification de Pavis de conformit6, envoy6 un avis d'appel par courrier recommand6 h la grefE&e communale de la municipalit6, a The City of Saint John, Edifice de 1'h6tel de ville, 8' 6tage, 15 Market Square, Saint John, Nouveau - Brunswick, E21, 4L1. Penalite possible pour non- couformit6 dans le d6lai prescrit2 : Le paragraphe 190.03(1) de la Loi sur les municipalites pr6voit quiconque omet de se conformer aux exigences formul6es dans un avis de conformit6 notifi6 aux termes de Particle 190.011 de ladite loi, commet une infraction qui est punissable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales A titre d'infraction de la classe F. 35 Lorsqu'une infraction prdvue au paragraphe 190.03(1) se poursuit pendant plus d'une journ&e, Famende minimale qui peut titre imposde est Famende minimale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels Finfraction se poursuit conform6ment a Falinda 190.03(1.2)(b)(i). Pouvoir de la municipalit6 d'entreprendre les reparations on de prendre les mesures3 : Conform6ment aux alin6as 190.04(1)(a), 190.04(1)(a.1) et 190.04(1)(b) de la Loi sur les municipalites, si un avis de conformit6 a 06 signifz6 aux termes de Particle 190.011 de ladite loi et, que le propri6taire ou Poccupant ne se conforme pas ii cet avis de conformit6 daps le d6lai imparti et tel qu'il est r6put6 confirm6 ou tel qu'il est confirm6 ou modi6 par un cornit6 du conseil ou par un juge en vertu de Particle 190.021 de ladite loi, la municipalitd peut faire nettoyer ou r6parer les lieux de ce propri6taire ou de cet occupant ou de faire r6parer ou d6molir la propribt6 de ce propri6taire ou de cet occupant, et les owner or occupier and becomes a debt due to the frais relatifs A 1'ex6cution de ces travaux, y compris municipality. toute redevance ou tout droit aif6rent, sont a la charge du propri6taire ou de l'occupant et deviennent une cr6ance de la municipalit6. Dated at Saint John theZ5 day of October, 2012. Municipality: The City of Saint John Signature of Municipal Officer: f�m'e'& Municipal Officer's Contact information: Name: Pamela Bentley Mailing address: Buildings and Inspection Services Department The City of Saint John 15 Market Square City Hall Building, 10`6 Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: (506) 658 -2911 Telecopier: (506) 61? -6l Aa Email: pamela. Seal of municij Notes: 1. All appropriate permits must be obtained and all relevant legislation must be complied with in the course of carrying out the required remedial action. 2. Payment of the fine does not alleviate the obligation to comply with the by -law, standard or notice to comply. 3. Costs become a debt due to the municipality and may be added to the joint municipal and provincial Real Property Assessment and Tax Notice. Fait a Saint John le _ octobre, 2012. Municipalit6 : The City of Saint John Signature de la repr6sentante municipale: Coordonn6es de la repr6sentante municipale : Nom: Pamela Bentley Adresse postale: 136partement aux services d'inspection et des batiments The City of Saint John 15 Market Square Edifice de Ph6tel de ville, 10' 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 T610hone : (506) 658 -2911 T616copieur : (506) 632 -6199 Courriel: pamela.bentley @saintjohn.ca W Sceau de la municipalit6 Notes: 1. Tons les permis prescrits doivent titre obtenus et toute la legislation pertinente doit dtre respectde, pendant 1'ex6cution de la mesure de recours. 2. Le paiement de Pamende n'annule pas 1'obligation de respecter 1'aret6, la norme ou l'avis de conformitd. 3. Les coots deviennent une dette envers la municipalit6 et peuvent etre ajout6s a Pavis d'dvaluation et d'imp6t foncier municipal et provincial. INSPECTION REPORT Schedule "All " 54-56 Victoria Street Saint John, New Brunswick PID# 376434 Inspection Date: October 1, 2012 Inspector: Pamela Bentley Introduction I hereby certify that th's document is a true COPY 6f ft original. Dated at Saint John, this - Of 0Lr -rp, 4V §� Officer Inspections of the property noted above have revealed that the building on the property is vacant and unoccupied, and dilapidated and has been open to casual entry. 'There is a large pile of debris and wood paneling in the yard at the back of the property and this creates a fire hazard as well as an unsightly condition. The building is a hazard to the safety of the public by reason of being vacant or unoccupied. Discussion The building is not in compliance with the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, By -law Number M -30, and amendments thereto (the `By- law"). Unsightly Paragraph 190.010)(a) of the Municipalities Act states: No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises any ashes, junk, rubbish or refuse. 1. The back yard of the property contains a large pile of debris made up of materials stripped from the interior of the building, including wood paneling, plywood, strapping and plaster. Additionally, there are several discarded kitchen appliances including stoves and refrigerators. The debris contains nails and other sharp objects that could cause harm to someone should they trip and fall on the debris. Additionally, the pile is located close to the house and could be used as fuel for a fire. It should be noted that wood paneling has a very high flame spread rating. and would ignite quickly. Other fires in the local area have been started in similar manners. Vacant and Unoccupied Paragraph 190.01(1.1) of the Municipalities Act states: No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of being vacant or unoccupied. The building is a hazard to the safety of the public by reason of being vacant or unoccupied for the following reasons: 1 • The building has been left open to the public on several occasions since at least August 2411 when it was first noted as being vacant. During an inspection in April 2012, members of Building and Inspection Services were able to gain access to all areas of the building as the plywood at that had been covering the rear door had been ripped away, 2. It appears that the building has had much of the copper piping removed, the electrical heater stripped of the fins and the electrical entrance has been stripped of most of its operational equipment. These are typically signs of 37 vandalism and theft. Additionally, the secured plywood panel at the back of the house had been ripped off, so unwanted entry is being obtained. 3. There is a high risk of a fire event occurring at the building due to it being known to the public that it is vacant, and because of evidence that it is being accessed by the public. The potential of a fire event is also amplified because of combustible material that is piled in the rear yard. A fire at the property would be a hazard to the neighbouring buildings and their occupants. The buildings in this neighbourhood are close together and higher density residential homes, so the impact of a fire would be more severe to property and to public safety. 4. There is a concern for firefighter safety, in the event of a fire. Since the building has been open to the public in the past, it would be reasonable for firefighters to enter it in the event of a fire to check for people inside. 5. The building is known to be open to animals. In April 2012, members of the Buildings and Inspection Services Department noted that there were animal feces in the building and that at least one raccoon was present. This creates unsanitary conditions and potential health hazards to anyone who may be entering the building. Mould growth was also noted along the walls in several locations and this is also a health hazard to anyone who may be in the building. 6. The building is located in a densely populated area and within walking distance to the North End Community Centre, the Main Street Baptist Church, and the Lorne Middle School. The building is also approximately 2 metres from a multi-unit residential building at 52 Victoria Street and is directly adjacent to the sidewalk on Victoria Street. The building's vacancy and non - occupancy pose a hazard to the safety of the public because of the conditions stated above. Its proximity to these locations amplifies this hazard because of the amount of pedestrian traffic and population density in the area. Dilapidated Paragraph 190.01 (2) of the Municipalities Act states No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. The buildings are hazards to the safety of the public by reason of dilapidation for the following reasons: I. There is broken glass in several windows and on the floor inside. As the building is not secure, the broken glass poses a hazard to the safety of anyone entering the building because it could cause injury. 2. The roof is leaking as there was water and mould noted in several locations on the top floor. The water entering the building is causing accelerated deterioration of the building's interior and this can lead to decay and mold growth. The door at the first floor rear exit was ripped off and the opening was boarded with plywood which was also tom off the building. The lack of Protection from the elements is allowing the structure and the interior of the hazards due to mould growth. building to deteriorate . at an accelerated rate, and may also lead to health 3. The general condition of the building's interior ground floor is hazardous as there is debris and junk covering the floor in several areas and particularly in the rear shed. One could trip or slip and fall as a result of the debris and cause injury to themselves. There is no lighting at the building and the ground level 2 W windows are covered with sheets of plywood, so there is little natural lighting available, making the hazards undetectable. Additionally the debris and junk could fuel a fire. In its current state, the building is not suitable for human habitation and does not meet the requirements for minimum standards governing the condition, occupancy and maintenance of residential property as described in the Saint John Minimum Property Standards By -law, By -law Number M -14 and amendments thereto (the "Saint John Minimum Property Standards By- law"), and/or the Residential Properties Maintenance and Occupancy Code Approved Regulation = Municipalities Act, New Brunswick Regulation 84 -86, under the Municipalities Act and amendments thereto (the "Code'l. It therefore could not be occupied without extensive and potentially costly repair. 3 W Required Remedial Actions The owner must comply with one of the two options stated below: Option I: Remedy the conditions of the building through all repair and remedial actions as follows: 1. The building must be completely repaired so it may become occupied while maintaining minimum standards as described by the Saint John Minimum Property Standards By -law and the Code. 2. The building must be maintained, kept secure, and monitored on a routine basis while the property remains vacant or unoccupied. I A detailed plan must be submitted to the Buildings and Inspection Services Department of the City of Saint John (the "Department ") for review and approval. This plan should also include a schedule for the work that is to be carried out. The repaired building must meet the National Building Code of Canada (2005) as well as other applicable codes. 4. The detailed plan, including schedules and reports, must be approved by the Department prior to commencing repair work. 5. A building permit must be obtained for any and all applicable work prior to commencing said work from the City of Saint John in order to comply with the Saint John Building By -law, By -law Number C.P. 101 and amendments thereto (the "Saint John Building By- law"). 6. The premise must be cleared of all debris found on the property, including any plywood, appliance and other rubbish that could be considered hazardous and/or unsightly. The debris from the premise must be disposed of at an approved solid waste disposal site, in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. The premise must comply with all applicable by -laws, acts, codes and regulations. Option 2: Demolition of the building and cleanup of all debris on the premise by complying with all the remedial actions as follows: 1. The building must be demolished to remove the hazard to the safety of the public by reason of dilapidation and by reason of being vacant or unoccupied. 2. A demolition permit must be obtained from the City of Saint John in order to comply with the Saint John Building By -law. 3. The premise must be cleared of the debris from the demolition and the lot must be made reasonably level with grade so as to not create a tripping or falling hazard. All debris must be disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 4. All debris that is currently on the premise must be cleared and disposed of at an approved solid waste disposal site, and in accordance with all applicable by -laws, acts and regulations. Documented proof, that clearly demonstrates an approved solid waste disposal site was used for the disposal of debris, must be provided to the Department. 5. The property must be in compliance with all applicable by -laws, acts and regulations. 4 40 Prepared by: fi&�tV-� Pamela Bentley, P.Eng. Technical Services Engineer Growth and Development Services Reviewed by: Amy Po P. Eng., MBA Building Inspector Growth. and Development Services 41 12-2-al Date W. NOTICE OF APPEAL FORM 1 (Municipalities Act, R.S.N.B.1973, c. M -22, s.190.021(1)) File No.: BETWEEN: Appellant(s), - and - THE CITY OF SAINT JOHN, Respondent. Parcel Identifier: PID # Parcel Address: AVIS D'APPEL FORMULE 1 (Loi sur les municipalizes, L.R.N.-B. de 1973, ch. M -22, par. 190.021(1)) N° du dossier: ENTRE : This is Exhibit k' E3 ti .Referred to in the Affidavit of ` �ErYI �Swvft before me at the City of =)d f wiC 2e? t Z Commissioner of Qaths PAMELA Vi AUNTLEY - et - COMMISSIONER OF OATHS MY COMMISSION EXPIRES DECEMBER 31ST, 2013 THE CITY OF SAINT JOHN, Intimee. Numero d'identification de la parcelle : # NID Adresse de la parcelle : Owner(s) or Occupier(s): Proprietaire(s) ou occupant(s) Name: Nom: Address: Adresse : Telephone: Telephone: Name: Nom Address: Adresse: Telephone: Telephone: 42 -2- The above named appellant(s) is (are) not satisfied with the terms and conditions set out in the notice that has been given under section 190.011 of the Municipalities Act and appeals to the Saint .John Substandard Properties Appeal Committee. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at 2012. L'appelant(s) susnomm6(s) n'accepte(nt) pas les modalit6s ou les conditions qui y sont 6nonc6s dans 1'avis qui a 6t6 notifi6 aux termes de Particle 190.011 de la Loi sur les municipalites et fait appel au Comite d'appel des proprietes inferieures aux normes de Saint John. Les motifs d'appel de 1' appelant(s) daps le pr6sent appel soot les suivants (enoncer les motifs de fagon claire et concise) : the day of Fait a 2012. Signature of owner or occupier Signature du propri6taire ou Poccupant The appellant(s) intends to proceed in the English ❑ or French ❑ language (Please check the appropriate box). Please forward your Notice of Appeal by registered mail to the clerk of The City of Saint John within fourteen (14) days after having been given the notice at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8h Floor P. O. Box 1971 Saint John, New Brunswick E2L 4L1 Telephone: 506-658-2862 Telecopier: 506 -674 -4214 le L'appelant(s) a (ont) l'intention d'utiliser la langue frangaise ❑ ou anglaise ❑ (Veuillez cocker la case approprae). Veuillez faire parvenir votre Avis d'appel par courrier recommande au secretaire de The City of Saint John dans les quatorze (14) jours qui suivent la notification de Vavis a Vadresse suivante : Bureau du greffier communal 15 Market Square, tdifice de 116tel de ville, 8e 6tage Case postale 1971 Saint John (Nouveau- Brunswick) E2L 4L1 T616phone: 506 -658 -2862 T616copieur: 506- 674 -4214 Notes: Notes : 1. A notice that is not appealed within fourteen (14) 1. Un avis dont it nest pas interjet6 appel daps les days after having been given the notice shall be quatorZe (14) jours qui vent la notification de 1'avis deemed to be confirmed. est r6put& confirm6. 43 -3- 2. On an appeal, the Saint John Substandard Properties Appeal Committee shall hold a hearing into the matter at which the owner(s) or occupier(s) bringing the appeal has (have) a right to be heard and may be represented by counsel. 3. On an appeal, the Saint John Substandard Properties Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. 4. The Saint John Substandard Properties Appeal Committee shall provide a copy of its decision to the owner(s) or occupier(s) of the premises, building or structure who brought the appeal within fourteen (14) days after making its decision. 