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2019-03-25_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, March 25, 2019 6:00 pm 8th Floor Common Council Chamber (Ludlow Room), City Hall 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 2. Approval of Minutes - March 11, 2019 6-18 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Saint John Parking Commission: Appointment of Richard Patterson Canadian 19-19 Corps of Commissionaires as a By -Law Enforcement Officer (Recommendation in Report) 5.2 Adoption of Updated Provisions Governing the Procedure and Operation of the 20-48 Saint John Substandard Properties Appeal Committee (Recommendation in Report) 5.3 Public Information Session: King Square South (Charlotte Street to Civic #12) & 49-53 Queen Square North (Charlotte Street to Sydney Street) (Recommendation: Receive for Information) 5.4 Public Information Session: Ellerdale Street (Valley Street to Margaret Street) - 54-56 200mm Water Main (Recommendation: Receive for Information) 5.5 2019 Engineering Inspection Services (Recommendation in Report) 57-59 5.6 Contract 2019-09: M -R -G Forcemain Renewal - Phase 1 (Recommendation in 60-62 Report) 6. 7. 8. 9. 10. 11. 12 Members Comments Proclamation 7.1 Purple Day - March 26, 2019 Delegations / Presentations 8.1 Saint John Arts Centre Mural Project 8.2 Discover Saint John - Sean Yoro Mural Project 8.2.1 Licence Agreement with Discover Saint John for Tidal Mural Public Hearings - No Hearings Scheduled Consideration of By-laws 10.1 Proposed Zoning ByLaw Amendment 348 Rockland Road and 21 Canon Street (3rd Reading) with Section 59 Conditions 10.2 Proposed Zoning ByLaw Amendment 97-99 Exmouth Street (3rd Reading) with Section 59 Conditions 10.3 Proposed Municipal Plan Amendment 179-185 Golden Grove Road (3rd Reading) 10.3.1 Proposed Zoning ByLaw Amendment 179-185 Golden Grove Road (3rd Reading) with Section 59 Conditions Submissions by Council Members 11.1 Queen Square West: Rain Garden Proposal (Councillor Reardon) Business Matters - Municipal Officers 12.1 Regional Ice Strategy Update - Staff Presentation 12.2 Budget Simulator - Public Engagement - Staff Presentation 12.3 Engineering Services - Musquash Water Pumping Station Upgrades 12.4 One Stop Development Shop Customer Service Enhancement - Staff Presentation 12.5 Winter Asphalt Maintenance -Staff Presentation 12.6 Demolition of vacant, dilapidated and dangerous buildings at 149 Broad Street 2 63-63 64-76 77-87 88-91 92-94 95-97 98-100 101 -105 106-110 111 -135 136-142 143-146 147-162 163-181 182-262 (PID 00000604) 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Saint John Police Force Tee Off for Mental Health - Sponsor Invitation Letter 16. Supplemental Agenda 17. Committee of the Whole 17.1 Canadian Tire Jumpstart Playground Gift 17.2 Easement Acquisition from Fundamental Baptist Church of Lancaster Civic # 1170 Sand Cove Road 17.3 Summer Arena Rental Agreement 17.4 Committee Appointment - Develop Saint John 17.5 Safe Clean Drinking Water Project - Global Settlement 18. Adjournment K3 263-266 267-268 269-272 273-280 281 -281 282-282 City of Saint John Common Council Meeting Monday, March 25, 2019 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une reunion 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 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:00 p.m., 8" Floor Boardroom, City Hall 1.1 Approval of Minutes 68(1) 1.2 Land Matter 68(1)(d) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) 1.5 Financial Matter 68(1)(c,f,j) 1.6 Nominating Committee 68(1)(b) 1.7 Financial Matter 68(1)(c) 1.8 Financial Matter 68(1)(c) 1.9 Financial Matter 68(1)(c) 1.10 Financial Matter 68(1)(c) Ville de Saint John Seance du conseil communal Lundi 25 mars 2019 18h Salle du conseil communal (salle Ludlow), an 8e etage de 1'h6tel de ville Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire l'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 16 h, Salle de conference, 8e etage, hotel de ville 1.1 Approbation du proces-verbal — paragraphe 68(1) 1.2 Question relative aux biens-fonds — alinea 68(1)d) 1.3 Question financiere — alinea 68(1)c) 1.4 Question financiere — alinea 68(1)c) 1.5 Question financiere — alineas 68(1)c), f) et j) 1.6 Comite des candidatures — alinea 68(1)b) 1.7 Question financiere — alinea 68(1)c) 1.8 Question financiere — alinea 68(1)c) 1.9 Question financiere — alinea 68(1)c) 1.1OQuestion financiere — alinea 68(1)c) Seance ordinaire 1. Ouverture de la seance 2. Approbation du proces-verbal 2.1 Proces-verbal du 11 mars 2019 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil K 5.1 Commission sur le stationnement de Saint John relativement a la nomination de Richard Patterson, membre du Corps canadien des commissaires, en tant qu'agent d'execution des arretes municipaux (recommandation figurant au rapport) 5.2 Adoption des dispositions mises a j our regissant la gouvernance des procedures et du mandat du Comite d'appel sur les residences non conformes aux normes de Saint John (recommandation figurant au rapport) 5.3 Seance informative publique : carre sud King (de la rue Charlotte au numero de voirie 12) et carre nord Queen (de la rue Charlotte a la rue Sydney) (recommandation : accepter a titre informatif) 5.4 Seance informative publique : Rue Ellerdale (de la rue Valley a la rue Margaret) — conduite principale d' eau de 200 mm (recommandation accepter a titre informatif) 5.5 Services d'inspection d'ingenierie 2019 (recommandation figurant au rapport) 5.6 Contrat 2019-09: Renouvellement de la conduite de refoulement M -R -G — Phase 1 (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journee pourpre — 26 mars 2019 8. Delegations et presentations 8.1 Centre des arts de Saint John — Proj et de murale 8.2 Decouvrez Saint John — Projet de murale de Sean Yoro 8.2.1 Contrat de licence avec Decouvrez Saint John pour la murale de marees 9. Audiences publiques — 18 h 30 10. Etude des arretes municipaux 10.1 Modification proposee a 1'Arrete de zonage concernant le 348, chemin Rockland et le 21, rue Canon (troisieme lecture) conformement aux conditions imposees par Particle 59 10.2 Modification proposee a 1'Arrete de zonage concernant le 97- 99, rue Exmouth (troisieme lecture) conformement aux conditions imposees par Particle 59 K3 10.3 Modification proposee au plan d'amenagement du 179- 185, Chemin Golden Grove (troisieme lecture) 10.3.1 Modification proposee a 1'Arrete de zonage concernant le 179- 185, Chemin Golden Grove (troisieme lecture) conformement aux conditions imposees par Particle 59 11. Interventions des membres du conseil 11.1 Carre ouest Queen : Proposition de j ardin pluvial (conseillere Reardon) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Mise a jour sur la strategie regionale relative aux patinoires — Presentation du personnel 12.2 Simulateur budgetaire — Mobilisation du public — Presentation du personnel 12.3 Services d'ingenierie — Mise a niveau du poste de pompage de 1'eau de Musquash 12.4 Amelioration du service a la clientele du Guichet unique pour 1'amenagement — Presentation du personnel 12.5 Entretien de la chaussee asphaltee en hiver — Presentation du personnel 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du Bureau 15. Correspondance generale 15.1 Tournoi de golf pour la sante mentale — Coup de depart par le Service de police de Saint John — Lettre d'invitation du commanditaire 16. Ordre du jour supplementaire 17. Comite plenier 17.1 Don d'un terrain de jeu de la Fondation Bon depart de Canadian Tire 17.2 Acquisition de servitude a la Fundamental Baptist Church de Lancaster Civic # 1170, chemin Sand Cove 17.3 Contrat de location de arene d'&6 17.4 Nomination de comite - Developper Saint John 17.5 Projet d'eau potable saine et salubre - Reglement global C! 18. Levee de la seance COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MARCH 11, 2019 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor Don Darling Deputy Mayor Shirley McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 2 Sean Casey Councillor Ward 2 John MacKenzie Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Absent: Councillor Ward 1 Blake Armstrong Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Collin Deputy City Manager N. Jacobsen City Solicitor J. Nugent Fire Chief K. Clifford Deputy Commissioner Growth and Community Development P. Ouellette Commissioner of Finance and Treasurer K. Fudge Commissioner of Transportation and Environment M. Hugenholtz Commissioner of Saint John Water B. McGovern Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1 C.1 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 1. Call to Order 2. Approval of Minutes 2.1 Minutes of February 25, 2019 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the minutes of the meeting of Common Council, held on February 25, 2019, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Deputy Mayor McAlary, seconded by Councillor Norton: RESOLVED that the agenda of this meeting be approved. MOTION CARRIED. 4. Disclosures of Conflict of Interest S. Consent Agenda 5.1 That the Communities in Bloom Letter re: 25th Edition of Communities in Bloom be referred to the City Manager. 5.2 That Saint John Board of Police Commissioners Letter re: Public Safety Committee/ Transportation and Environment Services be received for information. 5.3 That the Fundy Regional Service Commission — Request to Present "The Coastal Link Trail" be referred to the Clerk to Schedule 5.4 That as recommended by the City Manager in the submitted report M&C 2019- 45: Contract 2019-03: Metcalf Street (Main Street to Lansdowne Avenue) — Water Main, Sanitary and Storm Sewer Installation and Street Reconstruction, the contract be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $1,015,900.80 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.5 That as recommended by the City Manager in the submitted report M&C 2019- 42: Contract 2019-07: Chipman Hill (Union Street to King Street — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction, the contract be awarded to the low Tenderer, TerraEx Inc., at the tendered price of $968,581.75 (including HST) as INA r� COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.6 That as recommended by the City Manager in the submitted report M&C 2019- 44: Rockwood Golf Course Irrigation Pump Station Purchase, notwithstanding the City's Purchasing Policy, Common Council purchase (supply and install) from Irriplus Ltd. a replacement irrigation pump station for the Rockwood Park Golf Course as per the quote attached to M&C 2019-44. 5.7 That as recommended by the City Manager in the submitted report M&C 2019- 41: Spring 2019 Debenture Refinance Application, Common Council approve the following: RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements that the City of Saint John proposes issue of the following debentures to be dated on or after February 271h, 2019: REFINANCE DEBENTURES Debenture No. BA 9- 2009 (General Fund — 5 years) Debenture No. BA 10 -2009 (Water & Sewerage —10 years) Debenture No. BA 11 -2009 (Transit — 5 years) TOTAL $ 4,670,000 $ 750,000 $ 500,000 S5,920,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of five million, nine hundred and twenty thousand dollars ($5,920,000). 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debentures in the principal amount of five million, nine hundred and twenty thousand dollars, ($5,920,000) at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post-dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per 3 E:3 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 $100 of debenture, at interest rates not to exceed an average of 4.50% and a term not to exceed 5 years for the General Fund and Transit Commission and a term not to exceed 10 years for the Water and Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. 5.8 That the Discover Saint John — Request to Present re: Tidal Mural be referred to the Clerk to schedule. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Council members commented on various community events. 7. Proclamations 8. Delegations/Presentations 8.1 New Brunswick International Student Program Debbie Thomas, District Manager NB International Student Program showed a video entitled First Time created by Gary Jiang a Chinese International Student documenting his many positive experiences in Saint John. The program offers a diversity of student backgrounds and enhances global competencies. The program encourages the students to continue to live in Saint John and enroll in university and community college after high school. The program brings economic benefits to the province and the city. Moved by Deputy Mayor McAlary, seconded by Councillor Norton: RESOLVED that the New Brunswick International Student Program Presentation be received for information. MOTION CARRIED. 9. Public Hearings 6:30 PM 9.1 Proposed Zoning By -Law Amendment 97-99 Exmouth Street with Planning Advisory Committee report recommending Rezoning 4 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 9.1.1 Proposed Zoning BVLaw Amendment (1St and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 862 square metres, located at 97-99 Exmouth Street, also identified as PID Number 00015834 from Urban Centre Residential (RC) to General Commercial (CG) to permit the construction of a new medical clinic (family counseling), with no letters of objection or support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its February 20, 2019 meeting at which the Committee recommended the rezoning of a parcel of land located at 97-99 Exmouth Street as described above, with Section 59 conditions. The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re -zoning with no one presenting. Responding to a question, staff K. Melanson advised that the facility will be a city wide commercial operation referring health care calls. The location is unsettled in terms of land uses. Residential use remains possible for the area in the future. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 862 square metres, located at 97-99 Exmouth Street, also identified as PID Number 00015834 from Urban Centre Residential (RC) to General Commercial (CG), be read a first time. MOTION CARRIED with Councillor Reardon voting nay stating the area is intended to be residential and that the more commercial uses are introduced the less likely the area will develop into a residential neighbourhood. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 862 square metres, located at 97-99 Exmouth Street, also identified as PID Number 00015834 from Urban Centre Residential (RC) to General Commercial (CG), be read a second time. ito] COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 MOTION CARRIED with Councillor Reardon voting nay. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2 Proposed Zoning By -Amendment 348 Rockland Road and 21 Canon Street with Planning Advisory Committee report recommending Rezoning 9.2.1 Proposed Zoning ByLaw Amendment (1St and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning two parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street, also identified as PID Numbers 00025791 and 55086128 from Neighbourhood Community Facility (CFN) to General Commercial (CG), to permit the operation of a banquet hall and event venue, with no letters of objection or support received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its February 20, 2019 meeting at which the Committee recommended the rezoning of a parcel of land located 348 Rockland Road and 21 Canon Street as described above, with Section 59 conditions. The Mayor called for members of the public to speak against the re -zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re -zoning with Natasha Tobias presenting. Question: Councillor Reardon asked what is the difference between a Neighbourhood Community Facility (CFN) and a Community Center. The City Manager advised that a clarification on the classification will be provided. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning two parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street, also identified as PID Numbers 00025791 and 55086128 from Neighbourhood Community Facility (CFN) to General Commercial (CG), be read a first time. MOTION CARRIED. Cs1 11 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule A, the Zoning Map of The City of Saint John, by re -zoning two parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street, also identified as PID Numbers 00025791 and 55086128 from Neighbourhood Community Facility (CFN) to General Commercial (CG), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.3 Proposed Municipal Plan and Zoning By -Law Amendment 179-185 Golden Grove Road with Planning Advisory Committee report recommending Amendments 9.3.1 Proposed Municipal Plan Amendment (1St and 2nd Reading) 9.3.2 Proposed Zoning ByLaw Amendment (1St and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with respect to the proposed Municipal Plan and Zoning ByLaw Amendments for a parcel of land located at 179-185 Golden Grove Road having an area of approximately 0.55 hectares, also identified as being PID Numbers 55057848, 55057855 and 55201750, from Stable Area to Employment Area on Schedule A of the Municipal Development Plan; and redesignate, on Schedule B of the Plan, the same parcels of land, from Stable Residential to Stable Commercial; and by rezoning the same parcels of land from Two -Unit Residential (R2) to a special zone to permit a vehicle body and paint shop in addition to other commercial uses, with no letters of objections or support being received. Consideration was given to a report from the Planning Advisory Committee submitting a copy of Planning staff's report considered at its February 20, 2019 meeting at which the Committee recommended approval as set out in the staff recommendation, to re -zone a parcel of land located at 179-185 Golden Grove Road as described above with Section 59 conditions. The Mayor called for members of the public to speak against the amendments with no one presenting. The Mayor called for members of the public to speak in favour of the amendments with Scott Trites presenting. Moved by Councillor Merrithew, seconded by Councillor MacKenzie: 12 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 RESOLVED that the by-law entitled, "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 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Numbers 55057848, 55057855 and 55201750, from Stable Area to Employment Area classification; and amending Schedule B — Future Land Use, by redesignating the same parcel of land from Stable Residential to Stable Commercial classification, be read a first time. LTA [0000114L1:k]k]11191 Read a first time by title, the by-law entitled, "A Law to Amend the Municipal Plan By - Law". Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "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 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Numbers 55057848, 55057855 and 55201750, from Stable Area to Employment Area classification; and amending Schedule B — Future Land Use, by redesignating the same parcel of land from Stable Residential to Stable Commercial classification, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Municipal Plan By -Law". Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", adding Special Zone No.4 to the list of other zones in Section 2.2; adding Section 14.9 Special Zone No. 4 Permitted Uses; adding 14.9(2) Conditions of Use; adding 14.9(3) Zone Standards; and amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road„ also identified as being PID Numbers 55057848, 55057855 and 55201750, from Two -Unit Residential (R2) to Special Zone 4 (SZ4), be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: 8 13 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John", adding Special Zone No.4 to the list of other zones in Section 2.2; adding Section 14.9 Special Zone No. 4 Permitted Uses; adding 14.9(2) Conditions of Use; adding 14.9(3) Zone Standards; and amending Schedule "A", the Zoning Map of The City of Saint John, by re -zoning a parcel of land having an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road„ also identified as being PID Numbers 55057848, 55057855 and 55201750, from Two -Unit Residential (R2) to Special Zone 4 (SZ4), be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 10. Consideration of By-laws 10.1 Proposed Municipal Plan Amendment — 40 Mountain View Drive Moved by Councillor MacKenzie, seconded by Deputy Mayor McAlary: RESOLVED that the proposed Municipal Plan By -Law Amendment regarding 40 Mountain View Drive be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Monday, April 8, 2019 at 6:30pm in the Council Chamber. MOTION CARRIED. 10.2 By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John (3rd Reading) Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that a by-law entitled, "A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John", be read. MOTION CARRIED. In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John", instead of being read in its entirety was read in summary as follows: "The Local Governance Act ("LGA") which repealed and replaced the Municipalities Act does not stipulate the process to be followed prior to a Council closing a public street. The LGA simply enables a council to adopt a by-law respecting: "(p) subject to the Highway Act, (ii) the temporary and permanent opening and closing of roads, streets, and highways, ....". D] 14 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 The proposed by-law assures from a legal perspective the legitimacy and effectiveness of any Council decision to close a public street or portion thereof." Moved by Deputy Mayor McAlary, seconded by Councillor Mackenzie: RESOLVED that a by-law entitled, "A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John", be read a third time, enacted, and the Corporate Common Seal affixed thereto. LTA IQI[Q0114Y1:l11; 191 Read a third time by title, the by-law entitled, "A By -Law Respecting the Closing of Roads, Streets or Highways in The City of Saint John." 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Demolition of Vacant, Dilapidated and Dangerous Building at 78-80 Victoria Street (PID 376459) Deputy Commissioner Ouellette introduced the work of the Growth and Community Development Services team and summarized the statistics over the past year: • 83 cases of vacant, dilapidated and dangerous buildings in the program • 33 demolitions • 50 repairs Rachel Van Wart advised Council on the file and presented photos of the building condition. The Mayor read the cautionary statement as follows: "The information which has been provided in the Council Kit includes the report of the Building Inspector stating that the building located at 78-80 Victoria Street (PID 376459) is a hazard to the safety of the public by virtue of its being, amongst other things, dilapidated or structurally unsound. Is there present an owner, including anyone holding any encumbrance upon this property, who wishes to present evidence to the contrary, i.e. that the building is structurally sound and not dilapidated?" No one came forward to present evidence that the building is structurally sound and not dilapidated. Moved by Councillor MacKenzie, seconded by Deputy Mayor McAlary: 10 15 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-48: Demolition of Vacant, Dilapidated and Dangerous Building at 78-80 Victoria Street (PID 376459), Common Council approve the following: RESOLVED that the building located at 78-80 Victoria Street (PID 376459), is to be demolished as it has become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED, that said building is to be demolished as it has become a hazard to the safety of the public by reason of unsoundness of structural strength; and BE IT FURTHER RESOLVED, that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. IL [0000114L1:k]k]11191 12.2 Response to Yacht Haven Lane Residents Presentation Referring to the submitted report entitled Response to Yacht Haven Lane Residents Presentation, Commissioner Hugenholtz noted that the residents of Yacht Haven Lane presented to Council in December and requested that the private street be made a public street. The Commissioner addressed service implications both direct and indirect. The City's additional service obligations would include annual $3500 snow removal, and equivalent amount for sidewalk and road maintenance, long term infrastructure requirements, renewal of underground infrastructure and street and sidewalk infrastructure. More challenging are the potential indirect implications as there are a number of private streets within the City that currently do not receive service, approximately 75 lane kilometers. The entirety of the service implications if the City takes this on is estimated annually at $375,000 winter maintenance plus approximately $700,000+ summer maintenance. Deputy Commissioner Ouellette stated that at the time Yacht Haven Road was developed, the residents wanted more property space and that is one of the reasons Yacht Haven Lane was developed only one lane in width. The presenters / citizens in December requested that the City take over ownership of the lane. There are a number of stakeholders involved, including the developer and residents. Yacht Haven Lane is owned by trustees, the Moorings of Millidgeville. 11 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 Responding to a question, "could the city just plow the lane as a private revenue stream", the City Manager responded the City could review the matter but normally would not offer a competitive service to the public that is offered by private business. Responding to a question on solid waste collection, the Commissioner commented several factors are considered. Solid Waste collection is done at the doorstep at Yacht Haven Lane. Moved by Councillor Reardon, seconded by Councillor Sullivan: RESOLVED that the submitted report M&C 2019-35: Response to Yacht Haven Lane Residents Presentation, be received for information. LTA 100000114Y1:k]k]11191 12.3 Provincial Request for Deer Nuisance Program Moved by Councillor MacKenzie, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-37: Provincial Request for Deer Nuisance Program, Common Council endorse a request to the provincial Minister of Energy and Resource Development that the Nuisance Deer Management Assistance Program be implemented within the territorial boundaries of The City of Saint John, and further that the Common Clerk be directed to provide the Minister with a copy of this resolution. MOTION CARRIED. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 The Vimy Foundation —Consideration of a First World War Gift Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that The Vimy Foundation — Consideration of a First World War Gift be referred to the Community Grants Committee for consideration in 2020. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 12 17 COMMON COUNCIL / CONSEIL COMMUNAL March 11, 2019 / le 11 mars 2019 18. Adjournment Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the meeting of Common Council held on March 11, 2019, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 7:57 p.m. 13 iF:1 Saint John Parking Commission Commission sur le stationnement de Saint John March 11, 2019 Jonathan Taylor Common Clerk City of Saint John 8th Floor, City Hall Saint John, NB Dear Mr. Taylor, SAINT JOHN TRANSIT & RE: Appointment of Richard Patterson, Badge No. 9965 Canadian Corps of Commissionaires as a By -Law Enforcement Officer We are requesting that the following resolution be presented to Common Council for approval: "Resolved that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By -Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By -Law and the provisions of Section 5, Section 5.1, Section 7, Section 8, Section 15 and Section 16 of the Saint John Traffic By -Law, namely: Richard Patterson, Badge No. 9965. And further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council, whichever comes first." Yours truly, Marc Dionne Director of Operations Saint John Parking Commission /KM 11th Floor, City Hall, P.O. Box 1971, Saint John, N.B. EA 40 -Tel: (506) 632-7275 - E -malt: parking@saintjohn.ca 11 it -me Etage, H6tel de Ville, C.P. 1971, Saint John, NA. E21L 41-1 •Tell: (506) 632-7275 • Courriel: parking@saintjohn.ca www.saintjohn.ca/parking 19 1 41 COUNCIL REPORT M&C No. 2019-30 Report Date March 11, 2019 Meeting Date March 25, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Adoption of updated Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Christopher McKiel J Hamilton / A Poffenroth m I John Collin RECOMMENDATION Your City Manager recommends that Common Council adopt the updated Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee as submitted. EXECUTIVE SUMMARY The purpose of this report is to adopt the updated Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee so that they may be put into practice. The amendments reflect recent changes in the Local Governance Act, the Saint John Minimum Property Standards By-law and the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law and are necessary to meet legislative requirements under the Local Governance Act. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT This report aligns with Council's Vibrant, Safe City priority. REPORT K91 -2 - The Saint John Substandard Properties Appeal Committee ("the Appeal Committee") is a committee of Council required by the Local Governance Act in order to assist with the administration of Part 13 of the Act, the Saint John Minimum Property Standards By -Law and the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law. The Appeal Committee hears appeals from owners or occupiers of premises, buildings or structures who have been given a Notice to Comply or an Order to Comply and are not satisfied with the terms and conditions set out in the Notice or Order. The Appeal Committee may confirm, modify or rescind the Notice or Order. The decisions of the Appeal Committee are binding on the City. The Appeal Committee consists of a group of three practicing lawyers who have been in active legal practice for at least five years. For the purpose of hearing an appeal, at least one committee member is required to be present to constitute a quorum. The appeal committee would typically hear one to two appeals on average per year. The purpose of this report is to adopt the updated Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee so that they may be put into practice. The amendments reflect recent changes in the Local Governance Act, the Saint John Minimum Property Standards By-law and the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law and are necessary to meet legislative requirements under the Local Governance Act. SERVICE AND FINANCIAL OUTCOMES The Saint John Substandard Properties Appeals Committee provides a fair and impartial avenue to have concerns heard once a property owner has been issued a Notice to Comply or an Order to Comply. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff of Growth and Community Development Services and the Legal Department jointly drafted the revised Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee. ATTACHMENTS Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee Reglement interieur du Comite des appels sur les residences non conformes aux normes de Saint John 21 Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee Current to: February 5, 2019 WA -2 - RECITALS WHEREAS, paragraph 10(1)(d) of the Local Governance Act, S.N.B. 2017, c. 18, provides that a local government may make by-laws for municipal purposes respecting dangerous or unsightly premises and property; AND WHEREAS, subsection 7(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law provides that if a condition referred to in subsection 6(1), (2) or (3) exists, a by-law enforcement officer may notify the owner or occupier of the premises, building or other structure; AND WHEREAS, subsection 9(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law provides that an owner or occupier of premises or a building or other structure who has been given a notice under section 7, other than a notice prepared and signed under subsection 14(1), and who is not satisfied with the terms or conditions set out in the notice may appeal to the appropriate committee of Common Council by sending a notice of appeal by registered mail to the clerk of the City within 14 days after having been given the notice; AND WHEREAS, paragraph 10(1)(e) of the Local Governance Act, S.N.B. 2017, c. 18, provides that a local government may make by-laws for municipal purposes respecting the maintenance and occupancy standards for buildings and premises; AND WHEREAS, subsection 25(1) of the Saint John Minimum Property Standards By -Law provides that where the condition of the premises, dwelling, dwelling unit or structure does not comply with this by-law, a by-law enforcement officer may notify the owner or occupier of the premises, dwelling, dwelling unit or structure by issuing an Order; AND WHEREAS, subsection 27(1) of the Saint John Minimum Property Standards By -Law provides that an owner or occupier of the premises, dwelling, dwelling unit or structure who has been given an Order under subsection 25(2) and who is not satisfied with the terms or conditions set out in the Order may appeal to the appropriate committee of Common Council by sending a notice of appeal by registered mail to the clerk of the City within 14 days after having been given the Order. NOW THEREFORE BE IT RESOLVED that the Saint John Substandard Properties Appeal Committee is hereby created; AND BE IT FURTHER RESOLVED that the Provisions herein shall apply to the order and dispatch of business of the Saint John Substandard Properties Appeal Committee. W -3- A. Definitions 1. Wherever a word is used in these Provisions with its first letter capitalized, the term is being used as it is defined in this Section A. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. "Appeal Committee" means the Saint John Substandard Properties Appeal Committee. "Architect" means a professional architect registered in the Province of New Brunswick. "By-law Enforcement Officer" means a by-law enforcement officer, inspection officer or standards officer appointed under the Saint John Unsightly Premises and Dangerous Buildings or Structures By-law or the Saint John Minimum Property Standards By-law and designated by resolution of Common Council. "Business Day" means a day other than a Saturday, Sunday or statutory holiday in the Province of New Brunswick. "Business Hours" means 8:30 a.m. to 4:30 p.m. of any Business Day. "Chairperson" means the Chairperson of the Appeal Committee. "Common Clerk" means the Common Clerk of the City of Saint John or the Assistant Common Clerk. "Common Council" means the elected municipal council of the City of Saint John. "Engineer" means a professional engineer or a consulting engineering firm who is currently licensed to practice within the Province of New Brunswick to carry out engineering services. "Notice" means a Notice to Comply issued under section 7 of the Saint John Unsightly Premises and Dangerous Buildings and Structures By - Law. "Notice of Appeal" means a Notice of Appeal in the form prescribed in Schedule "A" of these Provisions. "Official Languages" means the two official languages of New Brunswick within the meaning of the Official Languages Act, S.N.B. 2002, c. 0-0.5, and amendments thereto. 0z! M "Order" means an Order to Comply issued under section 25 of the Saint John Minimum Property Standards By-law. "Property" means the property for which a Notice of Appeal has been sent to and received by the Common Clerk. "Vice -Chairperson" means a Vice -Chairperson of the Appeal Committee. B. Interpretation 1. Headings: The captions, article and section names and numbers appearing in these Provisions are for convenience of reference only and have no effect on its interpretation. 2. Gender, Number: These Provisions are to be read with all changes of gender or number required by the context. 3. Legislation References: Each reference to legislation in these Provisions is printed in Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation and regulations. Where these Provisions reference other by-laws of the City of Saint John, the term is intended to include all applicable amendments to that by-law, including successor by-laws. 4. Severability: If any section, clause or provision of these Provisions, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the Provisions as a whole, nor any other part of it. C. Composition of the Saint John Substandard Properties Appeal Committee and Vacancies 1. There shall be an Appeal Committee composed of three members being one Chairperson and two Vice -Chairpersons. 2. All Appeal Committee members shall be: (a) members in good standing of the Law Society of New Brunswick; and (b) have been in active legal practice for at least five years. 3. At least one Appeal Committee member shall be fluent in both Official Languages. OR -5- 4. Common Council shall appoint all members who serve on the Appeal Committee. 5. Should a member of the Appeal Committee die, resign, become ineligible to be a member or be removed from office, Common Council shall, as soon as reasonably possible, appoint another person to replace such member, and such newly appointed member shall hold office for the remainder of the term of the member he replaces. D. Terms of Office 1. Common Council shall determine the length of time that a member will be appointed to the Appeal Committee. 2. The Chairperson shall be appointed by Common Council for a term determined by Common Council, or until he ceases to be a member of the Appeal Committee, whichever comes first. 3. Vice -Chairpersons shall be appointed by Common Council for a term determined by Common Council, or until he ceases to be a member of the Appeal Committee, whichever comes first. 4. Should a hearing of appeal be scheduled for multiple days or should an appeal regarding the same or common premises, structure, or building be heard in succession, Common Council can extend a term of a member of the Appeal Committee who has heard some or all of the appeal or appeals until all hearings have been completed and decisions rendered. This will occur on a case by case basis. E. Duties of ChairpersonNice-Chairperson 1. The Chairperson shall determine the time, date and place of hearings of the Appeal Committee. 2. A Vice -Chairperson is authorized to act as Chairperson in the event of the Chairperson's absence or his inability to act, or in the case of a vacancy in the chairmanship and, when so authorized, the Vice -Chairperson shall have all the powers and duties of the Chairperson. 3. All references in the Provisions Governing the Procedure and Operation of the Saint John Substandard Properties Appeal Committee referring to Chairperson shall include Vice -Chairperson when a Vice -Chairperson is authorized to act as the Chairperson. F. Revocation of Appointment 41.1 1. Any appointment to the Appeal Committee may be revoked by Common Council at any time. 2. A member may resign at any time by submitting his resignation in writing to Common Council. 3. In the event that the membership of the Appeal Committee is increased, Common Council shall appoint such additional member(s) and amend the Provisions Governing the Procedure and Operation of the Appeal Committee accordingly. 4. In the event that the membership of the Appeal Committee is decreased, Common Council shall remove the necessary number of member(s) and amend the Provisions Governing the Procedure and Operation of the Appeal Committee accordingly. G. Rules of Procedure 1. After receipt of a Notice of Appeal as required under subsection 9(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law or subsection 27(1) of the Saint John Minimum Property Standards By -Law, the Common Clerk shall: (a) obtain from the Growth and Community Development Services Department a copy of the Notice or Order to which the Notice of Appeal relates; (b) promptly notify the Chairperson of the Appeal Committee; (c) enface the original copy of the Notice of Appeal and all documents submitted by the Appellant with the date upon which it was received; (d) assign and enface the Notice of Appeal and all documents submitted by the Appellant with a file number; (e) retain and file the original Notice of Appeal and all documents submitted by the Appellant; (f) forward a copy of the Notice of Appeal and all documents submitted by the Appellant, including the Notice or Order, to the Chairperson of the Appeal Committee; (g) forward a copy of the Notice of Appeal and all documents submitted by the Appellant to a By-law Enforcement Officer; and AXI -7- (h) attempt to ascertain the Appellant's Official Language of choice. 2. The Appeal Committee shall hold a hearing during normal Business Hours within sixty calendar days after being advised by the Common Clerk that a Notice of Appeal has been sent to, and received by the Common Clerk, in accordance with subsection 9(3) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law or subsection 27(3) of the Saint John Minimum Property Standards, with respect to: (a) premises which are allegedly unsightly; (b) buildings or structures which have allegedly become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength; or (c) premises, dwellings, dwelling units or structures that allegedly do not meet the minimum property standards set out in the Saint John Minimum Property Standards By-law or the Residential Properties Maintenance and Occupancy Code which was adopted and incorporated by reference in said by-law. 3. The Common Clerk shall, at least ten calendar days before a scheduled hearing: (a) Advise a By-law Enforcement Officer of the date, time and place of the hearing. (b) Notify the Appellant of the date, time and place of the hearing by causing the original or copy thereof of the Notice of Hearing to be given: (i) if the Appellant is an individual, by personal service on the individual or by posting the Notice of Hearing in a conspicuous place on the premises, building or structure; (ii) if the Appellant is a corporation, by personal service on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the Notice of Hearing in a conspicuous place on the premises, building or structure; or (iii) if the Appellant is represented by counsel and his counsel is authorized to accept service, by service on his counsel. K-11 4. Prior to hearing the submissions of the parties, the Chairperson shall ask the Appellant: (a) to review the Notice or Order received from the Common Clerk; and (b) confirm that the Notice or Order received from the Common Clerk is the Notice or Order that the Appellant is appealing. 5. The following order shall be followed by the Appeal Committee when hearing any representations and evidence: (a) First, hear the representations and evidence presented by the Appellant in support of his Notice of Appeal. (b) Second, hear the representations and evidence from the By-law Enforcement Officer in support of the Notice or Order. (c) Third, offer the Appellant a chance to rebut the representations of and evidence from the By-law Enforcement Officer. 6. Should the Appellant wish to abandon his appeal, he shall file with the Common Clerk a Notice of Abandonment or provide written confirmation to the Common Clerk stating that he abandons his appeal. 7. A Notice of Appeal is deemed to have been abandoned when the Appellant or his counsel does not appear at the time, place and date set out in the Notice of Hearing. H. Duties and Powers 1. The hearing of an appeal shall be heard by one member of the Appeal Committee, selected by the Chairperson, who shall have all the powers and duties of the Chairperson in regards to said appeal. 2. A quorum of the Appeal Committee shall consist of one member. 3. The Appeal Committee shall, when making its decision in an appeal involving premises which are allegedly unsightly, give due consideration to the following: (a) whether the items involved are enumerated in subsection 6(1) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law; (b) the location from which the items involved are visible; We%] (c) the location and use of the Property; (d) any representations and evidence presented in support of the Notice that is being appealed; and (e) any representations and evidence presented by the Appellant or his counsel. 4. The Appeal Committee shall, when making its decision in an appeal involving buildings or structures which have allegedly become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, give due consideration to the following: (a) section 13 of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, which provides that a report from an Architect, an Engineer, a Building Inspector or the Fire Marshall stating that a building or structure is dilapidated or structurally unsound is proof in the absence of evidence to the contrary that a building or structure is dilapidated or structurally unsound; (b) any representations and evidence presented in support of the Notice that is being appealed; and (c) any representations and evidence presented by the Appellant or his counsel. 5. The Appeal Committee shall, when making its decision in an appeal involving premises, dwellings, dwelling units or structures which allegedly do not meet minimum property standards, give due consideration to the following: (a) the provisions of the Saint John Minimum Property Standards By- law and the Residential Properties Maintenance and Occupancy Code which was adopted and incorporated by reference in said by- law; (b) any representations and evidence presented in support of the Order that is being appealed; and (c) any representations and evidence presented by the Appellant or his counsel. 091 -10- 6. If the Appellant abandons his appeal or if neither the Appellant nor his counsel appears at the date, time and place fixed for hearing of the appeal or at a rescheduled date, the Appeal Committee shall: (a) upon proof of service of the Notice of Hearing on the Appellant or his counsel, or upon proof that the Notice of Hearing was posted in a conspicuous place on the premises, building or structure in relation to the proceedings, carry out the following: (i) return the Notice of Appeal and all documents submitted by the Appellant to the address shown on the Notice of Appeal; and (ii) notify the Appellant in writing at the address shown on his Notice of Appeal of the decision of the Appeal Committee. L Hearings to be Public 1. All hearings before the Appeal Committee shall be open to the public. J. Language of Proceedings 1. Prior to the commencement of an appeal hearing, the Chairperson shall confirm the Appellant's choice of Official Language for the hearing. 2. The "language of the Appellant" for the purposes of the appeal hearing, is the Official Language chosen by the Appellant. It does not have to be the Appellant's dominant language. 3. Where the Appellant does not indicate to the Chairperson his language of choice, the Appellant shall be deemed to have chosen the Official Language chosen by the Chairperson and the Chairperson shall ask if the Appellant objects to the hearing being conducted in that language. 4. Simultaneous interpretation shall be made available in circumstances where the language of the Appellant differs from the Official Language with which the members of the Appeal Committee are familiar. K. Right to Counsel 1. A person who brings an appeal shall be heard by the Appeal Committee and may be represented by counsel. L. Records of the Proceedings 31 -11- 1. The Appeal Committee shall keep records of its proceedings and shall use audio recording technology to record its appeal hearings. 2. The audio recording of a hearing may be destroyed one (1) calendar year after the hearing of the appeal if the Appellant did not exercise his right under subsection 9(8) of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law to appeal the Appeal Committee's decision to The Court of Queen's Bench of New Brunswick. M. Decisions 1. The Appeal Committee shall provide a copy of its decision to the Appellant within fourteen (14) days after making its decision. The decision may confirm, modify or rescind the Notice or Order, or extend the time for complying with the Notice or Order. 2. The Appeal Committee's decision shall be dated and such date shall be the date of the decision. 3. All decisions of the Appeal Committee shall be written by the Appeal Committee member who acted as the Chairperson. N. Conflict of Interest 1. Any member must excuse himself from participating in a hearing in circumstances where he has a conflict of interest. O. Remuneration and Expenses 1. Members of the Appeal Committee will be remunerated as follows: (a) $600.00 per day of hearing. 2. Members of the Appeal Committee will be reimbursed for necessary expenses, reasonably and actually incurred by virtue of their participation in an Appeal Committee hearing. P. Funding 1. The City of Saint John shall provide funding for the Appeal Committee's activities through its normal budgeting procedure. 2. The City of Saint John shall provide the following to the Appeal Committee: (a) a venue where the hearings shall take place; WA -12- (b) audio recording equipment which is sufficient to record the hearing; (c) secretarial services, as required; (d) official stationery, as required; and (e) such other incidental services or resources that are necessary for the proper functioning of the Appeal Committee. Q. Office of the Appeal Committee 1. The address of the Appeal Committee shall be as follows: Saint John Substandard Properties Appeal Committee c/o The City of Saint John Common Clerk Stn Floor, City Hall Building P. O. Box 1971 Saint John, New Brunswick EM 4L 1 R. Matters Not Provided For 1. Any matter of procedure or practice not expressly provided for in the Provisions Governing the Procedure and Operation of the Appeal Committee shall be left to the members of the Appeal Committee to decide. 091 -13 - Reglement interieur du Comite des appels sur les residences non conformes aux normes de Saint John En date du : 5 fevrier 2019 -14- PREAMBULE : ATTENDU QUE, le paragraphe 10(1)(d) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, prevoit que les gouvernements locaux peuvent, relativement a quelque fin municipale que ce soit, prendre des arretes concernant les lieux et les biens dangereux ou inesthetiques ; et ATTENDU QUE, le paragraphe 7(1) de 1'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John prevoit que lorsqu'existe une des situations mentionnees aux paragraphes 6(1), (2) ou (3), un AGENT CHARGE DE L'EXPCUTION DES ARRETES peut aviser le proprietaire ou 1'occupant des lieux ou du bdtiment ou d'une autre construction; et ATTENDU QUE, le paragraphe 9(1) de 1'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John prevoit que le proprietaire ou 1'occupant des lieux, du bdtiment ou d'une autre construction a qui a ete donne 1'AVIS tel que le prevoit Particle 7, exception faite de 1'AVIS ecrit et signe en vertu du paragraphe 14(1), et qui n'accepte ni les modalites ni les conditions y enoncees peut interjeter appel au comite du CONSEIL COMMUNAL competent en envoyant un AVIS D'APPEL par courrier recommande au secretaire de la municipalite dans les quatorze jours qui suivent la notification de 1'AVIS; et ATTENDU QUE, 1'alinea 10(1)e) de la Loi sur la gouvernance locale, L.N.-B. 2017, ch. 18, prevoit que les gouvernements locaux peuvent, relativement a quelque fin municipale que ce soit, prendre des arretes concernant les normes d' entretien et d'occupation des bdtiments et des locaux; et ATTENDU QUE, le paragraphe 25(1) de 1'Arrete concernant les normes minimales regissant les residences de Saint John prevoit que lorsque 1' etat des lieux, de 1'habitation, du logement ou de la construction ne se conforme pas a cet arrete, un AGENT CHARGE DE L'EXPCUTION DES ARRETES peut aviser le proprietaire ou 1'occupant des lieux, de 1'habitation, du logement ou de la construction en delivrant une ORDONNANCE; et ATTENDU QUE, le paragraphe 27(1) de 1'Arrete concernant les normes minimales regissant les residences de Saint John prevoit que le proprietaire ou 1'occupant des lieux, de 1'habitation, du logement ou de la construction a qui une ORDONNANCE a ete notifiee aux termes du paragraphe 25(2) et qui n'accepte pas les modalites ou les conditions qui y sont enoncees peut inter] eter appel devant le comite du CONSEIL COMMUNAL competent en envoyant un AVIS D'APPEL par courrier recommande au secretaire de la municipalite dans les quatorze j ours qui suivent la notification de 1' ORDONNANCE. A CES CAUSES: W -15 - Est cree le Comite des appels sur les residences non conformes aux normes de Saint John. Le present r6glement interieur regit le deroulement des travaux du Comite des appels sur les residences non conformes aux normes de Saint John. A. Definitions 1. Les mots ecrits en petites capitales dans le present document sont employes au sens des definitions qui suivent, sinon les mots ont le sens ordinaire en fran�ais. ARCIIITECTE » Architecte professionnel autorise a exercer au Nouveau - Brunswick. AGENT CHARGt DE L'EACUTION DES ARRETES » Un AGENT CHARGE DE L'EXECUTION DES ARRETES, un agent des inspections ou agent des normes nomme conformement a 1'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John, et designe par resolution du CONSEIL COMMUNAL. o Avis >> Avis de conformite emis en vertu de Particle 7 de 1'Arrete relatif aux heux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John. AVIS D'APPEL» Avis d'appel selon la forme prescrite a 1'annexe « A» de ce document. COMIA D'APPEL » Le Comite des appels sur les residences non conformes aux normes de Saint John. CONSEIL COMMUNAL » Le conseil elu de la municipalite. GREFFIER COMMUNAL » Le GREFFIER COMMUNAL ou le greffier communal adjoint de la municipalite. HEURES D'OUVERTURE » Entre 8 h 30 et 16 h 30 d'un JOUR OUVRABLE. INGtNIEUR » Ingenieur ou cabinet de conseil en ingenierie qui est autorise a exercer la profession d'ingenieur au Nouveau -Brunswick. JOUR OUVRABLE » Toute j ournee autre que le samedi, le dimanche ou un jour ferie au Nouveau -Brunswick. 