2014-01-20_Agenda Packet--Dossier de l'ordre du jourMonday, January 20, 2 014
6:®® 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 du greffier communal au 658 -2862.
Pages
1. Call to Order - Prayer
2. Approval of Minutes
2.1 Minutes of January 6, 2 014 2 - 6
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1
Province of New Brunswick - Heritage Week 2014 (Recommendation: Refer to
7-10
Clerk to prepare Proclamation)
5.2
Heart and Stroke Foundation of NB - Heart Month (Recommendation: Refer to
11 -13
Clerk to prepare Proclamation)
5.8
Exhibition Park - Request to Present (Recommendation: Refer to Clerk to
14-14
Schedule)
5.4
Arena Advertising to Benefit P.R.O. Kids (Recommendation in Report)
15-19
5.5
Merchant Agreement Addendum - Chase Paymentech Solutions and American
20-26
Express Card Agreement (Recommendation in Report)
5.6 Town of Rothesay - Ad Hoc Committee - Rail Crossing at Kennebecasis Park 27-29
(Recommendation: Refer to Nominating Committee)
2
5.7 Amendment to December 9, 2013 Minutes (Recommendation in Report)
30-31
5.8 Province of New Brunswick re Presentation on Water Fluoridation
32-32
(Recommendation: Refer to Clerk to Schedule)
6.
Members Comments
7.
Proclamation
8.
Delegations / Presentations
9.
Public Hearings
10.
Consideration of By -laws
10.1 Third Reading Business Improvement Levy ByLaw
33-33
11.
Submissions by Council Members
11.1 Water Run Off of City Property (Councillor Farren)
34-34
11.2 Adopt a- Hydrant (Councillor Norton)
35-35
12.
Business Matters - Municipal Officers
12.1 Demolition of Vacant, Unoccupied, Dilapidated and Dangerous Building at 168
36-81
Main St
13.
Committee Reports
14.
Consideration of Issues Separated from Consent Agenda
15.
General Correspondence
15.1 New Brunswick Dental Society: Presentation related to Fluoridation of
82-82
Municipal Water Supplies
16.
Supplemental Agenda
17.
Committee of the Whole
17.1 Committee of the Whole: Saint John City Market Head Tower - Water Damage,
83-83
Closure and Capital Renewal
17.2 Committee of the Whole: Purchase of Griffin Lands in McAllister Industrial Park
84-84
(Councillor Fullerton)
18.
Adjournment
2
City of Saint John
Common Council Meeting
Monday, January 20, 2014
Committee of the Whole
1. Call to Order
Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez
contacter le bureau du greffier communal 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 subsection 10.(2)(4) of the Municipalities Act and Council / Committee will
make a decision(s) in that respect in Open Session:
4:30 p.m. 8th Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Financial Matter 10.2(4)(c)
1.3 Confidential Matter 10.2(4)(e)
1.4 Proposed ByLaw
1.5 Personal Matter 10.2(4)(b)
1.6 Land Matter 10.2(4)(4)
The City of Saint John
Seance du conseil communal
Le lundi 20 janvier 2014
Comit6 pl6nier
1. Ouverture de la s6ance
Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez
contacter le bureau du greffier communal au 658 -2862.
Chacun des points suivants, en totalite ou en partie, peut faire 1'objet dune discussion en prive en
vertu des dispositions prevues au paragraphe 10.2(4) de la Loi sur les municipalites. Le
conseil/comite prendra une ou des d6cisions a cet egard au cours de la s6ance publique
16 h 30 — Salle de conf6rence, 8e 6tage, h6tel de ville
1.1 Approbation du proces- verbal — paragraphe 10.2(4)
1.2 Question financiere — alinea 10.2(4)c)
1.3 Question confidentielle — alinea 10.2(4)e)
1.4 Projet de reglement — Projet de reglement modifie de Saint John Industrial Parks
1.5 Question relative au personnel — alinea 10.2(4)b)
1.6 Question relative aux biens -fonds — alinea 10.2(4)d)
Seance ordinaire
1. Ouverture de la r6union, suivie de la priere
2. Approbation du proces- verbal
2.1 Proces- verbal du 6 janvier 2014
3. Adoption de 1'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a Papprobation du conseil
5.1 Province du Nouveau - Brunswick — Semaine du patrimoine 2014
(recommandation : transmettre au greffier pour qu'une proclamation soit redigee)
5.2 Fondation des maladies du coeur du Nouveau - Brunswick — Mois du coeur
(recommandation : transmettre au greffier pour qu'une proclamation soit redigee)
5.3 Demande soumise par Exhibition Park en vue de se presenter levant le conseil
(recommandation : transmettre au greffier pour qu'une date de presentation soit fixee)
5.4 Publicite au profit de P.R.O. Jeunesse Bans les arenas (recommandation figurant
au rapport)
5.5 Addenda a 1'entente avec les commer� ants — Entente avec Chase Paymentech
Solutions et American Express Card (recommandation figurant au rapport)
5.6 Ville de Rothesay : Comite special — Passage a niveau du pare Kennebecasis
(recommandation : transmettre au comite des candidatures)
5.7 Modification au proces- verbal de la seance tenue le 9 d6cembre 2013
(recommandation figurant au rapport)
5.8 Province du Nouveau - Brunswick — Presentation sur la fluoration de 1'eau
(recommandation : transmettre au greffier pour qu'une date de presentation soit fixee)
6. Commentaires pr6sent6s par les membres
7. Proclamation
8. D616gations et pr6sentations
9. Audiences publiques
10. Etude des arret6s municipaux
10.1 Troisieme lecture de 1'arrete concernant la taxe d'amelioration des affaires
11. Interventions des membres du conseil
11.1 Eaux de ruissellement des terrains municipaux (conseiller Farren)
11.2 Adoptez une borne- fontaine (conseiller Norton)
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Demolition d'un batiment vacant, inoccup &, d &labr& et dangereux situ& au
168, rue Main
13. Rapports d6pos6s par les comit6s
14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil
15. Correspondance g6n6rale
15.1 Social dentaire du Nouveau - Brunswick : Pr6sentation relative a la fluoration du
r6seau municipal d'alimentation en eau
16. Ordre du jour suppl6mentaire
17. Comit6 pl6nier
17.1 Comit& pl &nier : Tour du march& municipal de The City of Saint John —
Dommages caus &s par Peau, fermeture et renouvellement des immobilisations
17.2 Comit& pl &nier : Achat des terrains appartenant a Griffin Bans le pare industriel
McAllister (conseill &re Fullerton)
18. Levee de la s6ance
98-
COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 6, 20141LE 6 JANVIER 2014
COMMON COUNCIL SPECIAL MEETING - THE CITY OF SAINT JOHN
CITY HALL - JANUARY 6, 2014 - 6:00 P.M.
Present:
Mel Norton, Mayor
Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe
MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge
-and -
W. Edwards, Commissioner of Transportation and Environment
Services 1 Acting City Manager; J. Nugent, City Solicitor; G.
Yeomans, Commissioner of Finance and Treasurer; J. Hamilton,
Commissioner of Growth and Community Development Services; N.
Jacobsen, Commissioner of Strategic Services; Sgt. C. Elgee,
Police; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin,
Acting Deputy Common Clerk
1. Call to Order - Prayer
Mayor Norton called the meeting to order and Reverend Dan Lamos of Kings Valley
Wesleyan Church offered the opening prayer.
2. Approval of Minutes
2.1 Minutes of December 23, 2013
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the minutes of December 23, 2013
be approved with the following revision to item 17.1 Long -Term Disability ( "LTD ") Benefits -
Post Bridging Period: add a representative from CUPE Local 486 to the committee.
Question being taken, the motion was carried.
3. Approval of Agenda
On motion of Councillor McAlary
Seconded by Councillor MacKenzie
RESOLVED that the agenda of this meeting be
approved with the addition of item 17.1 Appointments to Committees.
Question being taken, the motion was carried.
4. Disclosures of Conflict of Interest
5. Consent Agenda
10. Consideration of By -laws
10.1 Third Reading Procedural By-Law Amendments
On motion of Councillor McAlary
Seconded by Councillor Farren
RESOLVED that the by -law entitled, "By -Law Number
M -5 A Law to Amend a By -Law Respecting the Procedure of the Common Council of The
City of Saint John ", amending Section 8 and Subsections 3.10, 10.1, 10.3, 15.24, 17.1,
17.3, 21.2, 21.3, 21.5, 21.16, 21.22, 21.23, and 21.26, be read.
Question being taken, the motion was carried.
The by -law entitled, "By -Law Number M -5 A Law to Amend a By -Law Respecting the
Procedure of the Common Council of The City of Saint John ", was read in its entirety.
On motion of Councillor Farren
Seconded by Councillor McAlary
K
98-
COMMON COUNCILICONSEIL COMMUNAL
JANUARY 6, 20141LE 6 JANVIER 2014
RESOLVED that the by -law entitled, "By -Law Number M -5 A Law to
Amend a By -Law Respecting the Procedure of the Common Council of The City of Saint
John ", amending Section 8 and Subsections 3.10, 10.1, 10.3, 15.24, 17.1, 17.3, 21.2, 21.3,
21.5, 21.16, 21.22, 21.23, and 21.26, be read a third time, enacted, and the Corporate
Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the by -law entitled, "By -Law Number M -5 A Law to Amend a
By -Law Respecting the Procedure of the Common Council of The City of Saint John ".
6. Members Comments
Council members commented on various community events
10.2 Third Reading Municipal Plan Amendment 1006 Latimore Lake Road
(Councillor Farren withdrew from the meeting)
On motion of Councillor Reardon
Seconded by Deputy Mayor Rinehart
RESOLVED that the by -law entitled, "By -Law Number
C.P. 106 -6 A Law to Amend the Municipal Plan By -Law" amending Schedule A — City
Structure by redesignating a parcel of land with an area of approximately 29 hectares,
located at 1006 Latimore Lake Road, also identified as a portion of PID Number 00433367,
from Rural Resource Area and Park and Natural Area, to Stable Area, and amending
Schedule B — Future Land Use by re- designating the same parcel of land, from Rural
Resource and Park and Natural Area to Rural Residential, be read.
Question being taken, the motion was carried with Councillor McAlary voting
nay.
The by -law entitled, "By -Law Number C.P. 106 -6 A Law to Amend the Municipal Plan By-
Law', was read in its entirety.
On motion of Councillor Merrithew
Seconded by Councillor MacKenzie
RESOLVED that the by -law entitled, "By -Law Number
C.P. 106 -6 A Law to Amend the Municipal Plan By -Law" amending Schedule A — City
Structure by redesignating a parcel of land with an area of approximately 29 hectares,
located at 1006 Latimore Lake Road, also identified as a portion of PID Number 00433367 „,
from Rural Resource Area and Park and Natural Area, to Stable Area, and amending
Schedule B — Future Land Use by re- designating the same parcel of land, from Rural
Resource and Park and Natural Area to Rural Residential, be read a third time, enacted,
and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the by -law entitled, "By -Law Number C.P. 106 -6 A Law to Amend
the Municipal Plan By -Law'.
(Councillor Farren re- entered the meeting)
11. Submissions by Council Members
11.1 Request for Proposal for Services from the Royal Canadian Mounted Police
(Councillor Merrithew)
On motion of Councillor Merrithew
Seconded by Councillor Strowbridge
RESOLVED that Common Council refer to the City
Manager for advice and a report on the cost and process for obtaining from the Royal
Canadian Mounted Police a quote for providing policing services for the City of Saint John
on the basis that the RCMP would hire members of the Saint John Police Force if the
RCMP were to assume policing services for the City of Saint John.
K3
98-
COMMON COUNCILICONSEIL COMMUNAL
JANUARY 6, 2014ILE 6 JANVIER 2014
Councillor McAlary raised a point of order on two issues: whether a debate could occur on a
matter of referral and whether it was legal for Council to be involved with the discussion as
the Mayor and Councillor Norton are board members on the Police Commission.
The Mayor advised that on a referral motion, debate is limited to the propriety of the referral.
Mr. Nugent advised that the extent to which he could comment would be to advise Council
that there could be potential issues with the Labour Relations Act and the Shared Risk
Pensions plan.
Question being taken, the motion was carried, with the Mayor casting the
deciding vote in favour of the motion, and Deputy Mayor Rinehart, Councillors Lowe,
MacKenzie, McAlary and Reardon voting nay.
11.2 Permanent Residence Vote and Municipal Elections (Councillor Norton)
On motion of Councillor Norton
Seconded by Councillor Strowbridge
RESOLVED that Common Council direct the Common
Clerk to schedule a presentation by the Saint John Human Development Council on the
topic of extending the right to vote in municipal elections to permanent residents.
Question being taken, the motion was defeated with Deputy Mayor Rinehart
and Councillors Lowe, MacKenzie, McAlary, Reardon and Strowbridge voting nay.
On motion of Councillor Norton
Seconded by Councillor Strowbridge
RESOLVED that Common Council endorse the
concept of extending the right to vote in municipal elections to permanent residents and
signal support by sending a letter to the Premier and local MLA's.
Question being taken, the motion was carried with Councillors 1=arren and
Fullerton voting nay.
7. Proclamation
8. Delegations 1 Presentations
9. Public Hearings
9.1 Proposed Business Improvement Area Levy By -Law Amendment
The Common Clerk advised that the necessary advertising was completed with regard to
the Business Improvement Levy; that there were no objections received, and that the
amount of $0.16 cents per one hundred dollars of assessment for 2014 is the same as last
year.
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that as requested by the Board of
Directors of Uptown Saint John Inc., Common Council approve the submitted 2014 budget
to the Business Improvement Area as follows:
REVENUE
BIA Levy
$413,858.00
Employment Grants
6,500.00
Waterfront Development
15,000.00
Marketing Recoveries
30,000.00
Bad Debt Recovered
2,000.00
Miscellaneous Revenue
2,000.00
Uptown Awards
Total Revenue
$475,358.00
EXPENDITURES
Communications $ 13,500.00
IC Relations & AGM and Awards 3,200.00
Waterfront Development 15,000.00
Development Design & Planning 33,000.00
E
98-
COMMON COUNCIUCONSEIL COMMUNAL
JANUARY 6, 20141LE 6 JANVIER 2014
Marketing
Festivals & Events
Environment
Discover Saint John
Non - recoverable
Committee Exp. Total
Office & Admin Expense
Total Expenditures
Question being taken, the motion was carried.
78,000.00
30,000.00
15,000.00
15, 000.00
369.00
203, 069.00
272,289.00
$475,358.00
On motion of Councillor McAlary
Seconded by Councillor Reardon
RESOLVED that the by -law entitled, "A Law to Amend
By -Law Number BIA -2, Business Improvement Levy By- Law ", by applying a levy of 16 cents
for each one hundred dollars of assessed value for 2014, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled, "A Law to Amend By -Law Number BIA -2,
Business improvement Levy By- Law ".
On motion of Councillor McAlary
Seconded by Councillor Merrithew
RESOLVED that the by -law entitled, "A Law to Amend
By -Law Number BIA -2, Business Improvement Levy By -Law" by applying a levy of 16 cents
for each one hundred dollars of assessed value for 2014, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled, "A Law to Amend By -Law Number BIA -2,
Business Improvement Levy By -Law".
12. Business Matters - Municipal Officers
12.1 Contract No. 2013 -23: Raw Water Transmission Main Pipe Repair
On motion of Councillor Farren
Seconded by Councillor McAlary
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2014 -01, Contract No. 2013 -23: 1500 mm Dia. Raw
Water Transmission Main Pipe Repair be awarded to the low tenderer, Fairville
Construction Ltd., at the tendered price of $71,642.00 including HST as calculated based
upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
Question being taken, the motion was carried.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Supplemental Agenda
17. Committee of the Whole
17.1 Nominating Committee Recommendations to Committees
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the
Committee of the Whole, having met on January 6, 2014, the terms of Albert Vincent and
Councillor Bill Farren on Saint John Industrial Parks be brought to an end effective January
6t', 2014.
Question being taken, the motion was carried.
On motion of Councillor McAlary
61
98-
COMMON COUNCILICONSEIL COMMUNAL
JANUARY 6, 20141LE 6 JANVIER 2014
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the Committee of
the Whole, having met on January 6, 2014, the terms of Carl White, Donald Gillis,
and Sandy gastarache on Saint John Non Profit Housing be brought to an end effective
January 6th, 2014.
Question being taken, the motion was carried.
On motion of Councillor McAlary
Seconded by Councillor Strowbridge
RESOLVED that as recommended by the Committee of
the Whole, having met on January 6, 2014, the term of Ralph Holyoke on the Trade and
Convention Oversight Committee be brought to an end effective January 6th, 2014.