5. The owner(s) or occupier(s) provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within fourteen (14) days after the copy of the decision was provided to the owner(s) or occupier(s) on the grounds that (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. 44 2. Lors d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John doit tenir, sur le point en litige, une audience au cours de laquelle le(s) propri&taire(s) ou l'occupant(s) qui interjette(nt) appel a (ont) le droit d'etre entendu(s) et peut(vent) se faire representer par un avocat. 3. Lots d'un appel, le Comite d'appel des proprietes inferieures aux normes de Saint John peut confirmer, modifier ou annuler 1'avis ou proroger le d6lai pour s'y conformer. 4. Le Comite d'appel des proprietes inferieures aux normes de Saint John doit fournir une copie de sa decision au(x) propri6taire(s) ou A 1'occupant(s) des lieux, du batiment ou de la construction qui lui a(ont) inter et6 appel dans les quatorze (14) jours suivant la date A laquelle it a rendu sa decision. 5. Le(s) propridtaire(s) ou 1'occupant(s) h qui une copie d'une decision a ate fournie par le Comite d'appel des proprietes inferieures aux normes de Saint John peut(vent), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau - Brunswick au motif que (a) la dlmarche & suivre en vertu de la Loi sur les rnunicipalites n'a pas ltd suivie, ou (b) la decision est manifestement d6raisonnable. Introduction Business Case Methodology Presented to the City of Saint- John Section 1 - PPP Overview Section 1 — PPP Overview What are Public Private Partnerships? definition - A generic There is no widely accepted definition Depends on country, politics and person °` General Definition: A contractual agreement formed between a government agency and a private sector entity that allows for greater private sector participation in the delivery of public infrastructure projects. 1W • --�► Owns assets, public service —� Skills, efficiencies and finance —� Co- operation and risk sharing 47 3 Section 1— PPP Overview Why do Governments use PPPs? Why PPPs? Provide access to innovation and best practices Greater schedule and cost certainty M Allow for greater risk transfer More efficient infrastructure delivery Whole lifecycle planning and costing V Public sector considerations Huge requirement for infrastructure Significant budgetary pressure on Governments Focus on core activities PWC 48 4 Section 1 — PPP Overview PPPS in practice Buildings & Real Estate Roads rr •� .yam__ �.:.�! �J ' ' r +�I'1�a t.•r Power ILI P"m Correctional Facilities Ferries � �� Mt Rail q Ono" ■ 49 Ports Airports 5 Power ILI P"m Correctional Facilities Ferries � �� Mt Rail q Ono" ■ 49 Ports Airports 5 Section 1 — PPP Overview PPPs throughout the world A PWC 50 h Section 1 — PPP Overview Procurement methods ' Depending upon the Public Sector's requirements and the Project's characteristics, there are a variety of different project delivery or procurement methods. Increased Private Sector Involvement Legend DB: Design -Build DBB: Design - Bid -Build DBF: Design - Build- Finance DBFM: Design - Build- Finance - Maintain DBFOM: Design - Build- Finance - Operate- Maintain Often when people talk about a PPP project, they refer to a Project in which the private sector finances the initial construction costs (i.e. DBF, DBFM or DBFOM). PWC 7 51 Section 1 — PPP Overview Design- Bid -Build (DBB) /Crown Construct key features and structure v' Key Players Public sponsor: Project definition, financing, product standards /specification & contractual terms Designers: detailed design & contract administration 4 Contractors: construction & commissioning O &M contractors Multiple separate contracts Design undertaken in detail before construction commences Owner heavily involved vI Responsibility for operations, maintenance and lifecycle retained by the public sector Construction payments Subcontracts t. acquire capability & expertise pIM 52 8 Section 1 — PPP Overview Design —Build (DB) key features and structure io" Key Players Public sponsor: conduct extensive upfront project scoping, risk assessment and development of project performance specifications Contractors: detailed design, construction & commissioning O&M contractors Fixed price contract for delivery within a specified timeline meeting required performances specifications ,r' Limited role for owner post contract award ✓ Responsibility for operations, maintenance and lifecycle retained by the public sponsor Construction payments Subcontracts to acquire capability & expertise PUT 53 9 Section 1 — PPP Overview Design — Build — Finance (DBF) key features and structure ✓ Similar to DB arrangement, however, the DB contractor (or a Special Purpose Vehicle (SPV)) is responsible for obtaining finance during the construction stage ✓ DB contractor is paid once it achieves "substantial completion" (i.e. a single bullet payment at end of construction) ✓ Additional due diligence undertaken by financiers, who provide construction finance (and are repaid with the proceeds from the substantial completion payment) ✓ Responsibility for operations, maintenance and lifecycle retained by the public sector PWC 54 Construction finance Subcontracts to acquire capability & expertise 10 Section 1 — PPP Overview Design- Bid - Finance- Operate and /or Maintain (DBFM1DBF0M) key features and structure Single entity responsible for Design, Build, Finance, Operate and /or Maintain (depending upon the scope of O &M) over a long term period (e.g. 30 year warranty) Private sector provides some, or all, of the finance with the public sector potentially advancing a portion of the funds during construction Private sector is paid based upon its actual performance of the services Risks allocated to the party best able to manage the risk a 55 A DB — Design O — Operations Build M - Maintenance 11 Section 1 — PPP Overview Common misperceptions about PPPs ✓ Myth #1: Public private partnerships are the same as privatization • There is no ownership transfer under PPPs. • PPPs require an ongoing partnership between the private and public sectors. Full privatization merely transforms a public monopoly to a private monopoly such that the benefits of PPPs are not realized. ✓ Myth #2: By entering into a public private partnership, government loses control over the provision of services • The public sector does not give up its ability to implement its policies or regulate the provision of services. • The government establishes the ground rules and has the ability to shape the PPP contract to reflect its own objectives, policies and regulations. JL PWC 56 `W Section 1 — PPP Overview Common misperceptions about PPPs (Continued) Myth #3: The principal reason governments enter into PPPs is to avoid debt Government involves in PPPs to benefit from: increased efficiency shorter implementation time greater innovation - better value in the delivery of services brought about by increased competition. The government and the ultimate users of the service are still responsible for servicing the debt. The emphasis is on structuring creative and cost - effective ways of delivering services, not on creative accounting. PWC '1 s 57 Section 1 — PPP Overview Common misperceptions about PPPs (Continued) Myth #4: The cost of service will increase to pay for the private partner's profit and financing cost The government enters into a PPP if the cost of providing a given service is lower than the cost of government delivery, or if a higher level of service could be provided for the same price by the private partner. The private partner's profit can only be realized through increased productivity or expansion of service, not through higher prices. The level of risk transfer assumed by the private sector must be higher than the additional costs of private financing. The selection of a private sector partner is subject to procurement, with a shortlist of three consortia submitting responses, which drives pricing competition. pWC 58 14 Section 2 What Makes aProject Suitablefor PPPProcurement Section 2 — What Makes a Project Suitable for PPP Procurement Project characteristics of a typical PPP candidate Often involves the construction of new assets Service requirement ( "outputs ") stated by the public sector Public sector pays for provision of services Public sector monitors performance — penalty regime Project term linked to economic life of asset Significant risk transfer to private sector PWC .1 16 Section 2 — What Makes a Project Suitable for PPP Procurement PPPs are not suitable when.: Project requirements cannot be easily defined. Risk transfer to the private sector is not possible or the risk premium is too high. The project is too small, is stand -alone and cannot be bundled, with a small financing requirement and will not generate PPP investor interest. 61 17 Section 3 PPP Basics Section 3 — PPP Basics Roles and responsibilities in a typical PPP structure The PPP structure transfers risk and rewards to the private partner by providing commercial and financial incentives; allows the public authority to have a single point of responsibility and accountability. Service and Lenders SPV or Prqjcd Company Contractual Relationship Service Build Maintenance Design, Build Service Contractor TIM Equity, Providers 19 Section 3 — PPP Basics Roles and responsibilities Public Sector Develops requirements and a contractual framework. Conducts the procurement process. ' Generally maintains ownership of the asset throughout the project D regains control of the asset when the contract ends. Licenses right to design, build, finance, maintain, and operate the asset or service to the private entity. Private Sector Deliver assets on time and budget. Maintains and refurbishes assets. Finances construction of the project through equity and debt. ,�` Ensures that all elements of the project work together. Absorbs some project risks. Is responsible for the quality of design, construction and the long- term performance of assets. Public sector retains the right to step - ,- The amount of private sector in and hold Project Co to account. p involvement and degree of risk f� 64 transfer will vary depending on the type of PPP. 20 Section 3 — PPP Basics Payment pros le The PPP payment profile is different to the traditional procurement payment profile. 300 250 200 150 100 50 0 Illustrative PSC Cashflows 1 6 11 16 21 26 Year Illustrative PPP Cashflows 300 250 200 — ■ PSC 150 _ - -- -- P3 100 50 0 1 6 11 16 21 26 Year PPP payments are on a `no service no fee' principle. PPP payments commence once the facilities are available for use (however recent trends are for an upfront capital contribution from Government). pwC 65 21 Section 3 — PPP Basics Performance payments PPP payments are at risk. If the facilities are not available by the due date, the PPP provider does not get paid during this period (i.e. it loses its payment). wn This puts pressure on the private sector to meet the agreed upon deadlines. Payments are based upon performance. ® If the services are not provided to the required standard, the PPP payments are `abated' i.e. reduced. The amount that is abated increases for repeat failures. If the facilities are not available, the private sector will not get paid. .. 22 Section 3 — PPP Basics Fixed price contracts Construction The public sector obtains a fixed price for construction. This makes the private sector responsible for any costs overruns, but allows it to benefit if a project comes in under budget. Operation and maintenance The public sector also obtains a high degree of cost certainty in regards to the O &M contract period. O &M payments are typically fixed for the term of the arrangement, but subject to escalation provisions. v` There may also be market testing or repricing mechanisms. r� 67 23 Section 3 — PPP Basics Landover conditions P3 provider typically has the responsibility to operate and maintain the infrastructure over a long term period. At the end of the term of the project agreement, the responsibility for operating and maintaining the infrastructure will be transferred back to the public sector. The condition in which the infrastructure is transferred is generally referred to as the `Asset Handover Condition'. The Asset Handover Conditions specify: the condition that the infrastructure will be handed back in; the design life requirement after the end of the contract; and how the handover inspection will be carried out prior to handover. To ensure that the Handover Conditions are achieved, the public sector will be able to withhold a portion of the availability payment if the assets are not in the required condition. pwc .: 24 Section 3 — PPP Basics Change mechanisms P3 arrangements tend to be long -term in nature, typically in the 30 years range. It is therefore inevitable that some changes will occur that cannot be reasonably anticipated at the start of the arrangement. P3 contracts include "Change Mechanisms" to deal with unanticipated changes in the contract. The nature of the `Change Mechanisms' will vary depending upon the type and extent of the potential change, but these mechanisms are drafted to ensure: an efficient implementation of the change, that the public interest is protected; and that the private sector has to demonstrate the VFM outcome of any change (as evidenced through the use of competitive procedures). PWC 25 69 Section 4 - Key stages in P3 procurement Section 4 — Key stages in P3 procurement Key stages in P3 procurement ✓ The P3 delivery process has the following key stages: Project Approvals RFQ IZFP ommercial Contract Planning Close anagement �J ✓ P3 process needs to be Transparent and Fair: • Establish clear rules and an objective process; • Appoint an independent fairness advisor to monitor the process; • Facilitate competition; Demonstrate Value for Money (VFM); and Ensure appropriate Governance. K.- PUT 71 27 Section 4 - Key stages in P3 procurement Keg stages in P3 procurement *> OL Project nancial and Contract Planning ApProv als RHQ RFP Commercial Management Close ✓ Establish business needs and objectives. Evaluate delivery options. ✓ Establish base projects costs. Assess market interest (initial market sounding). ✓ Conduct P3 screen and initial risk assessment. Identify, allocate and quantify project risks. a 72 28 Section 4 — Key stages in P3 procurement Key � sta g e s in P3 procurement Financial and 7ontract Project Planning Approvals RFQ RFP Commercial l Close menu Conduct VFM analysis. Assess project capital requirement against the affordability envelope. Develop business case. Prepare reports for approvals. Develop and update project schedules based on expected time required for approvals. We 73 29 Section 4 — Key stages in P3 procurement Key stages in P3 procurement Financial and Project Planning Approvals RFQ RI•P Commercial `I n g mcent Close ✓ Formally advise the market of the Project, communicate proposed timeframes and key project information. ✓ Public sector reserves the right to withdraw from the process at any time. ✓ Respondents from the private sector prepare and submit RF response. ✓ Public sector assesses submissions against specific selection criteria (experience, financial capacity, resources etc). ✓ Public sector typically shortlists three bidders to proceed to RFP stage. ✓ Debrief respondents not shortlisted. PWC 74 30 Section 4 — Key stages in P3 procurement Keg stages in P3 procurement Financial and Contract Project Planning Approvals RFQ RFP Commercial Management > > Close RFP issued to short listed bidders and includes key information on the Project (timelines, output specification, payment mechanism and performance requirements, contractual documentation, evaluation criteria and proposal schedules). Bidders develop detailed proposals and arrange financing for the Project. 