01.1 -16- LANGUES OFFICIELLES » Les deux langues officielles du Nouveau - Brunswick au sens de la Loi sur les langues officielles, L.N.-B. 2002, ch. 0-0.5, ensemble ses modifications. ORDONNANCE » ORDONNANCE de conformite emise en vertu de 1' article 25 de 1'Arrete concernant les normes minimales regissant les residences de Saint John. PRESIDENT » Le president du COMITE D'APPEL. RESIDENCE » Residence au suj et de laquelle un AVIS D'APPEL a ete communique au GREFFIER COMMUNAL. VICE-PRESIDENT » Un vice-president du COMITE D'APPEL. B. Interpretation 1. Intertitres : Les en-tetes, les intertitres et la numerotation du present document sont donnes pour la commodite du lecteur uniquement et n' ont aucune incidence sur l'interpretation du document. 2. Genre et nombre : Le pluriel et le singulier s' appliquent indifferemment a l'unite et a la pluralite, et le masculin et le feminin s'appliquent indifferemment, suivant le contexte, aux personnes physiques de l'un ou l'autre sexe ou aux personnes morales. 3. Sources legislatives : Toute source legislative apparait en italique dans le present document. Dans chaque cas, la source vise egalement toutes les modifications apportees a la loi, y compris les lois de remplacement, ainsi que les r6glements d' application. Dans le cas de references a d' autres arretes de la municipalite, la source vise egalement leurs modifications, y compris les arretes de remplacement. 4. Divisibilite : Le fait pour un tribunal judiciaire ou administratif competent de declarer nul un article, une clause ou une disposition du present document n' a aucune incidence sur la validite de tout ou partie du document. C. Composition du Comite des appels sur les residences non conformes aux normes de Saint John et remplacements 1. Le COMITE D'APPEL est compose de trois membres, savoir le PRESIDENT et deux VICE-PRESIDENTS. 2. Tous les membres du COMITE D'APPEL doivent posseder les qualifications suivantes : Kul -17- a) etre membre en regle du Barreau du Nouveau -Brunswick; et b) avoir exerce activement le droit pendant au moins cinq ans. 3. En outre, au moins un membre du COMITE D'APPEL doit maitriser les deux LANGUES OFFICIELLES. 4. Le CONSEIL COMMUNAL nomme tous les membres qui siegent au COMITE D'APPEL. 5. Le CONSEIL COMMUNAL procede diligemment au remplacement, pour le reste de son mandat, de tout membre du COMITE D'APPEL qui decede, demissionne, n'a plus les qualifications requises ou est destitue. D. Duree des mandats 1. Le CONSEIL COMMUNAL fixe la duree du mandat de chaque membre du COMITE D'APPEL. 2. Le PRESIDENT demeure en fonction pendant la duree qu' a fixee le CONSEIL COMMUNAL,, aussi longtemps qu'il reste membre du COMITE D'APPEL. 3. Les VICE-PRESIDENTS demeurent en fonction pendant la duree qu'a fixee le CONSEIL COMMUNAL, aussi longtemps qu'ils restent membres du COMITE D'APPEL. 4. Dans le cas ou 1' audition d'un appel doit s' etendre sur plusieurs j ours ou que des appels concernant des lieux, une construction ou un batiment identiques ou communs doivent etre entendus successivement, le CONSEIL COMMUNAL, peut, en procedant au cas par cas, prolonger la duree du mandat d'un membre du COMITE D'APPEL qui a entendu tout ou partie de l'appel ou des appels jusqu'a la fin des audiences et du prononce des decisions. E. Fonctions du president et du vice-president 1. Le PRESIDENT fixe les date, heure et lieu des audiences du COMITE D'APPEL. 2. En cas d'absence ou d'empechement du PRESIDENT ou de vacance a la presidence, un VICE-PRESIDENT peut assumer la presidence et exercer toutes les attributions de la charge. 3. Toute reference au PRESIDENT dans le present document s' applique egalement au VICE-PRESIDENT autorise a assumer la presidence. 011 F. Revocations 1. Toute nomination au COMITE D'APPEL est revocable au gre du CONSEIL COMMUNAL. 2. Un membre peut demissionner en presentant sa demission par ecrit au CONSEIL COMMUNAL. 3. S'il faut accroiitre le nombre des membres du COMITE D'APPEL, le CONSEIL COMMUNAL, nomme les membres additionnels et modifie le present document en consequence. 4. S'il faut diminuer le nombre des membres du COMITE D'APPEL, le CONSEIL COMMUNAL, supprime les postes en trop et modifie le present document en consequence. G. Rules de procedure 1. Saisi d'un AVIS D'APPEL depose conformement au paragraphe 9(1) de 1'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John ou du paragraphe 27(1) de 1'Arrete concernant les normes minimales regissant les residences de Saint John, le GREFFIER COMMUNAL : a) obtient du Service de la croissance et du developpement communautaire une copie de 1'AVIs auquel ou de 1'ORDONNANCE a laquelle se rapporte 1'AVIs D'APPEL; b) en avise aussitot le PRESIDENT du COMITE D'APPEL; c) inscrit la date de reception au recto des originaux de 1'AVIs D'APPEL et de tous les documents presentes par 1' appelant; d) inscrit un numero de dossier au recto de 1'AVIs D'APPEL et de tous les documents presentes par 1'appelant; e) conserve et classe les originaux de 1'AVIs D'APPEL et de tous les documents presentes par 1'appelant; f) transmet une copie de 1'AVIs D'APPEL et de tous les documents presentes par 1'appelant, dont 1'AVIs ou 1'ORDONNANCE, au PRESIDENT du COMITE D'APPEL; Wel -19- g) transmet une copie de 1'AVIS D'APPEL et de tous les documents presentes par 1'appelant a un AGENT CHARGE DE L'EXECUTION DES ARRETES; h) s'efforce d'identifier la LANGUE OFFICIELLE de predilection de 1' appelant. 2. Mis au courant par le GREFFIER COMMUNAL d'un AVIS D'APPEL depose conformement au paragraphe 9(3) de 1'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John ou du paragraphe 27(3) de 1'Arrete concernant les normes minimales regissant les residences de Saint John, le COMITE D'APPEL tient dans les soixante jours civils qui suivent, pendant les IIEURES D'OUVERTURE normales, une audience au sujet, selon le cas : a) des lieux qui seraient inesthetiques; b) des bdtiments ou des constructions qui seraient devenus dangereux pour la securite du public du fait de leur delabrement ou de leur manque de solidite; c) des lieux, des habitations, des logements ou des constructions qui ne repondraient pas aux normes minimales enoncees dans 1'Arrete concernant les normes minimales regissant les residences de Saint John ou le Reglement portant approbation du code d'entretien et d'occupation des residences qui a ete adopte et integre par renvoi dans ledit arrete. 3. Au moins dix j ours civils avant 1' audience, le GREFFIER COMMUNAL : a) informe un AGENT CHARGE DE L'EXECUTION DES ARRETES des date, heure et lieu de 1' audience. b) avise 1' appelant des date, heure et lieu de 1' audience en lui communiquant l'original ou une copie de l'avis d'audience de la fa�on suivante : (i) dans le cas ou 1' appelant est un particulier, par signification en main propre ou par son affichage en un endroit bien visible des lieux, du bdtiment ou de la construction, (ii) dans le cas ou 1'appelant est une personne morale, par signification en main propre a un de ses dirigeants, administrateurs ou representants ou a un gestionnaire ou une personne qui parait etre responsable d'un bureau ou de quelque autre etablissement de la personne morale au -20 - Nouveau -Brunswick ou par son affichage en un endroit bien visible des lieux, du bdtiment ou de la construction, (iii) dans le cas ou 1'appelant est represents par un avocat autorise a accepter la signification, par signification a l' avocat. 4. Avant d'entendre les parties, le PRESIDENT demande a 1'appelant : a) d'examiner 1'AVIs ou l'ORDONNANCE revue du GREFFIER COMMUNAL; b) de confirmer que cet AVIS ou cette ORDONNANCE est bien 1'AVIS ou l' ORDONNANCE dont it interj ette appel. 5. L'audition des observations et de la preuve par le COMITE D'APPEL se deroule dans l'ordre suivant : a) premierement, it entend les observations et la preuve presentees par 1' appelant a l' appui de son AVIS D'APPEL; b) deuxiemement, it entend les observations et la preuve d'un AGENT CHARGE DE L'EXECUTION DES ARRETES a l'appui de 1'AVIS ou de 1' ORDONNANCE; c) troisiemement, it donne la chance a 1'appelant de refuter les observations et la preuve de 1'AGENT CHARGE DE L'EXECUTION DES ARRETES. 6. L'appelant qui desire abandonner son appel depose un avis d'abandon aupres du GREFFIER COMMUNAL ou lui confirme par ecrit qu'il abandonne son appel. 7. L'AVIS D'APPEL est repute etre abandonne si 1'appelant ou son avocat ne se presente pas aux date, heure et lieu enonces dans l'avis d'audience. H. Exercice des attributions 1. Chaque appel est entendu par un membre du COMITE D'APPEL que choisit le PRESIDENT et qui a tous les pouvoirs et toutes les fonctions du PRESIDENT a 1' egard de 1' appel. 2. Le quorum du COMITE D'APPEL est d'un membre. 3. En prenant sa decision a Tissue d'un appel relatif a des lieux qui seraient inesthetiques, le COMITE D'APPEL doit tenir compte de ce qui suit : HI -21- a) 21 - a) le fait que les choses en question sont enumerees ou non au paragraphe 6(1) de 1'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John; b) 1' endroit a partir duquel les choses en question sont faciles a voir; c) 1'emplacement et l'utilisation de la RESIDENCE; d) toute observation ou preuve presentee a 1'appui de 1'AVIS objet de 1' appel; e) toute observation ou preuve presentee par 1'appelant ou son avocat. 4. En prenant sa decision a Tissue d'un appel relatif a des bdtiments ou a des constructions qui seraient devenus dangereux pour la securite du public du fait de leur delabrement ou de leur manque de solidite, le COMITE D'APPEL doit tenir compte de ce qui suit: a) 1' article 13 de 1'Arrete relatif aux lieux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John, qui dispose qu'un rapport emanant d'un ARCHITECTS, d'un INGENIEUR, d'un inspecteur des constructions ou du prev6t des incendies etablissant qu'un bdtiment ou une construction est delabre ou manque de solidite fait foi, en 1'absence d'une preuve contraire, du delabrement ou du manque de solidite de ce bdtiment ou de cette construction; b) toute observation ou preuve presentee a 1'appui de 1'AVIS objet de 1' appel; c) toute observation ou preuve presentee par 1'appelant ou son avocat. 5. En prenant sa decision a Tissue d'un appel relatif a des lieux, des habitations, des logements ou des constructions qui ne repondraient pas aux normes minimales regissant les residences, le COMITE D'APPEL doit tenir compte de ce qui suit : a) les dispositions de 1'Arrete concernant les normes minimales regissant les residences de Saint John et du Reglement portant approbation du code d'entretien et d'occupation des residences qui a ete adopte et integre par renvoi dans ledit arrete; b) toute observation ou preuve presentee a 1'appui de 1'ORDONNANCE objet de 1' appel; iy -22- c) toute observation ou preuve presentee par 1'appelant ou son avocat. 6. Si 1' appelant abandonne son appel ou si 1' appelant ou son avocat omet de se presenter aux date, heure et lieu fixes pour 1' audition de 1' appel ou a une date de remplacement, le COMITE D'APPEL : a) constatant, preuve a l'appui, que l'avis d'audience a ete signifie a 1' appelant ou a son avocat ou que l' avis d' audience a ete affiche en un endroit bien visible des lieux, du bdtiment ou de la construction vises : (i) retourne 1'AVIS D'APPEL et tous les documents presentes par 1'appelant a 1'adresse indiquee dans 1'AVIS D'APPEL; (ii) avise 1'appelant par ecrit, a 1'adresse indiquee dans son AVIS D'APPEL, de la decision du COMITE D'APPEL. L Publicite des audiences 1. Toutes les audiences du COMITE D'APPEL sont ouvertes au public. J. Langue des procedures 1. Avant 1'audition d'un appel, le PRESIDENT verifie quelle est la LANGUE OFFICIELLE de predilection de 1'appelant pour le deroulement de 1' audience. 2. La « langue de 1'appelant» pour 1'audition de 1'appel est la LANGUE OFFICIELLE choisie par 1'appelant, quelle que Boit sa langue principale. 3. L' appelant qui omet de dire au PRESIDENT quelle est sa langue de predilection est repute avoir choisi la LANGUE OFFICIELLE choisie par le PRESIDENT, lequel demande alors a 1'appelant s'il s'oppose a ce que 1'audience se deroule dans cette langue. 4. La traduction simultanee est utilisee dans les cas ou la langue de 1'appelant differe de la LANGUE OFFICIELLE connue des membres du COMITE D'APPEL. K. Droit aux services d'un avocat 1. La personne qui interjette appel est entendue par le COMITE D'APPEL et peut etre representee par un avocat. L. Enre2istrement des actes du comite !191 -23 - 1. Le COMITE D'APPEL consigne ses actes dans des dossiers et fait des enregistrements sonores de ses audiences. 2. L'enregistrement sonore d'une audience peut etre detruit douze mois apres 1'audition de 1'appel, si 1'appelant n'a pas exerce son droit d'appeler de la decision du COMITE D'APPEL devant la Cour du Banc de la Reine du Nouveau -Brunswick en vertu du paragraphe 9(8) de 1'Arrete relatif aux heux inesthetiques et aux bdtiments et constructions dangereux dans The City of Saint John. M. Decisions 1. Le COMITE D'APPEL doit fournir une copie de sa decision a 1'appelant dans les quatorze jours suivant la date a laquelle it a rendu sa decision. La decision peut confirmer, modifier ou annuler 1'AVIs ou 1'ORDONNANCE ou proroger le delai pour s'y conformer. 2. Les decisions du COMITE D'APPEL sont datees, la date etant celle de la decision. 3. Toutes les decisions du COMITE D'APPEL sont redigees par le membre qui exer�ait la presidence. N. Conflit d'interets 1. Un membre doit s'abstenir de participer a une audience s'il est en conflit d'interets. O. Remuneration et depenses 1. Les membres du COMITE D'APPEL re�oivent la remuneration suivante : a) 600 $ par journee d'audience. 2. Les membres du COMITE D'APPEL sont indemnises des depenses necessaires engagees raisonnablement et effectivement a l'occasion de leur participation a une audience du COMITE D'APPEL. P. Financement 1. La municipalite finance les activites du COMITE D'APPEL dans le cadre de son processus budgetaire habituel. 2. La municipalite fournit ce qui suit au COMITE D'APPEL : a) le lieu d' audience; !E,! -24- b) le materiel audio necessaire pour enregistrer 1'audience; C) les services de secretariat, au besoin; d) le papier a lettres officiel, au besoin; e) les autres services ou ressources connexes qui sont necessaires au bon fonctionnement du COMITE D'APPEL. Q. Siege du COMIA D'APPEL 1. L' adresse du CoMITE D'APPEL est la suivante : Comite des appels sur les residences non conformes aux normes de Saint John a/s The City of Saint John Greffier communal 8e etage, Edifice de 1'h6tel de ville C.P. 1971 Saint John (Nouveau -Brunswick) EM 4L1 R. Questions non prevues 1. Le CoMITE D'APPEL est habilite a trancher toute question de procedure non reglee expressement dans le present document. !1'7 -25 - Schedule 25 - Schedule "A" FORM 1 NOTICE OF APPEAL File No.: BETWEEN: Appellant(s), -and- THE CITY OF SAINT JOHN, Respondent. Parcel Identifier : PID # Parcel Address: Owner(s) or Occupier(s): Name: Address: Telephone: Name: Address: Annexe « A » FORMULE 1 AVIS D'APPEL N° du dossier: ENTRE: Appelant(s), -et- THE CITY OF SAINT JOHN, Intimee. Numero d'identification de la parcelle : # NID Adresse de la parcelle : Proprietaire(s) ou occupant(s) Nom: Adresse : Telephone: Nom: Adresse Telephone: Telephone: The above named appellant(s) is (are) not satisfied L'appelant ou les appelants susnomme(s) n'accepte(nt) with the terms and conditions set out in: pas les modalites ou les conditions qui sont enonces -26 - dans : (a) a Notice that was given under section 7 of the (a) un Avis qui a et6 donne en vertu de Particle 7 de Saint John Unsightly Premises and Dangerous 1'Arrete relatif aux lieux inesthetiques et aux Buildings and Structures By -Law; or bdtiments et constructions dangereux dans The City of Saint John; ou (b) an Order that was issued under section 25 of the (b) une ORDONNANCE qui a et6 6mise en vertu de Saint John Minimum Property Standards By- 1' article 25 de 1'Arrete concernant les normes Law; minimales regissant les residences de Saint John and therefore appeals to the Saint John Substandard et fait ainsi appel devant le Comite des appels sur les Properties Appeal Committee. residences non conformes aux normes de Saint John. The appellant's grounds for this appeal are as follows (set out the grounds clearly but briefly): Dated at , 20 Signature of owner or occupier the Les motifs d'appel de 1'appelant(s) dans le present appel sont les suivants (Moncer les motifs de fa(on claire et concise) : day of Fait a 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 Common Clerk within fourteen (14) days after having been given the Notice or Order at the following address: Common Clerk's Office 15 Market Square, City Hall Building, 8th Floor P. O. Box 1971 20 Signature du propri6taire ou de 1'occupant le L'appelant a ou les appelants ont l'intention d'utiliser la langue frangaise [ ] ou anglaise [ ] (Veuillez cocher la case appropriee). Veuillez faire parvenir votre AVIS D'APPEL par courrier recommande au greffier communal dans les quatorze (14) jours qui suivent la notification de VAVIS ou de Vo DONNANCE a Vadresse suivante : Bureau du greffier communal 15 Market Square, Edifice de 1'h6tel de ville, 8e 6tage Case postale 1971 -27 - Saint John, New Brunswick EM 4L 1 Telephone: 506-658-2862 Facsimile: 506-674-4214 Notes: 1. A Notice or Order that is not appealed within fourteen (14) days after having been given or issued shall be deemed to be confirmed. 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 Order, or extend the time for complying with the Notice or Order. 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) who is provided with a copy of a decision from the Saint John Substandard Properties Appeal Committee regarding a Notice, 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 by-law was not followed, or (b) the decision is unreasonable. !E:3 Saint John (Nouveau -Brunswick) EM 4L1 Telephone : 506-658-2862 Facsimile : 506-674-4214 Notes : 1. Un Avis ou une ORDONNANCE dont it n'est pas interjete appel dans les quatorze (14) jours qui suivent la notification de 1'Avls ou 1'emission de l'ORDONNANCE est repute confirme. 2. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John doit tenir, sur le point en litige, une audience au cours de laquelle le(s) proprietaire(s) ou l'occupant ou les occupants qui interj ette(nt) appel a (ont) le droit d' etre entendu(s) et peut (peuvent) se faire representer par un avocat. 3. Lors d'un appel, le Comite des appels sur les residences non conformes aux normes de Saint John peut confirmer, modifier ou annuler 1'Avls ou l'ORDONNANCE ou proroger le delai pour s'y conformer. 4. Le Comite des appels sur les residences non conformes aux normes de Saint John doit fournir une copie de sa decision au(x) proprietaire(s) ou a l'occupant ou aux occupants des lieux, du batiment ou de la construction qui lui a (ont) interjete appel dans les quatorze (14) jours suivant la date a laquelle it a rendu sa decision. 5. Le(s) proprietaire(s) ou l'occupant ou les occupants a qui une copie d'une decision a ete fournie par le Comite des appels sur les residences non conformes aux normes de Saint John concernant un AVIS peut (peuvent), dans les quatorze (14) jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau -Brunswick au motif que (a) la demarche a suivre en vertu de 1'arrete n'a pas ete suivie, ou (b) la decision est deraisonnable. 1 41 COUNCIL REPORT M&C No. 2019-54 Report Date March 19, 2019 Meeting Date March 25, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: King Square South (Charlotte Street to Civic #12) & Queen Square North (Charlotte Street to Sydney Street) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Kevin O'Brien/Joel Landers Brent McGovern /Brian Keenan John Collin RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the King Square South (Charlotte Street to Civic #12) — Watermain Renewal and Storm Sewer Installation and Queen Square North (Charlotte Street to Sydney Street) — Water main, Sanitary and Storm Sewer Installation and Street Reconstruction projects, and to update Council on the status of the projects. PREVIOUS RESOLUTION February 11, 2019; Contract 2019-08: King Square South (Charlotte Street to Civic #12) — Watermain Renewal and Storm Sewer Installation Awarded. February 11, 2019; Contract 2019-04: Queen Square North (Charlotte Street to Sydney Street) — Water main, Sanitary and Storm Sewer Installation and Street Reconstruction Awarded. !Loll -2 - REPORT The approved Water & Sewerage Utility Fund and General Fund Capital Programs include projects for the design and renewal of the watermain and the installation of a new storm sewer on King Square South from Charlotte Street to civic #12 and for the design and reconstruction of Queen Square North from Charlotte Street to Sydney Street. The tender for King Square South has closed and the contract was awarded to Fairville Construction Ltd. at the February 11, 2019 Council meeting. Construction is expected to begin in late April, 2019 and continue until late May, 2019. This is a significant project that will impact the local area during construction. The tender for Queen Square North has closed and the contract was awarded to Galbraith Construction Ltd. at the February 11, 2019 Council meeting. Construction is expected to begin in late April, 2019 and continue until July, 2019. This is a major project that will impact the local area during construction. It is for these reasons that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view each of the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Trinity Church (Bennett Room) at 115 Charlotte Street on Wednesday, April 3, 2019, from 2-4 p.m. and 6-8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The Public Information Session will be advertised on the City's website and copies of the attached notices will be delivered door to door in each of the respective project areas. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on these streets is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents due to infrastructure failures. The storm water and sanitary sewer flows will also be separated on both streets. 6119] -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS King Square South Public Information Session Notice Queen Square North Public Information Session Notice 51 The City of Saint John PUBLIC INFORMATION SESSION KING SQUARE SOUTH (CHARLOTTE STREET TO CIVIC #12) - WATERMAIN RENEWAL AND STORM SEWER INSTALLATION The City of Saint John will be installing new infrastructure on King Square South from Charlotte Street to Civic #12. There will be a new water main and storm sewer installed, including renewal of existing services up to the property line. Following this work, new granite curb and brick median will be installed on the south side of King Square South from Charlotte Street to Civic #12 and the street from Charlotte Street to Sydney Street will be resurfaced as part of the 2019 Asphalt Resurfacing Program. The underground portion of this work is planned to begin in late April and is expected to continue into May 2019. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be water interruptions and delays in traffic, it is our intent to keep these inconveniences to a minimum. This project is part of the City's ongoing commitment to continually improve its infrastructure. This project is part of the 2018 City of Saint John Water & Sewerage Utility Fund Capital Program and the General Fund Capital Program. Representatives from the City of Saint John will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, April 3, 2019 Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm Location: Trinity Church (Bennett Room) 115 Charlotte Street For further information about this project contact the City of Saint John Transportation and Environment Services at (506) 658-4455. 61► The City of Saint John PUBLIC INFORMATION SESSION QUEEN SQUARE NORTH (CHARLOTTE STREET TO SYDNEY STREET) - WATER, SANITARY AND STORM SEWER INSTALLATION AND STREET RECONSTRUCTION The City of Saint John will be installing new infrastructure on Queen Square North from Charlotte Street to Sydney Street. There will be new water main, sanitary sewer, and storm sewer installed, including renewal of existing services to each residence up to the property line. New curb and sidewalk will be installed and full road reconstruction will be undertaken including the addition of a grass median on one side of the street. Construction is planned to begin in late April and is expected to continue into July 2019. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be water interruptions and delays in traffic, it is our intent to keep these inconveniences to a minimum. This project is part of the City's ongoing commitment to continually improve its infrastructure. This project is part of the 2019 City of Saint John Water & Sewerage Utility Fund Capital Program and the General Fund Capital Program. Representatives from the City of Saint John will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, April 3, 2019 Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm Location: Trinity Church (Bennett Room) 115 Charlotte Street For further information about this project contact the City of Saint John Transportation and Environment Services at (506) 658-4455. 6V 1 41 COUNCIL REPORT M&C No. 2019-53 Report Date March 18, 2019 Meeting Date March 25, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: Ellerdale Street (Valley Street to Margaret Street) — 200mm Water Main OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager John Campbell Brent McGovern /Brian Keenan John Collin RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Ellerdale Street (Valley Street to Margaret Street) — 200mm Water Main project, and to update Council on the status of the project. PREVIOUS RESOLUTION July 30, 2018; (M&C 2018-219) 2019 Water & Sewerage Utility Fund Capital Program Approved. February 25, 2019; (M&C 2019-34) Contract 2019-12 Ellerdale Street — 200mm Water Main Awarded. REPORT The approved Water & Sewerage Utility Fund Program includes funding for the installation of a new 200mm water main on Ellerdale Street, between Valley Street and Margaret Street, to facilitate the removal of water services from the 400mm Concrete Pressure Pipe (CPP) and to repair the holes where the services were removed. 6'i! -2 - Tenders for this work were closed on February 14, 2019 and the contract was awarded to the low -bidder, Galbraith Construction Ltd. This is a significant project that will have an impact on the traffic flow through the local area during construction. It is for this reason that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Simonds Lions Auditorium at 185 Loch Lomond Road (Loch Lomond Villa) on Wednesday, March 27, from 5-8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The Public Information Session will be advertised on the City's website and copies of the attached notice will be delivered door to door in project area. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The installation of new the infrastructure will reduce the likelihood of future service disruptions to the local residents due to infrastructure failures. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Ellerdale Street Public Information Session Notice 6191 The City of Saint John PUBLIC INFORMATION SESSION ELLERDALE STREET - 200MM WATER MAIN The City of Saint John will be installing new infrastructure on Ellerdale Street between Valley Street and Margaret Street. There will be new water main, valves and hydrants including renewal of existing water services up to the property line. Construction is planned to begin in mid-April and is expected to continue into July 2019. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be water interruptions and changes/delays in traffic flow, it is our intent to keep these inconveniences to a minimum. This project is part of the City's ongoing commitment to continually improve its infrastructure. This project is part of the 2019 City of Saint John Water & Sewerage Utility Fund Capital Program. Representatives from the City of Saint John will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and time: Date: Wednesday, March 27, 2019 Time: 5:00 — 8:00 pm Location: Simonds Lions Auditorium (Loch Lomond Villa) 185 Loch Lomond Road For further information about this project contact the City of Saint John Transportation and Environment Services at (506) 658-4455. 67� 1 41 COUNCIL REPORT M&C No. 2019-52 Report Date March 08, 2019 Meeting Date March 25, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2019 Engineering Inspection Services OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Joel Landers Brent McGovern/Brian Keenan John Collin RECOMMENDATION It is recommended that Common Council authorize staff to establish supply agreements with the seven consulting firms noted below, at the hourly rates provided in this report totaling $620,000 plus HST for the provision of engineering inspection services for 2019 Capital Program projects. EXECUTIVE SUMMARY The purpose of this report is to have Common Council authorize staff to establish supply agreements totaling $620,000 plus HST for the provision of engineering inspection services. PREVIOUS RESOLUTION July 30, 2018; 2019 Water & Sewerage Utility Fund Capital Program approved July 30, 2018; 2019 General Fund Capital Program approved REPORT Common Council has approved the 2019 Water & Sewerage Utility Fund Capital Program consisting of 26 projects totaling $7,595,500 and the 2019 General Fund (Storm & Transportation) Capital Program consisting of 14 projects totaling $8,417,000. 61FA -2- A portion of the projects in the 2019 Capital Programs are being designed "in- house" and will require engineering inspection services during construction. There will be a requirement to provide engineering inspection for approximately 14 "in-house" designed projects during the 2019 construction season. In order to ensure that adequate engineering inspection resources are available to the City for the approved Capital Program projects, staff have issued a Request for Proposal (RFP) for engineering inspection services. The RFP was issued to eight local consulting firms that have the appropriate resources on staff capable of providing engineering inspection services on municipal type projects. Seven firms have submitted proposals in response to the RFP, providing resumes for inspection resources including hourly rates. The seven firms that replied were: • Crandall Engineering Ltd. • CBCL Limited • Dillon Consulting Limited • GEMTEC Limited • WSP Canada Inc. • Stantec Consulting Ltd. • EXP Services Inc. No single firm has the resources in place to provide all the required engineering inspection services. The hourly rates submitted by the consultants with their proposals were similar so staff averaged the rates and established one hourly rate for each of the three levels of inspectors — Junior, Intermediate and Senior — as follows: Junior Inspector - $74 Intermediate Inspector - $84 Senior Inspector - $96 The hourly rates include all miscellaneous expenses (car, cellular telephone, digital camera, etc.) and do not include H.S.T. All seven engineering firms have confirmed they are in agreement with the above rates. The City will determine the appropriate level of inspector required for a given project and then request the engineering inspection services from the seven consulting firms on a rotational basis. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. 6'1:3 -3 - SERVICE AND FINANCIAL OUTCOMES The total overall cost for engineering inspection services for 2019 is difficult to predict as there are a number of variables; most significant of which is how many contractors and the number of construction crews that will be working at a given time period. Staff has estimated the overall value of the engineering inspection services for 2019 to be approximately $620,000 plus 15% H.S.T. Funds to cover the cost of the engineering inspection service are included in the approved 2019 Capital Program project budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Request for Proposal document and this report have been reviewed with the City's Materials Management Department and they support the recommendation being put forth. ATTACHMENTS None 6'1%] 1 41 COUNCIL REPORT M&C No. 2019-63 Report Date March 20, 2019 Meeting Date March 25, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Contract 2019-09: M -R -G Forcemain Renewal — Phase 1 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager John Campbell Brent McGovern / Brian Keenan John Collin RECOMMENDATION It is recommended that Contract No. 2019-09: M -R -G Forcemain Renewal — Phase 1 be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $475,264.99 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2019- 09: M -R -G Forcemain Renewal — Phase 1 to the low Tenderer. PREVIOUS RESOLUTIONS December 9, 2013, (M&C 2013-272), 2014 Water & Sewerage Utility Fund Capital Program Approved. June 9, 2014, (M&C 2014-89), Land Acquisition — Portion of PID# 000405589, 730 Dever Road — Maritime Paper Products GP Limited Adopted. September 29, 2014, (M&C 2014-168), Consent Agreement for Proposed Encroachment of Brunswick Pipeline KP -23.525 Adopted. -2 - July 9, 2018, (M&C 2018-197), Easement Acquisition — Gifford Road Portions of PIDs # 36657, 55109656, 55109649, 55185755, 55185730, 55185748, &55024343 Adopted. February 25, 2019, (M&C 2017-236), Emera Reinstatement, Continuation & Amending Agreement Required for 2019-09: M -R -G Forcemain Renewal — Phase 1 Adopted. REPORT 1*-TTT0CI109111►U1 The approved Water and Sewerage Utility Fund Capital Program includes funding for renewal of the sanitary forcemain in the Greenhead Road / Dever Road area between X Station and Y Station. The existing forcemain is deteriorated and requires replacement. The implementation of this project has spanned several years as a result of the easement acquisitions and agreements required. This Work could not be tendered until all Agreements were in place. TENDER RESULTS Tenders closed on March 19, 2019 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $ 475,264.99 2. Fairville Construction Ltd., Saint John, NB $ 492,440.06 3. Keel Construction Ltd., Grand Bay -Westfield, NB $ 499,802.65 4. TerraEx Inc., Saint John, NB $ 607,987.75 5. Dexter Construction Company Ltd., Saint John, NB $ 792,936.50 The Engineer's estimate for the work was $564,035 including HST. FA 0 VA W,M161 The tenders were reviewed by staff and all were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the Water and Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. AI -3 - The analysis is as follows: Budget $ 850,000.00 Project net cost $ 466,897.00 Variance (Surplus) $ 383,103.00 POLICY—TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The new forcemain is required to reduce the likelihood of future, large-scale service disruptions and environmental impacts due to infrastructure failures. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A I' PROCLAMATION WHEREAS: Purple Day is a global effort dedicated to promoting epilepsy awareness in countries around the world; and WHEREAS: Purple Day was founded in 2008 by Cassidy Megan, a nine- year-old girl from Nova Scotia, who wanted people to know that if you have epilepsy, you are not alone; and WHEREAS: epilepsy is one of the most common neurological conditions, estimated to affect more than 50 million people worldwide, and more than 300,000 people in Canada; and WHEREAS: the public is often unable recognize the common seizure types, or how to respond with appropriate first aid; and WHEREAS: Purple Day will be celebrated on March 26th annually to increase understanding, reduce stigma and improve the quality of life for people with epilepsy throughout the country and globally. NOW THEREFORE: I, Mayor Don Darling, of Saint John do hereby proclaim the week of March 26th, 2019 as "Purple Day" in the City of Saint John in an effort to raise epilepsy awareness everywhere. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. M.] 0000000000 0000000000 City 'iiii iiiJd['viiri iii "I� iii "I� 0 iia C o u iiaco"i iiir �" °1 m0000 oio iiCe 1��oi hum m oo J o� @� m oo @� m o0 em mu 0000m NW U e r5 0 0 0 e r5 0 0 0 NO 9 ; \ { 2W�11'11 . � � . 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SAINT JOHN 1 41 COUNCIL REPORT M&C No. 2019-50 Report Date March 15, 2019 Meeting Date March 25, 2019 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Licence Agreement with Discover Saint John for Tidal Mural OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Curtis Langille Kevin Fudge/lan Fagan John Collin RECOMMENDATION 1. That the City enter into a Licence agreement with Discover Saint John for $1.00 to grant its agents, employees, partners and contractors access to and use a portion of the Market Slip seawall, floating dock and staging area being a portion of PID No. 55235113, as identified on an attached Location map, for the steel installation, mural creation and further removal of same, subject to the following terms and conditions: a. the Licence shall commence on July 15, 2019 and conclude at 11:59 pm (local time) on August 15, 2019; b. that Discover Saint John shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross - liability clause; c. all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in the Licensee does hereby indemnify and save harmless the Licensor from respect of damage sustained by others based upon or arising out of or in connection with the use of the Licensed Area; and E:1:3 -2- d. submission of engineered design plans to be prepared and stamped by a professional engineer (registered in New Brunswick) and submitted to the City of Saint John for review and acceptance by the Chief City Engineer or designate, plans for the securing of steel plates onto the seawall of the subject property and for the subsequent removal of same. 2. That the Mayor and Common Clerk be authorized to execute the Licence Agreement. EXECUTIVE SUMMARY Discover Saint John is planning to have a world renowned artist come to the City in mid-July to mid-August of this year to paint a mural. The mural will be painted over submerged sheets of steel (depending on the tides) from dismantled, discharged shipping containers. Discover Saint John is requesting the City grant access to and use a portion of the Market Slip seawall (see location map) measuring approximately 12.2 metres (40 feet) in length, for the steel installation and mural creation for approximately one month. Once completed, the mural will be removed and relocated to a permanent location which has yet to be determined. The terms and condition contained in the recommendation of this report will be included in a Licence agreement that will provide Discover Saint John and their agents the access they requested and also protect the City against any unforeseen circumstances. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT Providing for entrepreneur opportunities in the City's Uptown Core aid in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT Further to the comments contained in the Executive Summary. Various City departments and agencies have been advised and are supportive of Discover Saint John's proposal to use a portion of the Market Slip area to facilitate the painting of a tidal mural. The terms and conditions as set out in the recommendation contained in this report will facilitate the proposal and protect the interests of the City of Saint John. E-lue -3 - SERVICE AND FINANCIAL OUTCOMES The various City Departments involved with this proposal are supportive of this project and will coordinate their respective responsibilities for the Market Slip area to ensure this project is a success. There are no financial costs to the City associated with this project, while the tourism benefits to the City highlighting the artist and his works will be immeasurable. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Facility Management, Risk Management, Transportation and Environment Services, Saint John Parking Commission and Develop Saint John were all advised of this proposal and their input has been provided into this report where applicable. The City Solicitor's office has reviewed this report and is satisfied with the recommendation to Council. ATTACHMENT Location Map 0I91 Licenced Area for Mural Printed: 03/14/19 12:41:41 PM BY-LAW NUMBER C.P. 111-68 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning two parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street, also identified as PID Nos. 00025791 and 55086128 from Neighbourhood Community Facility (CFN) to General Commercial (CG) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2019 and signed by: Mayor/Maire ARRETE No C.P. 111-68 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cr&6 ce qui suit : L'arret6 de zonage de The City of Saint John, d6cr6t6 le quinze (15) d6cembre 2014, est modifi6 par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 2 847 metres carr6, situ6e a 348, chemin Rockland et 21 rue Canon et portant le NlDs 00025791 and 55086128, de zone d'installations communautaires (CFN) a zone commerciale g6n6rale (CG) conform6ment a une resolution adopt6e par le conseil municipal en vertu de Particle 59 de la Loi sur Furbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le * 2019, avec les signatures suivantes Common Clerk/Greffier communal First Reading - March 11, 2019 Premiere lecture Second Reading - March 11, 2019 Deuxieme lecture Third Reading - Troisi6me lecture ON - le 11 mars 2019 - le 11 mars 2019 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John . r5„nkland Rd. FROM 1 DE Neighbourhood Community Facility Zone d'installations communautaires de quartier TO/A General Commercial CFN CG Zone commerciale generale Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Natasha Tobias Location: 348 Rockland Road and 21 Canon Street PID(s)/NIP(s): 00025791, 55086128 Considered by P.A.C./considers par le C.C.U.: February 20 fevrier, 2019 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete # Drawn By/Creee Par: Andrew Pollock Date DrNvn/Carte Creee: March 13 mars, 2019 Section 59 Conditions - 348 Rockland Road and 21 Canon Street That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following condition upon the development and use of the parcels of land having a combined area of approximately 2,847 square metres, located at 348 Rockland Road and 21 Canon Street also identified as PID Numbers 00025791 and 55086128, namely that use of the property be restricted to the following purposes identified in the General Commercial (CG) zone of the City's Zoning By-law: • Accommodation; • Artist or Craftsperson Studio; • Bakery; • Banquet Hall; • Business Office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Centre; • Community Policing Office; • Day Care Centre; • Dwelling Unit, subject to paragraph 11.7(3)(c); • Financial Service; • Funeral Service; • Garden Suite, subject to section 9.8; • Grocery Store; • Health and Fitness Facility; • Health Services Laboratory; • Home Occupation, subject to section 9.9; • Library; • Medical Clinic; • Personal Service; • Pet Grooming; • Place of Worship; • Restaurant; • Retail, General; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14 • Veterinary Clinic SLI BY-LAW NUMBER C.P. 111-69 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 862 square metres, located at 97-99 Exmouth Street, also identified as PID No. 00015834 from Urban Centre Residential (RC) to General Commercial (CG) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2019 and signed by: Mayor/Maire ARRETE No C.P. 111-69 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : Uarrete de zonage de The City of Saint John, decrete le quinze (15) decembre 2014, est modifie par: 1 La modification de 1'annexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 862 metres carres, situee a 97-99 rue Exmouth et portant le NID 00015834, de zone residentielle du centre-ville (RC) a zone commerciale generale (CG) conformement a une resolution adoptee par le conseil municipal en vertu de Particle 59 de la Loi sur Furbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le * 2019, avec les signatures suivantes Common Clerk/Greffier communal First Reading - March 11, 2019 Premiere lecture Second Reading - March 11, 2019 Deuxieme lecture Third Reading - Troisieme lecture OR - le 11 mars 2019 - le 11 mars 2019 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE 4 REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE Urban Centre Residential Zone residentielle RC du centre-ville rue Exmouth St. TO/A General Commercial CG Zone commerciale generale Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Krystal Kindred Location: 97-99 Exmouth Street PID(s)/NIP(s): 00015834 Considered by P.A.C./considers par le C.C.U.: February 20 fevrier, 2019 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrets # Drawn By/Creee Par: Andrew Pollock Date D&n/Carte Creee: March 13 mars, 2019 Section 59 Conditions — 97-99 Exmouth Street That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following condition upon the development and use of the parcel of land having an area of approximately 862 square metres, located at 97-99 Exmouth Street, also identified as PID No. 00015834, be restricted to the following purposes identified in the General Commercial (CG) Zone of the City's Zoning By-law: a. That the use of the lot be limited to the following uses as defined by the Zoning By-law: • Accommodation; • Artist or Craftperson Studio; • Bakery; • Banquet Hall; • Business office, subject to paragraph 11.7(3)(b); • Commercial Group; • Community Centre; • Community Policing Office; • Day Care Centre; • Dwelling Unit, subject to paragraph 11.7(3)(c); • Financial Service; • Funeral Service; • Garden Suite, subject to section 9.8; • Health and Fitness Facility; • Health Services Laboratory; • Home Occupation, subject to section 9.9; • Library; • Medical Clinic; • Personal Service; • Pet Grooming; • Place of Worship; • Private Club; • Restaurant; • Retail General; • Secondary Suite, subject to section 9.13; • Service and Repair, Household; • Supportive Housing, subject to section 9.14; • Technical or Vocational School; • Veterinary Clinic; • The existing use described in Schedule E: Exceptions, of each lot respectively identified therein as being located in the CG zone. AA BY-LAW NUMBER C.P. 106-16 ARRRTE No C.P. 106-16 A LAW TO AMEND THE ARRETE MODIFIANT L'ARRRTE MUNICIPAL PLAN BY-LAW RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a edicte follows: ce qui suit : The Municipal Plan By-law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: I Amending Schedule A ._ City Structure, by redesignating a parcel of land with an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Nos. 55057848, 55057855 and 55201750, from Stable Area to Employment Area classification; 2 Amending Schedule B -- Future Land Use, by redesignating the same parcel of land from Stable Residential to Stable Commercial classification; L'arrete concernant le plan municipal de The City of Saint John decrete le 30 janvier 2012 est modifi6 par : 1 la modification de Pannexe A — Structure de la municipalite, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 0,55 hectares, situee au 179-185, chemin Golden Grove, et portant les NID 55057848, 55057855 et 55201750, de secteur stable a secteur d'emploi,; 2 la modification de Fannexe B — Utilisation future des sols, afin de faire passer la designation de la parcelle de terrain precitee de secteur residentiel secteur commercial stable; - all as shown on the plans attached hereto - toutes les modifications sont indiquees sur and forming part of this by-law. les plans ci joints et font partie du present arrete. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2019 and signed by: Mayor EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2019, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - March 11, 2019 Premiere lecture Second Reading - March 11, 2019 Deuxieme lecture Third Reading - Troisieme lecture - le 11 mars 2019 - le 11 mars 2019 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT MUNICIPAL Amending Schedule A Modifiant annexe A 0 FROM / DE Stable Area Secteur stable Applicant: Scott's Auto Body & Collision Ltd. Location: 179-185 Golden Grove Road PID(s)/NIP(s): 55201750, 55057855, 55057848 G104e�d, Goodell CXV r Sr r-1 TO 1 A Employment Area Secteur d'emploi Considered by P.A.C./considers par le C.C.U.: February 20 fevrier, 2019 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete # Drawn By/Creee Par: Andrew Pollock Date DrNvn/Carte Creee: March 18 mars, 2019 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT MUNICIPAL Amending Schedule B Modifiant annexe B FROM / DE Stable Residential Secteur residentiel stable Applicant: Scott's Auto Body & Collision Ltd. Location: 179-185 Golden Grove Road PID(s)/NIP(s): 55201750, 55057855, 55057848 .110 G��d, Gh' TO/A O Stable Commercial Secteur commercial stable Considered by P.A.C./considers par le C.C.U.: February 20 fevrier, 2019 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete # Drawn By/Creee Par: Andrew Pollock Date D&n/Carte Creee: March 18 mars, 2019 BY-LAW NUMBER C.P. 111-70 ARRtTk No C.P. 111-70 A LAW TO AMEND ARRETk MODIFIANT L'ARRETk DE THE ZONING BY-LAW ZONAGE DE THE CITY OF SAINT OF THE CITY OF SAINT JOHN JOHN Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit : The Zoning By-law of The City of L'arrete sur le zonage de The City Saint John enacted on the fifteenth day of of Saint John, decrete le quinze (15) December, A.D. 2014, is amended by: decembre 2014, est modifie par: 1. Adding the following to the list of 1. L'adjonction de 1'e1ement suivant a la Other zones in Section 2.2: liste d'Autres zones d'article 2.2 : "Special Zone No. 4 SZ -4" << Zone speciale n° 4 SZ -4 » 2. Adding the following as Section 14.9: 2. L'adjonction de Particle 14.9 qui se lit `O comme suit: "14.9 Special Zone No. 4 (SZ -4) o 14.9 Zone speciale n° 4 (SZ -4) 14.9(1) Permitted Uses 14.9(1) Usages permis Any land, building, or Les terrains, batiments et structure may be used for constructions ne peuvent the purposes of, and for no etre affectes qu'aux fins other purpose than, the suivantes, ces fins pouvant following, which may comporter de Fentreposage include outdoor storage as a Pair Libre en tant an accessory or secondary qu'usage accessoire ou use, subject to paragraph secondaire, sous reserve du 14.9(2)(a): paragraphe 14.9(2)a) : • Accommodation; • atelier de debosselage • Auction House; et de peinture de • Bakery; vehicules, • Banquet Hall; • boulangerie; • Business Office, • bureau d'affaires, sous subject to paragraph reserve du paragraphe 14.9(2)(b); 14.9(2)b); • Business Support • centre de sante et de Service; conditionnement • Catering Service; physique; • Commercial • centre de vente par Entertainment; maisons-temoins; • Commercial Group; • clinique medicale; • Communication • clinique veterinaire; Facility; • divertissement a des • Contractor Services, fins commerciales; Household; • ecole de formation • Day Care Centre; technique ou • Emergency Services professionnelle; Facility; • entrepot fibre -service; • Financial Service; • entreprise d'entretien • Fleet Service; et de reparation • Funeral Service; d'articles menagers; • Grocery Store; • epicerie; • Health and Fitness • flotte; Facility; • garderie; • Health Services • gare routiere; Laboratory; • hebergement; • Medical Clinic; • installation de • Personal Service; communication; `O • Pet Grooming; • Recreational Vehicle Sales and Service, Small; • Restaurant; • Retail General; • Sales Centre, Model Home; • Self -Storage Facility; • Service and Repair, Household; • Technical or Vocational School; • Transit Terminal; • Vehicle Body and Paint Shop, subject to paragraph; • Veterinary Clinic. 14.9(2) Conditions of Use (a) Outdoor Storage as an accessory or secondary use to a main use permitted in subsection 14.9(1) shall be subject to the following: (i) The yard shall not occupy any required front or flankage yard or any area required for parking; (ii) The yard shall be completely enclosed by a solid board -on -board fence or a chain-link fence entirely covered by filler strips woven into the mesh or a walled structure or a berm, or any combination thereof, having a minimum height of 2 metres and including any gate constructed in the same manner and height as the enclosure; (iii) Notwithstanding the above, the yard may instead be screened in accordance with paragraph 6.1(k), or by any combination of permitted structures, berms and landscaping; and (iv) When the yard is developed within 15 KIN • installation de services d'urgence; • institution financiere; • laboratoire de services de sante; • maison d'encheres; • restaurant; • salle de r6ception; • salon fun6raire; • service d'appui aux entreprises; • service d'entrepreneur A domicile; • service de traiteur; • service personnel; • studio de toilettage d'animaux familiers; • vente au d6tail generale; • vente et reparation de petits vehicules de plaisance. 