Question being taken, the motion was carried.
18, Adjournment
On motion of Councillor Strowbridge
Seconded by Councillor McAlary
RESOLVED that the Common Council meeting of
January 6, 2014 be adjourned.
Question being taken, the motion was carried.
The Mayor declared the meeting adjourned at 6:35 p.m.
Mayor 1 maire
Common Clerk/ greffier communal
[.1
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C A N A D A
December 10, 2013
Dear Friends of Heritage:
Subject: Heritage Week 2014
"n'
As Minister for the Department of Tourism, Heritage, and, Culture, I invite you to
celebrate Heritage Week 2014, taking place in 2014 from February 10 to 17.
In recognition of the 100th anniversary of the beginning of World War I, as well as the
75th anniversary of the commencement of World War II, the theme for Heritage Week
2014 will be: New Brunswick Remembers (9994 -2014) Le Nouveau- Brunswick se
souvient. I invite you to please take a moment to reflect upon how the two world
conflicts have shaped our identity, and how the sacrifices made by so many New
Brunswickers have supported the cause of peace.
Now is the time to begin planning for Heritage Week 2014. For this reason, New
Brunswick's Heritage Week Committee is pleased to provide you with this resource
package, commemorating "New Brunswick Remembers ". It is hoped that the material
will assist with organizing and promoting your activities.
Please take a few moments to review the material provided, and think about what you
can do to recognize Heritage Week 2014. Then, plan your event and complete the
enclosed registration form.
Heritage Week 2014 offers a fitting opportunity to commemorate our shared past.
Sincerely,
Trevor A. Holder
Minister
Nnis erd, uuah' -tuir
u'aaW m Heritage and iC diruaria:VT Msmr e, P atftohrw et U'wre
11(),IRiuxlQ':.P .61000 Frird'rniirtouu Brinisvi' *;
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C A TAT A D A
Le 10 decembre 2013
Objet : La Semaine du patrimoine 2014
Chers amis du patrimoine,
A titre de ministre du Tourisme, du Patrimoine et de la Culture, je vous invite a celebrer
la Semaine du patrimoine du 10 au 17 fevrier 2014.
Afin de souligner le 100' anniversaire du debut de la Premiere Guerre mondiale et le
75e anniversaire du debut de la Seconde Guerre mondiale, le theme de la Semaine du
patrimoine 2014 sera Le Nouveau- Brunswick se souvient (1994 - 2094). Je vous
encourage a prendre un moment pour reflechir a la fagon dont ies deux guerres
mondiales ont fagonne notre identite ainsi qu'aux sacrifices consentis par tant de Neo-
Brunswickois au nom de la paix.
Le temps est venu d'entamer is pianification de la Semaine du patrimoine 2014. Le
comite organisateur de la Semaine du patrimoine du Nouveau - Brunswick a elabore,
pour ('occasion, un ensemble de ressources intitule Le Nouveau - Brunswick se souvient.
Tespere qu'il vous aidera a organiser et a promouvoir vos activites.
Prenez le temps de lire ('information fournie et de penser a ce que vous pouvez faire
pour celebrer la Semaine du patrimoine 2014. Puis, planifiez votre activite et remplissez
le formulaire d'inscription en ligne.
La Semaine du patrimoine 2014 est I'occasion ideale de commemorer notre passe.
Salutations cordiales,
Le ministre,
Trevor A. Holder
alit mu'u WmN4� a on u. b r:
Tourism, Hefi aage and iCuukuuue/Tc urbmr� gip, Pa�MOV� Wne 0. iC iliftit� e `�rs�wrea.irpu�lk:m,�:a
PIDBox Ni PCIDIOn Fin;:^deFirixDn New E3N,91111 Canada TeUM. (506) 453-3009 Fax /Te1ee.(505 ) 457 -4984
WHEREAS the second week in February is provincially recognizeco.
as the time to celebrate our heritage; and
WHEREAS the third Monday lr-i February is National Heritage Day 1
Canada;and I
WHEREAS the significant heritage which we have inherited from our
ancestors plays a vital role in providing a unique identity
to our and
WHEREAS our built heritage provides us with a legacy to be hand
down for the benefit and enjoyment of futui
generations; and
WHEREAS wishes to remember how participation
in World War I and World War 11 has shaped this
heritage, and how the sacrifices made by the citizens of
this have supported the cause of world
peace;
'N WITNESS WHEREOF: I have set my hand and caused the seal of the Mayoral
• the --- . to be affixed hereto. i
141,11
ATTENDU QUE la deuxi&me semaine de Wrier est la semaine
provinciale qui permet de c6l6brer notre
patrimoine;
ATTENDU QUE le troisi&me lundi • fdvrier est le Jour •
Patrimoine national au Canada,
ATTENDU QUE le patrimoine consid6rable dont nous avons
h6rit6 de nos anc6tres joue un r6le
fondamental dans la caractdrisation unique de
ATTENDU QUE notre patrimoine •6ti nous donne un legs A
transmettre aux gi6n6rations futures pour
qu'elles puissent en profiter et en jouir;
EN FOI DE QUOI J'ai confirmd cette d6claration en y apposant k-
sceau
• la mairie •
its]
January 2, 2014
Mayor Mel Norton
PO Box 1971
Saint John NB
E2L 4L1
Dear Mayor and Councillors;
133 rue Prince William Street
5th floor /5ieme /etage
Saint John, N.B. (N -B)
E2L 2B5
tel /tdl: (506) 6341620
fax/tdlLdC' (506) 648 -0098
1 -800 -663 -3600
heart.strokef hsf nb.ca
fi fly.
C0:P 11M()�N D 0 IGE
m r), az 8A '14'T J ( )11- 1III1,4
As you are probably aware, February is Heart Month in New Brunswick. It is during this
month that the Heart and Stroke Foundation does its annual Person -to- Person canvass. The
money raised during February allows the Foundation to continue to fund its research and
heart health promotion programs.
The Board of Directors of the Foundation wishes to inform you that our volunteers will be
canvassing door -to -door throughout the month of February in the City of Saint John.
Cardiovascular diseases are still the most common causes of death in Canadians. They are also
the costliest and the most prevalent diseases in this country and in our province.
We believe it is possible to significantly reduce that cost through research, health promotion
and advocacy. The Heart and Stroke Foundation is active throughout New Brunswick with
programs and initiatives in schools, workplaces, and communities. We are dedicated to
enabling people to live active healthy lifestyles and to work with government to support
healthy public policy.
We have enclosed our Heart Month Proclamation for any who would like to use the
Proclamation at your Council Meeting in late January or early February.
Thank you for your consideration of our request.
Sincerely,
e/_4
Dan Connolly
Chief Executive Officer
Heart and Stroke Foundation of New Brunswick
HEART&
FONDATIONX
DES MALADIES
STROKE
DUCCEUR
ET DE VAVG
I
FOUNDATION OF
DU NOUVEAU.
NEW BRUNSWICK
BRUNSWICK
January 2, 2014
Mayor Mel Norton
PO Box 1971
Saint John NB
E2L 4L1
Dear Mayor and Councillors;
133 rue Prince William Street
5th floor /5ieme /etage
Saint John, N.B. (N -B)
E2L 2B5
tel /tdl: (506) 6341620
fax/tdlLdC' (506) 648 -0098
1 -800 -663 -3600
heart.strokef hsf nb.ca
fi fly.
C0:P 11M()�N D 0 IGE
m r), az 8A '14'T J ( )11- 1III1,4
As you are probably aware, February is Heart Month in New Brunswick. It is during this
month that the Heart and Stroke Foundation does its annual Person -to- Person canvass. The
money raised during February allows the Foundation to continue to fund its research and
heart health promotion programs.
The Board of Directors of the Foundation wishes to inform you that our volunteers will be
canvassing door -to -door throughout the month of February in the City of Saint John.
Cardiovascular diseases are still the most common causes of death in Canadians. They are also
the costliest and the most prevalent diseases in this country and in our province.
We believe it is possible to significantly reduce that cost through research, health promotion
and advocacy. The Heart and Stroke Foundation is active throughout New Brunswick with
programs and initiatives in schools, workplaces, and communities. We are dedicated to
enabling people to live active healthy lifestyles and to work with government to support
healthy public policy.
We have enclosed our Heart Month Proclamation for any who would like to use the
Proclamation at your Council Meeting in late January or early February.
Thank you for your consideration of our request.
Sincerely,
e/_4
Dan Connolly
Chief Executive Officer
Heart and Stroke Foundation of New Brunswick
HEART & DES MALA IES
oES MALADIES
STROKE DUCCEUR
FOUNDATION OF ET DE UAVC
DU NOUVEAU-
. NEW BRUNSWICK BRUNSWICK
2 janvier, 2014
Maire Mel Norton
PO Box 1971
Saint John, NB
E2L 4L1
Monsieur le Maire et Conseillers et Conseillers ;
133 rue Prince William Street
5th floor /5ieme /otage
Saint John, N.B. (N -8)
E2L 265
tel /t6l: (506) 6341620
fax/t §ldc: (506) 648 -0098
1 -800- 6633 -3600
heartstroke@hsf rihca
Comme vous le savez sans doute, le mois de fevrier est le mois du coeur au Nouveau -
Brunswick. C'est durant ce mois que la Fondation des maladies du coeur mene sa campagne
de souscription A domicile. Les sommes recueillies en fevrier permettent A la Fondation de
continuer A financer ses programmes de recherche et de promotion de la sante du coeur.
Le Conseil d'administration de la Fondation desire vous informer que, en fevrier, ses
benevoles solliciteront des fonds de porte A porte, dans la Ville de Saint John.
Les maladies cardiovasculaires demeurent la premiere cause de deces chez les Canadiens.
Elles sont egalement les affections les plus cofiteuses et les plus repandues du pays et de la
province.
Nous croyons qu'il est possible de considerablement reduire ce tout par la recherche, la
promotion de la sante et la defense de 1'interet public. La Fondation des maladies du coeur
et de FAVC deploie ses activites aux quatre coins du Nouveau- Brunswick, dans le cadre de
programmes et d'initiatives dans les ecoles, les milieux de travail et les collectivites. Nous
oeuvrons afin de permettre aux Bens d'opter pour une vie saine et active et, de concert avec
le gouvernement, de privilegier les politiques publiques favorables A la sante.
Nous vous demandons de lire la proclamation ci- jointe lors de votre prochaine reunion du
conseil, a la fin janvier ou au debut fevrier.
Nous vous remercions de Fattention que vous saurez accorder A notre demande et nous
vous prions d'agreer 1'expression de nos sentiments les meilleurs.
Sincerement
46
Dan Connolly
Premier dirigeant
Heart Month
HEART&
FONDATIONC
February
STROKE
DES MALADIES
DU CCEUR
FOUNDATION OF
ET DE UAVC
OU NOUVEAU.
2014
NEW BRUNSWICK
BRUNSWICK
'Whereas the effects of heart disease and stroke
are responsible for widespread suffering and
create serious hardship in our community, and
'Whereas the -,feart and Stroke ,Foundation of
.New Brunswick is taking positive action to
reduce dsability and death from heart disease
andstroke through:
0) a p&annec4 priority research program to save
rives
(2) a public and professionaC heart heaCth
promotion program to prevent disease
(3) supporting people riving with heart disease
andstroke to promote recovery, and
'Whereas the Heart and Stroke ,Foundation of
New Brunswick's Annuur Person -to- Person
Campaign is being conducted during the Month
of February.
Now Therefore, I, McCNorton, Mayor of the City
of Saint John, hereby procCaim the month of
,February 20 14 as Heart Month in City of Saint
John and urge aCC citizens to cooperate in the
Heart Month Drive and aft civic, social and
fraternaC organizations and business
estabCishments to give this campaign the greatest
possibre support.
In 'Witness 'Whereof, I have set my hand and
caused the seaC of the Mayorafty of the City of
Saint John to be affixedhereto.
Noes du Coeur
F rier
2014
Attendu que Ces maCadies et Ces accidents cardw-
vascuCaires causent de grandes scuffrances et
imposent des contraintes serieuses d noire societe.
Attendu que La Fondation des maladies du coeur
du Nouveau - Brunswick travaiCCe d reduire Ces
infirmites et Ces deces attribuabies aux maladies et
aux accidents cardw-vascuCuires :
0) un programme de recherche prioritaire
pram, apte d sauver des vies
(2) un programme de promotion de Ca sante du
coeur public et professionne6 apte d prevenir la
maCaXw
(3) Ce soutien aux versonnes touchees par Ces
maladies du coeur et ( VC, apte d favoriser Ce
retablissement, et
Attendu que Ca ,Fondation des maladies du coeur
du Nouveau - Brunswick tiendra sa campagge de
souscr ption a domicile pendant tout Ce mois de
fevrier.
Ainsi done, je, McCNorton, maire de `Ville de Saint
John, declare Ce mois de fevrier 20.14, le moil du
coeur daps Ca 'Ville de Saint John. J'incite Ces
citoyens d coCCaborer d cette revee de fonds et Fes
organismes civiques, sociaux ou benevoCes, Ces
entreprises et Ces commerces, d Bonner toute Caide
necessaire a cette campagge de souscription.
En foi de quo% j appose d ce document ma
signature et le sceau officieC de Ca maire de Ca
'Ville de Saint John,
McCNorton
MayolrMaire
Monday, December 23, 2013
Pat Woods & City Clerk's office
City of Saint John
Saint John, NB
Please accept this letter as a formal request to meet with council about land & recreation development opportunities
at Exhibition Park.
As you know, the city was a participant in the initial conceptual planning for a held house at Exhibition Park a
number of years ago. Given the economic times that project has not advanced however the Exhibition Park
Association is still willing to be a significant donor /partner in a project. It warrants some further review and
evaluation for our community. Since last winter, I have been actively working with them to revise the proposal and
identify ways that it could be developed in the current climate. We have learned a lot about how these projects have
been completed in communities like ours.
We are planning to complete a revised business plan over the coming months to identify more clearly for all parties
the long term feasibility of recreation projects on Exhibition Park lands. This plan would be completed with funds
from Exhibition Park Association and local sport groups. With the adoption of the city's Play SJ report the policy
framework for recreation in Saint John is much clearer and the business plan can identify if the project matches the
goals of that plan. In addition this will involve having an independent review of all capital cost estimates, operating
revenues and expenses.
We are seeking an opportunity to meet with council for their consideration of the following matters.
• Provide in kind staff support to the business plan process.
• An opportunity to return to council to present the completed plan.
Thank you for your consideration and I will follow up next week in case you have any questions on this.
Sincerely
Bill MacMackin
506 -647 -4931
c.c. Paul Gilbride, Exhibition Park
MCI
r
1
M &C 2014 -05
January 20, 2014
His Worship Mayor Norton
And Members of Common Council
Your Worship and Councillors:
SUBJECT: Arena Advertising to Benefit P.R.O. Kids
"The cky off S18101, 10l1111 a
In 2013 the four civic arenas received a much needed wall to wall cleaning and interior painting to
provide the final touch to arena upgrades (rink boards, lighting, and installation of energy conservation
reflective tile) which have been completed over the past few years. As a result of the interior painting
existing wall advertising and signage was removed at these arenas.
City staff began to explore the opportunity to reclaim the responsibility of administering the arena
advertising program whereby revenue from sale of adverting space (wall & rink board) would directly
benefit the City of Saint John. At one time the arena advertising program was administered through an
advertising agreement with a third party; however, over time the program went dormant and out of
date. Staff had completed preliminary work to rejuvenate the arena signage program and forecasted a
potential revenue projection of $10,000 that could benefit the City of Saint John if the program was
again administered internally.
At a meeting of the Common Council, held on October 28, 2013 the following resolution was adopted,
namely:
"RESOLVED that P.R.O. Kids be granted permission to sell advertising, Board and Wall, within local City
rinks, excluding the Lord Beaverbrook Rink and Harbour Station provided that this activity take place at
no cost to the City of Saint John; and further, that the matter be referred to the City Manager.
P.R.O. Kids provides opportunities for disadvantaged youth participating in positive healthy
recreational, sport, arts and cultural activities. P.R.O. Kids is continually challenged with raising funds in
order to place children and youth in programs that provide a safe place for youth to play, learn and be
engaged. The sale of advertising at the four civic arenas is an opportunity for P.R.O. Kids to raise much
needed funds in order to achieve the goal of placing 700+ youth each year.
Potential examples of benefits through this program are:
• Sale of one advertising spot will place one youth in minor soccer or a cultural program for a
season.
• Sale of one advertising spot will cover the transportation cost for travelling to and from a
program.