5 Commercial /confidential /meetings (CCM) during the RFP V` Public sector evaluates submitted proposals. Preferred bidder is recommended. PWC 75 31 Section 4 — Key stages in P3 procurement Key stages in P3 procurement Project Ylannin Approvals KFQ RFP Financial an Contract Commercial ManWtnent Close ✓ Government enters into limited negotiations with the preferred bidder. Clarification of bidder's detailed proposals. Finalization of Payment Mechanism (PM) and incorporating the financial solution in the Project Agreement. ✓ Negotiation and finalization of contractual arrangement. If unable to finalize the Project Agreements, Government reserves the right to proceed with an alternative bidder or to terminate the process. Financial close — signing of the Project Agreements. PWC 76 32 Section 4 — Key stages in P3 procurement I Key � sta ges in P3 procurement nancial and Contract Project Planning Approvals RFQ RFP Commercial M�a�ract Close ✓ The project company delivers the Project. ✓ In high -level terms there are three stages: construction; service delivery (operational) stage; and contract expiry or termination stage. ✓ Public sector sets up team to monitor contract. PMM 77 33 Section 4 — Key stages in P3 procurement Key Success Factors Pro- active support at senior levels (project champions). Clear objectives and priorities. Early involvement of stakeholders, timely and open communications. Strong project leader with dedicated team for the project. Experienced advisors (internal /external). Well prepared business case with robust and detailed analysis. Well defined but not overly prescriptive output specs. Reasonable allocation of risks. Realistic commercial proposition in a relatively stable market. Flexibility and openness of both parties. Fair and transparent procurement process. M 34 Section 4' Key stages in P3 procurement Lessons learned Unrealistic cost expectations. Overly prescriptive or broad scope. Failure to meet legitimate interests of stakeholders. Failure to allocate the risks to the parties best able to manage them. Lack of consistency. V Not addressing employee issues up- front. Financial market volatility and capacity. Lack of collaboration and integration between key stakeholders. PVM 79 35 Section 5 - Achieving Valuefor Money (VFM) mig Section 5 — Achieving Value for Money (VFM) What is VFM? Achieving Value for Money (VFM) should be the key consideration at all stages of the P3 procurement process. What is VFM? "A value for money (VFM) analysis refers to the process of developing and comparing the total project costs, expressed in dollars measured at the same point in time, related to the Traditional Project Delivery and Alternative Financing and Procurement. -Infrastructure Ontario • "VFM describes the benefits to the public expected to be realized through a particular procurement method. Quantitative value for money is achieved through lower cost of a particular procurement method, whereas qualitative value is achieved when a particular procurement method better supports the goals and objectives of a project without necessarily costing less." - Partnerships BC pWC 81 37 Section 5 — Achieving Value for Money (VFM) How is it measured? • Estimate the costs of a project scenario that would reasonably be undertaken by the public sector • Typically constructed during the Business Case stage and finalized before bids are received • Must be based on same level of performance as P3 option -AL PWC • Can be compared with: -- Shadow Bid: Cost estimate of expected private sector bids, prior to bid submission — Actual Bids: Actual costs of P3 bids received from vendors 82 • Compare PSC and P3 Option on a standardized basis • Projects compared: — Before bids are first received, and when bids are first received — Prior to financial close 38 Section 5 —Achieving Value for Money (VFM) VFM Concepts -the Public Sector Comparator (PSQ ," Based upon the traditional form of public sector procurement. Estimate of the full cost of delivering the project to the same standard as required by the private sector under P3 procurement. Includes: Raw Capital, Operating and Lifecycle costs (pre -risk adjustment) • Competitive Neutrality adjustments (included to remove any advantages or disadvantages that accrue to the Government e.g. taxation) • Transferred Risk (i.e. risks that would be transferred to the private sector under P3) + Retained Risk (i.e. risks borne by the public sector) = Risk Adjusted PSC pWC 83 39 Section 5 — Achieving Value for Money (VFM) VWM Concepts - Risk and the PSC Important stage in determining the value of the PSC. Identify and quantify material project risks. Allocate risks between those: transferred to the Private Sector; and retained by the Public Sector. VFM is maximized by the optimal allocation of risk between the public and private sectors: each risk should be allocated to the party best able to manage it. PWC 84 40 Section 5 — Achieving Value for Money (VFM) VWM Concepts - Risk and the PSC L PVM "Risks should be allocated to the party best able to manage them" Shared Government Private sector should retain risks should manage risks that are inherently that are inherently governmental commercial 85 41 * Inflation • Design, Construction, • Changes to scope * Regulatory Commissioning Planning * Taxation ' Operating and maintenance permission • Force costs Latent defect Majeure • Operating performance (existing) • Technology obsolescence • Project financing • Latent defect (new) • Responsive repairs 85 41 Section 5 — Achieving Value for Money (VFM) VWM Concepts Shadow Bid Model ✓ The Shadow Bid model is a proxy of the public sector's cost under P3 procurement. ✓ It includes estimates of the private sector's: • construction costs; • operating and maintenance costs; • taxation treatment; • debt cost; and • equity returns. ✓ It also includes retained costs and risks by the public sector (e.g. procurement costs). ✓ The private sector estimate for the Shadow Bid model is replaced with the private sector's bid as the procurement proceeds. PWC :. 42 Section 5 —Achieving Value for Money (VFM) Measuring VFM NPV $ PSC Shadow Sid If A +S +C +D > E +F Value for money PWC 87 NPV $ PSC Shadow Bid If A +S +C +D < E +F No value for money 43 Section 5 — Achieving Value for Money (VFM) VFM Equation • Finance costs • Bid costs PwC :: • Optimum risk allocation • Competition • Innovation • Minimum lifetime costs or "Whole asset life" benefits 44 REPORT TO COMMON COUNCIL M & C — 2013 -26 February 21, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Development Approval Process Review BACKGROUND rr, City of Saint john The Municipal Plan for the City of Saint John, PlanSJ, provides the City with a new guide for making development and investment decisions; one that is grounded in achieving a more sustainable and compact pattern of growth. The critical first step to the effective implementation of the Plan is undertaking a review of all associated policies and by -laws and the existing development approval process and making recommendations to improve it. During discussions of the 2013 Operating Budget, the Growth and Development Services Department presented its goal of implementing a "One Stop Shop" for builders and developers which would improve customer service by offering a seamless, clear and consistent service to its clients. The "One Stop Shop" will facilitate comprehensively planned development and improve development quality. There is a substantial body of work that must be completed before the "One Stop Shop" goal can be accomplished, starting with development or amendments of various by -laws (Zoning By -law, Building By -law, Subdivision By -law, etc.). Review of the Zoning By -law has already begun and will be completed by early 2014. A project team of staff representatives from Planning, Building Inspection and Infrastructure Development has been newly formed with the intent to facilitate and develop the integrated "One Stop Shop" process; they will be finalizing their work plan shortly. Common Council, recognizing that the development community should be engaged *to provide feedback and suggestions to improve the development approval process, passed the following resolution on November 19, 2012: . RESOLVED that the letter from Councillor Merrithew entitled, Meetings Between City Staff and Local Builders and Developers, be referred to the City Manager for a report 4 outlining the appropriate structure and terms of reference for the proposed meetings between staff and developers. ANALYSIS The development community in Saint John is the main stakeholder that will be impacted directly by any changes that are proposed to the development approval process. As such, Staff is looking to directly engage this group from the outset of the review, to identify existing barriers to the implementation of the vision of PlanSJ, and key challenges and potential solutions with the development approvals framework, as it currently exists. The intent is to work toward the creation of a clear and predictable framework for development approvals in Saint John. To ensure the development industry is involved in this review, Staff will be seeking their feedback in a variety of ways this spring that will include but is not limited to: • Industry - specific working sessions, • Small group discussions, and • Telephone and email conversations. Staff will develop a consistent set of questions to guide these formal and informal discussions to ensure consistency and transparency that will provide Staff with an understanding of: • What the key challenges are with the existing development approvals process, • What does and does not work with the existing process, and • What their suggestions are for how to improve Saint John's process. The focus will be on engaging this industry in a variety of ways that will elicit meaningful and honest information. This will ensure that potential changes to Saint John's approval process and regulatory framework are tested and strengthened with genuine industry involvement. It is Staff's intent that the development industry will continue to be engaged throughout this process and that this initial effort will be the first step towards a collaborative relationship with the City and the development community. The Planning Advisory Committee will also play a key role in advising Council as staff moves forward with recommended changes to the development review process and accompanying bylaws that fall under their jurisdiction. RECOMMENDATION Your City Manager recommends that Staff of Growth and Development Services engage the development industry in Saint John to elicit their feedback with respect to opportunities and challenges with the existing development approval process in the City as outlined in this M &C 2013 -26. 91 Respectfully submitted Amy Poffenroth, PEng MBA Acting Commissioner Gr wth and Development Seri ices J.� ick Woods, C.G.A. City Manager 92 REPORT TO COMMON COUNCIL M &C2013 -29, February 18, 2013 The City of Saint )ohn His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Loch Lomond Road (Russell Street to Westmorland Road) — Water, Sanitary and Storm Sewer Renewal and Road Reconstruction BACKGROUND On August 4, 2009 (M &C 2009 -218) Common Council approved the direct engagement of exp Services Inc. (formerly ADI Limited) for the provision of professional engineering design services for the above noted project. The consultant's fee at that time was $48,301 including the City's eligible HST rebate. This project was being undertaken in conjunction with the Province of New Brunswick One Mile Interchange project. On August 23, 2011 (M &C 2011 -199) Common Council approved additional design work to be added to the scope of work for this project. The consultant's fee for the project was revised to $83,900.41 including the City's eligible HST rebate. The design work is now complete and it is anticipated that the work will be tendered in March 2013 in conjunction with the Provincial project component. At the December 17, 2012 meeting in M &C 2012 -299 staff sought Common Council's approval to begin negotiations for the direct engagement of exp Services Inc. for the provision of construction management services for the above noted project. An agreement for construction management services would need to be in place before construction can commence. The cost for the provision of these services was estimated at $230,000. Also included in the report was a recommendation for the direct engagement of engineering consultants for five unrelated projects. At that meeting, Common Council did not approve staffs recommendation and resolved "that the projects specified in the submitted report from the City Manager entitled Engagement of Engineering Consultants — 2013 Capital Program be sent to public tender." PURPOSE OF THIS REPORT The purpose of this report is to ask Common Council to reconsider their decision to put the construction management services associated with the above noted project out for public tender. February 18, 2013 Page 2 ANALYSIS The following outlines the rationale for recommending that exp Services Inc. be direct engaged for the provision of construction management services. Typically, professional engineering consultants would be engaged to complete both the detailed engineering design as well as provide construction management services as part of the approved scope of work for a project. At the time when exp Services Inc. was engaged by the City for this project, it was unknown when construction would be taking place and funding for these services was not included in the approved Capital Program budgets. It was therefore recommended to only engage exp Services Inc. for the engineering design services component of the project at that time. A future engagement of exp Services Inc. for construction management services would be necessary once a more firm schedule for construction was known and funding for these services could be included in the approved Capital Program budgets for the project along with the construction budget. As noted above, the design component of this project has been ongoing since the middle of 2009. Throughout the design process, exp Services Inc. and City staff have been working closely with staff from the Provincial Department of Transportation and Infrastructure to ensure the municipal portion of the work is carefully coordinated with the provincial portion of the work. The City will be undertaking the renewal of significant portions of underground municipal infrastructure in the same general areas where the Province will be undertaking the reconstruction of surface infrastructure as part of the One Mile Interchange project. During the design process, there were many challenges that had to be overcome for the design of the municipal infrastructure. exp Services Inc. has the full history of this project and will not require additional effort to become familiar with the project details. In addition to the extensive knowledge of the project, exp Services Inc. is in possession of all of the supporting documents and calculations that have been used in the design process. It is not common practice to request another engineering firm to carry out construction management services for a design that is stamped by an engineer of another firm. The Province has also engaged exp Services Inc. to provide engineering services for their portion of the One Mile Interchange project. Given the high level of interconnectivity between the municipal and provincial responsibilities for the overall project, there are efficiencies inherent with having the same consultant working on both projects. This will aid in the more efficient review of contract quantities for payment for the project and the creation of the as- constructed record drawings (a Provincial requirement). The direct engagement of exp Services Inc. for this project would significantly reduce the amount of administrative time staff would have to spend on this project. The direct engagement process also affords the City staff to fine -tune the details of the engagement in order to achieve the best value for money for the City. 94 February 18, 2013 Page 3 Should Common Council agree to begin the process for the direct engagement of exp Services Inc. for this project, staff will immediately conduct negotiations with the consultant. As this is a continuation of an existing design project, a subsequent report will be submitted to Common Council requesting that the existing Engineering Agreement be amended to include the construction management component. RECOMMENDATION Notwithstanding that on December 17, 2012 Common Council resolved that the projects specified in the submitted report from the City Manager entitled Engagement of Engineering Consultants — 2013 Capital Program be sent to public tender and notwithstanding the City's Policy for the Procurement of Goods, Services and Construction, Common Council authorize staff to conduct negotiations with exp Services Inc. to carry out construction management services for the Loch Lomond Road (Russell Street to Westmorland Road) — Water, Sanitary and Storm Sewer Renewal and Road Reconstruction project. Respectfully submitted, Kevin O'Brien, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner, Transportation & Environment 95 j3(, T� Brian Keenan, P. Eng. Engineering Manager atrick Woods, CGA City Manager REPORT TO COMMON COUNCIL February 20, 2013 M &C2013 -24 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: ROUNDABOUT AT SIMMS CORNER BACKGROUND '111W The City of Saint John In September 2012, Common Council resolved "that the letter from Councillor Norton entitled Simms Corner be referred to the City Manager to arrange a meeting between City staff and Mr. Alan Benton, P. Eng.; and further, prior to a presentation being scheduled with Common Council that a report and recommendation be received from the City Manager on this item." ANALYSIS City staff met with Mr. Benton on September 25, 2012 to review his conceptual design for a roundabout at Simms Corner. The meeting was constructive and the design contained very good ideas. It was also agreed that several site - specific aspects were not considered as part of his conceptual design. Staff engaged engineering consulting services in 2007 to assess the feasibility of a modern roundabout at Simms Corner. The consultant's report concluded traffic lights would be a better traffic control option at this location. The need to accommodate two existing rail crossings, a steep grade from the Lancaster Avenue approach, limited available real estate, a restaurant located at the intersection, and the need for a large diameter roundabout to accommodate large trucks were among the reasons for excluding a roundabout design for this location. A two lane roundabout would also likely be required given the high volume of vehicle traffic through this intersection; introducing a two lane roundabout as the first in a municipality is not recommended even if a roundabout were considered the better option. With an estimated Capital cost for construction of a conventional intersection with traffic lights of approximately $8 million (in 2007 dollars) according to the consultant's report, funding from the two main stakeholders (the City and Province of New Brunswick) remains the most significant challenge to making much needed improvements to Simms Corner. M &C2013 -24 February 20, 2013 Page 2 Staff is also becoming more educated in the design features of modern roundabouts so appropriate locations for installation can be identified. Roundabouts offer several advantages in certain locations compared to traffic lights such as increased level of service and decreased severity of motor vehicle accidents. The process under which the City's current Transportation Master Plan will be reviewed and updated also offers a good opportunity to identify appropriate locations to install a roundabout. RECOMMENDATIONS Staff recommends that Common Council receive and file this report. Respectfully submitted, Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer Wm. Edwards, P. Eng. Commissioner, Transportation and Environment Services 97 /Kevin Rice, C.E.T. Deputy Commissioner, Transportation and Environment Services atrick Woods, CGA Manager REPORT TO COMMON COUNCIL February 20, 2013 M &C2013 -25 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: TRUCKS ON CHESLEY DRIVE AND DOUGLAS AVENUE BACKGROUND MM The City of Saint john In September 2012, Common Council resolved "that Council direct the City Manager to investigate the elimination of Chesley Drive and Douglas Avenue as truck routes." ANALYSIS Designated Truck Routes in Saint John are identified in the City's Traffic By -Law. Trucks over a particular weight are required to remain on one of these routes until they must exit it to reach their destination. Some City streets not on a designated Truck Route have further Truck Restrictions. These restrictions are detailed in the Traffic By -Law but essentially prohibit travel by all trucks except emergency vehicles, trucks used to fix the street or utilities, or trucks used to transport materials to a property directly fronting the street. A separate Saint John Weight Restrictions By -Law limits the weight of trucks typically during a period in the spring of each year. Douglas Avenue is currently not on a designated Truck Route. It is also listed in the Traffic By- Law as a street with these Truck Restrictions. Trucks should seldom be on Douglas Avenue. Chesley Drive is part of a designated Truck Route. Trucks would frequently use this street as a result. Chesley Drive is a Provincial Designated Highway (PDH). The Province of New Brunswick, not the City of Saint John, has the authority to regulate traffic on Chesley Drive including its designation as a Truck Route given its PDH status. City staff advised the Province's Department of Transportation & Infrastructure in September 2012 of Council's will to investigate the elimination of Chesley Drive as a Truck Route. City staff will advise Council when the Province responds to this inquiry. 4 • M &C2013 -25 February 20, 2013 Page 2 There are benefits to keeping Chesley Drive as a Truck Route. This street is the only alternative to Highway 1 (Harbour Bridge) for east -west truck traffic given restricted access on Douglas Avenue. Any impact on the flow of traffic on the Harbour Bridge increases the importance of Chesley Drive for the flow of goods via trucks. Chesley Drive is generally compatible for truck traffic with it being four lanes, wide, having no direct residential driveways, and limited access to commercial properties. There are also benefits to eliminating Chesley Drive as a Truck Route. Harbour Passage includes a crosswalk across Chesley Drive. Residential development immediately adjacent to Chesley Drive has increased in recent years and heavier truck traffic volume is not generally conducive with residential properties. Heavy trucks cause more deterioration to any road compared to lighter vehicles. Harbour Bridge is an alternate nearby route for east -west access, albeit the only alternative. An upgraded Simms Corner would further reduce truck traffic on Chesley Drive. Trucks from the industrial properties on Chesley Drive and Bridge Road would have direct access to Fairville Boulevard and Highway 1 through the improved conventional intersection. Currently, trucks exiting these properties must either use Harding Street West, a steep residential street, or travel eastbound along Chesley Drive with its Truck Route status to access other Highway 1 ramps. RECOMMENDATION Staff recommends that Common Council receive and file this report. Respectfully submitted, 20 ly Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer /, 0" ev,14, lu- -4 V r J- - - Wm. Edwards, P. Eng. Commissioner, Transportation and Environment Services "!-R R. Kevin Rice, C.E.T. Deputy Commissioner, Transportation and Environment Services �- L-, �� J. a 'ck Woods, CGA City anager REPORT TO COMMON COUNCIL 20 February 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Acting City Manager Council previously approved that Bill Edwards and Ken Forrest to stand in for the City Manager during absences for vacation, conferences etc. With the recent resignation of Mr. Forrest it is necessary to approve another individual in order to provide continuous coverage. Jacqueline Hamilton, Commissioner of Strategic Services is prepared to accept this responsibility and has the requisite qualifications and experience. Recommendation Resolved that in the absence of the City Manager, J. Patrick Woods, appointment to the position of Acting City Manager is hereby made of Bill Edwards and Jacqueline Hamilton, in accordance with their respective availability and the matters anticipated to require attention in the City Manager's absence, with the City Manager to administer the arrangement. Respectfully submitted, ..l atrick Woods, CGA CITY MANAGER 100 ,�-� �'`� �_�_ � j� � � 7TH _ fi � � I- � - r,�� T..�.i�',1� /$� LET } ��JL�T�.y' M &C- 2013 -028 February 21, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Municipal Services Easement 400 Mount Pleasant Avenue ANALYSIS: ft City of Saint john The Development Officer is in a position to endorse the attached tentative subdivision plan (see attachments). This plan would adjust the boundary between two parcels of land in order to resolve an encroachment by a dwelling at 400 Mount Pleasant Avenue. The other lot (12 -02) would eventually be developed with a one - family dwelling. This plan would also vest a municipal services easement over the subject property in order to protect long- existing municipal infrastructure (i.e., water main and sanitary sewer). The location and necessary easement requirements have been discussed between the surveying consultant and Infrastructure Development (formerly Municipal Operations and Engineering). Normally the vesting of municipal services easements is considered in a recommendation from the Planning Advisory Committee when dealing with more significant subdivision applications. However, this matter does not require the consideration of the Committee, and the Community Planning Act does not require its involvement when only dealing with easements. The vesting of the proposed municipal services easement is supported by Infrastructure Development. Therefore, Council's assent to the attached subdivision plan with respect to the proposed municipal services easement is recommended. 101 M & C — 2013 — 028 - 2 - February 21, 2013 RECOMMENDATION: That Common Council assent to the attached photo- reduced Ruth Koven Subdivision plan at 400 Mount Pleasant Avenue with respect to the proposed municipal services easement. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Acting Commissioner Growth & Development Services J. trick Woods, CGA City Manager ace 102 103 APPROVALS x N 7 3e5 350 \ + Q y �'1 O 7 383 3DO + n 7 365 350 see File 38 No. 125 18'B" 12 -01 1,550 m2: including Parcel 'A' Ci�400 off ' ~��1a1y1 Oaf X52 0 seei Flle Ne. 125 �ti ji l 8 i4' Off ' / ' 12 -02 1,220 m4 Legend A................... t tee Re 29 No. 34 .. F•na 19 ................ Nur• ntr. I.M. NMI. / .... . ....... .. Pound [rm 9« Faene :, ealaelataa e,- eranole Polne © .....:............ Staneare Surrey ibrt« Pl aced ee� Plan No. 2599 ..................... _.�.�.. s :.:;Id; -adtn•te n.rwnwnt 89 -2 / �...................... UJl EaeseYnt s t-ieneare lirwY ttwM« Forme 0 ........ � ...................... • ...................... .............. Iron Ply F... Sgu «a Iran ear Fauna Travrna tool'.] Paint w File 29 No. 34 /20 Founaatlon see File 38 No. 125 18'B" 12 -01 1,550 m2: including Parcel 'A' Ci�400 off ' ~��1a1y1 Oaf X52 0 seei Flle Ne. 125 �ti ji l 8 i4' Off ' / ' 12 -02 1,220 m4 + File 29 No. 34 9 7355 250 � 9 L S No. see Fla 29 No. 34 I '\ ' 0 1404 G neY Scole 1 : 15,000 Registration Data Dot. 199178 Alvin F. Flewalling el u. Vol. 515 Pg. 915 to Reg. OeL 19, 1964. Joseph Kwen el ue Ruth Kmn Notes 1 ) D1rections are N. B. Grid a:imuthe derNed from obse —Um on R. B. Mons. 3800, 3851, 3945 and 19040 . (NAD83 CSRS AdlvAed Values; Z) AS distances are in metres , to convert to imperial equ -lerlls divide by 0.3045 , 3) Also al Survey oWined thus ego , peripheral information ecmplled from varloue sourest . 4) All document and plan references refer to Registry Office for Saint John County 5) Reld survey o plated on 6) A9 eornputdU.na performed d eoordinalea shorn on this plan arc Dosed on New erunerick Stereogrophic Double Pro]'ection and the NAD83(CSRS) Eirpeoltl as realized by Service Nor Brunswick Adlllsted 000rd. ate Surosy monuments , 7) Parcel A' to be cansolldatea wth lot 18'8' to farm lot 12 -01 . Pamel 'A' fs nol Lo be epmeyed at o Separate building lot . 6 ) Pureuont to Seollon 4 f Regulgfion 84-217 the Municipal Senlcee Eoeement(s) shown on this pion veste In The city at Saint John Mtndcipw Senieet Easement shorn thus : to create loft 12 -01 and 12 —D2 and Municipal Serves Emement New Brunswick Grid Co— Ordinate Values Sts. I x I Y Rms• Saab rxfgr appred 1,000031 Tentative Plan Ruth Koven Subdivision , Mount Pleasant Avenue , City of Saint John , Saint John County New Brunswick Cerarud Ca—t HUCHNS .SURVEYS 6 CONSULTANTS iNC_ S—yed by Feb. 13, 2013 New B -1-111 Lard SLrveyor 5 0 5 10 15 20 1:250 —t- Legend A................... nooses Pm! plaa.a .. F•na Jam. ................ Nur• ntr. I.M. NMI. ..::...... ...... 2:* Peta / Ul111 tY W"' 7 355 250 .... . ....... .. Pound [rm 9« Faene :, ealaelataa e,- eranole Polne © .....:............ Staneare Surrey ibrt« Pl aced ee� Plan No. 2599 ..................... _.�.�.. s :.:;Id; -adtn•te n.rwnwnt 89 -2 Q .................... . Adlac•nl Prap•rty floe 1.ema.4 ee -amnLl Petnt �...................... UJl EaeseYnt s t-ieneare lirwY ttwM« Forme 0 ........ � ...................... • ...................... .............. Iron Ply F... Sgu «a Iran ear Fauna Travrna tool'.] Paint A Fan . .................... Founaatlon + File 29 No. 34 9 7355 250 � 9 L S No. see Fla 29 No. 34 I '\ ' 0 1404 G neY Scole 1 : 15,000 Registration Data Dot. 199178 Alvin F. Flewalling el u. Vol. 515 Pg. 915 to Reg. OeL 19, 1964. Joseph Kwen el ue Ruth Kmn Notes 1 ) D1rections are N. B. Grid a:imuthe derNed from obse —Um on R. B. Mons. 3800, 3851, 3945 and 19040 . (NAD83 CSRS AdlvAed Values; Z) AS distances are in metres , to convert to imperial equ -lerlls divide by 0.3045 , 3) Also al Survey oWined thus ego , peripheral information ecmplled from varloue sourest . 4) All document and plan references refer to Registry Office for Saint John County 5) Reld survey o plated on 6) A9 eornputdU.na performed d eoordinalea shorn on this plan arc Dosed on New erunerick Stereogrophic Double Pro]'ection and the NAD83(CSRS) Eirpeoltl as realized by Service Nor Brunswick Adlllsted 000rd. ate Surosy monuments , 7) Parcel A' to be cansolldatea wth lot 18'8' to farm lot 12 -01 . Pamel 'A' fs nol Lo be epmeyed at o Separate building lot . 6 ) Pureuont to Seollon 4 f Regulgfion 84-217 the Municipal Senlcee Eoeement(s) shown on this pion veste In The city at Saint John Mtndcipw Senieet Easement shorn thus : to create loft 12 -01 and 12 —D2 and Municipal Serves Emement New Brunswick Grid Co— Ordinate Values Sts. I x I Y Rms• Saab rxfgr appred 1,000031 Tentative Plan Ruth Koven Subdivision , Mount Pleasant Avenue , City of Saint John , Saint John County New Brunswick Cerarud Ca—t HUCHNS .SURVEYS 6 CONSULTANTS iNC_ S—yed by Feb. 13, 2013 New B -1-111 Lard SLrveyor 5 0 5 10 15 20 1:250 —t- REPORT PORT TO CG�� T*IC l LOUD -1CIL M & C — 2013 -27 February 20, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Purchase and Sale Agreement Portions of Civic #40 and #42 Loch Lomond Road ANALYSIS: City of Saint John Later this year, the City will be reconstructing a portion of Loch Lomond Road between the street intersections of Saint Catherine Street and Westmorland Road. This street work will be done in conjunction with the reconstruction of Kanes Corner the Province will be undertaking as part of its One Mile Interchange project. As part of this work the City will be constructing new sidewalk, new municipal pipes, including resurfacing along with a new set of traffic lights. There are a total of three slivers of land the City needs to acquire from the adjoining land owners in order to allow this project to proceed. The first parcel has been agreed upon by the owners, Bayview Credit Union (M & C 2012 -45) in March of last year. This report deals with the remaining two properties. The properties at civic #40 and #42 Loch Lomond Road are both owned by a numbered company, 516111 N.B. Ltd. The property at civic #40 contains commercial businesses, while civic #42 has a five unit apartment building. Real Estate Services staff have been involved in extensive negotiations during this past year to work with the owners land needs compared to that required by the City. The property owner is agreeable to convey an 18.83 square metre sliver of land from civic #40 and a 13.37 square metre parcel from civic #42, situated along their Loch Lomond Road frontages (see Offers of Purchase and Sale). In addition, an agreement has been reached for additional land from both properties for a "temporary working room" contract. The sale price per square metre is the same as that agreed upon by Bayview Credit Union, which represents fair market value. If Council is in agreement, the following recommendation will facilitate the land transactions. 