14.9(2) Conditions regissant les usages a) L'entreposage a fair libre en tant qu'usage accessoire ou secondaire par rapport a un usage principal permis par le sous -article 14.9(1) est subordonn6 aux conditions suivantes: (i) la cour d'entreposage ne doit pas occuper une cour avant obligatoire, une cour de flanc obligatoire ou une aire de stationnement obligatoire; (ii) la cour doit etre entierement ferm6e au moyen d'une cl6ture pleine de construction planche- sur-planche, d'une cl6ture a mailles losang6es entierement recouverte au moyen de languettes entrelac6es dans les mailles, ou d'une construction ferm6e ou d'une levee, ou d'une combinaison de ces Elements, d'une hauteur minimale de 2 metres, les barri6res, s'il en est, devant etre construites de la m6me mani6re et de la mdme hauteur que F enceinte; (iii) malgr6 ce qui precede, la cour peut, au lieu, titre dissimul6e conform6ment au paragraphe 6.1j), ou au moyen de toute combinaison des constructions, lev6es et am6nagement paysager permis; (iv) lorsqu'un am6nagement est effectu6 dans la cour a moins metres of an abutting lot in a Residential zone, the yard shall also be in accordance with section 5.5. (b) A Business Office permitted in subsection 14.9(1) shall not exceed 3,000 square metres in gross floor area. 14.9(3) Zone Standards Standards for development in Special Zone 4 shall be as set out in subsection 11.5(4), and Parts 4 to 9 where this zone shall be considered a Corridor Commercial (CC) zone. 3. Amending Schedule "A", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 0.55 hectares, located at 179-185 Golden Grove Road„ also identified as being PID Nos. 55057848, 55057855 and 55201750, from Two - Unit Residential (R2) to Special Zone 4 (SZ4) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of *, A.D. 2019 and signed by: Mayor/Maire de 15 metres d'un lot attenant dans une zone residentielle, la cour doit egalement etre conforme a Particle 5.5. b) L'aire de plancher brute des bureaux d'affaires permis par le paragraphe 14.9(1) ne peut etre superieure a 3 000 metres carres. 14.9(3) Normes applicables a la zone Les normes d'amenagement dans la zone speciale n° 4 doivent etre conformes aux dispositions de paragraphe 11.5(4) et des parties 4 a 9, et la zone en question doit etre consideree en tant que zone commerciale de corridor (CC). 3. La modification de Vannexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 0.55 hectares, situee au 179-185, chemin Golden Grove, et portant les NID 55057848, 55057855 et 55201750, de zone residentielle bifamiliale (R2) a zone speciale n° 4 (SZ -4) conformement a une resolution adoptee par le conseil municipal en vertu de Particle 59 de la Loi sur 1'urbanisme. - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2019, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - March 11, 2019 Premiere lecture Second Reading - March 11, 2019 Deuxieme lecture Third Reading - Troisieme lecture `DIV - le 11 mars 2019 - le 11 mars 2019 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE Two -Unit Residential Zone residentielle R2 SZ -4 bifamiliale TO/A Special Zone No. 4 Zone speciale no 4 Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Scott's Auto Body & Collision Ltd. Location: 179-185 Golden Grove Road PID(s)/NIP(s): 55201750, 55057855, 55057848 Considered by P.A.C./considers par le C.C.U.: February 20 fevrier, 2019 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete # Drawn By/Creee Par: Andrew Pollock Date Drawn/Carte Creee: March 18 mars, 2019 104 Section 59 Conditions - 179-185 Golden Grove Road That Common Council rescind the Section 39 conditions imposed on the November 8, 1976 rezoning of the property and located at 185 Golden Grove Road, also identified as PID Number 55201750, and modified February 15, 1979 and June 11, 1984. That Common Council hereby imposes pursuant to the provisions of Section 59 of the Community Planning Act (SNB 2017, c.19) the following conditions upon the development and use of the parcels of land having a combined area of approximately 0.55 hectares, located at 179-185 Golden Grove Road, also identified as PID Numbers 55057848, 55057855 and 55201750: a) All areas of the site not occupied by buildings, driveways, walkways, parking, storage or loading areas must be landscaped by the developer, in accordance with a detailed landscaping plan, subject to the approval of the Development Officer prior to the issuance of a Building Permit. This landscaping plan is to be prepared by the developer or their consultant and submitted for approval with the Building Permit application. b) The building elevations be submitted to the Development Officer for review and approval prior to issuance of a Building Permit. c) A plan showing access to the site and adjacent facility must be prepared by the developer and submitted to Infrastructure Development and the Development Officer for approval prior to issuance of a Building Permit. That Common Council discharge all covenants and conditions of the agreement, made pursuant to the provisions of Section 101 of the Community Planning Act in effect at that time between Douglas and Gloria Mitton as developer, and the City of Saint John, dated March 19, 1997 respecting the property located at 185 Golden Grove Road, also identified as PID Number 55201750. `Wee Received Date March 18, 2019 Meeting Date March 25, 2019 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Queen Square West: Rain Garden Proposal Background: As part of the Climate Change Adaptation Planning Process, ACAP Saint John is proposing three pilot projects to complete in the city that will showcase adaptation methods in practice. ACAP Saint John has received funding from Green Communities Canada to construct a small rain garden that will act as a demonstration of stormwater management infrastructure. We are proposing to construct this rain garden in Queen Square West. Staff from the Parks Department and the Transportation and Environment Department are supportive of the project and have agreed to provide in-kind support for the installation of the garden. Volunteers will also help with planting and maintenance. Motion: That Common Council approve the construction of a rain garden in Queen Square West as proposed by ACAP Saint John. Respectfully Submitted, (Received via email) Donna Reardon Ward 3 Councillor City of Saint John (P4 - SAINT JOHN ---- ,..---- RO. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4LI `191-1 A rain garden is a stormwater management structure that reduces the amount of overland flow by holding water in a depression and allowing it to naturally absorb back into the ground. Rain gardens can enhance a public space to add more biodiversity, filter pollutants out of stormwater and control flooding. Rain gardens are planted with native plants that are suitable for both wet and dry conditions, and can add beauty to an area with blooming flowers and foliage. Rain gardens allow approximately 30% more water to absorb into the ground than a traditional lawn and will act an as attractive stormwater management structure (Bannerman, 2003). Due to the topography of the Lower -West Side, rainfall is likely to run downhill from the southern to the northern portion of the neighbourhood. In order to reduce the amount of rainfall that will pool at the bottom of this hill, stormwater best management practices (BMPs) should be implemented throughout the neighbourhood, but especially in higher elevations. City owned properties such as Queen Square -West and King Square -West would be excellent sites to implement stormwater management BMPs, such as rain gardens, as these sites are located uphill and are public spaces that can demonstrate what green infrastructure looks like in practice. Figure 1: View of a typical rain garden (Alliance for the Chesapeake Bay, n.d.). ACAP Saint John (ACAP) proposes to develop a rain garden within Queen Square -West Park that will capture rainfall that is traveling downhill towards flood risk areas. This rain garden will serve as a public demonstration of how green infrastructure can make Saint John a climate resilient city and will enhance a public area in the Lower -West Side. ACAP will leverage community volunteers as well as staff from the City of Saint John Parks and Stormwater Services departments to help with the construction and installation of the rain garden. Volunteers will learn how to construct a rain garden and be provided with guidance on how they can replicate a rain garden project on their property. Typical residential rain gardens range from 100 ft' to 300 ft'. The proposed rain garden in Queen Square -West will reflect the size of a residential rain garden and will be approximately 250 ft' in size. Educational signage will remind and/or inform community members of the project and the benefits of rain gardens for climate change adaptation and stormwater management. Maintenance of the rain garden will be completed by ACAP Saint John and require weeding and watering for the first two years until the perennials have fully established in the garden. ` YA Overall promotion of the project will be done through ACAP Saint John's volunteer email list, social media platforms and webpage, flyers, and other local community groups. The local media and City representatives will be invited to attend the event to bolster community engagement. The results from this project will be posted to ACAP's webpage and social media accounts where ACAP can track how the material is being disseminated. This project is designed to produce tangible results that lend themselves readily to measurement and quantification. For example, the size of the rain garden and capacity, the number of volunteers, in-kind contributions from community partners, number of media articles produced, number of likes/shares/views through social media, number of presentations, requests for information, and page viewings of ACAP's website will be measured to determine success. Intangible results, such as a more aesthetically pleasing environment or a more environmentally conscientious community are more difficult to measure and will be evaluated based on solicited testimonials or questionnaires, unsolicited opinions (supportive or contradictory), and comments or requests for additional information. The final results from this project will be incorporated into the ACAP's climate change adaptation plan for the City of Saint John as a definitive example of how green infrastructure can reduce flooding in Saint John and will provide a concrete example of what adaptation will look like. A demonstration project like this one will forge the path for developing transformative green infrastructure throughout the City of Saint John. Project Timeline: Step Timeline Design rain garden and source materials. February -March 2019. Work with City of Saint John Parks and Stormwater Services departments for May 2019 support to remove sod, lay pipe and cut the curb near the storm drain. Engage approximately 40 volunteers for help to add gravel, landscape cloth and May 2019 planting native flowers and shrubs. Provide volunteers with information about rain gardens and their role in stormwater management. Promote the completion of the project through television, radio, and social April -June 2019 media platforms, as well as the ACAP Saint John website. Hold public education events and tours in the park with local scouts and girl guides, schools and community groups. Target reach: 1000 people online and in person Expected completion date: June 30, 2019 Project Budget: Funding has already been secured from Green Communities Canada. iDU] Item Description Cost Materials Gravel, native shrubs and wildflowers, drainage $3400 pipe, landscape cloth Signage Signs displaying benefits of rain gardens/green $1200 infrastructure, and funder acknowledgment (2 @ $600) Other Public engagement materials, permitting costs, $400 volunteer appreciation Labour (City of Saint John Parks, Removing topsoil, amending soil, adding gravel and In -Kind Stormwater Crew, Volunteers) landscape cloth, planting. Staff time (ACAP Staff) Planning, garden design, communications In -Kind Total budget for activity $5000 Attachment: Queen Square West Rain Garden Site Plan. References: Alliance for the Chesapeake Bay (n.d.). Rain Gardens. Retrieved from: http://www.stormwater.allianceforthebay.org/take-action/installations/rain-gardens Bannerman, R. (2003). Rain Gardens A How -To Manual for Homeowners. Wisconsin Department of Natural Resources. Retrieved from: clean-water.uwex.edu/pubs/raingarden `[ok7 1 41 COUNCIL REPORT M&C No. M&C 2019-57 Report Date March 19, 2019 Meeting Date March 25, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Regional Ice Strategy Update OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim O'Reilly Michael Hugenholtz John Collin RECOMMENDATIONS Your City Manager recommends Common Council: 1. Endorse Mayor Darling's motion he presented for consideration at the March 25, 2019 Regional Service Commission Board meeting that reads as follows: a) Commit by May 1, 2019 to the following principles of a regional arena funding formula: The formula shall redistribute the applicable total operating cost deficit of all regional arenas among taxpayers of the respective municipalities and LSDs based on proportion of usage in the respective jurisdictions, Operating cost deficits determined not to be applicable shall not be included in the funding formula and shall remain the responsibility of the host municipality. b) Approves, only after commitments in (a) are obtained, external consulting services be hired to define the applicable operating cost deficits by accessing, and reviewing for consistency, usage and financial data related to each regional arena. The Commission agrees the applicable operating cost deficits and usage data defined by the consultant will be binding. c) Commission Directors will provide a resource for the Staff Working Group to coordinate (b) d) Commit to exploring further regional collaboration relative to arena management following a ratified arena funding agreement. Collaboration would include sharing resources, sharing arena Capital costs, and developing an arena supply plan that meets the current and future demands of users and/or is financially sustainable for the regional taxpayers. 111 -2- 2. Proceed with Saint John's alternate Plan B "non-resident user fee" approach in the absence of agreement from the Regional Service Commission as sought in (1a) by May 1, 2019 3. Reconfirm that Saint John Common Council believes a co-operative regional approach is preferred over a solution that requires a form of non-resident user fees to advance the priorities of regional fairness and sustainability EXECUTIVE SUMMARY The City of Saint John is at a cross-roads in its involvement in working toward a collaborative Regional Ice Strategy. There is a need for regional consensus on principles that would define a fair and sustainable arena funding formula and agreement. In the absence of movement on collaborative solution, the City will need to continue to pursue a solution that achieves fairness and sustainability on its own. REPORT The purpose of the Regional Ice Strategy is to improve regional co-operation in the management of similar facilities (arenas) for similar customers. It started in 2017 as a result of the Regional Service Commission's completion of a Regional Recreation Plan in 2016. The City of Saint John advocated that the Ice Strategy be the first pilot project when it was presented with the final 2016 plan. The City advocated for the Ice Strategy and provided a staff resource towards its development because of the opportunities it presented in seeking regional fairness and sustainability: • It was important that demand and supply of arenas be considered regionally to align with the fact the customers are regional • Regional sharing of resources for essentially identical services can generate cost savings for all taxpayers and users • A funding formula and agreement would align taxpayer subsidization with usage levels from the respective juristictions within the region. With the data currently available, there is an imbalance between taxpayer responsibility for arena lifecycle cost contributions and the level of use from each jurisdiction. Approximately 1/3 of the use of Saint John's arenas is from outside our city. The adjacent figure demonstrates the net difference between the number of users from each town and all LSDs using City arenas relative to flow in the other direction. In each case, Saint John is supplying more ice to our neighbours' W&MIN `N -3 - The Regional Ice Strategy developed over approximately a one year period between 2017 until 2018. A Working Group of staff members from the Commission, municipalities and LSDs worked on the strategy. Two consultation sessions involving municipal Council and LSD leadership representatives from across the region were completed in August 2018 provided additional input. Check -ins with the Commission Board were completed at various point in time. City staff did a check-in with Council in September 2018 to ensure Council was aligned on a set of principles as staff continued working their regional partners toward the strategy and associated funding formula. The principles, that generally fit into one of two overall themes of regional fairness or sustainability, were: • Arena lifecycle costs (design, construction, operation, maintenance, capital renewal, decommissioning) need to be recovered from regional users and taxpayers in a deliberate, consistent, fair, and financially sustainable way • Share of arena lifecycle costs from the taxpayers between the different municipalities and LSDs should be based primarily on the proportion of regional use with some consideration of other factors such as comparative tax bases, level of service provided at the respective facilities, lifecycle phase of respective facilities, and location of the arenas (user convenience and positive economic impact for host municipalities), • The municipalities and LSDs need to obtain residency data from users of the arenas in the 2018-2019 season necessary to ensure taxpayer costs are more fairly distributed based on use, • A funding agreement needs to be in place in time to allow for sufficient communication in advance of the 2019-2020 winter season that starts in October 2019, • Collaborative efforts to reduce costs and increase revenues need to be explored to reduce burden on all regional taxpayers and users, such as matching inventory of available ice surfaces to demand, and more importantly, affordability and exploring efficiencies associated with co - located ice surfaces from a regional perspective, • The City of Saint John remains open to extending the strategy and developed agreement for other recreational facilities and programs in the future. However, implementation of the arena model needs current focus. The draft Regional Ice Strategy was released publicly in the Fall of 2018 for review. The draft Strategy and other information about the project can be found at: www.fundvrecycles.com/ice. Page 19 of the draft strategy describes guiding principles believed to best capture the regional views in pursuing the funding formula. Staff point out a few aspects of these guiding principles: • There must be mutual benefits and risks MCI -4- • The funding model needs to consider lifecycle costs and be data driven • The data that would be used to develop the funding model was not clarified. Page 17 of the draft strategy summarizes a review of funding formulas used in other juristictions in the province and beyond. Unfortunately a preferred formula is not identified in the draft strategy as a result of this review. However, there are some take-aways identified: • A formula used in Nanaimo BC is referenced more than other formulas • The need for a formula that is fair to all communities is referenced • A solution that unfairly targets LSDs should be avoided City staff believe the referenced Nanaimo BC funding formula has similarities to our Fundy Region: • Multiple juristictions supply and use the referenced recreation facilities • The formulal appears to fairly redistribute taxpayer subsidization of the referenced recreation facilities based on usage levels After public release of the draft Strategy, the Working Group developed working funding formulas that could be applicable to the Fundy Region. Although there were variations of both, essentially two models were developed. The City staff representative on the Working Group developed one of the funding formulas. This formula can be described as follows: • The formula first calculates and adds up the net status quo taxpayer subsidization of all regional arenas (with the exception of Harbour Station given its cost sharing formula in the Regional Facilities Commission legislation). The net subsidization of each arena is calculated from: • Operations & maintenance costs related to service provided • A proportion of "normalized" lifecycle asset costs • Subtracting revenues generated from user fees • The formula also calculates the proportion of regional usage from each municipality and LSD • The formula then redistributes the total regional taxpayer subsidization responsibility between jurisdictions based on proportion of use and identifies if there is a net contribution due or owed based on comparison with status quo subsidization. • For anyjuristictions owed a contribution from others, the formula requires investment of a proportion of what is owed toward its arenas' Capital costs • City staff built some flexibility into the formula if required to build consensus such as: • Debiting any additional benefit received by taxpayers and/or users that are in proximity to an arena • The formula allows other weighted factors besides usage data to be considered `EI -5 - Another funding formula was developed by other members of the Working Group. This model can be described as follows: • The formula calculates a tax levy from each LSD without an arena • The levy is capped at 3 cents based on Provincial input and application elsewhere • Credit is given to LSDs for recreation spending, which equally reduces the levy below 3 cents • The formula then adds up the LSD tax levies and distributes to municipalities proportional to the number of arenas in jurisdictions • The formula obligates capital reinvestment of a portion of funding each municipality receives from the LSDs • The levy is intended to cover broader recreation services than just arenas City staff believed there was a fundamental difference between the two formulas. The formula the City representative developed provided a fair redistribution of taxpayer subsidization responsibilities whereas the formula developed by others only contemplated corrections in responsibility for a portion of the region (the LSDs). With the cross flow data available that demonstrated the City is also subsidizing town users, and the City's consistent believe in a regionally fair funding formula, staff could not support the formula developed by others. There was also not consensus with using the City's formula. The City representative on the Working Group continued to remain open to building consensus while adhering to the City's consistent Guiding Principles. The City representative developed a formula that combined philosophies of the two previous ones. There was some value in considering LSDs once and similar to other juristictions in the province given the need to involve the Provincial Department of Environment & Local Government. City staff was clear however that subsidization realignment based on usage between municipalities must be part of solution to remain aligned with City's consistent commitment to regional fairness. Unfortunately consensus on this combined formula was also not reached. A lack of clear regional consensus has been a significant issue in making substantial progress. As mentioned previously in this report, the draft Strategy released in the Fall did not propose a preferred funding formula and did not identify what data should be considered in developing it. When presented with the draft Strategy, the Councils of the region were asked to continue exploring funding formulas and to require its arena users to collect residency data. There was support for the two recommendations except for one municipality making their support contingent on support from all other partners and another municipality not approving the collection of user data. Staff also reviewed the minutes of Board meetings of the Regional Service Commission in relation to the Strategy; there were three received and filed updates to the Strategy and an approval to engage a consultant to assist with consultation sessions. `MN's -6 - Reliable data to use within a funding formula was another barrier to achieving regional consensus. There was only very recent unanimous support from municipalities to collect user data and there has been some concern over use of collected data from regional ice user associations. There are differences in how municipalities report on arena service and facility costs. A Regional Service Commission Board meeting scheduled for the morning of March 25, 2019 includes a report and recommendations relative to the Ice Strategy. This meeting would have been concluded when Common Council considers this report and recommendations. Staff attached the March 25 Commission report to this report. City staff agree with the report that regional data (such as usage and financial data) needs to be improved. Unfortunately, however, the report also makes references to data that is incomplete. The City's arena usage data is reported without regional context and all factors that will need to be considered to improve the quality of the data are not reported. City staff believe alternate resolutions to the recommendations in the report are required to advance regional consensus toward a finalized Ice Strategy. This conclusion is based on the following observations in reviewing the March 25 Commission report: • The contextual information in the report is incomplete • The two recommendations, proceeding with LSD resident contributions and finalizing contributions from municipalities, are independant and therefore are not aligned with a regionally fair solution • Recommendation 2 does not further regional consensus on a funding formula as it simply asks the municipal partners to continue working on it • Recommendation 2 would require continued investment of City resources without advancing consensus on a regionally fair formula. City staff would like to provide Council with context around the term "User Fees" that has generated a stigma in the region: Each municipality in the region charges user fees • The proportion of lifecycle costs paid by users and taxpayers is a reflection of value of public good received. The level of public good that justifies the degree of taxpayer subsidization in the place of full cost recovery from user fees may be perceived differently in each community. The City's Operating Budget Policy requires deliberate reflection in this regard with referencing full lifecycle costs. The term "Non -Resident User Fees" has its own stigma. However, non- resident user fees are used in other juristictions. Application by the City of Saint John would allow regional fairness to be achieved in the absence of regional co-operation and would not be intended to be punitive. `sr -1 -7- • Staff suggest Saint John Common Council could reconfirm its believe that a regional co-operative approach is preferred over non-resident user fees. Staff also point out that the resources Common Council has invested in the Regional Ice Strategy has demonstrated this belief. STRATEGIC ALIGNMENT This report aligns with Council priorities and policies: • Council's Financial Reponsibility priority related to revenue generation • Council's Operating Budget Policy • Council's commitment to Asset Management SERVICE AND FINANCIAL OUTCOMES The exact opportunities related to service and financial outcomes remain unconfirmed until agreement on a funding model is reached or implementation plan of Saint John's Plan B are detailed. In either outcome, the goal is to align taxpayer contributions with usage of regional arenas from each jurisdiction. ATTACHMENTS Ice Strategy report on March 25, 2019 Regional Service Commission agenda City Staff presentation slides for March 25, 2019 Common Council meeting Regional ice Strategy Update February 22nd 2019 Submitted by Nick Cameron Purpose Confirm commitment of Commission members to participate in a regional funding agreement process to avoid non-resident fees at arenas and keep access to arenas open to all residents in the Fundy Region. Findings of the Working Group A working group of representatives from across the region has been meeting since December 2017 to develop solutions that will improve access, usage and financial sustainability of our arenas. Their work has led to a number of solutions including consensus on: • Creating an allocation policy that prioritizes youth and improves gender equity in ice -sports. • Cooperation on facility rental pricing. • Creating a standing regional collaboration and oversight committee. • Avoid non-resident fees by offering communities without arenas access to recreation facilities, if they agree to contribute to their subsidization. A fair contribution that was generated was a property tax levy of 0.03 per $100 of assessment. By comparison, Saint John property tax payers subsidize recreation services and facilities by $0.114 per $100 of assessment. It was also agreed that communities without arenas that subsidize local recreation facilities, such as outdoor rinks or community centres, shall receive a credit that may reduce the levy to no less than $0.02 per $100 of assessment. The working group held a closing meeting with CAOs and DELG. An agreement could not be reached to address the crossflow of arenas users from service provider communities before the agreed deadline. Without an agreement, there is a risk of non-resident user fees being implemented at Saint John arenas this year. Therefore, it is recommended to engage an independent consultant to determine "mow • w.y w Definitions LSD: local service district FRSC: Fundy Region Service Commission CAOs: Chief Administrative Officers such as town managers, city manager DELL: New Brunswick Department of Environment and Local Government Service Providers: Communities which currently subsidize arenas through property taxes. Those communities include: • Town of Grand Bay -Westfield • City of Saint John • Town of Rothesay • Town of Quispamsis • Village of St Martins • LSD of Saint Martins Communities Without Arenas: Communities which do not currently subsidize arenas through property taxes. Those communities include: • LSD of Musquash • LSD of Petersville • LSD of Westfield • LSD of Greenwich • LSD of Kingston • LSD of Rothesay • LSD of Simonds • LSD of Fairfield any imbalance between service provider communities by analyzing usage, financial and census data. More details regarding these challenges and recommended solutions may be found below. iTiF:3 Challenges Subsidization of Arenas All public arenas are funded by two primary sources: rental fees and property taxes from the host community. One challenge has been striking a balance between the two sources so that property taxes and access to arenas remain affordable, and that arenas can be financially sustainable. In striking this balance, some New Brunswick communities have therefore decided to impose additional fees on residents of communities which do not subsidize arenas. Impending Non -Resident User Fees In Saint John, more than 30% of usage in their 5 arenas comes from non-residents. Some of this usage is from communities which do not subsidize arenas, but also from neighbouring communities with their own arenas. Saint John has stated that without a regional funding agreement, a new fee system shall be implemented by Fall 2019. The added fees for non-residents have yet to be determined. However, looking at a case study in Fredericton, the city has implemented a non-resident user fee of $890 per person, per sport. Arenas in Quispamsis, Rothesay, Grand Bay -Westfield and St Martins also demonstrate non-resident usage of 30%, suggesting there is significant crossflow in the Region. Comparing Crossflow and Level of Service Between Arenas When comparing the level of service being offered by each arena, many factors must be considered including condition of the facility, number of hours served, how many of those hours were paid, unpaid or shared by large groups (e.g. cross -ice hockey). Complicating matters are the differences in financial information such as accounting practices and capital investment strategies. Comparing all of these factors requires further analysis with appropriate expertise, such as financial accounting, asset management and service management. Over Supply of Ice There is currently a surplus of available ice -time, particularly within Saint John. Saint John's Recreation Plan (PlaySJ, 2015) and their infrastructure inventory plan (2010) both recommend rightsizing. In the 2017-2018 season, each of the 4 Saint John civic arenas provided just under 2,100 hours. Cumulatively, 3,300 hours were unused. Through the process this past year, several stakeholders have asked that this over supply of ice -time be addressed before a regional cost sharing agreement can be considered. 11,503.38 8201.34 4590.58 21010.5 1591.25 71.30% Utilization Report of .Saint John Civic Arenas for the 2017-2018 season. Camp Hours are unpaid hours that would include public free -skate, in-kind ice -time and refunded time. `§E'1 Hours Hours Revenue C;DMIPp Mairmt utilll ze fm .... 8yaliIG�,F��l� Used H GuTs.... Hours INGUTS % .... .... Ble[yrea Arena 2,,,875.,93 2,047'..25, 1,119.225 528.511 399..50 71.113% ...., ,431ormain Arena; 2 875.93 2,070 17 1,182.2:5 502.041 385.32.... 71.3 Hurley Arena 2 875.93 2.054 50 1,124.00 517.510 413.80.... 71.44 ...., Petr I Murray° Arena 2 875.93 2,028 42 1,174.08 462..511 332.113,,,,,,,, 70.57 11,503.38 8201.34 4590.58 21010.5 1591.25 71.30% Utilization Report of .Saint John Civic Arenas for the 2017-2018 season. Camp Hours are unpaid hours that would include public free -skate, in-kind ice -time and refunded time. `§E'1 Local Service Districts Representation The process up to now has lacked representation from the local service districts (LSDs). Unlike municipalities, LSDs do not have staff resources that can represent their community in meetings. Several calls were made to community members, including one member that participated for one meeting, but all candidates sited that they could not make the time commitment to participate on an on-going basis. New methods of LSD community participation must be included in steps going forward. Data Collection and Privacy Concerns It has been clear since the beginning of this process that verifiable data will be a key factor to ensure this process is fair and evidence based. Necessary data for this process has been postal codes of registered ice -sports participants. Sports organizations are responsible for protecting the privacy of their participants. They are therefore weary of requests to access this information. Consultation with the FRSC's lawyer has confirmed that sharing only postal codes is not considered personally identifiable information. Regardless, concerns and misunderstanding still exist among sports organizations regarding why this information is needed and how it will be used. Although many groups have cooperated, some responded that privacy concerns prevent them from sharing postal codes and other group simply have not responded. The City of Saint John has provided the most data through this process because they have been collecting this information for several years. This is a new practice for other service providers. Therefore, it is unrealistic to expect the same level of detail in their data after only the first round of collection. There is also a lot of confusion and misunderstanding among user groups, with whom cooperation is contingent to retrieve this data. Building trust with user groups and the public is essential, and cannot be rushed. We must allow for the proper consultation and communication process to listen to concerns and address them before an agreement can be decided upon. `MU Recommendations It is recommended that a regional funding agreement be implemented to avoid non-resident fees, so that all residents in the Fundy Region may continue to have healthy activity options through access to regional recreation facilities, such as arenas. Sufficient data has been collected to propose an offer of service to communities without arenas. However, further information gathering is required to determine the crossflow of users between service providers and any potential imbalance. Therefore, the process moving forward has been separated into two steps. Service providers are asked to agree to offer communities without arenas the same level of access to all recreation facilities as their own residents if communities without arenas choose to support those facilities through a levy of $0.03 per $100 of assessment. Those communities with local recreation spending may receive a credit, reducing the levy to no less than $0.02 per $100 of assessment. Funds generated by the levy shall be distributed to arenas based on usage data. The Commission shall begin consultation with stakeholder groups and the public, residents of communities without arenas in particular, regarding the proposed offer above. Feedback from these consultations will be sent to the Commission and Minister of Environment and Local Government for their consideration. Tentative Timeframe: April To facilitate this process, service providers are asked to agree to: o Make it mandatory for user groups to provide residency information (e.g. postal codes) of their participants in order to rent ice -time on an on-going basis: weekly or monthly. One-time bookings are excluded from this requirement. o Share collected residency information, ice -time schedules and financial information with FRSC. o Cooperate with regional partners on ice -time allocation and pricing; prioritizing youth and gender equity. o Address any oversupply of ice and optimize existing ice -time by utilizing early time slots and shared -ice whenever possible. 121 Confirm commitment of Commission members to provide a resource for the working group going forward in this process. Issue a request for proposal for a consultant to analyze the crossflow of arena users between service provider communities and compare the level of service offered by each arena. The consultant shall also develop a standard operating and capital cost per ice pad in its calculations. If an imbalance in service and usage is determined between service provider communities, the consultant shall recommend an appropriate funding formula to address the imbalance. Awarding a successful supplier for this work shall be decided at a Commission board meeting. Tentative Timeframe: April Findings of the consultant's report shall be considered at a Commission board meeting. Tentative Timeframe: May Begin decision-making process with local service districts through the Minister of Environment & Local Government. The estimated timeframe to conclude both steps and the decision-making process for an agreement is July 2019 `W `P491 Agenda Ice Strategy: Its Purpose regional.1/3 of Saint John arena users are ,* More residents from each town and LSDs use city arenas 4,. WO -1 ra r7 e:� I� a �J —'vii" e ��1i lieMcl ids_ isparrnsGs M LSIDI �s and V'ullllage `t. Marmi ns Note: regional data quality requires improvement (P SA1N'IJOHN Ice Strategy: How Did It Happen? Funding formula should be fair, data driven, sustainablefinancially Funding formulas options but no preference Municipalities ;! collect residency data and continue to explore funding formula zmmzra IMP. Fundy Region ke Strategy Revmon Cate: November 141" 2018 (P SA1N'IJOHN Seeking Regional Consensus Funding Formulas Developed by Working Group Challenges with Securing Accurate Data March 25 Commission Board Report Conclusions from March 25 Commission Report Stigma of Term "User Fees" Recommendations Budget Simulator - Publij Engagement City i John Long Term Financial Plan (P - Ater JOHN Budget Simulator —Public Engagement for the LTFP • Best Practice in Long Term FinancialPlanning • Public input on fundingi i i inform strategici iCity • Opportunity engage with the Public: • Provide information about the City's current service levels • Obtain feedback on how taxpayers prioritize City services • Share the experience of balancing the budget (P SAINT JOHN Long Term Financial Plan (p SAINT JOHN How to complete your budget e V"Is'It our webs'Ite — www.saintjohn.ca https://cityofsaintiohn.budgetsimulator.com/ The Office of the Common Clerk, 8th Floor (P SAINT JOHN Next Steps / Timeline March 25 Presentation to Common Council March 25 Simulator Goes Live April 11 Simulator Closes End of Q3 Long Term Financial Plan Released Demonstration of Budget Simulator MIIII MN 1 41 COUNCIL REPORT M&C No. 2019-55 Report Date March 18, 2019 Meeting Date March 25, 2019 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Engineering Services — Musquash Water Pumping Station Upgrades OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Susan Steven -Power Brent McGovern/Brian Keenan John Collin RECOMMENDATION Notwithstanding the City's Procurement Policy for Engagement of Professional Services, it is recommended that Common Council authorize staff to conduct direct negotiations with CBCL Limited to carry out engineering services for the Musquash Water Pumping Station Upgrades project. EXECUTIVE SUMMARY The purpose of this report is to request that Common Council authorize staff to conduct direct negotiations for the engagement of CBCL Limited to carry out engineering design services for the Musquash Water Pumping Station Upgrades project. PREVIOUS RESOLUTION July 30, 2018; 2019 Water & Sewerage Utility Fund Capital Program Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. `[193 -2 - REPORT BACKGROUND The Musquash Water Pumping Station is a critical piece of infrastructure located in the East Musquash Watershed. It has existed in its current location on the shoreline of the East Branch Musquash Reservoir since the early 1970s and the site currently floods on a regular basis. The station is used to supplement the available water in Spruce Lake. Spruce Lake is the only water source for West Side industrial users and also provides a backup drinking water supply for West Side residential customers. In 2013 the City commissioned CBCL Limited to complete a facilty assessment and preliminary design for upgrades at the Musquash Water Pumping Station. As a result of the facility assessment, one of the key recommendations was that a new electrical substation be constructed and that it be moved to a higher elevation in order to reduce the risk of flooding. The detailed design and construction management of the new electrical substation was awarded to CBCL Limited. This project is currently under construction, with an anticipated completion date of June 2019. Another key recommendation from the facility assessment report was to upgrade the Musquash Water Pumping Station itself. As the building envelope was in relatively good shape, the recommendation was made to construct a new concrete floor inside the building higher than the existing floor which would essentially raise the elevation of the pumping station while still using the existing building and pump intakes. The building envelope would be modified and the existing piping and equipment would be upgraded and installed at the higher floor elevation. This would reduce the risk and impacts of the seasonal flooding from future flood levels. ANALYSIS Typically, the Request for Proposal method requires a period of 7 to 8 weeks for each substantial project. Direct Engagement provides the City the opportunity to identify consulting firms best equipped to complete the designs in a timely manner and significantly reduces the administrative time which is inherent with a traditional call for proposals. The direct engagement process also affords the City staff to fine-tune the details of the engagement in order to achieve the best value for money for the City. CBCL Limited has an extensive knowledge and understanding of the facility due to their previous assessment of the Musquash Water Pumping Station and Electrical Substation. They have also completed a preliminary design of the Musquash Water Pumping Station Upgrades. The detailed design work for this project is an extension of the work previously completed by CBCL Limited to date `[Ell on this project, therefore, it would be most efficient and effective for CBCL Limited to continue with this work. Staff has considered work previously completed by CBCL Limited and is confident in their ability to successfully carry out the work on this critical and complex project. Provided an acceptable agreement can be reached with CBCL Limited, a subsequent report will be submitted to Council identifying the negotiated fee for the engineering services required and requesting Council's approval to engage CBCL Limited. The negotiations would proceed as follows: A detailed scope of work would be developed by staff for this project and, based on this scope of work, CBCL Limited would be required to submit their proposed project team, work plan, schedule and a fee to complete all the work identified. Staff would then review their submission and evaluate the proposed fee for the project. Staff would then seek to settle on an acceptable fee with the consultant for submission to Council. Should staff be unable to reach an acceptable agreement with CBCL Limited, staff would report back to Council and seek approval to negotiate with an alternative consultant for the project or to implement a public call for proposals. SERVICE AND FINANCIAL OUTCOMES An amount of $450,000 is included in the 2019 Water & Sewerage Utility Fund Capital Program for floodplain mapping and engineering design services for the Musquash Water Pumping Station Upgrades project. Partial funding for this project is proposed to come from the National Disaster Mitigation Program (NDMP). This funding program supports projects that will lessen and/or eliminate the effects of rising flood levels through informed mitigation efforts. It is important that we are prepared to commence the project in early April 2019 utilizing the funds from the Utility Share of the 2019 Capital Program as the National Disaster Mitigation Program Contribution Agreement stipulates that in order for costs to be eligible under the NDMP, the costs must be incurred between April 1, 2019 and March 31, 2020 meaning that the design work must be completed before March 31, 2020 which will be challenging for this complex project should there be any delays in commencing the engineering design work. Engineering fees to cover the costs of design generally do not exceed 10-15% of the total overall project cost, depending on the nature of the project and the engineering services required. The costs incurred by the Consultant would be paid in accordance with the terms of the Request for Proposal at the rates submitted and accepted in the Consultant's proposal not to exceed the -4 - Recommended Minimum Hourly Rates as contained in the Association of Consulting Engineering Companies — New Brunswick fee guidelines. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The engagement process and recommendation has been reviewed with Materials Management and the City Solicitor. ATTACHMENTS N/a M111.1 1 41 COUNCIL REPORT M&C No. M&C 2019-65 Report Date March 13, 2019 Meeting Date March 25, 2019 Service Area Growth and Community Development Services His Worship Mayor Darling and Members of Common Council SUBJECT: One Stop Development Shop Customer Service Enhancement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jacqueline Hamilton Jacqueline Hamilton John Collin Amy Poffenroth Phil Ouellette RECOMMENDATION Receive and file this update on planned customer service enhancements to the City's One Stop Development Shop, proposed as a priority deliverable for the City's Growth & Community Development Services in 2019. EXECUTIVE SUMMARY The purpose of this report is to update Common Council on planned enhancements to the customer service experience provided by the City's One Stop Development Shop housed within Growth & Community Development Services. Accelerating growth of the City's tax base is critical to addressing Saint John's financial challenges and ensuring long term prosperity. The customer service provided by the City's One Stop Development shop is a key contributor to improve investor confidence and support tax base growth. Working together with DevelopSJ, the recommended customer service enhancement plan will be delivered as a priority City initiative in 2019, taking customer service to the next level and delivering a best in class solutions -oriented customer service model to drive smart growth. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT [N/ -2 - Common Council has adopted a set of Council Priorities: 2016-2020 and under the heading of "Growth and Prosperity," the following is stated: "Saint John is recognized by residents and businesses as a positive and supportive city. We grow in a smart way and attract talent, innovation and opportunities so all people can thrive." Accelerated growth is needed to address the financial challenges facing the City. Customer service excellence and the ease of development approvals is an important contributor to the City's ability to attract investment and achieve tax based growth. REPORT The purpose of this report is to update Common Council on planned enhancements to the customer service experience provided by the City's One Stop Development Shop housed within Growth & Community Development Services. Accelerating growth of the City's tax base is critical to addressing Saint John's financial challenges and ensuring long term prosperity. The customer service experience provided by the City's One Stop Development shop is a key contributor to improve investor confidence and support tax base growth. Context: One Stop OeveioP ent Shop Customer service Improvement Under Council's direction, the City has demonstrated strong leadership in transforming its building and development approval services into a customer focused One Stop Development Shop. Key highlights the major improvements realized over the past five years, based upon significant client engagement include: • One Stop Shop implemented transformational & structural change bringing staff under one roof • Defined customer service role as "Facilitators vs Regulators" and implemented 40 plus service improvements to eliminate red tape and streamline approvals and value added services to our clients • KPIs established that drive performance & efficiency • Modernized suite of development bylaws adopted to support smart growth • Initiation of Heritage Bylaw/ Neighbourhood Plan to catalyze growth • Developed a suite of incentives to support urban development and heritage reinvestment • Completed (3) continuous improvement projects to improve efficiencies during the permit intake process, move to digital notification of planning applications, and enable a streamlined heritage approvals. • New organization, DevelopSJ has been created to drive tax base growth and will play an important role in attracting and supporting investors working in collaboration with Growth & Community Development Services. 8[111:3 -3 - While the City has improved its service over the past five years, there continues to be challenges experienced by our clients navigating the City's One Stop Development Shop and potential areas of improvement: • Customer resolution remains siloed, and customers are having an inconsistent experience. Escalation is not streamlined and accessing various parties. • Lack of formalized customer feedback system to track customer satisfaction levels (beyond efficiency metrics). • Development processes need to be clear and solutions oriented. The lack of clear expectations is causing frustration and costly resubmissions. In some cases, expectations may not always be reasonable. • Perception is reality — negative experiences can undermine the City's reputation and investment attraction efforts. Working together with DevelopSJ, the recommended customer service enhancement plan to be delivered as a priority City initiative in 2019 will take the customer service offered at the One Stop Development Shop to the next level and deliver a best in class solutions -oriented customer service model to drive smart growth. 2019 Work pian: One Stop Development Shop Customer Service Improvement Growth & Community Development Services have identified the need to proactively implement customer service improvements to continually improve the City's One Stop Development Shop and provide valued services to the City's development clients. The recommended improvement plan will focus on three areas: 1. Fostering a customer centric culture; 2. Removing barriers and incentivizing smart growth; and 3. Improving our processes to reduce red tape and costs. Some improvements can be actioned immediately as short term wins; others require policy or bylaw changes or more robust process improvement. Priorities will be established working collaboratively with DevelopSJ and our development clients and include the following customer service improvements for 2019: 1. Effective immediately, introduce a Manager of Customer Service Operations for the One Stop Development Shop. This role, originally conceived with the One Stop Development Shop model, will be front facing and charged with ensuring seamless customer service experience, providing a single point of contact for the customer to troubleshoot issues, facilitate solutions and roll out customer improvements. This `[�7 -4 - position will work with a quick reaction team to resolve customer issues & drive improvement. This position will be filled as a secondment opportunity within existing establishment. 