Sale of two advertising spots will pay to outfit one youth in minor hockey.
iN7
Report to Common Council
M &C 2014 -05
ANALYSIS
Page 2 of 5
The recreation programming and facilities staff feel the framework is in place whereby the sale of arena
advertising can be effectively administered internally to benefit P.R.O. Kids (Appendix A). The City of
Saint John Finance Department, Legal Department and Risk Management Division were consulted with
no barriers anticipated for this process to occur.
Administration of the program is suggested as follows:
• The P.R.O. Kids Advisory Committee shall take on the role of soliciting potential arena
advertising sponsorship through local business.
• The City of Saint John Sport and Recreation Facilities Service will coordinate the installation of
signs in coordination with P.R.O. Kids staff.
• The P.R.O. Kids Manager will promote and monitor the program; and provide progress reports.
• Invoicing and receivables will be processed through the City of Saint John Finance Department
and will be applied to the P.R.O. Kids Special Purpose Fund.
There will be an initial cost to the City to install the signs, as well as an investment of staff and volunteer
time to administer and promote the program. As signage capacity is achieved, less work will be
required as a standardized renewal process will be implemented.
The suggested advertising rates in Appendix A align with other arenas in the region.
The P.R.D. Kids Advisory Committee was pleased that this opportunity will be presented for Common
Council's consideration. The committee expressed its desire for a long -term commitment of this
program (5 -10 years) by Common Council to benefit P.R.O. Kids. The P.R.O. Kids Advisory Committee
will approach other Greater Saint John municipalities to consider this form of support at their respective
arenas.
RECOMMENDATION
RESOLVED that the Common Council resolution adopted in open session of October 28, 2013, granting
permission to PRO Kids "... to sell advertising, Board and Wall, within local City rinks excluding the Lord
Beaverbrook Rink and Harbour Station provided this activity takes place at no cost to the City of Saint
John .... ", be amended by adding the following:
1) The aforesaid permission is to be operative for a period of five years commencing October 28,
2013 with a possibility of one extension for a further five years conditional upon the results of
an assessment of the program during the initial five year period; and
2) Further be resolved that the City Manager be authorized:
To have the City's Sport and Recreation Facilities Service coordinate the installation of
advertising, in collaboration with the PRO Kids staff; an
3) To have the City's Finance and Administration Service process invoicing and receivables
associated with the aforesaid advertising, to the benefit of PRO Kids.
111.1
Report to Common Council
M &C 2014 -05
Respectfully submitted,
Kevin Watson, B.P.E.
Manager, Neighbourhood Improvement
& Recreation Programming Services
eline Hamilton, MURP MCIP RPP
& Community Development Services
Patrick Woods, CGA
City Manager
irA
Page 3 of 5
Ray Walsh, B.P.E., M.B.A.
Manager, Sport and Recreation Facilities
Report to Common Council
M &C 2014 -05
Appendix A
City Of Saint John
In support of P.R.O. Kids
Page 4 of 5
1. The City of Saint John will provide advertising space at the following arenas owned and
operated by the municipality.
Hilton Belyea Arena, 390 Lowell St., West
Peter Murray Arena, 711 Dever Rd., West
Charles Gorman Arena, 80 University Avenue, North
Stewart Hurley, 1500 Hickey Rd., East
2. All revenue generated through this program with the exception of HST will benefit P.R.O. Kids.
3. Advertising signage space and cost will include'
a. 2 1 /2' X 10' rink board signage: $300 plus list
b. 4' X 8' wall signage: $200 plus list
c. Ice Machine Wrap: $1,000 plus list
d. Agreements are also available for one space in each arena (a total of 4 advertising
spots) at a discount of 15 %, or one sign locked in for 4 years at one arena.
. The agreement will be a term of 1 year (September I" to August 31St). A prorated fee will apply
for less than one year agreements.
5. Payments of rental space will 'be due at the time of signing. Renewal notices will be forwarded to
each licensee by August 0 each year.
6. Advertising placement will operate on a first come, first served basis. The city will retain the
right to make decisions about placement within available advertising space.
7. Licensee must provide to the city a concept design of the advertisement for approval. The city
retains the right to accept or reject any or all designs for advertising.
8. Licensee is responsible for producing signs as per city specification as attached.
9. The City of Saint John will install wall & rink board signage.
1. Any replacement or repainting of the advertisements due to vandalism or wear and tear shall be at
the expense of the licensee.
11. The licensee shall not let, assign or transfer this agreement without written consent of the city.
12. This agreement in no way provides exclusivity. The city retains the right to cover the said
advertisement for special events. The City will use its utmost discretion to limit the occurrence of
this.
13. Licensees are not entitled to a tax receipt.
iFQ
Report to Common Council Page 5 of 5
M &C 2014 -05
Specifications:
Wall Signs:
Design and fabricated on chloroplast material.
- Advertiser responsible for sign and art work cost.
Rink Board Signs:
- Recommended design on high impact Polystyrene and protected by Polycarbonate.
- Recommend advertiser to provide 3 signs from supplier for replacement throughout each
season.
- Advertiser responsible for sign and art work cost.
lee Machine Wrap:
- Recommend supplier installed.
- Advertiser responsible for sign and art work cost.
Wel
..
M &C- 2014 -1
December 18"', 2013
His Worship Mayor Mel Norton and
Members of Common Council
Your Worship and Councillors:
City of Saint john
SUBJECT: Merchant Agreement Addendum- Chase Paymentech Solutions
& American Express Card Agreement
BACKGROUND:
In November 2008, the City entered into an agreement with Chase Paymentech
solutions, on behalf of the Bank of Nova Scotia, to process payment card (Debit,
Visa, Master Card and American Express) transactions for the City of Saint John.
The existing Merchant Account currently includes transactions from the Finance
Department, Buildings and Inspections Services, Parking Commission and
Municipal Operations.
Growth & Community Development Services have begun to identify process
improvements that will help to implement the goals envisioned of the "One Stop
Shop" project team to create a seamless, clear and consistent service for its
clients. We have identified the need to create a new location for our existing
Merchant Account to enhance the customer service with our clients during the
initial application process and further facilitating the goal of supporting quality
development projects as currently our department can only accept cash or cheque
as payment. To do so we are required to enter into a Merchant Agreement
Addendum: Additional Location/Services with Chase Paymentech and an
American Express Card Agreement for the processing of payments in the Growth
& Community Development Services Office located in City Hall. Details of
which Merchant Agreement Addendum and American Express Card Agreement
can be found in the attached "Merchant Agreement Addendum: Additional
Location/Services" and the "American Express Card Agreement: AMEX/JCB
Card Acceptance Agreement
K11
M & C — 2014 -1 2 December 18, 2013
ANALYSIS:
This Merchant Agreement Addendum & American Express Card Agreement was
previously reviewed by the Legal Department and they have indicated that there
are no major concerns arising from their review of the attached documents.
FINANCIAL CONSIDERATIONS:
Fees for the new Merchant Agreement Addendum & American Express Card
Agreement include a monthly equipment rental fee of $34.95 and additional
transaction fees per transaction can be found in Schedule A. These funds are
provided for in the City's Operating Budget.
RECOMMENDATION:
1) The City of Saint John enter into a Merchant Agreement Addendum:
Additional Location/Services with Chase Paymentech Solutions for the
processing of payment card transactions at the Growth & Community
Development Services Office located in City Hall, a copy of which
Agreement was attached to M &C 2014 -1 and also enter into an associated
AMEX/JCB Card Acceptance Agreement for the same location
2) The Mayor and Common Clerk be authorized to execute the necessary
documents.
Respectfully submitted,
Stacey Forfar, MBA, MCIP, RPP
Deputy Commissioner
Growth & Community Enrichment Services
MURP, MCIP, RPP
Growth & Community Development Services
e trick Woods, CGA
City Manager
Attachments
21
Print Name Date Print Name Date
APPROVED: CHASE PAYMENTECH SOLUTIONS ("Paymentech ", 'we ", "our, "us') for itself and on behalf of The Bank of Nova Scotia for the purposes of
Visa acceptance and JPMorgan Chase Bank, N.A, for the purposes of MasterCard acceptance.
By: Title: Date:
`Personal information is collected, used and disclosed as described herein and In accordance with our applicable Privacy Policy (available at www.chasepaymenisch.ca or upon request) or otherwise as permitted by
Iaw.TMTrademark of Chase Paymentech Solutions, LLC. Chase Paymentech Solutions authorized user. - Trad2n2k of Chase Paymentech Solutions, LLC, Chase Paymentech Solutions authorized user,
Y. 11/2012
F.�j
JJII�� American Express Card Agreement
Sales Representative Danine Ferguson 113referred Language (] EngW Q French
PAYMENT IN37RUMENT Acceptance Requested Q AMEX and JCB Q AMEX Only
if applicable, enter American Express Merchant Number
Business Legal Name City of Saint John
Merchant "Doing Business As" Name City of Saint John
Primary Merchant Contact Cindy Brazard
MailingBilting Address 15 Market square, 10th Floor
City Saint John
Province NB I Postal Code E21- 41-1
Telephone # (506) 658-2835 IFax# (506) 6W2837
Total # of Locations: 1
Is the location dddress same as above? Q Yes Q No (p— pnwidead*e. -)
Location Address (No P.O. Box) 15 Market Square, 10th Floor City Saint John
Province NB
Postal Code FZL 41-9
Altemefive corliact Telephone * (506) 658 -2835
Fax # (506) 6MM37
Annual AmexlJ Volume $ 10,000 Average Amex lidtet Size $ 175
Discount Rate % 2.9500 Transaction Fee $ 0.
Caryl Not P % 5 Monthly Flat Fee $
Speed Of Pay (` 3 day t'- 15 day Q 30 day
Type of Owne(ship: Q sari PmpriatarMip O PemersWP Q LLC O PubhOCarp O Private Corp O bron-ProM Q cavemmax Corp Q LP.
Q Onlina Merchant Statement ($0.01)) : e�aaiF'ress required andy bfiz saiMohn.ca Q Paper Statement:
F ($4.95 r month )
! Fen cbwoW by Amwlvm Express are doaanendad in the Amex Tarn.
Payrwmtwl � lees are not set or collected by American Express and are separate end apart from fees applied by Amex Owe of Canada for Amex Card Accaplsnee.
I, the undersig ed acknowledge and agree information provided under, Amex / JCB Card Acceptance Agreement will be submitted to
Amex Hank o Canada (Annex") on behalf of the entity accepting the Card named under business legal entity (the 'Entity') by
Chase Payme Solutions. I acknowledge and agree that the Entity desires to accept pt American Express cards in accordance with the
terms and conditions established by Amex ( "Amex Terms'), which will be provided to the Entity by Amex. Amex and Entity oonfilrm that
upon delivery, the Amex Terms together with this application represent the agreement for Amex card acceptance between the parties. On
behalf of the Entity I will ensure that the Amex Terms are reviewed and agree that they will be binding on the Entity on the earlier of a) the
receipt of the Amex Terms by the Entity or b) the Entity's use of the American Express merchant number assigned to it If the Amex
Terms are not rived by the Entity, I agree that Amex will be conbxftd at 1- 80x268.9877 to request a copy.
By signing bellow, I authorize Amex to debit from the bank account Identified in this application or otherwise provided for any amounts
owing by the Entity to Amex pursuant to the Amex Terms. I also agree to provide Amex with additional information related to this
authorization upon request•
1 certify to 4ex that the information provided under, Amex / JCB Card Acceptance Agreement is true, oompiete and accurate. I
authorize Amex to verify the information on this application and consent to the collection, use and disclosure of personal information about
me f+or the pur�M of processing this application to accept American Express Cards. If I have provided personal information about other
Individuals oh )his application, I confirm that I have the permission of those individuals to share their personal information to Amex for
these purposes. I consent to the sharing of credit information about me or the Entity with credit reporting agencies or credit bureaus as
well as entitle$ with which the Fatty purports to have a financial relationship and to use of third party databases to obtain or verily
information abut the Entity and its financial condition.
Date:
Merchant's Authorized Signature:
Print Name:
Title:
091
MasterCard I Visa Sales Volume
Average Transaction Size
Chargeback %
Number of Locations
Number of Debit Card Transactions
Foreign Card Volume Estimate
Return Volume Estimate
Fees
1. Initiation and Service Fees:
Annual Fee
2. Transaction Fees:
Application Fee
Pinpad Encryption Fee
Monthly Admin Fee (per location)
Monthly leased terminal maintenance fee
$400,000
,,.,,,,,���, „ � ..................................... ............................... $175
.............................
0.025%
1
.................................................................................... ............................... 200
..................................................................................... ...............................
„ „, .,,,,..,. , .... .... ..................................... ............................... 2.00%
....... 2.00%
NIA
���,���� ��,,. ��,,. ��„ ��. ����. ���,., ����� .............................................. ............................... $0.00
NIA
NIA
(per terminal) NIA
Internet Product:
Setup Fee (per location)
Monthly Fee (per location)
Transaction Fee
Wireless Product:
Setup Fee (per terminal)
Monthly Wireless Network Fee (per terminal)
Safetech Encryption:
Setup Fee (per terminal)
Transaction Fee
Settled Visa Per Item Fee (Sale + Return)
Settled MasterCard Per Item Fee (Sale + Retun
Return Transaction Per Item Fee - Visa
Return Transaction Per Item Fee - MasterCard
MasterCard International Transaction Processir
American Express Per Item (Sale + Return)
Discover I JCB 1 Private Label Per Item (Sale +
Interac Debit Per Item (Sale + Return)
Maestro Debit Per Item (Sale + Return)
Settled Visa Debit and Visa Debit Standard Per
Interac Online Per Item (Sale + Return)
Small Ticket Transaction Fee (may vary depend
' Fee for the processing of Intematlonal transactions as denned by MasterCard
AVA
NIA
_..._ ..... .................._............ NIA
NIA
_ ........................................ ............................... I NIA
.............. .. ...................................... ......................... ......... ............. NIA
NIA
NIA
3.Authorizalion Fees:
Voice Authorization
MasterCard /Visa Authorization
Merchant Signature: X
Date:
59658.19020131118092350 (Month I Day 1 Year)
M!
0.500
NIA
4. Gift Card Fees:
Gift Card Program None
Monthly Plan Fee (per location) NIA
Monthly Gift Card Only Merchant Fee (per location) NIA
AuthorizationFee* .................................................................................. ............................... $
Block Activation Fee (per card)
... ...............................
$ -
Setup Fee (per location) _ ........... ............................... NIA
.............................................................................. ........................_......
3rd Parry Card Data File Fee (per card - Minimum $100 per file) NIA
Web Balance Inquiry Setup Fee (per branded application) N/A
............................................ ...................
Web Balance Inquiry Monthly Fee (per branded application) NIA
........................................... ...............................
Cards, Packaging b Paint -of- purchase marketing materials are available end priced an a par run basis, based on current rates. These rates are shown an the Gift Card Maledals Order Form,
You are required to purchase yourstored value cards from us. You must process all your stored value card Vansactions with us for at least 3 years from the effective date of this Agreement
(the'Term'). H you terminate this Agreement prior to the expiration of the Tenn, you agree to pay as liquidated damages an amount equal to the Gift Card fees you paid us the previous month
times the months remaining in the Term. Such amount will be funded. to the extent possible, according to the same methods for collecting amounts due under Section 4.5 of this Agreement.
5. Reporting Options:
Resource Online Monthly Fee
.......................................................................... ............................... NIA
B. Discount Information
MasterCard /Visa Credit Discount Rate On Gross Sales
MasterCard Rate 1.770%
Visa Rate 1.920%
MasterCard Assessment Fee 0.100%
Visa Assessment Fee 0.100
MasterCard Cross Border Assessment Fee` 0.400
Visa International Service Fee 0.500%
Visa Cross Border Assessment Fee - Multi Currency 0.400%
Visa Cross Border Assessment Fee - Single Currency 0.800%
Non - Qualified Transaction Processing Fee 0.370°
Non - Qualified Interchange *` ................................................... ..................I............ Yes
....................... ............. ....................... ............ _........ ....I........................
Target Qualification Level - MasterCard Domestic Consumer Electronic Rate
Target Qualification Level -Visa Domestic Consumer Electronic Rate
*Fee assessed for cross-border transactions for non -Ganadian issued MasterCard, Cirrus, or Maestro credit or debit transactions acquired from Canadian merchants and submitted to
MasterCard.