105 M &C- 2013 -27 -2- RECOMMENDATION: February 20, 2013 1. a) That The City of Saint John purchase an 18.83 square metre f portion of the property shown on an attached plan, known as civic #40 Loch Lomond Road, also identified as PID Number 316125 from 516111 N.B. Ltd. in accordance with the terms and conditions contained in the Offer of Purchase and Sale attached to this report (M &C # 2013 -27); and b) That the City of Saint John acquire a 13.59 quare metre f "Temporary Construction Easement" over the property described in paragraph (1 a) from 516111 N.B. Ltd. in accordance with the terms and conditions contained in the Temporary Working Room Contract attached to this report (M &C #2013 -27); and further 2. a) That The City of Saint John purchase a 13.37 square metre :L portion of the property shown on an attached plan, known as civic #42 Loch Lomond Road, also identified as PID Number 55163422 from 516111 N.B. Ltd. in accordance with the terms and conditions contained in the Offer of Purchase and Sale attached to this report (M &C # 2013 -27); and b) That the City of Saint John acquire a 7.0 square metre ± "Temporary Construction Easement" over the property described in paragrapg (2a) from 516111 N.B. Ltd. in accordance with the terms and conditions contained in the Temporary Working Room Contract attached to this report (M &C #2013 -27). That the Mayor and Common Clerk be authorized to execute the necessary documents. submitted, "Ofeg Yeomans Commissioner of Finance and Administrative Services J trick Woods, C.G.A. Manager Attachments CL /c 106 Offer of Purchase and Sale Portion of 40 loch Lomond Road, Saint John, New Brunswick Re: Acquisition by the City from the Owner of a portion of property identified by PID #316125 (the "Land "). City: The City of Saint John 15 Market Square PO Box 1971 Saint John, NB E21- 41-1 Owner: 516111 N.B. Ltd. 40 Loch Lomond Road Saint John, NB E21 1X5 In consideration of the sum of $1.224.00, plus HST, if applicable, the City shall purchase from the Owner and the Owner shall sell to the City the 18.83 m2 portion of the Lands designated "ROW Acquisition" on the sketch (Project No. 0094 -378.1 Dwg, No. 1 -1) attached hereto as Schedule "A" and in consideration of the sum of $883.00, plus HST, if applicable, the Owner shall enter into a "Temporary Working Room Contract" over 13.59 m2 portion of the Lands designated "Temporary Construction Easement" on Schedule "A" in substantially the same form and content as set out in Schedule "B" As part of this transaction, the City shall: 1) at its cost, obtain and record a subdivision plan for conveyance purposes; and 2) pay all Registry /Land Titles Office and administration fees; 3) make application on behalf of the Owner to the Planning Advisory Committee (PAC) for any variances which may or may not be required in order to sever the subject parcel from the parent lot; and 4) pay a contribution of $500.00 plus HST (if applicable) to the legal fees incurred by the Owner to complete this transaction; and the Owner shall: a) sign all documentation required to effect the transfer of title in the Lands to the City; and b) pay all real property taxes levied against the Lands to be acquired by the City; C) provide a Partial Discharge from the mortgage held by Business Development Bank of Canada for the portion of the Lands to be acquired by the City; and 107 dj and further the Owner hereby appoints the City as its representative to make any and all necessary applications to PAC. , The Closing shall take place on or before There is no agreement between the City and the Owner until such time as the Common Council of The City of Saint John' adopts a resolution to acquire the Lands. a duly authorized represe the offer contained herein. dig e 108 9 8 �t S 0.406m ru i LOCH LOMOND ROAD EXISTING PROPERTY LINE PROPOSED PROPERTY LINE U I QEXISTING PROPERTY LINE L FOR r INFOF MATION ONLY eV Services Ire a. PROPERTY CIVIC #40 SM Pl ftma,eoenue, ae.aae.eo2s LOCH LOMOND ROAD Saint Jon NB E2H 2H1 •�.� (RUSSELL STREET TO tea^ WESTMORLAND ROAD) -�-�� WATER, SANITARY AND STORM SEWER MAIN RENEWAL AND ROAD CONSTRUCTION euaaoaoe rvnN. aenenraerr ersmr rousrnw.- wFxaerm,c,vr� eimnuweem ROW ACQUISITION = 18.83 m2 TEMPORARY CONSTRUCTION EASEMENT = 13.58 m2 TOTAL = 32.42 m2 BACK OF EXISTING SIDEWALK TEMPORARY CONSTRUCTION EASEMENT TM.' PROPERTY CIVIC #40 0.425m OSE 0094378.1 Dwg. Standards Dwg. No. Ckd By. DeNgned By. Dwg. Design Rev. No. ACM O e LOCH LOMOND ROAD EXISTING PROPERTY LINE PROPOSED PROPERTY LINE U I QEXISTING PROPERTY LINE L FOR r INFOF MATION ONLY eV Services Ire a. PROPERTY CIVIC #40 SM Pl ftma,eoenue, ae.aae.eo2s LOCH LOMOND ROAD Saint Jon NB E2H 2H1 •�.� (RUSSELL STREET TO tea^ WESTMORLAND ROAD) -�-�� WATER, SANITARY AND STORM SEWER MAIN RENEWAL AND ROAD CONSTRUCTION euaaoaoe rvnN. aenenraerr ersmr rousrnw.- wFxaerm,c,vr� eimnuweem ROW ACQUISITION = 18.83 m2 TEMPORARY CONSTRUCTION EASEMENT = 13.58 m2 TOTAL = 32.42 m2 BACK OF EXISTING SIDEWALK TEMPORARY CONSTRUCTION EASEMENT TM.' PROPERTY CIVIC #40 0.425m OSE 0094378.1 Dwg. Standards Dwg. No. Ckd By. DeNgned By. Dwg. Design Rev. No. ACM Ckd. By: e �s•vie.. non- 2"2 '��)�Z i{j%.� +_.' ���• • • �.f � -iii.. y _ p � i e - i r ` r ay r �,.: �: - 11�VJ�I►\{4WL11 ' , I 0 *0 13.� R 12LO N LO 3 TEMOwA►Mt EASEMENT = 13.59 ►„2 TOTAL= 32,42 .1r4 STING PROPERTY LINE -x > BACK OF ©Q$TLN�IaEWALK Or4064 .� ..•.., ..I b 0.3rt r c, 1. a. r i PROPOSI PROPERTY LINE- TEMPORARY CONSTRUCTION EASEMENT +' F. PROPERTY V. - t u�r f �4+ SK' tic. 's r 1� ��'�Tl.��%,.�. . ,:;r...� ..� tom' n •��;�"� `�� - _ - x 1 s e awu a u� a� a,re puo.a -ae ides 6cJIVl�� 1 �krwYnYnetlohr.otlee I/ SerAm Im t +1.B sms.am I t +1.508.818. 26 802 RodmWAv,mm, cN • SeW John, NB E.2W 2N7 a em CANADA euawim • gym• ew�grMeli• eeeewr �.oun,nu � rriaerRwn.x • esuvueanr LOCH LOMOND ROAD (RUSSELL STREET TO WESTMORLAND ROAD) WATER, SANITARY AND STORM SEWER MAIN RENEWAL AND ROAD CONSTRUCTION PROPERTY CIVIC #40 9y: Pmisd Na OSE 0094 -378.1 F UrKkwds Dwg. No. d er. Dwg' eil Dy+ Rev. No. ACM a`d' B' o .w--u. — :77j�7r.T TEMPORARY WORKING ROOM CONTRACT THIS AGREEMENT made this day of 201-3 BETWEEN: 516111 N.B. LTD. 40 Loch Lomond Road Saint John, New Brunswick E2.1 1X5 (the "Owner ") of the first part and — THE CITY OF SAINT JOHN P.O. Box 1971 Saint John, New Brunswick E2L 4L1 (the "City ") of the second part WHEREAS: PID #316125 File #3004(A) (A) The Owner is the registered owner of lands situate in the Province of New Brunswick being PID #316125 known by civic address 40 Loch Lomond Road, in the City of Saint John, in the County of Saint John, hereinafter known as the "Lands ". (B) The City requires rights over and across that portion of the Lands designated "Temporary Construction Easement" on the sketch (Project No. 0094 - 378.1) Dwg. No. 1 -1 attached hereto as Schedule "A" for the purposes of ingress, egress and regress with men, materials and equipment during the proposed widening of Loch Lomond Road. (C) The Owner has agreed to give the City such further rights in the manner as hereinafter set forth. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: 1. The Owner, representing and warranting that it is the sole and absolute owner of the Lands, in consideration of the sum of Eight Hundred Eighty -Three Dollars ($883.00) of lawful money of Canada, now paid by the City to the Owner, by cash, cheque or bank draft, the receipt and 111 Page 12 2. The City shall have the privilege at any time and from time to time during the term of this Agreement to enter upon, use and occupy that portion of the Lands shown as Temporary Construction Easement on Schedule "A" (the "Working Area ") which is immediately adjacent and abutting the Lands shown on Schedule "A" as ROW Acquisition for ingress, egress and regress with men, machinery and equipment for any purpose incidental to or in conjunction with the widening of Loch Lomond Road. 3. Without limiting the generality of the foregoing, the City shall have the privilege to remove any object in or on the Working Area interfering with the City's free and full enjoyment of the privileges hereby authorized and further including the movement of vehicles, machinery and equipment of all kinds on or over the Working Area. 4. The term of this Agreement shall be for a period commencing on the date of this Agreement and ending at 11:59 p.m. local time, December 31, 2013. 5. As soon as reasonably practical after completion of the widening of Loch Lomond Road, the City at its own expense will remove construction debris from the Working Area and shall re- instate the Lands. The timing of the re- instatement shall be at the discretion of the City. It is understood that the street widening will take place in the latter part of 2013; the parties agree that, notwithstanding the termination of the Agreement on December 31, 2013, the City may, at its election, delay any re- instatement until spring, 2014, in any event prior to June 30, 2014. 6. All notices to be given pursuant to this Agreement shall be by registered letter or couriered letter to the following addresses, or such other addresses as the parties may respectively from time to time designate in writing, and any such notice shall be deemed to have been given to and received by the addressee five (5) days after the mailing thereof, postage prepaid and registered: Owner: 516111 N.B. Ltd. Address: 40 Loch Lomond Road, Saint John, NB, E2J 1X5 City: The City of Saint John Attention: The Common Clerk Address: P.O. Box 1971, Saint John, NB, E21- 4L1 7. The Owner agrees to notify any potential purchasers of the Lands of the existence of this Agreement and agrees to notify the City in writing forthwith upon any conveyance, sale or other transfer of any interest in all or part of the Lands and provide the name(s) and addresss(es) of the new owner(s). 8. The Owner agrees to notify any tenant(s) and /or licensee(s) of the Working Area of this Agreement and will ensure that any such tenant(s) and /or licensee(s) shall not interfere with the privileges herein. 112 Page 13 IN WITNESS WHEREOF the party of the first part has hereunto affixed its corporate seal attested to by the hand of its proper officer in that behalf and the party of the second part has hereunto affixed its common seal attested to by the hands of its proper officers in at behalf. SIGNED, SEALED AND DELIVERED ] 516111 N.B. LTD in the presence of: Witness: Per: t 4.� THE CITY OF SAINT JOHN Per: Mayor Per: Common Clerk Common Council Resolution: 12013 113 g S 0.406m LOCH LOMOND ROAD EXISTING PROPERTY LINE 9 f i PROPOSED PROPERTY LINE O , zEXISTING PROPERTY LINE w w J I FOR INFOf MATION ONLY e>� sefwcm Im PROPERTY CIVIC #40 - �� t +1M8.6".8MIt. +1b08BUL8025 Ro Prolect Title LOCH LOMOND ROAD e . • at �eaaywvenue, �► Sak1t John. NS E2H 2Ht ••��ex (RUSSELL STREET TO CANADA WESTMORLAND ROAD) P-1 WATER, SANITARYAND STORM SEWER MAIN RENEWAL ° d AND ROAD CONSTRUCTION aUIIfM(Ia • NenNi 9MIION41eli U'EAaY- rraoter>ttl' IN�R+IttNUCiVPE • ffilenVN�Ltl.IiT rgft I.- ROW ACQUISITION = 18.83 m2 TEMPORARY CONSTRUCTION EASEMENT = 13.59 m2 TOTAL= 32.42 m2 — BACK OF EXISTING SIDEWALK TEMPORARY CONSTRUCTION EASEMENT PROPERTY CIVIC #40 0.425m I OSE 0094 -J2012 on. standards Dwg. No- � -E C* Awed ey: aw. oeeran ACM ° d rgft I.- Offer of Purchase and Sale Portion of 42 Loch Lomond Road, Saint John, New Brunswick Re: Acquisition by the City from the Owner of a portion of property identified by PID #55163422 (the "Land "). City: The City of Saint John 15 Market Square PO Box 1971 Saint John, NB E21- 41-1 Owner: 516111 N.B. Ltd. 40 Loch Lomond Road Saint John, NB E2J 1X5 In consideration of the sum of $869.00, plus HST, if applicable, the City shall purchase from the Owner and the Owner shall sell to the City the13.37 m2 portion of the Lands designated "ROW Acquisition" on the sketch (Project No. 0094 - 378.1) Dwg. No. 1 -2 attached hereto as Schedule "A" and in consideration of the sum of $455.00, plus HST, if applicable, the Owner shall enter into a "Temporary Working Room Contract" over 7.0 m2 portion of the Lands designated "Temporary Construction Easement" on Schedule "A" in substantially the same form and content as set out in Schedule "B" As part of this transaction, the City shall: 1) at its cost, obtain and record a subdivision plan for conveyance purposes; and 2) pay all Registry /Land Titles Office and administration fees; 3) make application on behalf of the Owner to the Planning Advisory Committee (PAC) for any variances which may or may not be required in order to sever the subject parcel from the parent lot; and 4) pay a contribution of $500.00 plus HST (if applicable) to the legal fees incurred by the Owner to complete this transaction; and the Owner shall: a) sign all documentation required to effect the transfer of title in the Lands to the City; and b) pay all real property taxes levied against the Lands to be acquired by the City; C) provide a Partial Discharge from the mortgage held by Bayview Credit Union Limited for the portion of the Lands to be acquired by the City; and 116 d) and further the Owner hereby appoints the City as its representative to make any and all necessary applications to PAC. The Closing shall take place on or before i4pr3 , 2013. There is no agreement between the City and the Owner until such time as the Common Council of The City of Saint John adopts a resolution to acquire the Lands. I, 0#AI ? %"� a duly authorized representative of 516111 N.B. Ltd., hereby make the offer contained herein Date - 117 s S 1 31 LOCH LOMOND ROAD PROPOSED PROPERTY LINE 0.425m 0.3m EXISTING PROPERTY LINE FOR !NF ONEY- - �xp Services Inc EXISTING PROPERTY LINE 8 PROPERTY CIVIC #42 t V I 1� I 1 I 1 OSE PROPOSED TRAFFIC SIGNAL POLE BASE '13a 2.41 m o BACK OF EXISTING SIDEWALK -ROW ACOUSITION = 13.37 m2 (RUSSELL STREET TO - TEMPORARY CONSTRUCTION t EASEMENT = 7.0 m2 ... ��. TOTAL = 20.37 m2 WATER, SANITARYAND STORM PROPERTY I CIVIC #42 AND ROAD CONSTRUCTION m 0 I � Z m t 8 PROPERTY CIVIC #42 t V I 1� I 1 I 1 OSE Prajea Title c +1.6a&W.8=Ir. +IM6.e4BAD2s �� LOCH LOMOND ROAD SeI0a2IJnlaaayAla<,I,B, w' a M JoT Ui, NB E2H 2H1 ago* Y 1-2 (RUSSELL STREET TO CANADA eX ACM WESTMORLAND ROAD) ... ��. WATER, SANITARYAND STORM SEWER MAIN RENEWAL AND ROAD CONSTRUCTION WUXWM •£MIN i EkVp01#&W- ENEWY • eOLL4RGL-NFP STRUCNRE - 8U6W WBtlTY 8 PROPERTY CIVIC #42 t V I 1� I 1 I 1 OSE 0094 -378.4 Dwy.StandanU Dwa.No. Ckd. By: 1-2 Deftned By Dwy, 0"el Rev. No. ACM �d BY 0 TEMPORARY WORKING ROOM CONTRACT THIS AGREEMENT made this day of 20�:3 BETWEEN: 516111 N.B. LTD. 40 Loch Lomond Road Saint John, New Brunswick E2.1 1X5 (the "Owner") of the first part and — THE CITY OF SAINT JOHN P.O. Box 1971 Saint John, New Brunswick E2L 41.1 (the "City ") of the second part WHEREAS: PID #55163422 File #3004(A) (A) The Owner is the registered owner of lands situate in the Province of New Brunswick being PID #55163422 known by civic address 42 Loch Lomond Road, in the City of Saint John, in the County of Saint John, hereinafter known as the "Lands ". (B) The City requires rights over and across that portion of the Lands designated "Temporary Construction Easement" on the sketch (Project No, 0094- 378.1) attached hereto as Schedule "A" for the purposes of ingress, egress and regress with men, materials and equipment during the proposed widening of Loch Lomond Road. (C) The Owner has agreed to give the City such further rights in the manner as hereinafter set forth. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT, THE PARTIES AGREE AS FOLLOWS: 1. The Owner, representing and warranting that it is the sole and absolute owner of the Lands, in consideration of the sum of Three Hundred Seventy -Three Dollars ($373.00) of lawful money of Canada, now paid by the City to the Owner, by cash, cheque or bank draft, the receipt and sufficiency of which is hereby acknowledged by the Owner, hereby authorizes the City, by its servants, agents, employees, contractors and subcontractors to have the privileges as set out herein, 120 Page 12 2. The City shall have the privilege at any time and from time to time during the term of this Agreement to enter upon, use and occupy that portion of the Lands shown as Temporary Construction Easement on Schedule "A" (the "Working Area ") which is immediately adjacent and abutting the Lands shown on Schedule "A" as ROW Acquisition for ingress, egress and regress with men, machinery and equipment for any purpose incidental to or in conjunction with the widening of Loch Lomond Road. 3. Without limiting the generality of the foregoing, the City shall have the privilege to remove any object in or on the Working Area interfering with the City's free and full enjoyment of the privileges hereby authorized and further including the movement of vehicles, machinery and equipment of all kinds on or over the Working Area. 4. The term of this Agreement shall be for a period commencing on the date of this Agreement and ending at 11:59 p.m. local time, December 31, 2013. 