2. Deliver a program of customer service training for frontline staff to continue to build and strengthen competencies around customer service excellence and equip staff with skills needed to navigate the important roles of facilitating solutions. 3. In collaboration with DevelopSJ, host engagement sessions with our respective teams and developer / client focus groups to understand pain points for clients, yield and test ideas for improvement and set priorities in terms of implementing customer service process improvements. 4. Action short term customer service improvements including up to 10 "just do it" initiatives that will cut red tape and add value for clients. The identification of priorities will be based on client engagement feedback. Engagement sessions will be held with staff to identity "just do it" improvements that can be implemented to cut red tape or costs and add value for clients. The list will include improvements such as streamlining of heritage approvals to reduce timeframes for minor renovations and phased permits for site or infrastructure improvements to enable construction projects to move forward faster. 5. Facilitate the adoption of the Neighbourhood Plan for the Central Peninsula and new Heritage Bylaw and related Zoning Bylaw amendments that will be transformational in improving clarity and investor confidence, driving growth and removing unnecessary red tape or regulatory barriers to drive urban density and allow for more flexibility for development in heritage areas and clear guidelines for infill development creating more predictability for investors to unlock development potential for Central Peninsula. Implement enhanced incentive programs to build momentum with these changes. 6. Deliver process improvements to enhance the planning and infrastructure processes to ensure an efficient and effective process for clients. Focus will be to review these processes to remove barriers, improve predictability, and create new value added tools to achieve outcomes while reducing costs for industry. The customer service enhancement plan for the One Stop Development Shop will be a priority initiative for Growth & Community Development Services in 2019. The next steps include updating Council at its March 25 meeting and moving forward the engagement sessions with Developers and clients to seek feedback on pain points and areas of improvement. Growth Committee and Council will be updated at key milestones in the delivery of this plan. -5 - SERVICE AND FINANCIAL OUTCOMES The intended outcomes of the City of Saint John's growth -related efforts and investments are to achieve new levels of employment, population and tax base growth. The plan will be resourced within the City's current operating budget for 2019. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The customer service enhancement plan for the One Stop Development Shop has been designed to address previous feedback from clients; improvements will be delivered in partnership with DevelopSJ and staff throughout the organization involved in the development process. The plan will be prioritized on the basis of improvements that yield the maximum impact for our customers to drive growth outcomes. ATTACHMENTS Power Point Presentation: One Stop Development Shop Customer Service Enhancements 151 MiMpAg X, =T "I'll" I f March 21,20 19 (P. Growth Committee SAINT10141 iW Presentation Outline What are the drivers for improvement? MV core to our service role as facilitators of smart growth. One Stop Development Shop —What are the areas of improvement? One Stop Development Shop — Where do we want to be? Plan for Customer Service Enhancement Plan for Customer Service Enhancement Plan for Customer Service Enhancement Recommendation & Next Steps 162 SAINT JOHN 1 41 COUNCIL REPORT M&C No. 2019-64 Report Date March 20, 2019 Meeting Date March 25, 2019 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Winter Asphalt Maintenance OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Jeff Hussey/ Amy Dobson Michael Hugenholtz John Collin RECOMMENDATION It is recommended that this report be received and filed by Common Council. EXECUTIVE SUMMARY During a winter, such as this, where the City experiences large temperature fluctuations, potholes become a common hazard on our streets that affects the travelling public. They are not only an inconvenience to citizens but also can create a safety hazard and potential for property damage. The purpose of the following report is to inform Council on how potholes are formed, the different types of surface defects, the materials used to maintain them, and the maintenance programs utilized in combatting them. PREVIOUS RESOLUTION REPORT A pothole is a structural failure in a road surface due to water in the underlying soil structure and traffic passing over the affected area. Water first weakens the underlying soil; traffic then fatigues and breaks the asphalt surface in the affected area. Potholes can grow to several feet in width, though they usually only develop to depths of a few inches. Two factors are always present in such a failure: traffic and water. `W -2 - The mechanism that creates a pothole includes: • Snow -melt or rain seeps through cracks in the pavement and into the sub -base; if the moisture cannot drain away from the sub -base and soil underneath, it becomes saturated and soft. This is typically because the soils are frozen in the winter. This is why we tend to see an increase in potholes during the winter months. • Trapped moisture is subjected to repeated freeze/thaw cycles and with each occurrence the expanding ice lifts and cracks the pavement more. The passing traffic weakens the pavement, cracking it further. • As temperatures rise and the ice melts, voids are left in the pavement. This void collects more water, and during the next freeze, the void will enlarge. • Vehicles driving over the weakened pavement further deteriorates the surface until it fails even more, thus creating a pothole. What affects pavement life? Pavement life is influenced by many factors: vehicle loading (axle loads, tire pressure and gross vehicle weight), traffic volume and mix, environmental conditions, topography, subgrade condition, initial pavement design and construction practices, maintenance activity and pavement age. In areas such as ours that are subject to freezing and thawing, frost heaving can damage the pavement and create openings for water to enter. During the Spring thaw and mid -winter thaws, the thawing of the sub soils accelerates this process. When the thawing of upper portions of the soil structure in a road cannot drain past still -frozen lower layers, thus saturating the supporting soil and weakening it. The decision and capability to patch potholes is influenced by: severity (priority) of the pothole; current weather; traffic conditions; major maintenance work or utility work in the roadway; availability of personnel, equipment, and materials, and the demands of the travelling public. Types of Surface Defects: Delamination Delamination is a failure mode that occurs in layered materials. With respect to roads it refers to the loss of an area of the wearing course layer (top most layer, typically 1.5 inches), usually in conjunction with a clear delineation of the wearing course from the layer below. This is a clear sign of not having an adequate bond between the two layers. These types of defects cannot be repaired during the winter months. `[:�I -3 - Pothole Potholes are bowl -shaped holes caused by the localized breakdown of the pavement surface. Potholes typically result from the continuous cycle of thawing and freezing. Poor mixtures and weak spots in the base or subgrade can accelerate pothole failures. Alligator Cracking Potholes can form progressively from fatigue of the road surface which can lead to a precursor failure pattern known as alligator cracking. Eventually, chunks of pavement between the fatigue cracks gradually work loose, and may then be plucked or forced out of the surface by continued wheel loads to create a pothole. This is a sign of deterioration or failure of the sub -base soils layer. Generally when this type of defect is present that section road may be beyond preventative maintenance and will require full depth repair. Seam Separation Longitudinal cracks occur parallel to the centerline of the pavement. They can be caused by: a poorly constructed joint; shrinkage of the asphalt layer; cracks reflecting up from an underlying layer; and longitudinal segregation due to improper paver operation. These cracks are not load -related. These typically can be maintained through a preventative maintenance program commonly known as crack sealing. These types of defects cannot be repaired during the winter months. Materials Asphaltic patch materials consist of a binder and aggregate that come in two broad categories, hot mix and cold mix. Hot mixes are generally used in warmer months and are produced at local asphalt plants. The cold mix used by the City is called EZ Street. It is a polymer -modified cold asphalt designed to temporarily repair potholes, utility cuts, and edge repairs in asphalt or concrete, when properly installed. The polymers that are added to the cold mix are designed to keep the asphalt pliable in sub -zero temperatures. The addition of aggressive compaction activates the cold mix and hardens the material. It is noteworthy that with successive freeze and thaw cycles the material may eventually fail and thus the repair will need to be revisited. Repair Pothole patching methods may be either temporary or semi-permanent. Temporary patching is reserved for weather conditions that are not favourable to a more permanent solution and usually uses a cold mix asphalt patching compound placed in an expedient manner to temporarily restore pavement smoothness. `W -4 - Semi -permanent patching uses more care in reconstructing the perimeter of the failed area to blend with the surrounding pavement and usually employs a hot - mix asphalt fill above replacement of appropriate base materials. The City has the capability to make hot mix during the winter months with our recycler and tumbler. These units can make small batches of hot mix recycled from a pile of virgin asphalt that is stored at our Bay Street facility. This material can be used when the conditions are dry, i.e. the pothole is not full of water, and the pothole is of adequate size. Priorities Surface maintenance defects are reported from the public either through our customer service line or our risk management department. Additionally, the crews are out and visually inspecting our network of streets for any surface defects and will report them back to their supervisor. All requests for service, whether initiated internally or externally, are inspected and prioritized based on the criteria below: Critical: • Major Pothole >4" x8" x4" deep Urgent: • Pothole < 4" x 8" x 4" deep Important: • Major potholes in driveway aprons at the edge of a road Minor: • Minor potholes in driveway aprons at the edge of the road During the winter maintenance program, there are a number of other tasks that compete for limited resources. The main focus of the Transportation & Environment team is plowing snow from City streets and sidewalks. In addition crews are busy doing equipment maintenance, cutting ice, and dealing with winter drainage issues. The latter has been particularly challenging this year due to the amount and frequency of rain events. This has eroded our capacity to address potholes on a timely basis. Ashpalt Programs The City of Saint John has many maintenance programs for asphalt repairs. The type of surface defect and the time of year will determine how and when the defect can be addressed. The Winter Asphalt Maintenance Program is focused on identifying priority potholes and addressing them as resources and weather conditions permit. This program is not able to rectify surface defects such as delamination, alligator -5 - cracking or seam separation. The only surface defects that can be maintained during the winter months are potholes. During the Spring Blitz Program, the City makes a consolidated effort to address any potholes throughout city. The entire asphalt department puts on hold all other asphalt work, such as the overlay program and driveway apron reinstatements, until they have addressed all outstanding potholes city wide. Other surface defects, such as delamination, alligator cracking and seam separation, cannot be done at this time. The material needed for these repairs is called sand seal and the required pavement temperature to be at least 15 degrees Celsius. Once the weather allows the asphalt temperature to remain above 15 degrees Celsius, the City will start their Sand Seal Blitz. This program will allow the City to address any delaminations and other surface defects. This typically starts at the end of June or beginning of July. All other surface defects are maintained throughout the construction season. These requests are prioritized and planned in the work schedule for the Surface Maintenance Department. With the exception of seam separation, all other surface defects are maintained through the Surface Maintenance Department. Seam separation is a stand alone program that is currently contracted out on an annual basis. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES Asphalt pavements, and concrete curb and sidewalks are essential infrastructure which directly impacts the quality of life in our community. Roadway infrastructure is important to the economic health of the community and citizens expect these assets to be maintained to an acceptable standard. Proper and timely maintenance of all roadway assets will ensure public safety, extend service life of the asset, and achieve best value for the investment. We have purchased 140 tonnes of cold mix at a cost of approximately $28,000 and have used approximately 55 tonnes of recycled hot mix. `ff- A -6 - The pothole count (as of March 19) includes the potholes where we have been back several times. Most days crews would be placing cold mix asphalt and making use of the recycled asphalt capability. As temperatures start to warm up and there is additional meltwater in the potholes, we rely more heavily on the cold mix patching as it is less sensitive to wet conditions. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Continued support from our citizens to assist us with our pothole patching program by calling our Customer Service line at 506-658-4455 to inform us of the location of the pothole. ATTACHMENTS Winter Pothole Maintenance (Presentation) 1 itions fects . ................................ ..,,, .......................... MRSUP-MOrzMamr-11, F, MAI a I sm." I Failure of the bond betweer the layers 3990 I on Bowl shaped hole penetratin all layer of asphalt ADMI'd MOM [6111tel Ml MUM MI 171 & SMNT JOHN fects . ................................ ..,,, .......................... • • cracking on the surface Fatigued • • loose and eventually create a pothole Cannot be maintained during the winter • and will require overlay or full -depth • in construction season 172 & SMNT JOHN fects alt Life? alt Life? m}. � \d � : address Potholes ............................ 181 & SMNT JOHN 1 41 COUNCIL REPORT M&C No. 2019-058 Report Date March 18, 2019 Meeting Date March 25, 2019 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous buildings at 149 Broad Street (PID 00000604) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rachel Van Wart J Hamilton /A Poffenroth John Collin RECOMMENDATION RESOLVED, that the buildings located at 149 Broad Street, PID# 00000604, are to be demolished as they have become a hazard to the safety of the public by reason of dilapidation; and BE IT FURTHER RESOLVED, that said buildings are to be demolished as they have become a hazard to the safety of the public by reason of unsoundness of structural strength; and BE IT FURTHER RESOLVED, that one or more by-law enforcement officers appointed and designated under the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law are hereby authorized to arrange for the demolition, in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued in 2017 under Section 190 of the Municipalities Act (now Part 13 of the Local Governance Act) for the buildings located at 149 Broad Street. The hazardous conditions outlined in the Notice have not been remedied by the owner within the required time frame as set out in the Substandard Properties Appeal Committee Decision dated September 29, 2017 and staff is looking for authorization from Council to arrange the demolition of the buildings. -2 - PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 149 Broad Street have revealed that there are two buildings on the premise; a detached single -storey shed located at the rear of the property and a large three-storey, brick housing complex, The Courtenay House, constructed in the late 1800s. Staff first became aware of the property's vacancy in December 2013 and began standard enforcement procedures. The property is located in an urban center residential neighborhood and is zoned as a neighborhood community facility in the City's South Central Peninsula. The buildings are a hazard to the safety of the public by reason of being vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Report, a Notice to Comply was issued on August 15, 2017 and was posted to the building on August 17, 2017 as per section 132(3) of the Local Governance Act that outlines acceptable methods of service. When the Notice was issued, the Certificate of Registered Ownership listed two individuals as the owners; however on September 19, 2017, title changed to only one of the two previous owners. The Notice provided the owner with 60 days to remedy the conditions at the property. The owner subsequently filed a Notice of Appeal, with a Substandard Properties Appeal Committee Hearing occurring on September 29, 2017. As per the attached Appeal Decision, City staff agreed to an extension and a number of conditions with intermittent deadlines, with the final completion deadline of January 31, 2019. A building permit was issued on December 19, 2017 for interior demolition only. A permit application for renovations has not been received by this department to date. Within the past year, the property owner has attempted to obtain investors to renovate the building and has had numerous correspondences with City Planning and Building staff. The final deadline of January 31, 2019 as outlined in the Appeal Decision of September 29, 2017 has now expired, requiring staff to pursue further enforcement action. The Table below details the conditions outlined in the Substandard Properties Appeal Committee Decision and an update as to if these conditions have been met, many of which, have not. Substandard Properties Appeal Committee City of Saint John Update: Decision conditions as per page 7 a.) The Appellant shall submit his permit application and repair plan in sufficient time to allow for approval by the City by 31 January 2018. Building Permit 17-1385 was applied for on December 14, 2017 for interior demolition only. A permit application for renovations has not been received by this department. `E:ic3 b.) The Appellant shall provide monthly progress updates to the City, on the last day of each calendar month, from the date of this Decision until the permit application and repair plan are approved by the City, or until 31 January 2018, whichever is later. -3- Verbal updates were received that professionals had been hired and were working on the project with plans in place. c.) The Appellant shall complete all repair- Incomplete. An exterior inspection was related remedies by 31 January 2019. completed on February 26, 2019. Partial interior demolition has been completed. A large pile of debris remains in the left side vard. d.) Between the date of approval of the permit application and repair plan, and the completed of all repair -related remedies on or before 31 January 2019, the Appellant shall provide progress updates to the City on the following dates: i. 30 April 2018 ii. 31 July 2018 iii. 31 October 2018 iv. 31 January 2019 e.) From the date of this decision until the completion of all repair -related remedies, the Building is to remain secure at all times. f.) From the date of this decision until the completion of all repair -related remedies in the event the Building sustains a fire, break-ins or other acts of vandalism, the City shall have the right to take enforcement action as necessary. g.) In the event the Building significantly deteriorates any further, the City shall have the right to take enforcement action as necessa The following verbal updates were received: • March 2018 — An architect was hired and crews were scheduled to begin work, however they were waiting for better weather. • May 2018 — Investors visited from out of town and City staff met with them to explain enforcement procedures. • June 2018 — The investors backed out, but City staff was assured that there was new funding for the project. • August/ September 2018 — A new investor discussed project with City planning and building staff. They did not pursue the protect further. Numerous windows were found open and broken during the February 26, 2019 inspection. No fires were sustained. No Police reports on file. Conditions have worsened, given the partial interior demolition. A compliance inspection was conducted on February 26, 2019 which revealed that since the Notice was issued, partial interior demolition has been completed however nothing more. A dumpster and a large pile of debris remains piled at the left side of the building. Therefore conditions which gave rise to the Notice have worsened since the Notice was issued in 2017. `E:il -4 - Attached for Council's reference is the Notice to Comply that was issued and the affidavit attesting to service. Also included are photographs of the building. The Local Governance 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 or unsoundness of structural strength, 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 buildings' vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letter advising of the Common Council Hearing date and outlining Appeal Decision conditions and updates is attached; it was posted to the building on February 27, 2019, was sent to the property owner via email and via registered mail. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. SERVICE AND FINANCIAL OUTCOMES As is written in the Local Governance Act that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at the property. Total cost of the demolition work is approximated in excess of $125,000. Upon approval of staff recommendation, staff will seek competitive bidding in accordance with the City's purchasing policy which requires an Advertised Tender. Staff will then return to Common Council on April 23, 2019 with the Tender results and recommendation for award of contract. The cost of the work will be billed to the property owner and if left unpaid, it will be submitted to the Province with a request for reimbursement. Note: The property is currently assessed at $32,000 as per the Service New Brunswick Land Registry. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. liF-117 -5 - ATTACHMENTS Notice to Comply Affidavit of Service - Notice to Comply Appeal Decision Notice of Common Council Hearing Letter Affidavit of Service - Notice of Common Council Hearing Letter Photos `E:i.1 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF THE BSIL DINN THAT IS LOCATED AT SAINT JOHN, NB. ( I'ID IlUrnber_ AFFIDAVITOF SERVICE —,of Saint John, N.B., Make Oath Arid Say As Follows. 1. 1 am employed by]"he City of'Saint John in its Growth and C011111lUnity Development Services Department. I have personal knowledge of tile matters herein deposed except where otherwise stated, 2. On>4coN Ipo,steda at approximately copy of tile attached Notice of Common Council Hearing Letter, rliarked Exhibit "A" to the front door of the building that is located at Saint John, N.B. Sworn To before me at tile City of Saint John, NB., on the 21-7-4-- day ofmm ' 2019 ... ................ C EL A VAN WART' COMMISSIONER OF OATHS MY COMM ISSION EXPIRES DECEMBER 31s', 2022 187 February 27, 2019 Case Number: 13-674 2"U"ay4w Mr. Lang Lee 38 William Street Guelph, ON NIE 5E3 Buildings and inspection Services / Services dinspection et des bfitiments Pbone / Tkl: (506) 658-2911 Fax / T06c: (506) 632-6199 'I'hils is E*1 bit Refenred to in the Affid,aAt of befom e at the City of Saint John, New Brunswick the *2-4- day of ":F Dear Mr. Lee, NOTICE OF COMMON COUNCIL HEARING R -E' 149 Broad Street, Saint John, New Brunswick PID# Hilt 003 Please be advised that the Notice to Comply that was issued for the above noted property pursuant to the Saint John Unsightly Premises antl Darig6prous Buildings and Slrucfures,Ry�-J"� on August 15, 2017 has expired. The conditions outlined in the Appeal Decision pursuant to the September 29, 2017 Substandard Properties Appeal Committee Hearing by Brian Maude have not been met. Enclosed for your reference is a copy of the Substandard Properties Appeal Cornmittele Decision dated September 29, 2017. Therefore, the City of Saint John will be pursuing further enforcement action- City Staff will be attending the Common Council meeting scheduled on March 25, 2019 at 6.00 p.m. to recommend that the building be demolished as it has become a hazard to the safety of the public by reason of dilapidation and by reason Of Unsoundness of structural strength, Please be advised that at this meeting, you can present evidence that the building is not dilapidated or structurally unsound; however, note that this meeting will be your only opportunity to do so, The Table below details the conditions outlined in the Substandard Properties Appeal Committee Decision and an update as to if these conditions have been met, many of which, have not. Substandard Properties Appeal CommitteeCity of Saint 3— U ohn --p- --- d—ate: Decision conditions as 1!er eage 7 1 a.) 