" The above credit discount rates are based on the assumption that all transactions will quality at the Target Qualification Level set out above. For example, transactions must meet certain
qualification criteria established by Visa and MasterCard foryour Target Qualification Level in order to receive the Merchant Discount Rate. Foresch transaction not qualifying at the Target
Qualification Level, we will charge you both the Merchant Discount Rate and addWonal feels) calculated as described below under the heading 'Additional Information About Your Fees,'
Visa Debit Discount Rate On Gross Sales
Visa Debit Rate * ** 0.350 °10
Visa Debit Standard Rate * *`* 1.450%
Visa Debit Assessment Fee
— Applies to Visa Debit transactions Inserted or tapped at the point-0i sale
— Applies to Visa Debit transactions other than inserted ortapped transactions (including, without gmitation, card - not - present or any premium debit cards)
Interac Debit Discount Rate On Gross Sales N1A
Interac Online Discount Rate On Gross Sales _ ...................................... .._.......................,....
NIA
Pass - Through of Payment Brand Fees (Including, without limitation, credit & debit interchange, assessments
and any other Payment Brand fees) Nc
Discount Frequency: Monthly
Merchant Signature: X Date.
59658.19020131118092350 (Month 1 Day 1 Year)
Q1
Monthly Equipment Fees:
8. Processing Fees:
9. Others:
Equipment Type
Verifone Vx520 w! Vx820 Pinpad
Imprinter
uanti Per Unit
1 $34.95
1 $1.00
NIA
........................................... ............................... NIA
NIA
......................................... ......_........................ NIA
N!A
Minimum Monthly Discount Fee (for each of Visa & MCA $10.00
................................................ ........ ......... ......
................
Chargeback Processing Fee (per chargeback) 10.00
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Statement Fee Statement only NIA
One time fee NIA
Othermonthly fee .............................. . ... _.. .. ...................................... ............................... NIA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................... . .......... . . ... . . . ............... . . ................... . . . . . . . . . . . . .
Terminal Set -up Fee {per terminal) $25.00
..
......................................................................_......... ............................._.
On -site Equipment Installation Fee NIA
.............
........................ ....................... .................
On -site Wireless Consultation Fee (per location) N/A
..... ............................................... ......_........................
Interac Online 1 Acxsys Testing and Technical Support ............... NIA
ADDITIONAL INFORMATION ABOUT YOUR FEES
Interchange
A significant amount of the fees that we charge you for processing your credit card transactions represent charges that we must pay to the card issuing banks (or that are otherwise
charged to us by MasterCard and Visa) under MasterCard and Visa (the "Payment Brands ") rules. These charges are often referred to as "Interchange fees" or simply
"Interchange ". Interchange fees are set by the Payment Brands based upon a series of Interchange levels that they establish and modify from time to time. Thus, the Interchange
fee charged for a given transaction depends on the Interchange level applicable to that transaction; and that Interchange level depends on a number of factors established by the
Payment Brands, such as the type of card presented, specific information contained in the transaction, how and when the transaction is processed, your industry and other factors.
For a transaction to qualify at any specific Interchange level, the applicable qualification criteria must be met. Note that the Payment Brands may add new Interchange levels and
change the Interchange rates and qualification criteria for existing Interchange levels.
Merchant Discount Rate and Target Qualification Level
Every credit card transaction will be charged the Merchant Discount Rate. Peymentech has set your Merchant Discount Rate based on the assumption that your transactions will
satisfy the criteria established by the Payment Brand rules to meet the Target Qualification Level set forth above. The Target Qualification Level is the Interchange level that we
expect to apply to your transactions. It is determined based on the type of transactions you submit and how they will most likely be processed. However, it is possible that some of
your transactions will be processed at a higher Interchange level, resulting in higher Interchange fees for your business. This may occur because those "Non - Qualified Transactions"
do not meet the criteria to qualify at your Target Qualification Level. Such transactions are subject to fees in addition to the Merchant Discount Rate (see 'Non-Qualified
Transactions" below).
Non - Qualified Transactions
Non - Qualified Transactions will be downgraded by the Payment Brand, resulting in higher Interchange fees. For processing such Non- Qualified Transaction, we will charge you: (a)
the Merchant Discount Rate; (b) an additional fee (the "the Non - Qualifying Amount") equal to the difference between the Interchange fee associated with your Target Qualification
Level and the interchange fee for the Interchange level at which the Non - Qualified Transaction was actually processed; and to the extent applicable, depending on the nature of your
pricing with us or your program eligibility (c) a Non - Qualified Transaction Processing Fee (which is calculated as a percentage of the amount of the Non - Qualified Transaction). The
combined total of the Non - Qualifying Amount and the Non - Qualified Transaction Processing Fee will appear on your statement.
Merchant Signature: X -- - --- 11,,,,,,,,,,,,, Date:
59658.19020131118092350
NO-]
(Month I Day I Year)
City of Saint John
15 Market Square
PO Box 1971
Saint John, New Brunswick
E2L 4L1
Attention: Mayor Mel Norton
Dear Mayor Norton:
Re: Ad Hoc Committee - Rail Crossing at Kennebecasis Park
d
70 Hampton Road
Rothesay, NB
Canada EZE 5L5
T: 506 -848 -6600
F: 506- 848 -6677
Rothesayarothesay.ca
www.rothesay.ca
At its November meeting Rothesay Council established the terms of reference
for an ad hoc committee to review rail safety and in particular the effect of
escalating train traffic on residents whose only access to their homes is across
a rail line. Our particular concern is Kennebecasis Park with 350 homes and
an elementary school; City residents in the vicinity face similar problems.
This letter is to seek the cooperation of the City in pursuing our goals and to
invite Common Council to appoint a representative to sit on the Committee.
We believe there are common interests in this regard both in resolving the
problem and in how a resolution might affect nearby land uses.
Attached is the mandate of the ad hoc Committee adopted by Rothesay. We
hope you will agree to appoint a Councillor and will find participation beneficial
with respect to both Kennebecasis Park and other locations in Saint John
which could be isolated by long trains or rail- related accidents.
We respectfully request you appoint a member of Common Council to sit on the
ad hoc committee and also permit City staff to provide their usual superb
cooperation.
Compliments of the Season?
William J. Bishop
Mayor
Enc. Committee Mandate
CC. Rothesay Council
Explore our past/ Explorez notre passel
Discover your future Ddcouvrez votre avenir
Grand Bay - Westfield • Quispamsis • 27hesay • St. Martins . Saint John
Aid i.1 lc)c Gorrvir6ittie,,e ar °m Eintrainiceticr Ill �r iirai m .11 ,� lii r �f„ II .
At its November meeting Rothesay Council moved to establish an ad hoc Committee to
consider improvements to the entrance to Kennebecasis Park and Hastings Cove. The
following are the terms of reference for the Committee.
BACKGROUND
The entrance to Kennebecasis Park has long been of major concern to the residents of this
neighbourhood. This entrance was designed when the neighbourhood was developed more
than 50 years ago, has major safety issues and has not had any significant upgrade since its
initial construction.
Some of the concerns expressed by K Park Residents include:
1. there is a single entrance/exit to the entire neighbourhood of more than 300 homes; with
no complete alternate emergency access; this could spell disaster in the case of an
emergency such as a rail incident or forest fire.
2. there is a rail line (CN) which crosses this single entrance/exit, with up to ten very long
trains per day, almost all of them carrying hazardous materials.
3. rail traffic has become a major concern in the last couple of years:
- - increased numbers of trains, up to ten per day
-most trains now carrying hazardous materials such as petroleum products and
dangerous chemicals
-this is a level crossing
- trains are now very long, up to 120 cars with multiple locomotives
-multiple major rail incidents have occurred in Canada over the past few months
4. a rail incident at the entrance to K Park would preclude adequate two -way flow of
emergency vehicles which might be required to deal with the situation.
5. a rail incident could possibly necessitate the evacuation of K Park, and at present
we have no adequate plan for evacuating this number of homes.
6. there are two vehicular entrances from the Rothesay Road, which both converge on the
single major entrance, before it crosses the track. There is an entrances /exit from the
east and one from the west; neither meets the Rothesay Road at 90 degrees and sight
lines are poor for both of these entrances.
7. vehicular traffic passing the entrance to K Park on the Rothesay Road has
increased dramatically in the past few years.
8. the Kennebecasis Park Elementary School has recently been expanded and houses
approximately 200 children.
The entire situation is complicated by the fact that the entrance to Kennebecasis Park is
actually in the City of Saint John, and by the fact that our immediate neighbour to the east is
the Diocese of Saint John.
The Residents of Kennebecasis Park fear "entrapment" in their neighborhood in an
emergency. It is time to begin working toward re- design of the entrance of K. Park.
50 years is long enough!
...z
W]
,d Hoc Committee our Entirancr to I ennelbecasis Park /01/14
GOAL
The ultimate goal of this committee would be to develop the partnership necessary to bring
about the redesign of the entrance to Kennebecasis Park.
PROPOSAL
Rothesay Council has struck an Ad Hoc Committee on the Entrance to Kennebecasis Park in
accordance with the Procedural By -law.
While accomplishment of the Goal would require multiple partnerships, years of work, millions
of dollars, and would necessitate engaging at least the City of Saint John, CN Rail, the Diocese
of Saint John, Transport Canada and the Transportation Safety Agency and the Provincial and
Federal governments, nothing will happen until a start is made. Rothesay Council can make
that start by developing this committee. Having the sanction of Council would give the
committee much more legitimacy than if it were simply a "concerned citizens' committee ".
MP Rodney Weston has been consulted concerning the project. He feels the timing is good
with the Building Canada initiative coming up and going on over the next ten years. He would
be willing to fight for a project for K Park entrance, but obviously can't design the project. He
would be looking for a committee to bring various options to him.
The committee will be composed of two Rothesay Councillors, six to eight eligible voters with
various expertise and interests and an invitation to the City of Saint John to appoint a Council
member. CN Railway and government advisors will also be asked to participate. A call for
volunteers will follow Council's approval of the establishment of the Committee.
SCOPE
For this Committee to succeed it would need:
• input from citizens of K Park
• engagement of the City of Saint John (perhaps a Ward 4 Councillor)
• engagement of the Diocese of Saint John
• engagement of CN
• ultimately engagement of the provincial and federal government
DRAFT TERMS OF REFERENCE
a) to engage citizens, including hosting public meeting(s) as necessary, in preliminary work
which will eventually result in the redesign of the entrance to Kennebecasis Park.
b) develop greater info on railway safety in general which will be advantageous in efforts to
improve the safety of the multiple other level rail crossings in Rothesay
c) to encourage citizen input into Emergency Planning for neighborhoods along the rail
line.
BUDGETARY IMPLICATIONS
No funds required at present, although Staff support would be required for this Committee, as
for any other Committee.
INITIAL TASKS
Authorize Committee
Solicit citizen participation on Committee
Organize initial meeting
Wel
REPORT TO COMM,ON CO'UNCIL
January 15, 2014
His Worship Mayor Mel Norton
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Amendment tV December 9�, 2013 Minutes
It was discovered that the resolution for item 12.3 M&C 2013-273 Proposed Operating Budget
Water and Sewerage Utility Fund 20J4in the Common Council minutes mf December 9,2013
was ineVnmp|ete. The resolution currently reads aofollows:
"RESOLVED that as recommended by the City Manager in the submitted report M&C2,013-273:
Proposed Operating Budget Water and Sewerage Utility Fund J014, Common Council adopt the
following resolutions:
The City d'saint 101111
The estimated revenue for the Water and Sewerage Utility for the year 2014 in the amount of
$39,097,000 be adopted (Appendix "B");
l The, estimate of expenses for the Water and Sewerage Utility for the year 2024im the amount of
$39,097,00O be approved (Appendix "A" —Option 2); and
The BV-Law entitled 4 By-Low to Amend o By-Low RespectingbWzter&IewerogeK\ppemdlx"C"\
be given first and second reading,"
The words "with fluoride" should be added tn#2of the resolution. The fpUovvimg language should
appear as#4of the oesv|uTiom "That the City Manager be directed to schedule m meeting im early 2014
to provide interested parties an opportunity to present additional information to Common Council on
fluoride treatment,"
RECOMMENDATION
It is recommended that Common Council adopt the following resolution:
WHEREAS the Common Clerk has brought to Common Council's attention that the minutes of the open
session Common Council meeting of December 9, 2013, which minutes were approved by Common
Council nt their meeting of the 23'" day ofDecember 2013^ incorrectly recorded Common Council's
Page 2
decision respecting Item 12.3of the December 5\2013 agenda, namely "K48'[2U13-273 Proposed
Operating Budget Water and Sewerage Utility Fund 2014"; and
WHEREAS Common Council wishes to confirm the resolution which it actually adopted at its meeting of
December 9, 2013 respecting the aforesaid Item 12.3;
NOW THEREFORE 8E[T RESOLVED that the resolution adopted by Common Council at its meeting of
December 5\2U13respecting agenda Item 1Z.3 for that meeting, namely "K4&C 2013-273 Proposed
OperatingBndgetVVateramd6evverage0U|ityFund2014°|shenebycnmfirmedtonaedesfoOovvo:
RESOLVED that as recommended by the City Manager in the submitted report M&C2013-273: Proposed
Operating Budget Water and Sewerage Utility Fund 2014, Common Council adopt the following
The estimated revenue for the Water and Sewerage Utility for the year 2014 in the amount of
$39,097,000 be adopted (Appendix "B");
2. The estimate of expenses for the Water and Sewerage Utility for the year 2014 in the amount of
$9g,897/O08be approved (Appendix "A"— Option 2 with flunride);and
3. The By-Law entitled A By-Law tmAmendo8y-lom/RespectingN/ater& Sewerage (Appendix °[")
be given first and second reading and
4. That the City Manager bm directed to schedule a meeting in, early 2O14 to provide interested
parties an opportunity to present additional information to Common Council on fluoride
treatment.
AND FURTHER BE IT RESOLVED that the Common Clerk be directed to place a notation in the minutes of
the Common Council meeting of December 9, 2013 giving notice of thiis resolution.
Respectfully submitted,
Ciol Manager
Jonathan Taylor
Common Clerk
31
January 15, 2014
Common Clerk's Office
City Hall
P.O. Box 1971
Saint John, New Brunswick
E2L 41_1
Your Worship & Common Council:
RE: Presentation on Water Fluoridation
l would like the opportunity to present to Common Council in regards to fluoridation of city water
with the New Brunswick Dental Society.
Sincerely,
A
C. Scott Giffin, M'D, MPH
Medical Officer of Health
South Region
Department o,f Health
Heaith Protection Branch
Reglonal Office -Saint John Public Health
55 Union Street, P.O. Box 93, Saint John, NB E2L 3XI
Telephone: (506) 658-3022 FAX: (506) 643-7894
32
Minist6re de la santd
Direction de la protection de la sang
Bureau r6glonaf - Saint John, Sant6 publique
55, rue Union, C.P. 93, Saint John, NB E2L 3X1
Accued: (506) 658-3022 Telecopieur: (506) 643-7894
A LAW TO AMEND
BY -LAW NUMBER BIA -2
BUSINESS IMPROVEMENT LEVY BY -LAW
Be it enacted by the Common Council of the City
of Saint John as follows:
The Business Improvement Levy By -law
of The City of Saint John enacted on the third day
of January, 2006, is amended by:
ARRETE MODIFIANT
ARRETE No BIA -2
ARRETE CONCERNANT LA
CONTRIBUTION POUR L'AMELIORATION
DES AFFAIRES
Le conseil communal de The City of Saint John
d6cr6te ce qui suit:
L'arretd concernant la contribution pour
1'am6lioration des affaires de The City of Saint
John d6crdt6 le 3 janvier 2006 est modifid par
1 Repealing section 2 thereof and inserting 1 1'abrogation de Particle 2 aux pr6sentes et
the following: Pajout du texte qui suit :
2 A levy of 16 cents for each one hundred
dollars of assessed value is hereby imposed for
2014 upon non - residential property within the
Business Improvement Area established by By -law
No. BIA -1 Business Improvement Area By -law
enacted on the 5s' day of January, 2004.
IN WITNESS WHEREOF The City of Saint John
has caused the Common Seal of the said City to be
affixed to this by -law the * * ** day of * * * * *, A.D.
2014 and signed by:
Mayor /maire
2 Par la pr6sente, une contribution de
16 cents par tranche de cent dollars par rapport a la
valeur fix6e est impos6e pour I'ann6e 2014 sur les
immeubles non r6sidentiels situ6s a 1'interieur de la
zone d'am6lioration des affaires 6tablie en vertu de
1'Arretd n° BIA -1 relatif A la zone d'amdlioration
des affaires 6dict6 le 5 janvier 2004.