5. As soon as reasonably practical after completion of the widening of Loch Lomond Road, the City at its own expense will remove construction debris from the Working Area and shall re- instate the Lands. The timing of the re- instatement shall be at the discretion of the City. It is understood that the street widening will take place in the latter part of 2013; the parties agree that, notwithstanding the termination of the Agreement on December 31, 2013, the City may, at its election, delay any re- instatement until spring, 2014, in any event prior to June 30, 2014, 6. All notices to be given pursuant to this Agreement shall be by registered letter or couriered letter to the following addresses, or such other addresses as the parties may respectively from time to time designate in writing, and any such notice shall be deemed to have been given to and received by the addressee five (5) days after the mailing thereof, postage prepaid and registered: Owner: 516111 N.B. Ltd. Address: 40 Loch Lomond Road, Saint John, NB, E2J 1X5 City: The City of Saint John Attention: The Common Clerk Address: P.O. Box 1971, Saint John, NB, E21L 41-1 7. The Owner agrees to notify any potential purchasers of the Lands of the existence of this Agreement and agrees to notify the City in writing forthwith upon any conveyance, sale or other transfer of any interest in all or part of the Lands and provide the name(s) and addresss(es) of the new owner(s). 8. The Owner agrees to notify any tenant(s) and /or licensee(s) of the Working Area of this Agreement and will ensure that any such tenant(s) and /or licensee(s) shall not interfere with the privileges herein. 121 Page 13 IN WITNESS WHEREOF the party of the first part has hereunto affixed its corporate seal attested to by the hand of its proper officer in that behalf and the party of the second part has hereunto affixed its common seal attested to by the hands of its proper officers in that behalf. SIGNED, SEALED AND DELIVERED in the presence of: Witness: 516 Per: THE CITY OF SAINTJOHN Per: Mayor Per: Common Clerk Common Council Resolution 2 ;Zo l3 122 O 8 P LOCH LOMOND ROAD PROPOSED PROPERTY LINE — _ — — 0.425 0.3m f I EXISTING, PROPERTY LINE f I exp Services Inc. t +1.506.646_30001 E +1.506.648.9025 602 Rothssay Avenue, � • Sstrrt John. N8 E2H 2H1 • S•` P � A i1 CANADA � ) susnsiae -EAM& - EXISTING PROPERTY LINE PROPOSED TRAFFIC SIGNAL POLE BASE 2.41 m Prolsd No. OSE 0094- 378.4 Dn. StMxiw%ls 3.30m - �: BACK OF EXISTING SIDEWALK -ROW ACQUSITION = 13.37 m2 thvg, De fyn Rev. No. ACM t uq swvl r vC (c) M12 - TEMPORARY CONSTRUCTION EASEMENT = 7.0 m2 I TOTAL = 20.37 m2 PROPERTY 1 CIVIC #42 m 0 l } 0 m - -I -- - -� Prafsd Tape . Tlue: LOCH LOMOND ROAD (RUSSELL STREET TO WESTMORLAND ROAD) ' PROPERTY WATER, SANITARY AND STORM 9 CIVIC #42 SEWER MAIN RENEWAL a AND ROAD CONSTRUCTION 1 1 1 re By! Prolsd No. OSE 0094- 378.4 Dn. StMxiw%ls Cwp, No. - �: 1 -2 DesWwad 8Y- thvg, De fyn Rev. No. ACM Dom' B o uq swvl r vC (c) M12 1,. • ROAD PROPOSED PROPERTY 1--� !-- EXISTING PROPERTY LINE ..._...._ 0.425m PROPOSED TRAFFIC SIGNAL POLE BACK OF EXISTING SIDEv%,ALJl 4ij Z V II& lor ft.L- ow usmoee mama t -1 ZW.646.H= I t a 1.806.646.8026 6o2RotomyAves,ue, *16 Unt JaMr, NS E2H 2H1 •sex CANADA sunuas • PAN ■ aMMMEW- SNOW- MUMMAL • MiNMiRICni • MATAPOM"Y • LOCH LOMOND ROAD (RUSSELL STREET TO WESTMORLAND ROAD) WATER, SANITARYAND STORM SEWER MAIN RENEWAL AND ROAD CONSTRUCTION 1 •. PROPERTY CIVIC #42 k 9y: pmfu NO. SE 0094 -378.1 anaeras Dw% W : L 1 -2 a Sr• DAV Dodo Rev. Nm CM I am. By. 0 nol�mn U m,x REPORT TO COMMON COUNCIL February 21, 2013 Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: STREET DEDICATION — PEEL PLAZA 174 7W city of saint ]An The attached letter from the Solicitor's Office to the City Manager is self - explanatory. As a result it would be appropriate for Council to adopt the following resolution: RECOMMENDATION: "That the City cause those portions of PID Nos. 37499, 37481, 55208326, 37457 and 55204846 identified in the subdivision Plan titled "City of Saint John Subdivision, Peel Plaza, City of Saint John, Saint John County, New Brunswick" dated January 29, 2013 and prepared by Wade M. MacNutt, NBLS #384, a copy of which is attached to this report to Council dated February 21, 2013, to vest as public street and become Peel Plaza; And further that the Mayor and Clerk be authorized to sign the Subdivision Plan on the City's behalf to effect the said street vesting." Respectfully submitted, + �- J atrick Woods, CGA C MANAGER ENC. 125 APPROVALS �rar. t<r„nm P.I.D. L't78J.x Province of Nev t mr—Tc4 (Dept. of T"r"p*rtati.n and Infrastructure) Ropart; m=. z'f11 of eeg. Woe -Ot -T7 ... Pan u. 213"", 05 -01 Street Corleton II 1 1 \ > 1 1 1 � •y . 1 - e }�S 1 r Logan d J J6. 900 1 w�.�.._ ✓e.nwl 1 y Mb't ¢ sans Jon. A. P.m 0a03J.Y. City of Saint John Property C, O W a C m c a (.e= x.k 77 Peel plaza P.bllc AM Parcel "C" _��..1 I �I .I . yam• � 1 1 1 1 11 i ]N DDb 1 1 . .. Plan, Ia.mo n l J�- J PJn : aouJfs7 in.e0, aeb: --- .— 1 'V 1 P.ID. r: OMaJfe� °1 4°M .wnn _ °. - 1 zfu m Wg. Tno, oe PJa —"I Da.�emm�..r I Doe. WglnryRm City John my .10- m 3 -n Property e aobarw. . aabom aBm1-0Dc.e . 6 - su • NI9 =vry/N=M Doc n H] 290sov 20—a.- -a. - M.I.wrM..e I Not. 1 (see 71 Yd. --' ( - -- Peel Plaza 1 Rea. - -- armis Parcel D" P�.i Plaza br ub oa .r SnN Sean _ Efee..ln os.n 1 tte mT A= coa=1r,n ak Parem 'e A= = aM a..x.d'_ 0.P.e..Imr Wne en x6 Wn'a IW .M z . (6.°.a on x.ON CSK NR1 Vnbe N$ Wn. --). J ix 4` 7T 2 wr anon... w b mnrr b .e.P.n 1s lerq =A.I ea.1 d'w0. .j1y S� ^plaza ��. --r"' "".,. J a J..=lee rr"�".n, wn"I: :..' •. . P..au...l ;N.r.n.m., — Parcel 'E , •. y d.evnflll and Plm nrrranW. read 1. ur wP:,y aloe. r, • B.M Flee .e Oo4 an J.. 17. 2013. Peel Pla p—nerJ .b .a w1W snonn en fhb pen )1 Mme 11 a •.. brv1 W No= bue.leY 9lweproaxb D.ub4 ProJenf.n .ne 401v -- 1 tb NMl3[CSIIS) t1p=.p W Made br $Me. Nn BiurreMCk 1lP Df"e"0� p P� 11e• l ]. In +.done. .1M 9slbn 3.(.x.) .1 the C.rmroNtP %enniq .- City Pry t s I"`nex�lea.'e ml..h.`°inos :IK.� x:..Wn ...b b ne as al 1 •o r , b oec. z.•. w. 0.Rq n m o7 -OB -m s� � Puraone or Plan ClPty Saint JhP 9$ ti b g 1 1 0 1 1 New Brunswick Grid Co -D ainate Voluae tab. E e RmY. J2! T 53. 24!•61 J ]e.1 WSA.1 C,°c p1. Y P.ni 4 -z T 5x a8J T — M." J g3 el-3 91Be1.B3o c aNF vr. 3x] , JBS Carr 3a 2 =95 ]]. ]5..z. ] =21'- "m OSID. Pr. • ��-'$$$ $i �5yy .°t 1} j3% z S3f al. ^1f 7 M 331 GLe. Pr. ne.720 7302- ]8T aT/J10. fJ1C. M. �� 11 411 x ssa 309M3 sxJT GtC. R. .1T 2 1f 316.Jae 730. x.fJ1 rI1C R. e 041, JJa 1 2 SS. T06.3] J 361 447383 rlc. pr. .18 z M ]12a1s ; 361 B.7A75 rNe. R. ry 1 u . 8 T 531 208]87 ]e] 851.831 c,m Pr. me T SN ]18.136 J SeJ 959A88 GlC R. See 2 SN J44JW 3e! 466Y1. See T SU ­.N2 J 383 M.I. t.... >n. PP 1 04 ] b3] TJ1.118 J61 W. g sy ro a �� 3a L T]80) 2 SJ1 IAiWO 7 !6J Ws.W M.6 NOx.(a85) Subdivision A� Plan l' 7.3 eve �S- 1 � City of Saint John Subdivision. 4 Peet Plaza, t City of Saint John, Saint John County, New Brunswick. f l .�— EU0CE9 NItOSYH ! xie[JLTANT9 ltto. —� iI pRELIMTNARX I; s q M. Met e. 3 SiYee '�- e,�_„a� � „_._,.><. - 5 m 1s m2M xO1°° X061fT 2006 c Tar. 126 i° The My of Saint John M61anie C. Tompkins Direct Line: 506,658.4095 Fax No.: 506.649.7939 Email: melanie.tompkinsCwsaintjohn.ca February 21, 2013 J. Patrick Woods City Manager City of Saint John Dear Mr. Woods: Re: Street Dedication -- Peel Plaza On January 27, 2009, the Planning Advisory Committee considered a Municipal Plan Amendment and Rezoning Application with respect to the Peel Plaza Project, which involves the new Saint John Police Force Headquarters and the new Provincial Justice Facility. On February 16, 2009, Common Council amended the Municipal Plan and rezoned the subject area as requested and a number of section 39 conditions were imposed to ensure that the site was properly developed. Before the Peel Plaza Project could take place, the City closed former Chipman Street as well as the better part of Hazen Avenue. That said, the site plan for the development always included a public street adjacent to the Police Headquarters that connects Union Street and Carleton Street. The design of this street and its standards are reflective of the existing adjoining public streets (the former Peel Street and Hazen Avenue). Now that the project is near completion, it is necessary for the said public street to be dedicated. We note here that the Iocation of the new "Peel Plaza" Street goes beyond the boundaries of the former Hazen Avenue and Chipman Street. In fact the new proposed "public street" runs not only over portions of the former Hazen Avenue and Chipman Street, but also over a portion of PID No. 37499 (the Saint John Art Centre property), PID No. 37481 (the property adjacent to the Saint John Art Centre property), and PID No. 37457 (former Aliant property). Since the City is the owner of all the lands affected by the street vesting, it is necessary for the City to resolve to cause those portions of the above - mentioned PIDs which will form part of the new street to vest as public street. In other words, the City must resolve to part with a portion of City lands which were never street, and authorize the Mayor and Clerk to sign SAINT TOHN P.O. Box 1 971 Saint j(-�hn, NB Canada E2>_ lt2� wwvsaintjohn.ca ; t=.P.1971 taint John, ANA. Canada E2L 4L Page 2 Re: Street Dedication — Peel Plaza the Subdivision Plan on the City's behalf (since the City is the owner of the affected lands) in order to effect the street vesting. At its meeting held on November 2, 2010, Common Council resolved to officially rename the former Peel Street and Hazen Avenue as "Peel Plaza ". We understand that Planning Advisory Committee at its meeting held on February 20, 2013 resolved to recommend the street vesting and that Planning will be presenting the Planning Advisory Committee recommendation for assent at Council's next meeting. In the circumstances, the following resolution would be in order: "That the City cause those portions of PID Nos. 37499, 37481, 55208326, 37457 and 55204846 identified in the subdivision Plan titled "City of Saint John Subdivision, Peel Plaza, City of Saint John, Saint John County, New Brunswick" dated January 29, 2013 and prepared by Wade M. MacNutt, NBLS #384, a copy of which is attached to this report to Council dated February 21, 2013, to vest as public street and become Peel Plaza; And further that the Mayor and Clerk be authorized to sign the Subdivision Plan on the City's behalf to effect the said street vesting." Regards, Melanie Urns Solicitor MCT/bm 128 APPROVALS Street Oar(etan 1 1 1 9 dralln• Cwnpin I • is RM P_; ce of NNBrunewlck I i (Dept. of .1- maportotion and ; Infrast f . 21 properly 1 � o.•. nw<.ra Mq. Yooe r a 1 P 05 -- zls/onD7 � Peel P1ozo wme Sr. ..t Na. Parcel D� Peeel al plez I �1e ,xa Paeb 51M Peel P_ wee. sYM —ss� - P4aY• -` '' 1••. WN >) Parcel 'f" 1 weal Pl 3 Teynq,�� -I- i / CtH dypett'1�0°`��� Pr I i• �„ City or So)nl John I ytyo• ,.f Property 6 y D�Pg� Olu, 2MIW1 R•0. ao0l -qe-W a�p G 1 R•I R.e< I -A�--`� 1 0° 77 Q L � 1 �' I ��= I-A 5 street. Union 129 R PRELIMINARY I lI -� L� I I l 1 I e$ �� � Rt3ei�rotien a Ease DDIa ' P.L0. : Ogp3n6� catix• ooa : --- 1 —A.10.7R� — I - -- tmWrMl : frAMe. (3M.<3]< QQ r�mRNSwend a Rq^•or/Rme ple. au3a]se � 1 � Ry, mto -m -� os� zewaoLO R.4 mto -m-tz R.Rd i1eni Ab Gnh. P].0. 060T <11 1 wq, m DB -ta City of SDim John Ul Lem= —End 7 363 W 1 i.Imes n.. • -- -- 1111 �.., .. r..x o 1111. 1111• A'MUmu nr "1 D .. —� —. ai.oe.re r..� r.•� n...e • � e. a. o- u..t. w,.�,t I wm•. I Proper!;. z ` O 1111 � -. *..�111_1 ] 9.s1 33a2,.] 7 3]I aA1Yl. M2.3" r�wn.. 1 s Peel P1ozo wme Sr. ..t Na. Parcel D� Peeel al plez I �1e ,xa Paeb 51M Peel P_ wee. sYM —ss� - P4aY• -` '' 1••. WN >) Parcel 'f" 1 weal Pl 3 Teynq,�� -I- i / CtH dypett'1�0°`��� Pr I i• �„ City or So)nl John I ytyo• ,.f Property 6 y D�Pg� Olu, 2MIW1 R•0. ao0l -qe-W a�p G 1 R•I R.e< I -A�--`� 1 0° 77 Q L � 1 �' I ��= I-A 5 street. Union 129 R PRELIMINARY I lI -� L� I I l 1 I e$ �� � Rt3ei�rotien a Ease DDIa ' P.L0. : Ogp3n6� catix• ooa : --- 1 —A.10.7R� ore N.T.: ob or srxt ]<nR /3,n : ooDn<et I - -- tmWrMl : frAMe. (3M.<3]< RRp aro1 -09 -q5 r�mRNSwend a Rq^•or/Rme ple. au3a]se � 1 � Ry, mto -m -� os� zewaoLO R.4 mto -m-tz R.Rd i1eni Ab Gnh. P].0. 060T <11 1 wq, m DB -ta City of SDim John Ul Pd D. aeav"ee ProPBrty 1 Clty or Soinl John o� z.ams xy, am�_De -os le Proper!;. z ` Peel P1ozo wme Sr. ..t Na. Parcel D� Peeel al plez I �1e ,xa Paeb 51M Peel P_ wee. sYM —ss� - P4aY• -` '' 1••. WN >) Parcel 'f" 1 weal Pl 3 Teynq,�� -I- i / CtH dypett'1�0°`��� Pr I i• �„ City or So)nl John I ytyo• ,.f Property 6 y D�Pg� Olu, 2MIW1 R•0. ao0l -qe-W a�p G 1 R•I R.e< I -A�--`� 1 0° 77 Q L � 1 �' I ��= I-A 5 street. Union 129 R PRELIMINARY I lI -� L� I I l 1 I e$ �� � Rt3ei�rotien a Ease DDIa ' P.L0. : Ogp3n6� catix• ooa : --- pn•1 ore N.T.: ob or srxt ]<nR /3,n : ooDn<et 1 - -- tmWrMl : frAMe. (3M.<3]< RRp aro1 -09 -q5 r�mRNSwend a Rq^•or/Rme ple. au3a]se n a xgT•s,�e,.a Ry, mto -m -� os� zewaoLO R.4 mto -m-tz Y SSa 3aSB63 Y 3, ,6310 a- 61 ]6] 961.1b wq, m DB -ta wade M, MocNutt A7 ]6] a 9, 238 ] 61A ]165x3 ]m 118.1/6 1 ml e.a., r. doer.,. an K e. B6tl adm�lis Jt,fb rn,n C.p,y egDre�lx. m N.B. Ym i. 10< n6 ]9501. Isml6 .R NApe] 615 wx Wu. m NR Y•n. - - -} L W a- an 11 Tee,s . N pm,n(ti imee661 MaM•na dMtl. ]. Iw• a! .wwl mllnm flu. e>i� . MYM.a inf•im.em .-.qw Rew w6em mu.•.,. .. UI ORe•nM one Au Mlnren ,.ln to qP NIWI Wt. ler gam ,enP GX.y. .�• a ode •w.y mAwtr3m .n .n n, mia mm a AA umPUtoe.m l.naxue ue mw,INan .oxen m IFi. pen tlim Pn N<v enmae5 5te,.eq.opNe Drop, Pn}abn me . Y10BafM61 mmaa .. naluetl W seMOe N.• trnMn IegR P.sea ebaA eowmwl..iny ,.�mwx6 ]. in o larbry xeh 8a6.n 3111)(.) a U. CemnuRp Pgmm�q Sw�lu�ioxo sae exunYim�nan'.apu°oe wmt wir. T 1n• CW c: Subdivision Plan pn•1 New Brunswick (.rid --- cllnote Valur. 1 City of Saint John, r e. Sa3 M7 Y SSa 3aSB63 Y 3, ,6310 a- 61 ]6] 961.1b r/il4 n, wade M, MocNutt A7 ]6] a 9, 238 ] 61A ]165x3 ]m 118.1/6 1 ml e.a., GLG R. 0.30pDY1 � zegs sl le ] 9.s1 33a2,.] 7 3]I aA1Yl. M2.3" 1 SB3 mm a 36] YR7.61t -m R: GlG n, /10 3 SN a 331 1-129 ) Sbl = ]e] mYDl3 G n, /t1 "1 z 331 ]Oa91] a 5, Mme , ]al 2,36337 7 363 gse.l]t r •" W. aA1C, <R. I 117 z 0 mle 7 3, aeals6 ]W 890.171 i eUO. n. <'e z e3< ­.l. 7 Us �3 Gtc n. 1 p <m 3 53, zm�n ] ]]I 311.176 1 931.15. ] 361 1!1.!23 GLG n, GLC Pl. 131 966 3 S]r ]<.,]BY 2 SN 31!1,2, 7 ]65 ge42,1a 1 3a] e3a2le GLC K. 1 72,61 1 s3 Ilae]D 7 ]63 Mm Na. gN{Oaf Subdivision Plan City of Saint John Subdivision, Peet Plaza, City of Saint John, Saint John County, New Brunswick. WIIRm t'sr.•5 B 1 av6aree BURVa're r CO1feV4ewR1® 11wG 1P U Me bn rot] W s wade M, MocNutt U G 0.30pDY1 � zegs °P°• ttp61<3 •.�]Ope 1 OPEN SESSION February 22, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: Subject: CAPITAL FINANCING The attached Notice of Motion has been prepared as a first step in the permanent financing of certain Capital Projects. The purpose of the issue is summarized on the attached schedule. The giving of this Notice of Motion does not commit the City to any further action. It does, however, place the City in a position to take action after the expiry of 30 days at such time as bond market conditions and opportunities permit. At this stage, it is not necessary to set limits with respect to the coupon rate or the terms for which bonds are to be issued. These will be established at a later date and will be related to the market conditions at that time. Respectfully subm Grego Y omans, CGA, MBA ComrAssiofier of Finance In6%, Ir SAINT JOHN :--- I P.O. Box 1971 Saint John, NB Canada E2L 14 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 NOTICE OF MOTION His Worship the Mayor gave the following Notice of Motion. "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution: Namely, RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: (Details to be read from "Purpose of the Issue ")." THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $ 30,300,000. 