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau communal sur le pr6sent arretd le
* * * * * ** 2014, avec les signatures suivantes :
Common Clerk/greffier communal
First Reading - January 6, 2014 Premiere lecture
Second Reading - January 6, 2014 Deuxi6me lecture
Third Reading Troisieme lecture
091
- le 6 janvier 2014
- le 6 janvier 2014
�4
w
The My of nt John
January 15, 2014
Mayor Mel Norton
and Members of Common Council
Subject: Water run off of City property
A resident of our City has been having trouble with water running off of City owned property
onto her property and flooding her basement and causing her to use vacation time to keep the
water from destroying her furnace. She has been dealing with this for a few years now and is
asking the City to help her.
To have staff fix this flooding problem as soon as weather permits.
Respectfully Submitted,
Bill Farren
Councillor
City of Saint John
(received via email)
Zl
'.,,
i4� ° t1ohh11, 1,14i m ^I ° ", kdLl ii Al ^u,_'11 Yn� ^ :a ". 1, ,Ckl 0 fa:° fll4 N, 1b, h, � +I a !u'I„n I .:pe ^4L..
34
January 20, 2014
His Worship Mel Norton and
Members of Common Council
Your Worship and Councillors:
Subject: Adopt-a-Hydrant
Background:
The City of Saint John owns approximately 2100 hydrants. Saint John Water is responsible for
maintaining and clearing snow from around these hydrants.
Locating, clearing and prioritizing hydrants isa labour intensive exercise. Many hydrants are inclose
proximity to homes and businesses where residents may have opportunity to volunteer responsibility
for shovelling out a fire hydrant after itsnows.
One such strategy that could provide asimple program for citizens b» help assist in the ownership
and maintenance of City of Saint John infrastructure is the free Adopt-a-Hydrant app. The program
maps the locations of fire hydrants so volunteers can select a hydrant for adoption convenient to
their location and then dig them out. Our limited resources don't always guarantee the timely
clearing of snow from hydrants that can become frequently buried under snow. Therefore crowd-
sourcing volunteer efforts to ensure hydrants are clear, visible and accessible in time offire
emergency may prove beneficial.
Motion:
Refer for consideration to the City Manager the concept ofAdopt-a-Hydrant program for supporting a
safer community and more efficient fire hydrant clearing pnooess, while using
www.adoptahydrant.org as a possible model for the City of Saint John.
Respectfully Submitted,
(Received via email)
Greg Norton
Councillor - Ward 1
City of Saint John
SAINT y08N p<)� Box 1971 Saint John, Nn [nnwdm E2L4U | vw^mxsaintjohnza | C.P 1971 Saint John, N.-B. Canada E2L4Q
__��
REI)OR"T'"I"O COMMON COUNCIL
OPEN SESSION
M &C2014 -006
January 131h 2014
His Worship Mel Norton
and Members of Common Council
Your Worship and Councillors:
SUBJECT
-W-1
City of Saint John
Demolition of the vacant, unoccupied, dilapidated and dangerous building at 168 Main
Street (PID 4378653)
BACKGROUND
The property at 168 Main Street has one building on the premise, a dilapidated and fire
damaged two - storey wood - framed building which has been vacant since at least
November of 2012 when the building was first reported as being vacant.
The building suffered damage as a result of four separate fires that occurred on January
I lth, 2013, February 13th, 2013, March 7th, 2013 and March 8th, 2013. The fires resulted
in the removal of a large section of the outer east side wall, thereby exposing the interior
lath and plaster to the elements. These fires have caused visible damage to the structure.
The building is in close proximity to a neighbouring multi - family residential building. If
another fire were to occur, there is a potential for it to spread to the neighbouring
residence which could cause significant damage and would put the safety of its occupants
at risk.
The building is in dilapidated condition. There are multiple windows in the building that
are broken or open and are allowing elements to enter the building. An internal
inspection conducted on June 7th, 2013 noted debris throughout several rooms including
broken glass, mattresses, insulation, syringes, beer bottles and other garbage materials.
This debris creates a tripping hazard to any person entering the building. The syringes
are scattered across the second level floor and pose a health hazard to any person who
should come into contact with them.
The yard, which is easily accessible, is a danger to public safety as it is littered with
debris including broken glass, charred wood, a broken fence, scrap wood, and various
36
M & C 2014 -006 - 2 - January 13t1', 2014
other garbage materials. Some of these items contain protruding nails which could cause
harm to persons entering the property.
The Certificate of Ownership for the property lists one individual as the registered owner
and staff has been advised that this individual passed away in 2012. Written letters from
the department to the deceased owner's niece were sent advising her of the situation and
that remedial action would be required in order to bring the building into compliance with
the By -law. No remedial actions were forthcoming and the building remains vacant,
unoccupied and dilapidated. The building's condition poses a hazard to public safety.
For the reasons described in the Inspection Report, a Notice to Comply was issued on
October 9th, 2013. It was posted at the building on October 10th, 2013 and served to the
niece of the deceased owner on November 1st, 2013. No appeal was formally requested.
A compliance inspection was conducted at the property on January 6th, 2014 and revealed
that the conditions that gave rise to the Notice have worsened since the Notice was issued
on October 9th, 2013. Since issuing the Notice, at least one additional window has been
broken leaving the building unsecured from public entry. A building that has been left
unsecured from public entry could attract vandalism, arson, mischief, or criminal activity
and these activities could devalue properties in the area.
Attached for Council's reference is the Notice to Comply that was issued, the affidavit
attesting to service of the Notice and letter on the niece, the affidavit attesting to the
posting of the Notice to the building, and the written letter that was served upon the
niece. Also included are 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
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, 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 $20,000 to
$30,000 and will take about 6 -8 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 estate of the deceased property owner and subsequently sent to the next of
kin. 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 168 Main Street (PID 4378653), in accordance with the
applicable City purchasing policies.
37
M & C 2014 -006 - 3 - January 13'1', 2014
Respectfully submitted,
Christopher McKiel, MIT
Technical Services Officer
Growth and Community Development Services
Amy Poffenroth, P.Eng., MBA
Building Inspector & Deputy Commissioner
Growth and Community Development Services
Jacqueline Hamilton, MURP, MCIP, RPP
Commissioner
Growth & Community Development Services
Patrick Woods, CGA
City Manager
M
FORM 1
NOTICE TO COMPLY
(Municipalities Act, R.S.N.B. 1973,
c. -22, s.190.01(3))
Parcel Identifier: 378653
Address: 168 Main Street, Saint John, New Brunswick
Owner(s) or Occupier(s):
Name: Zhang, Zhi Zhi, Estate
Address: 9 Main Street West, Saint John, New
Brunswick, E2M 3M9
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-
]W").
Provision(s) contravened: Paragraphs 190,01(1)(CI) &
(d), 190 .01 (1 - 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 refuse as well as a
dilapidated building 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. The conditions of the building are
described in Schedule "A", a true copy of the inspection
report dated October 9, 2013 prepared by Christopher
McKiel, MIT, By-law Enforcement Officer and
reviewed by Pamela Bentley, 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 into compliance with the
aforesaid By-law.
In the event that the owner does not remedy the
condition of the building and premise 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.
In the event of demolition, all debris and items on the
pretuise 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
items on the premise do not include the carry-out clean-
0191
FORMULE 1
AVIS DE CONFORMITt
(Lai sur les municipalitis, L.R.N.-B. de 1973,
ch. M-22, par. 190.01(3))
Num6ro d'identification de la parcelle : 378653
Adresse: 168 Main Street, Saint John, Nouveau-
Brunswick
Propri6taire(s) au occupant(s) :
Nom : Zhang, Zhi Zhi, Biens
Adresse: 9, rue Main ouest, Saint John, Nouveau-
Brunswick, E2M 3M9
Municipalit6 signifiant Vavis : The City of Saint
John
ArrW enfreint : Arr&6 relatif aux lieux inesth6tiques
et aux bdtiments et constructions dangereux de Saint
John, Arr&6 num6ro M -30, ainsi que ses
modifications ci-aff6rentes (1' q ArTW >>).
Disposition(s) enfreinte(s) : Les paragraphes
190.01(1)(a) et (d), 190,01(1.1) et 190.01(2) de la Loi
Sur les municipalit6s, ainsi que les modifications
affidrentes.
Description de la (des) condition(s) : Les lieux s,ont
inesth6tiques en permettant la pr6sence de ferraille, de
d6tritus et de d6chets ainsi qu'un bAliment d6labr6 de
rester sur les lieux. Le batiment est devenu dangereux
pour la s6curit6 du public du fait de son inhabitation
ou de son inoccupation et, est deverru dangereux pour
la s6curit6 du public du fait de son d6labrement. Les
conditions du bdtiment sont d6crites A Pannexe o A >>,
une copie conforme du rapport d'inspection en date du
9 octobre 2013 et pr6par6 par Christopher McKiel, IS,
un agent charg6 de 1'ex6cution des arr6tds municipaux
et revise par Pamela Bentley, ing., un agent charg6 de
1'ex6cution des arr&ds municipaux.
Mesure(s) it prendre : Le propridtaire doit restaurer
les conditions en se conformant aux reCOMmandations
du rapport d'inspection susmentionn6 et d'amener le
bdtiment en conformitds avec I'Arrtt6.
Dans 1'6ventualit6 que le propri6taire ne rem6die pas
le bAtiment et le lieu dans le temps prescrit par le
pr6sent avis de conformit6, le Nitiment pourra titre
d6moli comme mesure corrective compte tenu qu'il
repr6sente un danger pour la s6curitd du public.
Tans 1'6ventualit6 de d6molition, toes les d6bris et
autres items sur le lieu seront disposds comme mesure
corrective dans le but de rem6dier le danger pour la
s6curit& du public.
Les mesures correctives susmentionn6es relativement
A la d6molition du b5timent et la disposition des d6bris
et autres items sur le lieu ne comprennent pas le
up, site rehabilitation, restoration of land, premise 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: I
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 90
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 4LI.
Potential penalty for non-compliance within
specified time:2 Subsection 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 11 of the Provincial
Offences Procedure Act as a category F offence,
Where an offence under subsection 190.03(1) continues
for more than one day, the minimum fine that may be
imposed is the minirmun 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 paragraph
190-03(1.2)(b)(i).
Municipality's authority to undertake repairs or
remedy'3 Paragraphs 190.04(1)(a.1) and 190.04(l)(b)
of the Municipalities Act state 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 owner or occupier and
![11
nettoyage, la remise cn 6tat du lieu, des terrains on des
biens personnels ou toute autre mesure corrective dans
le but de contr6ler ou de r6duire, d'dliminer le
d6versement, de modifier le mode de d6versement ou
le d6versement d'un polluant dans ou sur
Fenvironnement on toute partie de Penvironnement.
Date A laquelle la ou les mesures doivent titre
prisesi -,
a) La d6molition du bitimentet le nettoyage de
lieu doivent titre compi&66s, ou � laquelle les
plans et demande de permis pour les mesures
des reparations, doivent titre sournises, dans
les 90 fours qui suivent la signification de
I'avis de confonnitd.
b) Les reparations reli6es aux mesures doivent
titre compl6t6es dans les 120 fours qui
suivent la signification de I'avis de
conformit6.
Date h laquelle un appel de Pavis pent titre d6p,os6:
bans les 14 fours qui suivent la notification de Ilavis
de conformit6.
Processus d'appel : Le propri6taire peat dans les 14
fours qui suivent la notification de Favis de
conformit&, envoy6 un avis d'appel par courrier
recommand6 au greffier communal de la municipalit6,
A The City of Saint John, tdifice de I'h6tel de ville, 8e
6tage, 15 Market Square, Saint John, Nouveau
Brunswick, E2L 4L L
P6ualiti possible pour non-conformit6 dans le dilai
prescrit2 : Le paragraphe 190,03(1) de la Loi sur les
municipalit& pr6voit quiconque omet de se conformer
aux exigences formul6es dans un avis de conformit6
notifi6 aux termes de Particle 190.011 de ladite loi,
comet une infraction qui est punishable en vertu de
la Partie 11 de la Loi sur la procedure applicable aux
infractions provinciales d titre d'infraction de la classe
F.
Lorsqu'une infraction pr6vue au paragraphe 190.03(1)
se poursuit pendant plus d'une journ6c, Pamende
minimale qui peut titre impos6e est Pamende
minimale pr6vue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipli6e par le nombre de
fours pendant lesquels Pinfraction se poursuit
conform6ment d Valin6a 190.03(1.2)(b)(i).
Pouvoir de la unicipalitk d'entreprendre les
reparations on de prendre les mesureS3 :
Conform6ment aux alin6as 190.04(l)(a.1) et
190.040)(b) de la Loi sur les municipalitis, si un avis
de conforinit6 a 6t6 signifi6 aux termes de Particle
190.011 de ladite loi et, que le propri6taire ou
Poocupant n,e se conforme pas A cet avis de
conformit6 dans le ddlai imparti et tel qu'il est r6putd
confirtn6 on tel qu'il est confirind ou modifi6 par un
comit6 du conscil ou par un juge en vertu de Particle
190.021 de ladite loi, la municipality pent 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
becomes a dent due to the municipality.
Dated at Saint John the —q— day of October, 2013.
Municipality: The City of saint John
Signature Of Municipal Officer:
frais relatifs a Pey,6cution de ces travaux, y compris
toute redevance ou tout droit aff6rent, sont A la charge
du propri6taire ou de Poccupant et deviennent ime
cr6ance de la municipalit6.
Fait a Saint John le octobre, 2013,
Municipalit6: The City of Saint John
Signature du repr6sentant municipal:
Municipal Officer's Contact information:
Name: Christopher McKiel, MIT
Mailing address:
Buildings and Inspection Services Department
The City of Saint John
15 Market Square
City Hall Building, 10' Floor
P. C. Box 1971
Saint John, New Brunswick
E2L 4L I
Coordonn6es de la reprisentante municipale .
Nom : Christopher McKiel, I. S,
Adresse postale:
D6partement aux services Winspection 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 4LI
Telephone: (506) 658-2911 T616phone: (506) 658-2911
Telecopier: (506) 632-6199 T616copieur: (506) 632-6199
Email: christopher-mckiel@saintjohn.ca Courriel: christopher,mekieI@saintjohnca
Sceau de la municipalit.,
VATIN-i0*00; 0 11-�!-MIIIAV r T
Notes-
I R�N
'S
All appropriate Petmits%SA7!�Z�Mtaf�n/
1. - -.Pbt:v ed 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.
55
Notes :
1. Tons les permis prescrits doivent atre obtenus et toute la
16gislation Pertinente doit titre respect6e, pendant Vexdcution de la
mesure de recours.
2. Le paiement de Pamende Wannule pas Fobligation de respecter
Varr&6, la norme ou pavis de conformitd,
I Les coins deviennent une defte envers la municipality et peuvet
titre aiOutis 4 Pavis d'dvaluation et Wimp& foncier municipal et
provincial.
INSPECTION REPORT
Schedule "All
168 Main Street
Saint John, New Brunswick
PID# 378653
Inspection Date: September 20, 2013
Inspector: Christopher lac 'e1
I hereby certih , ai,
document is a true
onghial.
Inspections Of the Property noted that the building on the premise is vacant, fire damaged,
dilapidated and unsightly. The building is two storeys in height, is of wood framed
construction, and is rectangular with an ell at the rear (South). The building has been
vacant since at least November of 2012 when staff first began monitoring the building.
The building suffered damage as a result of four separate fires that occurred on janu
11, February 13, March 7 and March 8, 2013. eP e ed ary
The premise contains a large amount of
ashes, junk, rubbish, and refuse as well as broken glass, scrap wood and other garbage
materials.
The building is a hazard to the safety of the Public by reason of being vacant or
Unoccupied and by -reason of dilapidation.
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} ).
eret th
Unsightly premise conditions
Subsection 190-01(1) 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
(a) any ashes, junk, rubbish or refuse.
(d) a dilapidated building.
L There is a large pile of wood on the Premise which contain
scrap wood and broken pieces of wood siding. There is al s sheets of Plywood,
refuse on the Premise including broken glass, so junk, rubbish and
Open
ashes, broken doors, a broken fence and a garbage bags, charred wood,
broken metal lawn chair. This
accumulation of junk, rubbish and refuse is unsightly.
2. The east side of the building contains a large fire damaged area with sections of
lath exposed and pieces of wood siding hanging from the building. There are
some windows in the building that have been boarded up using untreated
Plywood. Many other windows that have not been boarded up are now broken.
This dilapidated building is unsightly.
Vacant and Unoccupied Conditions
Subsection 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.
:A YJ
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 is currently vacant and has been since at least November of 2012
when staff first began monitoring the building. Staff has been informed that
the registered owner of the building passed away. Numerous written letters
have been sent to the next of kin on November 1, 2012, January 14, 2013,
February 14, 2013, and March 8, 2013, requesting the removal and disposal of
all debris on the premise as well as the cleanup of all broken glass. These
requests have not been adhered to.
2. An interior inspection of the building was performed on June 7, 2013 and
found debris throughout the rooms, including mattresses, gyp rock, insulation,
broken glass, syringes, beer bottles, and other garbage materials. This debris
creates a tripping hazard to any person who should enter the building. The
syringes, which are scattered across the upper level floor, pose a health hazard
to any person who should come into contact with them.
3. There is a high risk of a fire event occurring at the premise due to both the
history of fires and because of the presence of combustible materials on the
property. This building has already been the site of four deliberately set fires.
If another fire were to occur at the subject building there is a potential for the
fire to spread to the adjacent multi-family residential building which could
cause significant damage and would put the safety of its occupants at risk.
The building is located in a densely populated area of the city with a high
volume of pedestrian traffic and is within walking distance of the C. E. Nick
Nicolle Community Centre, Main St. Baptist Church, Lome Middle School
and St. Peter's Roman Catholic Church.
4. The premise contains a large amount of kindling and wood material which
could be used as fuel to initiate a fire. There are also sheets of plywood and
other scrap wood on the premise, some of which contain protruding nails.
These protruding nails pose a hazard to any person who might walk around
the side of the building.
5. There is a concern for firefighter safety, in the event of a fire. Since the
building is known to the public as vacant, it would be reasonable for
firefighters to enter it in the event of a fire to check for people inside. The
condition of the interior is largely unknown to firefighters, which poses a
hazard to their safety and others who may be inside in the event of a fire.
There are many large items scattered throughout the back room where the fire
took place which make it difficult to move around. These items include a
fridge, dryer, cardboard boxes, doors, windows and other debris. These items
act as a payload for a fire and would restrict the movement of firefighters in an
emergency situation. There is no railing or guards around the open stairwell
in the back section of the building. This poses a major hazard to firefighters
who may enter the building during limited visibility and could fall down the
open stairwell.
6. A building that has been left unsecured from public entry could attract
vandalism, arson, mischief, or criminal activity and these activities could
devalue properties in the area. This building has been the subject of arson and
criminal activity which poses a hazard to the safety of neighbourhood
residents.
2
43
Dilapidated Building Conditions
Subsection 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 building is a hazard to the safety of the public by reason of dilapidation for the
following reasons:
1. The building has suffered from fire damage on the rear, east side. As a result
of the recurring fires, a large portion of the outer wall is missing leaving the
lath and plaster exposed to exterior conditions. These fires have caused
clearly visible damage to the structure. The openings are allowing elements to
penetrate the building and are contributing to the deterioration and weakening
of the structure. The internal inspection revealed that one section of the
ceiling clearly shows water damage,
2. There are multiple windows in the building that are either broken or open.
There is broken glass in the windows facing Main Street and broken glass
covering the front landing leading to the main entrance. There are also broken
windows on the east side of the building and broken glass on the ground. This
broken glass poses a hazard to anyone walking on the sidewalk, walking up to
the main entrance or walking around the side of the building. The broken
windows in the building are also allowing elements to enter the building
which only serves to accelerate the deterioration and weakening of the
structure.
3
44
Required Remedial Actions
The Owner must comply with one of the two options stated below:
Option 1: Remedy the condition of the building through all repair and remedial actions as
follows:
I. 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 John (the "Department-) for review and approval.
The plan should include any necessary repairs and 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 any engineering 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
and all rubbish that may be considered hazardous 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 the adjacent 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
45
< f }
t/ /'' Christopher McKiel, MIT i- •'���,' � � �r�A 2
li
Technical Services officer Date
Growth and Community Development Services
Reviewed by:
amela Bentley, P. Eng.
Technical Services Engineer
Growth and Community Development Services
5
![.1
4at AL� /
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
/,I,/ 4�f of the City of Saint John in the
County of Saint John and Province of New Brunswick MAKE OATH AND SAY
AS FOLLOWS-
1. On the // day of 2013, at
approximately I served V �
with a copy of the letter, attached hereto as Exhibit "A", two copies of a Notice to
Comply, acopy of which is attached hereto as Exhibit "B" and two copies of a
blank Notice of Appeal, a copy of which is attached hereto as Exhibit "C", by
leaving them with him he at
New Brunswick.
2. 1 was able to identify the person served by means of the fact that he
acknowledged to me hes��e as
Sworn To before me at the
City of'Saint John, N.B-,
on the day of
2013
-Y
&
PAMELA IM H aEN'TLF-Y V
GOMMtSSIONER OF OATHS
�Ay COMMISSION EXPIRF-5
DE
C -CEMBER 31st, 2013
:Ail
October 10, 2013
Buildings and Inspection Services / Services d'inspection et des
bitiments
Phone / TO: (506) 658-2911
Fax / T616c: (506) 632-6199
Ying Xue Tan
'9 Main Street West
Saint John, N13
E2M 3M9
Dear Madam:
RE: 168 Main Street — PID #378653
This is Exhibit
R,e f red to in the Affidavit of
e)rl before me at the City of
'ii John New Brunswick
9
�t, h day Of X h" V� "A')
4 1
Cum rn'i%sione:r of Oaths
I am providing you with two copies of the Notice to Comply and two copies of a blank Notice of
Appeal form for 168 Main Street -- PID 378653, The second copy of the Notice to Comply and
blank Notice of Appeal form is for you to provide to Xiao Hong Zhang as discussed with your
representative on October 4, 2013.
You must also submit the full mailing address of Xlao Hong Chang to the City of Saint John's
Buildings & inspection Services Department, 1O" Floor, City Hall, on or before October 18` ",
2013. Failure to provide this inforination will not limit the City of Saint John's ability to remedy
conditions on the property which would include the demolition of the building at 169 Main
Street, If you have any further questions you may contact me at (506)658-2911.
Regards,
Christopher McKie], MIT
By-Law Enforcement Officer
SAINT JOHN
RO, Box 1971 Saint John, NB Canada E2L 4L11 I www.saintohn,ca I C.P. 1971 Saint john, N,B. Canada E2L4L1
:A FQ
This is Exhibit 1 inib it
Referred to in th e 'id A u, in the Affidavit
gg av� of
Sworn be„ ore ire at the City of
Saint John, New Brunswick
the a day ofla, (' , 1P r i ei;.
ConrprraissiCnru �nS
NOTT'CE 1Vi>'I
(Municipalities Act, R.S.N. B. 1973,
c.M -22, s.I90,01(3))
Parcel Identifier: 3786,53
Address: 168 Main Street, Saint. John, New Brunswick
Owner(s) or Occupier(s):
Name: Zhang, Zhi Zhi, Estate
Address: 9 Main Street Nest, Saint John, New
Brunswick, E2M 3M9
Municipality issuing notice: The City of Saint John
yre me at the r
',0, New Brunsv, .; l +` HENTLEY
day of .�.� vo � 51JRVFR * c���Z� -1,
BE
Epo
a,;SlC)rnei Cif
FORMULE I
AVIS DE C4lNFO IT'E
(Loi sury les ►r unicipalitis, L.R.N. -IB. de 1973,
ch. M -22, par. 190.01(3))
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) &
(d), 190.01(1.1) and 190.01(2) of the Municipalities Act,
and amendments thereto.
Description of condition(s): The premise is unsightly
by permitting junk, rubbish and refuse as well as a
dilapidated building 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. The conditions of the building are
described in Schedule "A ", a true copy of the inspection
report dated October 9, 2013 prepared by Christopher
McKicl, MIT, By -law Enforcement officer and
reviewed by Pamela. Bentley, P. Eng., By -Law
Enforcement Officer.
Remedy or remedies req uire& The owner is to
remedy the conditions by complying with the required
remedial actions of the aforementioned inspection report
and bring the building; into compliance with the
aforesaid By -law.
In the event that the owner sloes not remedy the
condition of the building and premise 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.
In the event of demolition, all debris and items on the
premise 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
items on the premise do not include the carry -out clean-
Num.6ro d' identification de la parcelle 378653
Adresse : 168 Main Street, Saint John, Nouveau-
Brunswick
Propri6taire(s) on occupant(s)
'tom : Zhang, Zhi Zhi, ]Biers
A.dresse : 9, rue Main guest, Saint John, Nouveau-
Brunswick, E2M 3M9
Muunicipalit6 signifnant Pavis The City of Saint
John
Arr6ti enfreint : Arr&t relatifaux lieux ine,stUtigues
et aux bdtiments et constructions dangereux de Saint
John, Arret6 num&ro M -30, ainsi que ses
modifications ci- at£6rentes (1' << Arr&6 »).
Disposition(s) enfreinte(s) Les paragraphes
190.010)(a) et (d), 190.01(1.1) et 190.01(2) de la Loi
sur les municipalites, ainsi que les modifications
affdrentes.
Description de la (des) condition(s) : Les lieux stint
irnesthetiques en permettant la presence de ferraille, de
detritus et de dechets ainsi qu'un batiment d6labre de
rester Sur les lieux. Le batiment est devenu dangereux
pour la securit6 du public du fait de son inhabitation
on de son inoccupation et, est devenu dangereux pour
la securite du public du fait de son delabrement. Les
conditions du batiment sont d6crites a 1'atnnexe t< A »,
une copie conforme du rapport d'inspection en date du
9 octobre 20'13 et prepar6 par Christopher McKiel, IS,
un agent charge de 1'ex6cution des arretes municipaux
et revise par Pamela Bentley, ing., un agent charge de
1'ex6cutiorn des arretes murnicipaux.
Mesure(s) a prendre : Le propri6taire doit restaurer
les conditions en se conformant aux recommandations
du rapport d'irnspectionn susmentionn6 et d'amener le
batiriaent en conformit<s aver l'Anret6.
Dans 1'6ventualit6 que le proprietaire nne rem6die pas
le batiment et le lieu daps le temps prescrit par le
pr6sent avis de conformite, le batiment pourra titre
d6moli comme rnesure corrective cornpte tenu qu'il
represente un danger pour la s6curitd du public.
Fans 1'eventualite de demolition, tons les debris et
autres items Sur 1e lieu scront disposes comme mesure
corrective daps le but de rerrn6dier le danger pour la
s6curit6 du public.
Les mesures correctives susmentionn6es relativernent
A la d6molition du batiment et la disposition des debris
et autres items Sur le lieu n;, com.prennnent pas le
!017
up, site rehabilitation, restoration of land, premise 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: i
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 90
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 — 8"' Floor, 15
Market Square, Saint John, New Brunswick, E2L 4L1.
Potential penalty for non - compliance within
specified tiMe:2 Subsection 190.03(1) of the
Municipalities Art 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 U of the Provincial
Offenc,es Procedure Act as a category F offence.
Where an offence under Subsection 190.03(1) continues
for more than one day, the minimum fine that may be
imposed is the minimum fine set by the Provincial
Qffences Procedure Act for a category F offence
multiplied by the number of days during which the
offence continues pursuant to paragraph
190.03(1,2)(b)(i).
Municipality's authority to undertake repairs or
remcdy:3 Paragraphs 190.04(1)(a.1) and 190,04(l)(b)
of the Municipalities Act state 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 owner or occupier and
nettoyage, la remise en 6tat du lieu, des terrains ou des
biers personnels On toute autre mesure corrective dans
le but do contr6ler on de r6duire, d'dliminer le
d6versement, de modifier le mode de d6versement ou
le d6versement d'un polluant dans on Sur
Penvironnement on toute partie de Venvironnement.
Date h laquelle la ou les mesures doivent titre
prises �
a) La d&molition du batiment et le nettoyage de
lieu doivent titre compl&66s, on 6 laquelle les
plans et demandede permis pour les mesures
des reparations, doivent titre sournises, dans
les 90 jours qui suivent la signification de
I'avis de conformit6.
b) Les reparations reli6es aux mesures ' doivent
titre compl6t6es dans les 120 jours qui
suivent [a signification de Pavis de
conformit6.
Date A laquelle un appel de I'avis perm itre dipos6:
bans les 14 jours qui suivent la notification de Favis
do conformit6.
Processus d'ap,pel ' Le propri6taire pout dans les 14
jours qui suivent la notification de Favis de
conformit6, envoy6 un avis d'appel par courrier
recommand6 an greffier communal de la municipality:,
A The City of Saint John, tdifice do Ph6tel de ville, 8'
stage, 15 Market Square, Saint John, Nouveau-
Brunswick, E2L 4L1.
P6nallt6 possible pour non-conformit6 dans le d6lai
presCrit2 : Le paragraphe 190,103(1) de la Loi sur les
municipalitis pr6voit quiconque omet do so 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 11 de la Loi sur la prac�dure applicable aux
infractions provinciales A titre d'infraction de la classe
F
Lorsqu'une infraction prdvue an paragraphe 190.03(1)
se Poursuit pendant plus d'une joumde, Vamende
minimale qui Pont titre impos6e est Famende
minimale pr6vue par la Loi sur la proc6dure
applicable aux infractions provinciales pour une
infraction de la classe F multipli6e par le nombre de
jours pendant lesquels Pinfraction Se poursuit
conform6ment A Falin6a, 190.03(1.2)1(b)(i).
67111
Pouvoir de la municipality d"entreprendre les
reparations on de prendre les mesureS3 :
Conform6ment aux alin6a:s 190.04(1)(a.1) et
190,04(1)(b) de la Loi sur les municipalit6s, si un avis
de conformit6 a 06 sigiaifi6 aux termes do Particle
190.01 1 de ladite loi et, que le propri6taire ou
Poccupant ne se conforme pas h cot avis de
conformit6 dans le d6lai imparti et tel qju'iI est r6put6
confirm6 ou tel qu'il est confirm 6 ou modiR6 par un
comit6 du conseil ou par un juge en vertu do Particle
190.021 de ladite loi, la municipalit6 pent faire
nettoyer on r6parer les lieux de cc propri6tairc on de
cet occupant ou de faire r6parer ou d6molir la
propri6t6 de cc ProPri6taire ou do cet occupant, et les
becomes a debt due to the municipality,
Dated at Saint John the _q_ day of October, 20 13
Municipality, The City of Saint John
Signature Of Municipal Officer:
frais relatifs A 1'ex6cution de ces travaux, y compris
toute red,evance on tout droit aff6rent, sont A la charge
du propri6taire On de I'Occupant et deviennent une
cr&ance de la municipaht6.
Fait A Saint John le octobre, 2013.
Municipalitd . The City of Saint John
Signature du repr6sentant municipal:
Municipal Officer's Contact information:
Name: Christopher McKiel, MIT
Mailing address:
Buildings and inspection Services Department
The City of Saint John
15 Market Square
City Hall Building, I O'b Floor
P. 0. Box 1971
Saint John, New Brunswick
E2L 41.,1
Telephone: (506) 6582911
Telecopier: (50,6) 632-6199
Email: christophei
Seal of municipali
Notes:
I. All appropriate permits 5
�e_obtgncd and all relevant
legislation must be complied witb 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.
51
Coordonnies de la repr6sentante municipale :
Nom : Christopher McKiel, I.S.
Adresse postale:
D6partement aux services Winspection et des
batiments.
The City of Saint John
15 Market Square
edifice de Vh6tel de ville, 10' 6tage
Case postale 1971
Saint John (Nouveau-Brunswick)
E21, 41.,1
T616phone : (506),658-2911
T616copieur: (506) 632-6199
Courriel: christopher,mcki,el@saintjoh-n.ca
Sceau de la municipalit6
Notes
1. Tous les permis Prescrits doivent titre obtenus et toutc, la
16gislation pertinente doit Etc respect6e, pendant 1'ex6cution de la
mesure de recours,
2. Le paiement de Pamende Wannule pas Fobligation de respecter
Varretd, la non-ne ou Pavis de conformitil,
I Les colts deviennent unc dette envers ]a municipatit6 et peuvent
titre ajoutds a Favis d'dvaluation et d'impat foucier municipal et
provincial.
INSPECTION I PORTI
Schedule "All
168 Main Street
`ID# 3786
I hereby certiff), _v_
dozumemt is a tr4e
CrIghw.
Inspections Of the Property noted that the building on the premise is vacant, fire damaged,
dilapidated and unsightly. The building is two storeys in height,
is
construction, and is rectangular with an ell at the rear (South). The of wood framed
bu
vacant since at least November of 2012 when staff first began monitoring the building.
ilding has been
The building suffered damage as a result of four separate fires that o
ccurred on January
ashes, junk, rubbish, and refuse as well as broken glass, contains a large amount of
11, February 13, March 7 and March 8, 2013, The premise o
materials, scrap wood and other garbage
The building is a hazard to the safety of the Public by reason of being vacant or
Unoccupied and by reason of dilapidation,
�11 I
The building is -not in compliance with the Saint John Unsightly Premises and Dangerous
Buildings and Structures BY-I,,) By-law Number M-30, and amendments thereto (the
"By-lawl).