131 The City of Saint John Proposed issue of Debentures To Be Dated On or After March 28, 2013 Purpose of Issue GENERALFUND General Government $ 500,000 Protective Services $ 6,300,000 Transportation Services $ 2,000,000 Economic Development $ 1,000,000 Parks and Recreation $ 500,000 WATER & SEWERAGE UTILITY Water System $ 500,000 Wastewater System $ 10,500,000 SAINT JOHN PARKING COMMISSION TOTAL 132 10,300,000 11, 000, 000 9,000,000 $ 30,300,000 REPORT TO COMA40N COUNCIL February 21, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors, Subject: APC - Land Transaction Background r The City of Saint John Atlantic Potash Corporation expressed a desire to purchase +/ -99 acres of land at the McAllister Industrial Park for $19,000 /acre and the Sugar Refinery Site for $1.5M for an inventory and material handling facility. The company plans to invest $300 -450M to construct and operate a fertilizer facility including a 220,000 tonne /yr Urea plant and a 160,000 tonne /yr Potassium Nitrate facility to be built in two stages. Common Council considered this request in October, 2012 and directed the City Manager to continue negotiations with APC in order to develop the terms of a comprehensive agreement generally consistent with the following terms; • The City agrees to offer a 24 month option to purchase +/ -99 acres to APC in the McAllister Industrial Park for the construction of a Urea and/or Nitrate plant(s); • Cost @ $19,000 plus HST /acre; • APC deposit of $100,000 refundable less carrying costs; • APC will conduct its EIA and zoning requirements and any other due diligence during the 24 month period; • APC agrees to pay all property carrying costs (i.e. property taxes and any other property related expenses paid by the City) during the period of 24 months which costs will be deducted from the deposit of $100,000; • APC will exercise its option to purchase the land for the construction of a fertilizer facility should all pre -due diligence requirements be satisfied; • In the event APC exercises its option to purchase but does not begin construction of a fertilizer facility (foundation installed and steel erected) within 24 months of the 133 Page 2 purchase, the City has a right to buy -back the property from APC at the initial cost; • APC agrees that it will not seek reimbursement should APC invest any money in the property prior to the City exercising its option; • APC will pay for the relocation of any infrastructure and the costs of the rezoning and street closing processes; • APC to reimburse the City for all actual costs associated with obtaining and filing plans of subdivision for portions of PIDs 434191, 434217 and 434209; • The City and APC will begin negotiations for the specific terms of a sale of the Sugar Refinery site at $1.5M. Staff has concluded an option agreement (attached) for the industrial park site. APC is prepared to move forward beginning with their due diligence on the terms set out in this agreement. The company initially has up to 24 months to satisfy itself regarding EIA requirements, availability of natural gas supplies etc. If they are unable to proceed with the project then they may give written notice during that period to cancel the option agreement. They may also exercise the option anytime during the 24 month period and pay the purchase price in full plus the property taxes. They will then have 24 months from the date of exercise of the option to begin construction as evidenced by the presence of foundations and steel. Should construction not begin within this period the City may exercise its right to have ownership of the property returned to the City. This framework is intended to provide sufficient time to APC to conduct its due diligence and satisfy itself of the technical /economic viability of the project. The second 24 month period is to allow the company adequate time to commission engineering /tenders /contractors and initiate construction. This approach is also designed to ensure that the City secures a development on the site and that the property is returned to the City inventory if the development does not proceed. Input from Others Staff from the Legal Department has been involved in facilitating the negotiations and drafting of the attached Option Agreement. Next Steps Council will recall that the lands are currently owned by Saint John Industrial Parks however the Board has previously indicated their willingness to transfer title of +/ -99 acres to the City for the sum of $1.00 to facilitate this project. In order for the project to proceed to the due diligence stage, it is first necessary for Council to formally secure the land in the Industrial Park from SJIP and then to proceed with the proposed agreement with APC. 184 1 l� Page 3 Recommendation That the City purchase lands bearing Service New Brunswick PIDs 337386, 370429, 55192207, 434225 together with approximately 3 acres of PID 434191 and 10 acres (approximately) of PIDs 434217 and 434209 as shown on the attached plan from Saint John Industrial Parks Limited for the sum of $1.00 and that Mayor and Clerk be authorized to execute an Agreement of Purchase & Sale reflecting the terms and conditions outlined in this report dated February 21, 2013 and in a form acceptable to City Solicitor; and further, That upon the completion of the said purchase, the City enters into an Option Agreement generally in the form as attached with Atlantic Potash Corporation and that the Mayor and Assistant Common Clerk be authorized to sign the said Option Agreement. Respectfully submitted, J atrick Woods CGA City Manager 135 Page 4 90 Acres 86 Acres d61SM mmum Soomto ' aossrr� Dbf3?3� ox"m amoa am" amm" Omm W OR OPTION Parcel: 99 acres (approximately) of land in McAllister Industrial Park comprising all of the lands designated by PID #370429, #337386, #55192207, and #434225 together with 3 acres (approximately) of PID #434191 and 10 acres (approximately) of PIDs #434217 and #434209; all as shown outlined in green on Schedule "A" hereto (the "Parcel "). Owner: The City of Saint John 15 Market - Square P.O. Box 1971 Saint John, NB E21, 4L1 Purchaser: Atlantic Potash Corporation 44 Chipman Hill, Suite 1000 Saint John, NB E2L 2A9 Project: The construction and operation on the Parcel of a urea production facility capable of producing 220,000 tonnes per annum of urea (the "Urea Plant") and/or a potassium nitrate fertilizer production facility capable of producing 160,000 tonnes per annum of potassium nitrate fertilizer (the "Nitrate Plant "). NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the sum of One Hundred Thousand Dollars ($100,000.00) of lawful money of Canada, plus HST, if applicable (the "Deposit "), now paid by the Purchaser to the Owner, the receipt whereof is hereby acknowledged, the Owner hereby gives to the Purchaser an exclusive Option, irrevocable within the time limited herein for exercise to purchase the Parcel together with the appurtenances thereto. 1. This Option is, subject to the conditions set out in clause 2 hereof having been satisfied, exercisable by the Purchaser from the date this Option is executed by the Owner and the Purchaser and until, but not after 4:30 p.m. (AST) on February 2, 2015 (the "Option Period "). 2. Exercise by the Purchaser shall be in writing to the attention: The Common Clerk and delivered by hand, with a copy delivered by hand to the City Solicitor, provided: that the Purchaser has warranted to the Owner in writing that the Purchaser has entered into a written agreement duly executed by the Purchaser and a supplier for a supply of water sufficient to satisfy the operating requirements of the Project; ii. that the Purchaser has warranted to the Owner in writing that the Purchaser has entered into a written agreement duly executed by the Purchaser and a supplier for the delivery of natural gas sufficient to satisfy the operating requirements of the Project; iii. that the Purchaser shall have obtained and provided to the Owner, forthwith upon receipt thereof, copies of all approvals for the Project given by each national, federal, provincial, municipal, local 1U7 -2- or other government, each governmental, regulatory, administrative, judicial, quasi-judicial or other agency, department, corporation, authority, commission, instrumentality, regulatory body, board, panel, court, arbitrator or other entity and any successor thereto, exercising executive, legislative, judicial, quasi - judicial, taxing, regulatory or administrative powers or functions of or pertaining to government or judiciary, and each private regulatory entity, self - regulatory organization or other similar Person having jurisdiction or purporting to have jurisdiction (in whole or in part), in Canada and in any other relevant jurisdiction (Government Authorities) in respect of the Project and/or the Parcel as may be required by all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, by -laws, rules, regulations, permits, licenses, authorizations, directions, and agreements with all Governmental Authorities that now or at any time hereafter may be applicable to the Project and/or the Parcel; including but not limited to an environmental impact assessment (EIA) acceptable to the Owner; iv. that the Purchaser shall have applied for and been granted an amendment to the Zoning By -Law of the City of Saint John to permit the use of the Parcel for the purposes of the Project (it being understood that the City is neither implicitly nor explicitly obligated to grant such amendment); V. that the Owner and the Purchaser shall have executed an agreement drawn pursuant to section 39 of the Community Planning Act; vi. that the Purchaser shall reimburse the Owner for all actual costs associated with obtaining and filing plans of subdivision for those portions of the Parcel comprising 3 acres (approximately) of PID #434191 and 10 acres (approximately) of PIDs #434217 and #434209; vii. in the event that the portion of McIlveen Drive running through the Parcel is stopped up and closed, it being understood that the City of Saint John is neither implicitly nor explicitly obligated to enact any by -law or amendment thereto to stop -up and close any portion of McIlveen Drive, the Purchaser shall, at its sole cost and in accordance with engineering plans approved by the Chief City Engineer, relocate to the satisfaction of the Owner all municipal infrastructure located within the limits of the closed street and provide registered easements to accommodate such relocation in favour of the Owner, in form and content acceptable to the Owner; and viii. that the Purchaser shall enter into an Option with the Owner to purchase the former Sugar Refinery site located on Charlotte Street, in the said City of Saint John. In the event that the Purchaser cannot satisfy the conditions set forth in clause 2 prior to exercising this Option, the monies paid for the Option shall be refunded to the Purchaser save and except for any monies owing under clause 5 and further, all expenditure of monies by the Purchaser to satisfy such conditions precedent are to the account of the Purchaser and there shall be no recourse by the Purchaser against the Owner. 3. The Owner hereby appoints the Purchaser to be the authorized agent of the Owner for the purpose of an application to amend the City's Zoning By -Law as required by clause 2(iv). F, 07., -3- 4. The Owner shall, upon receipt of a plan of survey from the Purchaser, in form and content satisfactory to the Owner, set a date for the Public Hearing to consider the enactment of a by -law to stop up and close that portion of McIlveen Drive described in clause 2(vii) and shall authorize the publication of a notice of its intention to consider the passing of such by -law. All costs incurred to effect the passing of such by -law, including but not limited to survey, translation, publication and registration, shall be paid by the Purchaser. In the event that a street closing is effected, the lot of land thereby created shall be conveyed to the Purchaser, at a cost of ($19,000.00) Dollars (Canadian funds) per acre, plus HST, the Owner and the Purchaser shall each bear their respective cost related to the transaction. 5. During the Option Period all real property taxes levied and incurred in respect to the Parcel by the Owner (the "Costs ") shall be to the account of the Purchaser. In the event that the Purchaser does not exercise this Option the Costs shall be deducted from the Deposit prior to the return of the Deposit to the Purchaser. In the event that the Purchaser exercises this Option, the Purchaser shall, at the exercise of the Option deliver to the Owner a certified cheque in the amount of the Costs. 6. Prior to exercise, and if exercised thereafter until Closing, the Purchaser, by its authorized representatives, with such equipment as may be necessary has a right of access to, in and upon the Parcel at any time provided such right is exercised with as little disturbance as possible to the Owner and does not unduly interfere with the Owner's use of the Parcel at such times and for such purposes to allow the Purchaser to carry out such inspections, surveys, testings and environmental audits as the Purchaser shall deem necessary; any entry by and on behalf of the Purchaser shall be at its and their risk, cost and expense and the Purchaser shall make good any and all damages caused to the Parcel; the Purchaser shall not exercise any access in, to and upon the Parcel until the Purchaser shall deliver to the Owner a Certificate of Insurance naming the Owner as an additional insured, evidencing a policy of commercial general liability coverage on (an occurrence) basis and containing a cross liability clause, which policy must have an inclusive limit of not less than Five Million ($5,000,000.00) Dollars. The aforesaid Certificate of Insurance must provide that the coverage shall stay in force and not be amended, cancelled or allowed to lapse without thirty (30) days prior written notice being given to the Owner. The aforesaid insurance coverage must remain in full force and effect during the entire term of this Option; the Purchaser for itself and its authorized representatives hereby indemnifies and saves harmless the Owner from and against all matters arising by reason of the exercise by the Purchaser or by its authorized representatives of the rights given by this clause, the Purchaser shall forthwith upon receipt provide to the Owner copies of any and all reports, letters, memos and any other documentation written or electronic, received in respect of all inspections, surveys, testings and environmental audits. 7. During the term of the Option, the Owner shall have the right to freely utilize the Parcel but shall not interfere with the right of access hereinbefore given to the Purchaser. 8. This Option is not assignable without the prior written consent of the Owner. The Owner will not enter into negotiations with a third party for the sale of the Parcel during the Option Period. 9. In the event that the Purchaser exercises this Option as hereinbefore provided, it is hereby agreed that a binding Agreement of Purchase and Sale (the "Agreement of Sale ") is hereby constituted between the Owner and the Purchaser, whereby the Owner shall sell and the Purchaser shall purchase the Parcel, in accordance with and subject to the terms and conditions contained herein. IG', The Purchase Price for the Parcel is Nineteen Thousand (S 19,000.00) Dollars (Canadian funds) per acre of the Parcel, plus HST, title to which will be conveyed upon payment in full which shall be as follows: i. The sum of One Hundred Thousand ($100,000.00) Dollars paid to the Owner at the time of executing the Option shall be credited to the Purchase Price as a Deposit; ii. The balance of the Purchase Price, plus applicable taxes, on Closing. 10. Harmonized Sales Tax (HST) payable in respect of this transaction shall be in accordance with the Excise Tax Act (Canada). 11. In the event that the Purchaser has exercised the Option and defaults on Closing all monies paid by the Purchaser shall be forfeited to the Owner. 12. The Purchase Price shall be paid as stipulated herein and subject to normal adjustments, upon the Owner's delivery to the Purchaser of a Transfer of title in registerable form the effect of registration to be free from all encumbrances save and except: i. The overriding incidents set out in section 17(4) of the Land Titles Act, S.N.B. Ch. L -1.1; ii. Restrictive covenants currently registered on title; iii. Easements currently registered on title; iv. Any easements required from the Parcel for municipal services and public utilities; V. Any public street and/or Land for Public Purpose requirements required from the Parcel; vi. An Option, irrevocable within the time limited for acceptance to purchase free from encumbrances and restrictions other than encumbrances and Parcel restrictions existing at Closing, which Option shall arise on the second anniversary of the Closing, the Parcel, if, at that time the Purchaser has not commenced construction of the project upon the Parcel; this Option shall be open for acceptance in writing pursuant to clause 17 herein for thirty (30) days following the date of its arising at the price of Nineteen Thousand ($19,000.00) Dollars per acre of the Parcel, plus applicable taxes, payable at the Closing of the repurchase not later than thirty (30) days following acceptance, such Closing shall take place at the City Solicitor's Office. "Commencement of the project" means the completion of the installation of the foundation and the steel erected for the construction of either the Urea Plant or the Nitrate Plant. All expenditure of monies or otherwise by the Purchaser between the Closing and the exercise of this Option and its Closing are to the account of the Purchaser and there shall be no recourse by the Purchaser against the Owner. 13. The Owner shall have good and marketable title to the Parcel free and clear of all encumbrances save and except such as are enumerated in clause 11. The Purchaser shall not call for production of any title deeds, abstracts, surveys, building location certificates, or other evidence of title except such as are in the possession of the Owner. Up to the date of the enactment of the Zoning By -Law Amendment, the Purchaser may examine the title to the Parcel at its own expense. If within that time a valid objection to title is made in writing by the Purchaser to M WN the Owner, which the Owner shall be unable or unwilling to remove within ten (10) days of notification of the said objection or objections and which the Purchaser will not waive, this Agreement shall notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and the Owner shall not be liable for any of the Purchaser's costs or damages. Save as to any valid objections so made within such time the Purchaser shall be conclusively deemed to have accepted the title of the Owner to the Parcel. 14. The Purchaser's solicitors are hereby appointed Agents of the Owner for the purposes of migration of the title to the Parcel to the Land Titles System and the Purchaser's solicitors shall at the sole expense of the Purchaser, apply for the required PID Approval, certify title to the Lands for the purpose of migration to the Land Titles System and migrate the Lands to the Land Titles System. The Purchaser shall forward to the Owner's solicitors at least five (5) business days prior to the closing date an Application for First Registration (Form 1) and the Owner's solicitors shall forthwith return to the Purchaser's solicitors an Affidavit of Applicant (Form 2) and a Certificate of Notary under the Land Titles Act. 15. All adjustments of interest, rents, taxes, rates and insurance premiums shall be made to the date of closing which shall be on or before 4:00 p.m. (local time) the sixtieth day following the exercise of the Option, on which date the Purchaser shall be entitled to possession of the specified parcel. 16. Vacant possession of the specified parcel and the right to enter, occupy and enjoy the same shall be delivered by the Owner to the Purchaser on the closing. 17. Any notice required shall be in writing and delivered by hand, in the case of the Owner shall be given to the Owner: Attention: The Assistant Common Clerk, City Hall, 8t' Floor, 15 Market Square, Saint John, New Brunswick, E2L 1E8 and to the Purchaser Attention: Atlantic Potash Corporation, 44 Chipman Hill, Suite 1000, Saint John, New Brunswick E2L 2A9. 18. Time shall be of the essence. 19. The laws of New Brunswick shall govern. 20. During the Option Period, the Purchaser may terminate this Option in its entirety upon thirty (30) calendar days' prior written notice to the Owner. 21. In the event that the Purchaser terminates this Option pursuant to clause 20, the Owner shall be entitled to receive payment of all real property taxes levied and incurred in respect to the Parcel up to the date of termination. 22. The Owner and the Purchaser shall attempt to negotiate all disputes in good faith. 23. In the event the Owner and the Purchaser are unable through good faith negotiations to mutually resolve any dispute, controversy or claim arising out of, in connection with, or in relation to the interpretation, performance or breach of this Option and/or the Agreement of Sale, such dispute, controversy or claim shall be referred to dispute resolution in accordance with Schedule B. 24. This Option shall be read with all changes of gender or number as required by the context. 25. This Option and any Agreement of Sale arising here from shall extend to and be binding upon and enure to the benefit of the Owner and the Purchaser, their successors and assigns. WON DATED at Saint John, New Brunswick f 2013. OWNER: The City of Saint John Mel Notron, Mayor Jonathan A. Taylor, Assistant Common Clerk Common Council Resolution: PURCHASER: Atlantic Potash Corporation Keith Attoe, Director I have authority to bind the Purchaser ia�• -7 Schedule "A" McAllister Industrial Park Parcel to r+ 042M Uxm z WNrrm i gem aoxwxt � $6 A CfoeS Acre x_ 22 to Schedule "B" Dispute Resolution Procedure A. Referral to Senior Management 1. All disputes arising out of, or in connection with, this Option and /or the Agreement of Sale, or in respect of any legal relationship associated with or derived from this Option and /or the Agreement of Sale, shall within two (2) business days be referred for resolution to the City Manager and the authorized representative of the Purchaser. 2. If the City Manager and the authorized representative of the Purchaser are not able to resolve the dispute referred to them under this section A within seven (7) business days following such referral, the matter shall be referred for resolution by way of mediation upon the willingness of the parties. B. Mediation 1. Despite an agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. 2. If the parties resolve to mediate the dispute referred to them under subsection A -2, the parties shall invoke the following mediation process: (a) Either party shall immediately declare an impasse and provide written notice to the other party within seven (7) business days thereof (or such other period as the parties mutually prescribe) declaring that such party wishes to proceed to mediation and setting out in reasonable detail the issue(s) to be resolved, the proposed time and a list of at least three (3) and not more than five (5) proposed mediators. Each of the proposed mediators shall be an individual: (i) with at least ten (10) years' experience working in an executive capacity or representing clients in the area of public disputes, and (ii) unless otherwise agreed by the parties, with no prior connection, affiliation or other formal relationship with either party. (b) Upon receipt of such notice, the notified party shall have two (2) business days to select one of the proposed mediators as the mediator, failing which the party providing notice shall select one of its proposed mediators as the mediator. Within ten (10) business days following selection of the mediator the matter shall be heard by the mediator. (c) The mediator shall be entitled to establish his or her own practices and procedures. Each party shall co- operate fully with the mediator and shall present its case to the mediator orally and /or in writing within ten (10) business days following the mediator's appointment. The mediation shall not be in the nature of arbitration as contemplated by the Arbitration Act (1992), New Brunswick, and the mediator's is =:. decision shall not be binding upon the parties, but shall be considered as a bona fide attempt by the mediator to judiciously resolve the dispute. The decision of the mediator shall be rendered in a written report, not to exceed two pages in length, delivered to the parties within ten (10) business days following the last of such presentations. The fees of the mediator shall be shared equally by the parties. 3. The mediation shall be terminated: (a) By the execution of a settlement agreement by the parties; or (b) By a written declaration of one or more parties that the mediation is terminated; or (c) By a written declaration by the mediator that further efforts at mediation would not be useful. 4. The place of mediation shall be the City of Saint John and Province of New Brunswick. C. Arbitration 1. In the event that the parties are unwilling to mediate their dispute or that the dispute between the parties remain unresolved after mediation has been attempted in good faith, then either the Owner or the Purchaser, upon written notice to the other, may refer the dispute for determination to a Board of Arbitration consisting of three persons, one chosen by and on behalf of the Owner, one chosen by and on behalf of the Purchaser and the third chosen by these two. 2. In case of failure of the two arbitrators appointed by the parties hereto to agree upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the Court of Queen's Bench of New Brunswick. 3. No one shall be appointed or act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of either party. 4. Notwithstanding the provisions of the Arbitration Act (1992), New Brunswick, the Board of Arbitration, upon such terms as are deemed by it to be appropriate, may allow a party to amend or supplement its claim, defence or reply at any time prior to the date at which the parties have been notified of the arbitration hearing date, unless the Board of Arbitration considers the delay in amending or supplementing such statements to be prejudicial to a party. The Board of Arbitration will not permit a party to amend or supplement its claim, defence or reply once the arbitration hearing has been scheduled. 5. The Board of Arbitration may encourage settlement of the dispute and, with the written agreement of the parties, may order that mediation, conciliation or other procedures be used by the parties at any time during the arbitration proceedings to encourage settlement. 6. If, during the arbitration proceedings, the parties settle the dispute, the Board of Arbitration shall, upon receiving confirmation of the settlement or determining that there is settlement, terminate the tAb - 10- proceedings and, if requested by the parties, record the settlement in the form of an arbitration award on agreed terms. 7. Subject to subsection C -8, any determination made by the Board of Arbitration shall be final and binding upon the parties and the cost of such determination shall be apportioned as the Board of Arbitration may decide. 8. Either party may appeal an arbitration decision to the Court of Queen's Bench of New Brunswick: (i) on a question of law; or (ii) on a question of fact; or (iii) on a question of mixed fact and law. 9. The place of arbitration shall be the City of Saint John and Province of New Brunswick and the provisions of the Arbitration Act (1992), New Brunswick, shall apply to the arbitration. ►l , McAllister Fertilizer Production Facility Atlantic Potash Corporation Presentation to Saint John Common Council February 25, 2013 147 Atlantic Potash Corporation Atlantic Potash Corporation (APC) is a New Brunswick mineral exploration and development company, focused on exploring potash development and production opportunities in southern New Brunswick. 148 Exploring Opportunities Over the next 24- months, APC will be completing its due diligence regarding the development of a specialty potash -based fertilizer production facility to be located at McAllister Industrial Park located in Saint John's east side. 149 Future of Fertilizer Global demand for fertilizer is growing quickly. We plan to produce and export 380,000 tons annually of the highest quality fertilizers from Saint John, New Brunswick, and deliver it to markets including Europe and South America. 150 APC Proposal • We are proposing to build two specialty fertilizers production plants on 100 acres of land in McAllister Industrial Park. • The facility would produce potash -based fertilizers, which would include: urea, potassium nitrate and ammonium chloride. 151 Specialty Fertilizers to be Produced • Urea is water soluble and non - toxic. It is used as a fertilizer for crops and soils as a base or top application. • Potassium Nitrate is a natural solid source of potassium and nitrogen. It is non - chlorine, non -toxic and water soluble. It is largely used to supplement plant nutrients. • Ammonium Chloride is a naturally occurring substance in salt and ammonia that dissolves easily in water. It is mainly used in agricultural fertilizers, processing, and tanning. 152 McAllister Fertilizer Production Facility • Potash will be supplied locally and imported to the fertilizer production facility. • The capital investment of the Fertilizer Production Facility at McAllister Industrial Park would be $350 million. 153 o .• law - - :rte. .Q X00; r •� ,tom do s . • iFOt6 °� lap � .AiA 10 %Ili � �' >� -• �� '�00 OF 10 -n Economic Benefits 18 -month construction period • $350 - million capital investment • Over 1,200 jobs • $45- million in wages and salaries • $79- million contribution in the provincial GDP • Over $9- million in provincial taxes 155 Economic Benefits Annual operation • $344 million in operating and maintenance costs • Over 1,300 jobs (570 direct) • $40- million in wages and salaries • $80- million contribution in the provincial GDP • Over $9.5- million in provincial taxes • $4 million in property taxes to City of Saint John • 9 million gigajoules of natural gas consumption 156 Atlantic Potash Corporation (APQ looks forward to working with New Brunswickers to help grow our region. Saint John has access to a wealth of skilled labourers, extensive potash resources, natural gas and a world class seaport, making it a perfect fit for the specialty fertilizer production facility at McAllister Industrial Park. 14 plans to produce and export 3803000 tons of the highest quality fertilizers annually ■■■■■■ ■ ■■ ■■■ ■■ ■ ■■■■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ATLANTIC POTASH fORPORATION _M999109 Anticipated Timelines for McAllister Fertilizer Production Facility All components of each phase must be completed and approved before moving to the next phase: Phase 1 (2013 - 2015): Regulatory approvals, including Environmental Impact Assessment (EIA) (up to 24 months for completion) Phase 2 (21715 - 2017): Construction will be completed 24 months after EIA is approved Phase 3 (2017): Operations begin To manage our environmental performance, Atlantic Potash will meet or exceed all provincial and federal regulatory requirements surrounding our activities. 158 Why this timeline? • We will use this timeline to carefully plan and manage our environmental performance. • It is important to APC that we meet or exceed all provincial and federal regulatory requirements surrounding our activities. 159 Why Saint John? • Saint John has a wealth of skilled labourers, extensive potash resources, access to natural gas and a world class seaport. • We have received tremendous support from the region's local MPs, the province of New Brunswick, the Premier, local MI-As, Port Saint John, Invest NB, Enterprise Saint John, and City of Saint John, Mayor, Council and City staff. 160 IML Conclusion We look forward to working closely with the City of Saint John and Council to keep you updated. For more information and updates, please visit: www.apcpotash.com 161 w �vt • ifj��, The city of Saint John February 25, 2013 Deputy Mayor and Councillors Subject: Recommended Appointments to Committees RESOLVED that as recommended by the Committee of the Whole, having met on February 25, 2013, recommends that the following appointments to committees be made: Fort LaTour: Notwithstanding the policy adopted by Common Council on October 29, 2012 regarding appointments to agencies, boards and commissions, to re- appoint Councillor Farren for a term from February 25, 2013 until the end of his current term on Council; to re- appoint Helene Williams for a one year term from February 25, 2013 until February 25, 2014; and to appoint Beth Kelly and Lorne Daltrop each for a one year term from February 25, 2013 until February 25, 2014. Saint John Transit Commission: to appoint Councillor Reardon for a term from February 25, 2013 until the end of her current term on Council. Sincerely, Mel Norton Mayor r 11 SAINT J014N n0. Sax 19 71 Saint Joan, NB Canada E2L462wvwraint ohn.,ca , CP.1971 &A"t John, OVA. Can,x�a EX 40 The City of Saint John February 25, 2013 Deputy Mayor and Councillors Subject: Amendment to Council Resolution of October 29, 2012 RESOLVED that as recommended by the Committee of the Whole, having met on February 25, 2013, recommends that Council amends Section 2 of the Council resolution of October 29, 2012 pertaining to recommended changes to agencies, boards and commissions by adding: Council has the authority to re- appoint a member who has served for a period of six or more years on an agency, board or commission, if not doing so poses a potential negative impact to either operations or a specific project of the said agency, board or commission. Sincerely, Mel Norton Mayor r..` . SAIN1° JD# N !"O. Box i97' S int John, JAB ar��,�a E7L O v n!,vsai»t ±�n.ca C.P. 1971 Sairrtki►�n, ,�'. -6. Canada EZL � 1