Subsection 190,01(1) 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
(a) any ashes, junk, rubbish or refuse.
(d) a dilapidated building.
L There is a large pile of wood on the premise which contains sheets of Plywood:,
scrap wood and broken pieces of wood Siding. There is also junk, rubbish and
refuse on the premise including broken glass, open garbage bags, charred wood,
ashes,, broken doors, a broken fence and a broken metal lawn chair. This
accumulation of junk, rubbish and refuse is unsightly,
2. The east side of the building contains a large fire damaged area with sections of
lath exposed and pieces of wood siding hanging from the building. There are
some windows in the building that have been boarded up using untreated
Plywood. Many other windows that have not been boarded up are now broken.
This dilapidated building is unsightly.
Subsection 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.
61YJ
The building is a hazard to the safety of the public by reason of being vacant or
unoccupied for the following reasons-
I - The building is currently vacant and has been since at least November of 2012
when staff first began monitoring the building. Staff has been informed that
the registered owner of the building passed away. Numerous written letters
have been sent to the next of kin on November 1, 2012, January 14, 2013,
February 14, 2013, and March 8, 2013, requesting the removal
all debris on the premise as well as the cleanup of al al and disposal of
requests have not been adhered to. I broken glass. These
2. An interior inspection of the building was Performed o June 7, 20,13 d
found debris throughout the rooms, including mattresses, 11 an
gyp rock, insulation,
broken glass, syringes, beer bottles, and other garbage materials. Thi
creates a tripping hazard to s debris
any Person who should enter the building. The
syringes, which are scattered across the Upper level floor, pose a health hazard
to any person who should come into contact with them.
3. There is a high risk of afire event Occurring at the premise due to both the
history Of fires and because of the presence of combustible materials on the
Property. This building has already been the site of f
fire to spread to the adjacent subject building there is a potential for the
multi-family residential building which could
cause significant damage and would put the safety of its Occupants at risk.
The building is located in a densely Populated area of the city with a high
volume of pedestrian traffic and is within walking distance of the C. E. Nick
Nicolle Community Centre, Main St. Baptist Church, Lorne Middle School
and St. Peter's Roman Catholic Church.
4- The Premise contains a large amount of kindling and wood material which
could be used as fuel to initiate a fire.
other scrap wood on the premise, some are also sheets of Plywood and
e of which contain Protruding nails.,
These Protruding nails pose a hazard to any person who might walk around
the side of the building.
S. There is a concern for firefighter safety, in the event of a fire. Since e
it would building is known to the public as vacant, u, d I be th
reasonable for
firefighters to enter it in the event of a fire to check for people inside. The
condition of the interior is largely unknown to firefighters, which poses a
hazard to their, safety and others who may be inside in the event of a fire.
There are many large items scattered throughout the back room where the fire
took place which make it difficult to move around. These items include a
fridge, dryer, cardboard boxes, doors, windows and other debris. These items
act as a payload for a fire and would restrict the mov
ement of firefighters in an
emergency situation. There is no railing or guards around the open stairwell
in the back section of the building. This poses a major hazard to firefighters
who may enter the building during limited -visibility and could fall down the
open stairwell.
6. A building that has been left unsecured from public entry could attract
vandalism, arson, mischief, or criminal activity and these activities could
devalue properties in the area. This building has been the subject of arson and
criminal activity which poses a hazard to the safety of neighbourhood
residents.
N
6V
Subsection 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 building is a hazard to the safety Of the public by reason of dilapid tio for t
following reasons: 4 n he
The building has suffered from fire darn age on the rear, east side. As a result
of the recurring fires, a large portion of the Outer wall is missing leavin the
lath and Plaster exposed to exterior conditions. These fires hav g
clearly visible damage to the structure. The openings are allowing e caused
elements to
Penetrate the building and are contributing to the deterioration and weakening
Of the structure. The internal inspection revealed that one section of the
ceiling clearly shows water damage.
2. There are multiple windows in the building that are either broken or open.
There is broken glass in the windows facing Main Street and broken glass
covering the front landing leading to the main entrance I
windows on the east side of the building and broken gl . There are a so broken
ass on the ground. This
broken glass poses a hazard to anyone walking on the sidewalk, walking up to
the main entrance or walking around the side of the building. The broken
windows in the building are also allowing elements to enter the building
which only serves to accelerate the deterioration and weakening of the
structure.
67V
I ,
I
OPtio'n 1: Remedy the condition
follows: 1 of the building through all repair and remedial actions as
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..
The plan should include any necessary repairs and a schedule for the work that is
to be carried out. The repaired building must meet the National Building Code of
Canada (2'005) as well as other applicable codes.
4. The detailed plan, including schedules and any engineering 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 Joohn 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
and all rubbish that may be considered hazardous 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 the adjacent grade so as to not create a tripping or
failing 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.
11
6101
Christopher 1'vlcKiel,MIT C� �
'technical Services CfEcer late
Growth and Community Development Services
&amelaentley, P. En . - _ f
Technical Services Engineer Date
Growth and Community Development Services
67.1
File No.:
I
NOTICE OF APPEAL
FORM 1
(Municipalities Act, R.S.N.B. 1973,
C. M-22, s.190.021(1))
Appellant(s),
w
- and -
Respondent,
Parcel Identifier: PID #
Parcel Address,
Owner(s) or Occupier(s).
Name:
Address:
Telephone:
Maine:
Address:
Telephone:
AVIS DAPPEL
FORMULE1
(Loi sear les municipalitis, L.R.N.-B. de 1973,
ch. M-22, par. 190.021,(1))
ThiM,Eulftsier.
Referred to i Ant h e A "ja-v- 11 �O
SWENR n1 le at the City of
Saint John New Brunswick,
the day of .
PAMELA M H BENTLEY
COmM I SSI 0 NER OF OATHS
my co,MMISSIO,N EXPIRES
DECEMBER 31G"T,20'43
Appelant(s),
et -
61YA
THE CITY OF SAINT JOHN,
Intim6e.
Nurn6ro d'identification de la parcelle : # NID
Adresse de la parcelle :
Propri6taire(s) ou occupajit(s)
Nom :
Adresse:
T616phone:
Adresse:
T✓16phone:
-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)-.
L'appelant(s) susnomm6(s) n'accepte(nt) pas les
modalit6s ou les conditions qui y sent 6nonc&s dans
I'avis qui a 6t6 notifi6 aux termes de Particle 190.0,11 do
la Loi sur les municipalit6s et fait appel au Comite
d'appel des propri&e's inferieures aux normes de Saint
John,
Les motifs d'appel de Vappelant(s) dans le pr6sent appel
sont les suivants (9noncer les motifs de faun. Claire et
concise) :
Dated at the __ day of Fait
2013.
Signature of owner or occupier
The appellant(s) intends to proceed in the English
or French language (Please check the appropriate
box).
Please forward your Notice of App ea I 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 4LI
Telephone: 506-658-2862
Telecopier: 506-674-4214
Notes:
I. A notice that is not appealed within tourteen (14)
days after having been given the notice shall be
deemed to be confirmed,
le
2013.
Signature du propri6taire ou l'o,ccupant
L'appelant(s) a (ont) l'intention d'utiliser ]a langue
frangaise on anglaise (Feuillez cocher [a case
appropriee).
Veuillez faire parvenir volre Avis d'appel par, courrier
recommandd au seer6taire de The City of Saint John
dans les quatorze (14) jours qui suivent la notification
de Vavis i7 Vadresse suivante :
Bureau du greffier communal
15 Market Square, Edifice de I'h6tel de ville, 8' 6tage
Case postale 1971
Saint John (Nouveau-Brunswick)
E2L 4111
T616phone: 506-658-2862
T616copieur: 506,-674-4214
67%]
Notes :
I. Un avis dons it nest pas interjet6 appel dans les
quatorze (14)� fours qui suivent la notification de Vavis
est T&Putee confirm6.
-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.
2. Lors d'un appel, le ComW d'appel des propriji6s
inferieures aux normes de Saint John dolt tenir, sur le
point en litige, une audience au tours de laquelle le(s)
propri6taire(s) ou Foccupant(s) qui inteiJette(nt) appel a
(ont) le droit d'etre entendu(s) et peut(vent) se faire
repr6senter par un avocat.
3. Lors d'un appel, le Comitg d'appel des proprijl&
inferieures aux normes de Saint John pout conformer,
modifier ou annuler Vavis ou proroger le d6lai pour s'y
conformer.
4, Le Com,W d'appel des propri6tis infi&ieures aux
normes de Saint John doit fournir une copie de sa
d6cision au(x) propri6tairc(s) ou � Foccupant(s) des
lieu x, du bAtiment ou de la construction qui lui a(ont)
interjet6 appel dans les quatorze (14) fours suivant la
date � laquelle it a rendu sa d6cision,
5. Le(s) propri6taire(s) ou Foccupant(s) a qui une topic
dune d6cision a 6t& fournie par le Comite d'appel des
propri&6s infirieures aux normes de Saint John
peut(vent), dans les quatorze (14) fours qui suivent,
inteiJeter appel de la d6cision devant un juge de la Cour
du Banc de la Reine du Nouveau-Brunswick au motif
que (a) la. d6marche a suivre en vertu de la Lai sur les
municipalit6s ri'a pas W suivie, ou (b) la d6cision est
manifestement, d6raisonnable,
6111
XI
0.0
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
IN THE MATTER OF THE BUILDING THAT IS LOCATED AT
168 Main Street, SAINT JOHN, N.B. (PID number 378653)
AFFIDAVIT OF SERVICE
1, Christopher Daniel McKiel, of Hampton, N.B., Make Oath And Say As Follows:
I. I am employed by The City of Saint John in its Buildings and Inspection Services
Department. I have personal knowledge of the matters herein deposed except where
otherwise stated.
2. On October 10"', 2013, at approximately ry . I posted a copy of the attached
Notice to Comply, marked Exhibit "A". and the attached, Notice of Appeal, marked
Exhibit "B" to the front door of the building that is located at 168 Main Street, Saint
John, N.B.
Sworn To before me at the
City of Saint John, N.B.,
on the I Oth day of
October, 2013
ILI
Pamela Bentley
PAMELA N4 M BEW'mey
COMMISSIONER OF, ()
MY COMMISS ATH5
ION
D L`P1REq,
ECEMBER31ST, )( 2013
Christopher McKiel
This is Exhibit %' 1"'0"
Referred to 1n the Aff !davit of PAMELA M H BENTLEY
(,,0MMtssimER OF 0AI'HS
My MmISSION EXPR ES
Sworn beforb me at thW�,4, of CC)DECEMBER',31 ST,2013
Sant John, New St-unswick
the day of
FORM 1 commissioner OT Oaths FORMULE 1
NOTICE TO COMPLY Ay'1'14DE CONFORMIA
(Municipalities Act, R.S.N.B. 1973, (Loi sur les municipalitis, L.R.N.-B. de 1973,
c. -22, S.190.01(3)) ch. M-22, par., 190.01(3))
Parcel Identifier: 378653
Address: 168 Main Street, Saint John, New Brunswick
Owner(s) or Occupier(s):
Name: Zhang, Zhi Zhi, Estate
Address: 9 Main Street West, Saint John, New
Brunswick, E2M 3M9
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) &
(4), 190.01 (1, I) and 190.01(2) of the Municipalities Act,
and amendments thereto.
Description of condition(s): The premise is unsightly
by permitting junk, rubbish and refuse as well as a
dilapidated building 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. The conditions of the building are
described in Schedule "A", a true copy of the inspection
report dated October 9, 2013 prepared by Christopher
McKiel, MIT, By-law Enforcement Officer and
reviewed by Pamela Bentley, 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 into compliance with the
aforesaid By-law.
In the event that the owner does not remedy the
condition of the building and premise 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.
In the event of demolition, all debris and items on the
premise 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
items on the premise do not include the carry -out clean-
A I
Num6ro d'identification de la. parcelle : 378653
Adresse: 168 Main Street, Saint John, Nouveau-
Brunswick
Propriftaire(s) ou,occupant(s) :
Nom : Zhang, Zhi Zhi, Biens
Adresse -, 9, rue Main ouest, Saint John, Nouveau-
Brunswick, E2M 3M9
Municipality signiflant 11avis : The City of Saint
John
Arrft6 enfreint : Arr&e relatif aux lieux inestUtiques
et aux bdtiments et constructions dangereux de Saint
John, Arr&6 num6ro M-30, ainsi que ses
modifications ci-aff6rentes (V << Arr&6 >>).
Disposition(s) enfreinte(s) . Les paragraphes
190,010)(a) et (d), 190.01(1.1) et 190.01(2) de IaLoi
sur les municipalWs, ainsi que les modifications
aff6rentes.
Description de [a (des) condition(s) : Les lieux sont
inesth6tiques en permettant la pr&sence de ferraille, de
d6tritus et de d6chets ainsi qu'un bhtiment d6labr6 de
rester sur les lieux. Le bAtiment est devemidangereux
pour la s6curit6 du public du fait de son inhabitation
ou de son inoccupation et, est devemi dangereux pour
la s&curit6 du public du fait de son d6labrement. Les
conditions du bdtiment sort d6crites A Pannexe o A >>,
une copie conforme du rapport d'inspection en date du
9 octobre 2013 et pr6pai6 par Christopher McKiel, IS,
un agent charg6 de 1'ex6cution des arr6t6s municipaux
et revise par Pamela Bentley, ing., un agent charg6 de
1'ex6cution des arr6t6s municipaux.
Mesure(s) A prendre : Le propri6taire dolt restaurer
les conditions en se conformant aux recommandations
du rapport dinspection susmentionn6 et d'arnener le
bdtiment en conformit6s aver I'Arr&6.
bans 1'6ventualit6 que lc propridtaire ne rem6die pas
le batiment et le lieu daps le temps prescrit par le
pr6sent axis de confon-nit6, le bAtiment pourra titre
d6moli comme Mesure corrective compte tenu qu'il
repr6sente un danger pour la s6curit,6 du public.
Dans 1'6ventualit6 de d6molition, tons les d6bris et
autres items sur le lieu seront dispos6s comme mesure
corrective Bans le but de rem6dier le danger pour la
s6curit6 du public.
Les mesures correctives susmentionn6es relativernent
h la d6molition du bdtiment et la disposition des d6bris
et autres items sur le lieu ne comprennent pas le
up, site rehabilitation, restoration of land, premise 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: t
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 90
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 — 8"' Floor, 15
Market Square, Saint John, New Brunswick, E2L 4L1.
Potential Penalty for non - compliance within
specified tiMe:2 Subsection 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 11 of the Provincial
Offences Procedure Act as a category F offence,
Where an offence under subsection 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 paragraph
190.03(1.2)(b)(i).
Municipality's authority to undertake repairs or
remedy:3 Paragraphs 190.04(1)(a.1) and 190.04(1)(b)
of the Municipalities Act state 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 owner or occupier and
11-36
nettoyage, la remise en 6tat du lieu, des terrains ou des
biens personnels ou toute autre mesure corrective dans
le but de contr6ler ou de r6duire, d'61iminer le
d6versement, de modifier le mode de d6versement ou
le d6versement d'un polluant dans ou sur
Fenvironnement ou toute partie de Penvironnement.
Date A laqueRe [a ou les mesures doivent titre
prisesi:
a) La d6molition du bAtiment et le nettoyage de
lieu doivent titre compl&d&s, ou A laquelle les
plans et demande de permis pour les mesures
des reparations, doivent titre soumises, dans
les 90 jours qui suivent la signification de
Pavis de confonnit6.
b) Les reparations reli6cs aux mesures 'doivent
titre compl6t&es dans les 120 jours qui
suivent la signification de Pavis de
conformit6.
Date i laquelle un appel de Ilavis peut titre d6pos&
Dans les 14 jours qui suivent la notification de I'avis
de conformit6.
Processus d'appel : Le propri6taire peut dans les 14
jours qui suivent la notification de Pavis de
conformit6, envoy6 un avis d'appel par courrier
recommand6 an greffier communal de la municipalit6,
a The City of Saint John, Edifice de 1'h6tel de ville, 8`
6tage, 15 Market Square, Saint John, Nouveau-
Brunswick, E2L 4L1.
P6naliU possible Pour non-conformit6 dans le d6lai
prescrit2 : Le paragraphe 190.03(1) de la Lai sur les
rnunicipalites pr6voit quiconque omet de se conformer
aux exigences, formul6es dans un avis de conformit6
notifi6 aux tertnes de Particle 190,011 de ladite loi,
commet une infraction qui est punissable en vertu de
la Partie H de la Lot sur la procedure applicable aux
infractions provinciales a titre d'infraction de la classe
F.
Lorsqu'une infraction prdvue au paragraphe 190.03(1)
Se p0ursuit pendant plus d'une iourn6e, Famende
minimale qui peut titre impos6e est Vamende
minimale pr6vue par la Loi sur la proc6dure
applicable aux infractions provinciales pour une
infraction de la classe F multipli6e par le nombre de
jours pendant lesquels Finfraction se poursuit
conform6ment h I'alin6a 190.03(1.2)(b)(i).
Pouvo r de la municipality d'entreprendre les
reparations on de prendre les mesureS3 :
Confonn6ment aux alin6as 190.04(1)(a.1) et
190,040)(b) de la Lai sur les municipalWs, si un avis
de conformit6 a &6 signifi6 aux termes de Farticle
190.011 de ladite loi et, clue le propri6taire ou
Foccupant ne se conforme pas A cet avis de
conforrnit6 dans le ddlai imparti et tel qu'il est rout6
confirm6 ou tel qu'il est confinn6 ou modifi6 par un
comit6 du Conseil ou par un juge en vertu de Particle
190.021 de ladite loi, la municipality peut faire
nettoyer ou roarer les lieux de ce propri6taire ou de
cet occupant ou de faire roarer ou d6molir la
propri6t6 de ce propri6taire ou de cet occupant, et les
becomes a debt due to the municipality.
Dated at Saint John the 11
j_ day of October, 2013
Municipality: The City of Saint John
Signature of Municipal Officer:
Municipal Officer's Contact information:
Name: Christopher McKiel, MIT
Mailing address:
Buildings and Inspection Services Department
The City of Saint John
15 Market Square
City Hall Building, 10th Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4Ll
Telephone: (506) 658-2911
Telecopier: (506) 632-6199
Email: christopher,mckielCa
Seal of
frais relatifs A 1'ex6cution de ces travaux, y compris
toute relevance ou tout droit aff6rent, sont A la charge
du propri6taire ou de Poccupant et deviennent une
cr6ance de la municipality..
Fait A Saint John le octobre, 2013,
Municipality : The City of Saint John
Signature du repr6sentant municipal:
Coordonnies de la repr6sentante municipals :
Nom : Christopher McKiel, 1. S.
Adresse postale:
Ddpartement aux services d'inspection et des
bdtiments
The City of Saint John
15 Market Square
Edifice de Fh6tcl de ville, 10' dtage
Case postale 1971
Saint John (Nouveau-Brunswick)
E21, 4Ll
T616phone: (506) 658-2911
T616copieur: (506) 632-6199
Entjohn.ca Courriel: cluistopher.tnckiel@saintjohn.ca
Notes:
U,
1, All appropriate permits s tl s� e am
%bt ' ed 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.
W
Sceau de la municipalit6
Notes :
1. Taus les permis prescrits doivent titre obtenus et toute ]a
legislation pertinente dolt titre respect6c, pendant 1ex6cution de la
mesure de recours.
2. Le paiement de Farnende n'annule pas Pobligation de respecter
Varrftd, la norme ou Favis de conformitd.
3. Les coilts deviennent une dette envers la municipalit6 et peuvent
titre ajoWs A Favis d'dvaluation et d'imp6t foncier municipal et
provincial.
INSPECTION REPORT
Schedule "All
168 Main Street
Saint John, New Brunswick
PID# 378653
Inspection Date: September 20, 2013
Inspector: Christopher Mc 'el
= M 1,
I hereby certify : , -
document is a tnie u, i ,-
original.
Inspections of the Property noted that the building on the premise is vacant, fire damaged,
dilapidated and unsightly. The building is two storeys in height, is of wood framed
construction, and is rectangular with an ell at the rear (south). The building has been
vacant since at least November of 2012 when staff first began monitoring the building.
The building suffered damage as a result of four separate fires that occurred on January
11, February 13, March 7 and March 8, 2013. The premise contains a large amount of
ashes, junk, rubbish, and refuse as well as broken glass, scrap wood and other garbage
materials.
The building is a hazard to the safety Of the public by reason of being vacant or
unoccupied and by reason of dilapidation.
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 premise conditions
Subsection 190-01(1) 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
(a) any ashes, junk, rubbish or refuse.
(d) a dilapidated building.
1. There is a large pile of wood on the premise which contains sheets of plywood,
scrap wood and broken pieces of wood siding. There is also junk, rubbish and
refuse on the premise including broken glass, open garbage bags, charred wood,
ashes, broken doors, a broken fence, and a broken metal lawn chair. This
accumulation of junk, rubbish and refuse is unsightly,
2. The east side of the building contains a large fire damaged area with sections of
lath exposed and pieces of wood siding hanging from the building. There are
some windows, in the building that have been boarded up -using untreated
Plywood. Many other windows that have not been boarded up are now broken.
This dilapidated building is unsightly.
Vacant and Unoccupied Conditions
Subsection 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 reasua of being
vacant or unoccupied,
I
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 is currently vacant and has been since at least November of 2012
when staff first began monitoring the building. Staff has been informed that
the registered owner of the building passed away. Numerous written letters
have been sent to the next of kin on November 1, 2012, January 14, 2013,
February 14, 2013, and March 8, 20 13, requesting the removal and disposal of
all debris on the premise as well as the cleanup of all broken glass. These
requests have not been adhered to.
2. An interior inspection of the building was performed on June 7, 2013 and
found debris throughout the rooms, including mattresses, gyp rock, insulation,
broken glass, syringes, beer bottles, and other garbage materials. This debris
creates a tripping hazard to any person who should enter the building. The
syringes, which are scattered across the upper level floor, pose a health hazard
to any person who should come into contact with then-,.
3. There is a high risk of a fire event occurring at the premise due to both the
history of fires and because of the presence
building has already been the site of four deliberately set fires.
Property. This b of combustible materials on the
If another fire were to occur at the subject building there is a potential for the
fire to spread to the adjacent multi-family residential building which could
cause significant damage and would put the safety of its occupants at risk.
The building is located in a densely Populated area of the city with a high
volume of pedestrian traffic and is within walking distance of the C. E. Nick
Nicolle Community Centre, Main St. Baptist Church, Lome Middle School
and St. Peter's Roman Catholic Church.
4- The premise contains a large amount of kindling and wood material which
could be used as fuel to initiate a fire. There are also sheets of plywood
and
other scrap wood on the premise, some of which contain protruding nails.
These protruding nails pose a hazard to any person who might walk around
the side of the building.
5. There is a concern for firefighter safety, in the event of a fire. Since the
building is known to the public as vacant, it would be reasonable for
firefighters to enter it in the event of a fire to check for people inside. The
condition of the interior is largely unknown to firefighters, which poses a
hazard to their safety and others who may be inside in the event of a fire.
There are many large items scattered throughout the back room where the fire
took place which make it difficult to move around. These items include a
fridge, dryer, cardboard boxes, doors, windows and other debris. These items
act as a payload for a fire and would restrict the movement of firefighters in an
emergency situation. There is no railing or guards around the open stairwell
in the back section of the building. This poses a major hazard to firefighters
who may enter the building during limited visibility and could fall down the
open stairwell.
6. A building that has been left unsecured from Public entry could attract
vandalism, arson, mischief, or criminal activity and these activities could
devalue Properties in the area. This building has been the subject of arson and
criminal activity which poses a hazard to the safety of neighbourhood
residents.
2
65
Dilapidated Building Conditions
Subsection 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 building is a hazard to the safety of the public by reason of dilapidation for the
following reasons:
1. The building has suffered from fire damage on the rear, east side. As a result
of the recurring fires, a large portion of the Outer wall is missing leaving the
lath and plaster exposed to exterior conditions. These fires have caused
clearly visible damage to the structure. 'The openings are allowing elements to
penetrate the building and are contributing to the deterioration and weakening
of the structure. The internal inspection revealed that one section of the
ceiling clearly shows water damage.
2. There are multiple windows in the building that are either broken or open.
There is broken glass in the windows facing Main Street and broken glass
covering the front landing leading to the main entrance. There are also broken
windows on the east side of the building and broken glass on the ground. This
broken glass poses a hazard to anyone walking on the sidewalk, walking up to
the main entrance or walking around the side of the building. The broken
windows in the building are also allowing elements to enter the building
which only serves to accelerate the deterioration and weakening of the
structure.
3
66
Required Remedial Actions
The owner must comply with one of the two options stated below:
OPtion 1: Remedy the condition 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 John (the "Department") for review and approval.
The plan should include any necessary repairs and 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 any engineering 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
and all rubbish that may be considered hazardous 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:
L 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 the adjacent 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
67
Prepared by:
Christopher McKiel, MIT ate - ro
Technical Services Officer
Growth and Community Development services
Reviewed by:
6amela Bentley, P. Eng.
ja
r 2
Technical Services Engineer
Growth and Community Development Services
IF.-
—
]date
CAL �'? 2-0 13
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 4
Parcel Address:
Owner(s) or Occupier(s)-
Name:
Address:
Telephone:
Name:
Address:
Telephone:
AVIS D'APPEL
FORMULE I
(Loi sur les municipalitis, L.R.N.-B. de 1973,
ch. M-22, par. 1.90.021(1))
N' du dossier:
ENTRE
MM
This is Exhibit
Referred to in the, Affidavit Of
?
iU
I ty 01
Sworn efo,re nie at e e
Saint john, New 6runswick.
the —1 day of
rn j j's' s(i o'o n e / r"o'�
of baths
s
\A i�
� ftelant(s),
- et - V-N � 0�pA
V4'�goe'5
'PNO "SoAv-0
W O\ss\o 9'e3
co 'Ass �t'00 ,
114 e�k
THE SAINT JOHN,
11.11-91
Intim6e.
Num6ro d'identification de la parcelle : # NID
Adresse de la parcelle -
Propri6taire(s) ou occupant(s) :
12
Adresse :
T616phone:
Nom :
Adresse :
T616phone:
-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 briqfly):
Dated at the
2013,
L'appelant(s) susnomm6(s) Waccepte(nt) pas les
modalit6s ou les conditions qui y sont &nonc6s daps
Favis qui a 6td notifi6 aux termes de Particle 190.011 de
la Loi sur les municipalit6s et fait appel au. Comitj
d'oppel des propri6t6s infirieures aux normes de Saint
John.
Les motif-, d'appel de I'appelant(s) daps le pr6sent appel
sont les suivants (enoncer les motif dejaqon claire et
concise) :
day of Fait A
Signature of owner or occupier
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, 8"' Floor
P. 0. Box 1971
Saint John, New Brunswick
E2L 4LI
Telephone: 506-658-2862
Telecopier: 506-674-4214
Notes:
1. A notice that is not appealed within fourteen (14)
days after having been given the notice shall be
deemed to be confirmed.
N11
2013.
Signature du propri6taire ou l'occupant
L'appelant(s) a (ont) l'intention d'utiliser la langue
frangaise ou anglaise (Veuillez cocker la case
appropriee).
Veuillez faire parvenir votre Avis d'appel par courrier
recommand6 au secr6taire de The City of Saint John
dans les quatorze (14) jours qui suivent la notification
de Vavis et Vadresse suivante :
Bureau du greffier communal
15 Market Square, tdifice de I'h6tel de ville, 8' 6tage
Case postale 1.971
Saint John (Nouveau - Brunswick)
E2L 4LI
T616phone: 506-658-2862
T616copieur: 506-674-4214
Notes :
1. Un avis dont it West pas interjet6 appel duns les
quatorze (14) jours qui suivent la notification de I ' avis
est r6put6c confirm&.
-3-
2. On an appeal, the Saint John Substandard
Properties Appeal Committee shall hold a bearing
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 occupiers) 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.
71
2. Lors d'un appel, le ComW d'appel des propri& s
iqf�rieures aux normes de Saint John doit tea r, sur le
point en litige, une audience au tours de laquelle le(s)
propri6taire(s) ou Foccupant(s) qui interjette(nt) appel a
(ont) le droit d'6tre entendu(s) et peut(vent) se faire
repr&senter par un avocat.
3. Lors d'un appel, le ComMe d'appel des propri& s
inf6rieures aux normes de Saint John pent confin-ner,
modifier ou annuler Favis ou proroger le d6lai pour s'y
conformer.
4. Le Com,W d'appel des Propri6t6s it?fjrieures aux
normes de Saint John doit foumir une copie de sa
d6cision au(x) propri6taire(s) ou d Foccupant(s) des
lieux, du batiment ou de ]a construction qui lui a(ont)
interjet6 appel dans les quatorze (14) fours suivant la
date A laquelle it a rendu sa d6cision.
5. Le(s) propri6taire(s) ou l'oecupant(s) A qui une copie
d'une d6cision a 6t6 fournie par le ComW d'appel des
propri&es inf6rieures aux normes de Saint John
peut(vent), dans les quatorze (14) fours qui suivent,
interleter appel de la d6cision devant un juge de la Cour
du Banc de la Reine du Nouveau-Brunswick au motif
que (a) la d6marche A suivre en vertu de la Loi sur les
municipalit6s Wa pas &6 suivie, ou (b) la d6cision est
manifestement d6raisonnable.
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11 Jan 2014 1A8AM NBDS 506-452-1872 page 2
rMNow lkwuwick
Dental Society
c!"— oeiftire clu
N Sii ouveduAmnswicic
Common Clerk's Office
Atth. Jonathon Taylor
City Hall
P. 0. Box' 1971
Saint John, NO E21.4LI
Via fax: 5D6-674-4214
January 10, 2014
Dear Mr. Taylor,
520 rue King Street, HSBC Place #820
PO./C.P. Box 488, Station 'A"
Fredericton, N.B. E3B A29
Tel: (306)452- ,857:5 FAX: ( 6)452-1872
Re: PEtAKM-W9j3 to Saint John CK
Y Count ill mlftd tip fluoridation of mumicigal water gUR21les
Thank you for sending us a: copy of the December 23rd resolution by City council related to the NB
Dental Society being Invited to make a presentation on the topic of fluoride.
We have recently been made aware that Vibrant Communities Saint John has suggested that City Council
host a small roundtable of informed groups and key stakeholders to provide for an inforrined discussion'
on the issue of municipal water fluoridation. IIt is our understanding that such a roundtable would allow
all to learn from each other In a facilitated and professional manner. The roundtable participants would
include City Council members, along with representatives from Vibrant Communities Saint John, the
Chief Medical Officer of Health, Public Health and the NB Dental Society.
If this is the will of Council, NO Dental Society would certainly welc6me the opportunity to participate In
an exploration of the options with the ultimate goal being identification of the best option for the City of
Saint John which could then be recommended to City Council. it is our belief that such a format would
enable, council to ask questions and explore the issues in a more in-depth manner than a simple IS-
minute presentation from various Interest groups.
We hope this will be considered and look forward to meeting with Council to discuss the o I ptions further.
Thank you in advance for your consideration.
Sincerely,
Dr. Jeff Clark,
President, NODS
website. www.n4denfol,com 82 email: nbc6@h6.ai6n.com
IM�1111'
m „r2,Tllii9�gh.
January 20, 2014
Councillors,
Subject: Committee of the Whole: Saint John City Market Head Tower — Water
Damage, Closure, and Capital Renewal
The Committee of the Whole, having met on January 20, 2014, adopted the following resolution:
RESOLVED that Common Council adopt the following resolution:
1. That the City terminate the tenancies of Prude Inc., Seniors Citizens Services Inc. and the
Human Development Council in the City Market Head Tower, and that the Mayor and Clerk
be authorized to execute the necessary documents.
Sincerely,
Dr. Shelley Rinehart
DeputyMayor
( 9-04�--
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4LI I www.saintjohn.ca I C.f? 1971 Saint John, N. -B. Canada E2L 4LI
W
IM�1111'
m „r2,Tllii9�gh.
January 20, 2014
Councillors,
Subject: Committee of the Whole: Purchase of Griffin Lands in McAllister Industrial
Park (Councillor Fullerton)
The Committee of the Whole, having met on January 20, 2014, adopted the following resolution:
RESOLVED that Common Council adopt the following resolution:
That Council decide whether to purchase 25 acres of land in the McAllister Industrial Park from
Mr. and Mrs. Griffin; and further that the Common Clerk be directed to communicate Council's
decision on this matter to the Griffins.
Sincerely,
Dr. Shelley Rinehart
Deputy Mayor
( 9-04�--
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4LI I www.saintjohn.ca I C.f? 1971 Saint John, N. -B. Canada E2L 4LI
M