'I"he Appellant shall submit his permit application and repair plan in sufficient time to allow for approval by the City _y.jl January 018, SAINT JOHN Building Permit 17-1385 was applied for on December 14, 2017 for interior demolition only. A permit application for renovations has not been received by this denartment. RO, Box 1971 P. 197'1 Saint l01 -in, NB Saont Mw), N,,8. Canada MAL] Canada E&41 www.san'Aphn.ca Im Buildings and Inspection Services / Services Winspection et des biitiments Phone / Tel: (506) 658-2911 Fax / T61ec: (506) 632-6199 b.) The Appellant shall provide monthly Verbal updates were received that professionals progress updates to the City, on the last had been hired and were working on the project day of each calendar month, from the with plans in place. date of this Decision until the permit application and repair plan are approved by the City, or until 31 January 2018, whichever is later. c.) The Appellant shall complete all Incomplete. An exterior inspection was repair -related remedies by 31 January completed on February 26, 2019. Partial 2019. interior demolition has been completed. A large pile of debris remains in the left side yard. d.) Between the date of approval of the The following verbal updates were received: permit application and repair plan, and . March 2018 — An architect was hired the completed of all repair -related and crews were scheduled to begin remedies on or before 31 January 2019, work, however they were waiting for the Appellant shall provide progress better weather. updates to the City on the following . May 2018 — Investors visited from out dates: of town and City staff met with them to L 30 April 2018 explain enforcement procedures. ii. 31 July 2018 • June 2018 — The investors backed out, iii. 31 October 2018 but City staff was assured that there iv. 31 January 2019 was new funding for the project. • August/ September 2018 — A new investor discussed project with City planning and building staff. They did not pursue the project further. e.) From the date of this decision until the Numerous windows were found open and completion of all repair -related broken during the February 26, 2019 remedies, the Building is to remain inspection. secure at all times. f.) From the date of this decision until the No fires were sustained. No Police reports on completion of all repair -related file. remedies in the event the Building sustains a fire, break-ins or other acts of vandalism, the City shall have the right to take enforcement action as necessary. g.) In the event the Building significantly Conditions have worsened, given the partial deteriorates any further, the City shall interior demolition. have the right to take enforcement action as necessary. Buildings and Inspection Services / Services d'inspection et des bitiments Phone / TO: (506) 658-2911 Fax / Te'lkc: (506) 632-6199 Please do not hesitate to contact nine at 658-2911. W= Raciiel Van Wart, EIT Technical Services Officer Enclosure 190 iM9 Brian Maude Suite 300 — 85 Charlotte Street Saint John, New Brunswick E2L 2J2 Friday, 29 September 2017 Office of the Common Clerk, City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Attention: Jonathan Taylor, Common Clerk RE: Saint John Substandard Properties Appeal Committee Appeal File No. 2017-03 Lang Lee & Ilir Loka v. The City of Saint John Hearing: Friday, 29 September 2017, 10:00 a.m. Dear Mr. Taylor, Enclosed please find my Decision and Statement of Account for services rendered with respect to the above -noted matter. Kindly attend to providing a copy of the Decision to the Parties. Thank you for allowing me to assist you in this at r. Should you have any questions or concerns, please do not hesitate to contact me and. I femain. truly, aii �V crude ect line: 506-658-3020 191 FILE: 2017-03 IN THE MATTER OF AN APPEAL pursuant to section 190.01(2) of the Municipalities Act, R.S.N.B., 1973, e. M-22 and pursuant to section 26(1) of the Saint John Minimum Property Standards By --Lain, No. M-14 BETWEEN: LANG LEE & ILIR LOKA Appellants — and — THE CITY OF SAINT JOHN Respondent DECISION OF THE SAINT JOHN SUBSTANDARD PROPERTIES APPEAL COMMITTEE Parcel Identifier Number: 00000604 Parcel Address: 149 Broad Street, Saint John, New Brunswick Registered Owners: Lang Lee & Ilir Loka Hearing date: Friday, 29 September 2017 192 The Parties 1. The Appellants, Lang Lee and Ilir Loka, (the "Appellants") were the registered owners of a property located at 149 Broad Street in Saint John, New Brunswick (the "Property"), having the Property Identification Number of 00000604. As a result of a property transfer registered on 20 September 2017, Mr. Lee is the sole remaining registered owner of the Property. However, both individuals appeared in person at the hearing and made submissions. 2. The Respondent, the City of Saint John, was represented by Rachel Van Wart, EIT, a Technical Services Officer, and Amy Poffenroth, P. Eng., a By-law Enforcement Officer (together, the "City Officers"). The Property 3. Pursuant to subsection 190.01(3) of the New Brunswick Municipalities Act, R.S.N.B. 1973, c. M-22, as amended, (the "Act'), a Notice to Comply was issued by the Municipal Officer of the City of Saint John on 15 August 2017 (the "Notice to Comply"). The Notice to Comply indicated that the Property was in contravention of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -Law, By-law number M-30 (the "By -Law'), and subsections 190.01(1), 190.01(1.1) and 190.01(2) of the Act. 4. The Notice to Comply was accompanied by an Inspection Report prepared by Ms. Van Wart, which was reviewed and concurred in by Ms. Poffenroth (the "Inspection Report"). Page d The Inspection Report details a number of issues with the Property that bring it in contravention of the By -Law and the Act. The Property houses one large building (the "Building") and one shed. In general, those issues were: 193 • An accumulation of junk, rubbish and refuse on the property; • Fallen, cracked, loose and spalling bricks on the Building's exterior; • Deteriorated and, in one section, fallen, roof fasciae; • A dilapidated shed on the Property; • One failed retaining wall; and • Numerous issues with the Building's interior which include, but are not limited to, extensive water damage, crumbled wall and ceiling plaster, a sloping and partially dropped floor, mould and fungi growth on the walls and ceilings, and areas which have been vandalized. The Appeal The Appellant's Submissions 6. The Appellants were served with the Notice to Comply by posting it on the exterior of the Building on 17 August 2017, and also by personal service on 22 August 2017. As the Appellants attended at the hearing, service is not at issue. 7. The Appellants filed a Notice of Appeal on 1 September 2017. Their grounds of appeal were that they required more time in order to complete the plan they had for the Property. 8. A Notice of Appeal was issued on 11 September 2017. The Appeal was scheduled for 10:00 a.m. on 29 September 2017, at the City Hall Building. Again, service is not at issue as all parties attended the hearing. 9. As required by Section G, paragraph 4 of the Provisions Governing the Procedure and Page 12 Operation of the Saint John Substandard Properties Appeal Committee, I confirmed with the Appellants that the Notice to Comply was indeed that which the Appellants sought to appeal. 194 10. The Appellants made their representations first. They indicated that they were in the process of finalizing their business plan in relation to the Property. Their plan is to convert the existing Building — constructed, according to the Appellants, in 1878 — into a Nursing Home. This, they submit, they can accomplish with financing (which, they submit, they are securing), an architect's plan (which, they submit, they are obtaining) and some additional time from the City in which to complete their endeavour. 11. The Appellants accepted all of the findings contained in the Inspection Report, with the exception of the finding that the Building is structurally unsound. 12. The Appellants concluded by indicating that they had discussed their building plan with the City and contend that they had come to an agreement with regard to the execution of that plan. The Respondent's Submissions 13. The Respondent was represented by the City Officers. Ms. Van Wart presented a detailed file, in 12 sections, outlining the procedural history of the Appeal as well as the findings made by the Respondent over the course of its examination of the Property. 14. Ms. Van Wart presented a number of photographs which support the findings made in the Inspection Report. The Building looks to be in quite a dilapidated state. 15. As to the issue of structural soundness, the Inspection Report details that the Building is structurally unsound for the following reasons (set out on page 4 of the Inspection Report): Page 13 `L6191 The brickwork on the exterior of the Building is structurally unsound and causing other elements of the Building to fail. Loose bricks are visible near the main entrance where a large section of the roof has already fallen onto the front staircase and landing. Falling pieces of brick or other elements of the Building could cause serious damage to anyone on the property as well as pedestrians passing by on the sidewalk. The stairs leading to the main entrance of the Building are anchored to exterior brick that shows signs of stress and could also cause failure. 2. The stairs leading to the front, left, and rear entrances of the Building are rusted and structurally unsound. Missing stair treads, rust and deterioration of the bricks where the stairs are anchored to the Building illustrate that the stairs are not safe for travel. 3. The retaining walls on the property are structurally unsound and hazardous to the public. The concrete retaining wall to the left of the Building is leaning and has failed with sections of concrete and cinder blocks piled near the public sidewalk. There are unsecure stones dislodging from the stone wall at the front of the property. These stones and broken cinder blocks pose a tripping hazard to individuals entering the property and pedestrians using the sidewalk in the high density urban area. 4. The interior of the Building is structurally unsound, specifically the front room that has failed and caved into the basement. Extensive water damage throughout the Building to key structural members contributes to the structural unsoundness of the Building. The flooring in the basement is soft and deflects under load indicating improper structural support. 16. The Appellants, in their submissions, disputed the Inspection Report and contended that the Building is sound. They offered nothing additional in support of their contention other than a commentary on some of the internal wall framing. 17. Where the evidence of the Respondent differs from that of the Appellants on the issue of the Building's structural soundness, I prefer the evidence of the Respondent. 18. The Respondent confirmed the Appellants' contention that it had come to an agreement regarding the execution of the Appellants' plan for the property. However, the Respondent indicated that it would only do so subject to a certain number of conditions. Page 14 196 J, 19. The Respondent outlined its conditions as follows: • The permit application and repair plan are to be submitted by the Appellants and approved by 31 January 2018; • The Building is to remain secure at all times; • In the event the Building sustains a fire, break-ins or other acts of vandalism, the City reserves the right to take enforcement action as necessary; and • In the event the Building significantly deteriorates further, the City reserves the right to take enforcement action as necessary. 20. Furthermore, the Respondent set out two deadlines: • 31 January 2018: the date by which the Appellants were to have their permit application and repair pian both submitted and approved (the "First Deadline"); and • 31 January 2019: the date by which the Appellants are to have their repair -related remedies completed (the "Second Deadline"). 21. In the event these deadlines are not met, the Respondent reserved the right to proceed with enforcement action. 22. Finally, the Respondent indicated that: Page 15 • between the time of the hearing and the First Deadline, it required monthly progress updates from the Appellants; and • once the permit is issued, it required quarterly progress updates from the Appellants until the Second Deadline. 197 23. As indicated, the parties appeared to agree on this course of action. Decision and Order 24. The Notice to Comply set out two remedial actions available to the Appellants, and the dates by which either of those options was to occur: • the demolition of the Building, clean-up of the property and related remedies must be complete, or plans and permit applications for repair -related remedies, must be submitted within 60 days of being served with the Notice to Comply; and • the repair -related remedies must be complete within 180 days of being served with the Notice to Comply. 25. However, as indicated above, the Parties have agreed upon an alternate course of action, accompanied by alternate time frames. 26. Additionally, as Mr. Loka is no longer a registered owner of the Property, I will refer only to Mr. Lee as the Appellant, and the order shall apply to whomsoever is the registered owner of the Property. 27. These proceedings are governed by A By -Law Respecting Standards for Maintenance and Page 16 Occupancy of Buildings and Premises, By-law number M-14 of the City of Saint John, Subsection 26(4) of that By-law reads as follows: 26(4) On an appeal, the committee of council may confirm, modify or rescind the notice or extend the time for complying with the notice. `KV 28. In light of the agreement between the Parties, I will modify the Notice to Comply, extend the time for complying with the Notice to Comply, and issue the following Decision: Page 17 a) The Appellant shall submit his permit application and repair plan in sufficient time to allow for approval by the City by 31 January 2018; b) The Appellant shall provide monthly progress updates to the City, on the last day of each calendar month, from the date of this Decision until the permit application and repair plan are approved by the City, or until 31 January 2018, whichever is later; c) The Appellant shall complete all repair -related remedies by 31 January 2019; d) Between the date of approval of the permit application and repair plan, and the completion of all repair -related remedies on or before 31 January 2019, the Appellant shall provide progress updates to the City on the following dates: i. 30 April 2018; ii. 31 July 2018; iii. 31 October 2018; and iv. 31 January 2019 e) From the date of this decision until the completion of all repair -related remedies, the Building is to remain secure at all times; f) From the date of this decision until the completion of all repair -related remedies, in the event the Building sustains a fire, break-ins or other acts of vandalism, the City shall have the right to take enforcement action as necessary; and 199 g) In the event the Building significantly deteriorates any further, the City shall have the right to take enforcement action as necessary. 29. The Notice to Comply is therefore modified as set out above and otherwise remains in full force and effect. DATED at Saint John, New Brunswick this 291h day of September 2017. Page 18 Brian Maude Chairperson Saint John Substandard Properties Appeal Committee 200 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OF,rHE BUILDING THAT IS LOCATED AT N . . . ........... ."SAI TJ0HN,N,BjPIDnumbcr AFFIDAV17'017 SERVICE r-,of'Saint John, N.BMake ake Oath And Say ws,- As Follo 1, 1 am eniployed by The City tilt 'SiMlJohn in its Growth and Conuiiunity Development Sei-vices Depai-trnent, I have personal knmvledge of the nriatters herein deposed except where otherwise stated, 2, on A(. J, �a± _'L L at approximately wa.I posted a copy of the attached Notice: to Comply, inarked Exhibit "A" and Notice of Appeal, marked 1�xhibit "B" to the front door of the building that is located at 111�).,��,(, e + Saint John, N.& Sworn To before me at the City of Sairit John, N,B,, on the of' 2017 7 CHRISTOPHER D MCKIEL COMMISSIONER OF OATHS MY COMMISSION EXPIRES 201 DECEMBER 31ST, 2019 As W EAM RefeTr r .worlil b UM John, New Bir gnswicA the, dqy Of N01'IC'U'VO COMPLY A %`18 1) P,,' 47()N (Loi vrr lc,.,v in 1,. M1 °.- de 19 7 3, 04-22, s,190,01(3)) ch M-2 2, 1.ia r.. 991 ,l:r1 (1)) Pareel Identiflier., (104 N unaire d I idea Mmt ion tie lit piarcefte (001 Address� 149 Broad Meet, Mit John, N1w Ikunsw6k Ownerb) or Mculder(sr r: Nalne: Lve', Admme : 149, rue Fheac" saird Jdhq Move au- Bnmswbk Frog riltMO) an tnempanKs)-, Nom : I -De, L�,,aig Addras: 38 VViNam Streak Guelph, Ontado, NTI 5E3 Nomme: ON, thr Ad,droT',,s.' 38 "aa iRiain Stivet, 6uclph, N,11; 5M ?Vlooaicipafiiy issuhig madm: Chy ofSaint Akn R 2 -W C010TWYMCI(V &,Tlta dohn f""nsi'vinip Pranjise� anv) 1)ongerous BtOd �01gs ond -Vtno"Y �Ofnm law Kurnbeir 'M 30 and rimmAnvente Man (tho "By- QQ Provislou(s), contrvvened: Pa 190 01 (, I, ), 190bi(IQviad i9os"(2) imNd aniondmiamrs thmium. Do"Cliption of corldifloslis), 11bi: PM&W is Unsightly by perri'duing Junk, nAlk MRMV and a buNdBg to rentaini tarn 1.11c Prernise, Tbu bud%g Ims liccomie a hazzu'd Ica W"' the pubUc by reason Df 1"I"Cirig vvzant 14ir unocet'tpiud artd has beomme a, hazard to to Mdvy of be PUhHe by rooson, rxf amd by rvas(m Of, Unst')"Luldnes""', (11" qructunfl sLivrigg"h4 "' In" condi.a,Jons ofthe biAjhq; ajn,d, pretilise are described in Sdm&de "M as true copy ofolie inspection wpwl dwed Augum 15, 2DY 1,x-cFxuvd by Rw',tc'hcl vatl wart., 1,11" Bylaw EnArcenient Micer, rovim-ed zirid coriotirr-ed 61 by Amy PoRbiwath, P. Eng, Bydau: (offico r. Reinedy or reanedies required: The owsmy A u; rerocilly the condRions by oornplyerr g with the requOd PIAMMI MOM ofthe KPOCACM1 import Alld brilIg [111 IfAlfldillt,! alhd 111FURiSCS inALO camm`a't.tn°lm Hance with Lim- afbresaid BydIaw, Im Me evcnt that the owner docs rv,,)[ nnnoiy the condidon ur We buib.fing ,and pran'tises in Me time presubed by Mis NW& to Amoy, Uic budding nmy be deirna)h,,,Jwd as fhe corre-cliveu,-Uon to addmw to llftzard to 1110 saft-1y of the public and 1he ['rrknnis'vs may be cleanct] up. Nom.- Li*a, 1 h M1,1111dPwHi QW041"t 1"avi%: ('lty o(, " 1p -Anil JOB ArrOtb en-freint 4rn?iir!a fiea'v 6'1d ('40"I"Y N, 'Pteors tu' do Noinr Adm., Arvct�, rimurt6ro M-30, aimsd (f, Arra.4'l o),, Dispo'sition(s) C11freinte(s) �: Lx s pavignaphe", 19(,').01, (1), 190,,0,1 1,1) v patagraphe 190 t1 (,2) dc ka te)i svr les Phni quv Ws incMaHons A&MAM", 1),escripfion, de Igh (des) condition(q, : Les fieux sont irtesih&iclues an para is Lt I-Pra°enc e de CO,'rraille, de d6whus A IC 11aLtinleril. d6lahr6. Le hAtil'110I)t esidevemi danguivuse P(AIr la q 6-,-,uirhe du public do M de son is ba ou dz sum inceempadon 0 test: dcvcnu danparouse pDur h. sdcuW du puldc du Eiji. de Emu d6lahmnmn el d'U fail dc nuinque de solidU Lc s oon(fidons du IbAliriierit C1 CICS hCAIX as d& rhes "I 14rinexe vikq irne ccq)jv -dAA ralr rx'I'll'. dinspanAn em daie (10 15 aoat 2017 et pr6!1mr� 1,wn,t Rachel Van 'W'avt, IS, tnim agente cit;,irg6 de I'Modiort derNr ta, numidpaut 310sai of mi, d'accurde avac par Niny ing, unc agme cha* de I'Mattion des arra da! S 111LHfiCi]%TU.X. Mesurv(s) 6 prendre : La propri&niro, &,.iil. reWvurer ICS COMM Cil 5V �:0111'61111R[IL dw rapporl Winspecthmi susmeadovin'6 01 hAdment 01 6S JiVNEX un, foorlf4rrrlitk",q avee Dang 10ve"M06 ape 11to proprMOVe He rarnMent rw IQ, Nziduxail at le,& helly' dajjs k' tet#ps Par. IC PAM avis de confMIQ le Natirneva 1wwrrorlt �*e d6moks owime Pmaivv, corrouive oomlate term (111"1M repriseme tin dtuigw- p�-Pur la s6muld,li pmbhc cA les 1k.ux potirroru Ire, n(.',JtoyL, IF) 119e everit i:)f nfl (.3eb.1-is and hems me the IMA Nventtoa!M; de d(c'iriolitkmt, toits, ks (16%ns el pren.iises will be disImsmi of as the cDnvchvc Mon to mins homs sux les Max meront dinpas& cornix, addnns the haZOW. 41 (11C SdrCL),° Ofthe p1d'AiC- ftleSUR" Q'QJ'N'CCGve derma lea bka ile retni&dier le danger MIN I'lle arorententmav'd relnedial lIcrion"s rc[wirls� Ic) Ifix" bufldfi'mv, and the tfispv'sal, (11"debils.arid dr, mm Om At pmWes da val NwhWe the cmryqxIt tela, Sift, [VIn1I")i[,IAWWq nkmaAan of Unt pnoroks or par smal pnWedy or Wer rennedial adiori in ordur 10.) conArol ar mduce. CWWnwle Ow relmse, ;ether Q mawwr of release cm- die ruleaso of any conlarninal'11. jrlu�.a'nr Lll)Orl CC enkanowl, or any fun Alhe comkonmem, Date by wbich the reinedy orrawnedles roost occury i 0) w dandoup ur mv, i ii o v rL; I i, , aw to on pit,q'jerty -Hoid re[ated immedW mum be compWo, ur plans and pcnnh andicatimm R rvpair r0 'Latd lzemedies" 111US1 I)e' SLII)IIIJIte,& wilhin 60 days Mehl; gervod with ih-eNcitico io W"Irc repair Wand tvin.edies nIu.q be torriple,'o wildn180 days of txdng scr�ed vvalt 1he Notice, Dote by wideb awicv. may be appealeNt NOW 14, days, crf befiig servM with fix Nok,,,ce to (',oarpI'�y, Proco's to appeal: 7hu wwwr may within 14 LWYS 41flar' haWng beem serve(I wilh ffrim Noficcto Omnidy� smid a Nolicc, of Aj�)peal by iv&ewd inwd ro I,Ite Cornrnon (1'erk of "11,1z C: ily Of S�,Iijll Johru COY 1WH Na"" Fkeq 15 MW,'kd S(I'Llat"Co &dlll JDhn, New BrunWok, E 4t 1. ]POtenfial penalty for niurm- Coln P Hance W40tin'' six"xified flnw:ar pnmgNol 19CA30) C9 TC AlvAnecipidities kr =8 Hug as w1u) 1:'ails 1,0 corn ply mokh the tcrrxrs of 1he Nwke to Comply giw',-,rr r�tmrddrwrSeCdOn '1'90,011 of dte s1d Act, cornmhs' an 000ce out is puni4tal'?4; under Pan 11 of the i1tvxvinc,frIJ Qff�ne.!z as a catcgory'F cAl-'ncc wbow an Onwear we widet parogap]], 19MOIJ) rad; UNI"J'as Rx inore flian otw day, the nI,6-krn;mn We W rnfly be QW.1 IS WC KlitTILUT1 1'Inic set by Me f4moKkd ffflaws /Wahov Act Or a Mcgory—F Onwee muWp&d by the twun6ar of (Jays,, (luring wI)icl;1 floor d:)J:knee a.kvllpnljes 1(JO 03(1,2)(4)(i). MIN nici palily "s, autharRy w andenake repubs or r�iwwdy� Sublxiray- s 190 04 (11 )(a), 19() A4 1) and 190 AM ( fkh� of 11w A es OW cs IhM i f a NIMS to Coillply- has been gNvn under scuriam I I I tel the wi d Aal anti thea an ow ri or or <vv,j piar, does not comply vOdi Me Won w (Amg)1y, as confirt'red or as confirnied or Iniodified by a emawhi�ee of ammW1 or a judge under sodinn 19o.626 or Me swid Act, witlirn t[le Orne set Out ir'r 111c N-O'ke 1'0 ("'(""talpl' 111v rru""LY, w'ausv the pi"ev"nises nF Owl ("WOR"'T Cl occupier lo hc (,Aeaned up cw ryindS or cause We Imur la WAS du Jwb% JAM LTWN'ILWCarOrrx' x"UATS Also no III: rOk11jvCr7Ik"!-rat 4,11"t ('16n"IoAdon da bnOn'tell( el. la Lhspo,%kiondo, c[6-bi is d autres i4erru'; ajar los heux r"Ic pas te nettoynge,, la rernise ci-k O,al des 10a, dis lowaWs m dvs birla" ou k;u(vilul'K, 011AP51ov, dwns 10 1X11 dC CUUMbl' (YU i(�IC r6hnVe, X61hInilUr IQ d6varsenion; de niodifier to rnode dc, U'vcrwamn ()I,] le dWsement d'un poUvant dans ou sor V'anviraalnernew ou We FwAic de 114vironnownt. Jule h tailudle lit ou dare, niesures, doNt"t ft're �primes; WIN io La WmMhkad-u Wfitnent cl Jenctlt.)yage des heux dowent O.-tre ou A laque[to WS phms L -I detuoridc de perruis, poui- les Inesures des ivparat',kpr, doivemt, &t r'v sxottnnise,, daim les 60 lours qa[ S,L)iwIm, la, signification de 1"avis dc conforink,, 4) -Les gvIdes aux mesures doirent 6trc cornpI616,es dans les 18t),jours quL suiverrp In Signification CIO 1'avis de eq.-Infornlik, Date A laqsek un al'opel de 11avis lIerit Ztre dkiw'si: Dians les 14 Jus pi ui i ven I [a In o6 fica 14),1 a (10 Va v is tic coiflbrrnitraM. Provessus d%ppd : La, prk.,,prj&.aiw-c pettx davis ltwr 1,41 JOILIB tjUi SUVVIr111, la nolit'reation dQ 1'avis de COIJAW, enwy& un avis g.1'al)I)d por courrier =0"MMKIG A 1U PCIIII&C C01111111111U11C da:', I,a MuWpakw, A TIC ('%ty of' ddafia .441,11, 1'":'Willce I'in)ld de ville, 8Wo 15 Nlwkct Squan; SMut 4Lk P61"111UNS PeAdble pour imm-unNrIathd dam le Mai lar away : Le paragmok BOA30) de h, LW sur Ns Inunicipahro"rs pr&("wit (Judeolujile ('11'rixi, ov, sk", cl"1111bririer klux exi'gcnces lbrr'll'I'dLes daiu un avis de wo H1 I aux wws de I Inic le: 190.01 1 de Ltd i I c lo ii, C01"Olnet Une inhacHan tph cut punissable en venu dQ la pork 11 do la Lrd Nfv° he qppficabiv djox sso 1. infIractiori; pr&vue ao paragrat)fie daddd 03i 1) se POIIVSIIR PCHMI Pits d'unle Jotlrn6c' 11"Is'nende nowmaw qui Paul 6011 wllposN t est I"I'vilende admwInk powle Ixtr In Loi 'vvr� la pvwd16hwe � (' ° a 1":1,4, (Irn, nw P rol 0im?'iedes pou'r u 1.�z knw% de in da"C F inuhiilke par le norabre do Jours peruhn't livsquclk; se J"Iourwi'l NEW 140113(LQ090), PomvWr de fit atur,46pa1W les, r6pat'aflo,'osi, ou de prendre tars rat v�urvs� (IMIMIKOU aux 1dindas I DD.04(1 )OQ), 190.04(1)(a,l) el, 190-04(lj1,(d)) de la 1,oi sor i( murAWKS si un ads de WWW a W MgWh� ma lomws de FmIde 190A I I -de 60e kh cc qpe is lar`drl)rrdtnjr w.arN k)w'1p&1nt PC w onillovine pa's 4 oei avis dc cwhkmU dairts, le, &1ai irnij,afli et: (c.1 qu"i [ est APW6 CMIM06 OU [d est collrirnlon uIcAfili6 1),ar un cwnhk du =61, ou P01- art kc, en verfil & She 1%1021 (1Q Wire lc�d, lo nrur-ticipaliu; pcol, Imikfing, of thrit owner or occulger Lo be rqnUod or demolmheid. and Am cum of CamOng (mit such woik, rrlrly 1-vlak'Al CIIarge or 110c, is chugeaMe to 11te urs Ild' 01' OCC-Upivr -,nrd, hccovnc� �'t d6t Ihie to 11te municiptAy Mal— Oated at SaintJohit the Is'—',by of Aupwq 2017 1'1 ht (.'ix y 01'&1i � 1,11, .1 o lin Sigu""i'lw1w of Mittlicqxd ()fpcer�� owl' P7 mullivilpol 01141OF"s,( Ontact in'rol"Inatiow Narne: Rachel'V'an Wart, ['�JT Mailing adehos: Chwh and COmmunky [ky&k),plawritServicc� F11C ('ity Irl Sai,rit 1,4111 15 hAnsel Sparc MY F101 BL&SM 101" Floor p " 0, 1 r1 x 19"'11 Saint Jolur, New, Bruuwick E2L 4L] OWO 65 9-2911 J'Cta.opk"'T,(51)6) 632-61199 1:rnaill.' qjldlqso Seal 1 All mppyrAw pennAs nNur be Pbldnefl and aR Miawmi kgwtaoon MWI bc Olm"Ad WH6 hi die amine w4w,bg I'%o ltle" requircd norvdiii'l i pwim o I I e Bho dms It 0 a kv We Me ow jo Wn w z=Wly Willi rl-w- bye 'taw' cr'llldar� or noilu, go, cunrply' I Sw hwrmu si d0114 dAw to Ow nwhidp&y and may N� Addvid vo IN jOWA MIAMI and PlIVAIWAHAM F%jwil y Wewmm � I ai lid x Nokr IA aduvar f'-Vw r4pater 1'es I ieux deoc, ptx)pd ka i tv rvi-'i de cut o,ccuq,oxn� ou de faam e oII dia rupfir kr proprieW de Cc,, ou (Je Qx�I' occul-lard:' et Ies lFrsk mliqi(s as dc ces travaux. y cojiripri,,; lotftrudev�nnce our Iroirt dviit la. Onorge du prolvi6taire au do Foccupani et devienincio une, cinkmoo de la morricipWHO WN9111 I Ut ii SaintJohn leaoCit, 201,7a M'inrii'cipalit� , 1,11c Cilyof LSairit ),olin, SWuMv de W wpimmame nwn%ak Coordonakes de la repr6scidante mouicipstle : Nmn : WE Vun Uld, 0 Adresse powile- Seivice dc 1H COMOOlanawki-v The Oly of SAH Oka, 15 Market Squaw N1 i fice de I' 116te I (IQ v1110" 14C &qge (use PQSMJC 1971 Stdnl John ER 4L] T41"16"pholl(506) 6158-2411 T6, 16.x), p ic,u r : 150,(a) 632 -ria 199 Szuau de la 111 Ll 11 k i 1)31 j I Nows : 1 10% Im p"mis presaits dUiVL1j[ ill1livni'ls 0 krure ki 14iAtaion pi�xnnohle, daill. 6Alc: 1-r!Nppcclex, pcnnclata Vpxo�w"Ax'l' dc jcj nle"Aww ck rt(*'urs I (x p4ownt de FuXudw wannuk" 4C I %e:y W rimum on 140 s dc am kann A 3US LWIC (ICAIC UNwri h4 Owc d1mlividne m wkqMl VnAv mwidpaj cl pwivInAdl INS"PU*TION REPORA", Schedule "A" 1,49, Buvad.Street P110 (00000604 Imp,ml lion 110 te- Ju stun 23, 20117 Imspecti,00 C,'Oudixeted by,:Ruchel Vatt Waxt,'CYI' Introduction 0 iiretvtv certil'LhM docorlient IrLKV Ct)PY (�,f tjw O'.)rigirlal, Martex] rjjl S-�u,illl John, tltu day of Ul TI 1-,av d s 0 ffi ear tnspwfioris of the property at 149 Sireet, PID :# 000-00604, have revoulmi-flud there are two builclings, orL the prem , , � i -m; 41, lag e brick housing complax, the, "Bui[ding"), arid, a dckta h W ILille' storcy sited (tile "Shed"), Staff first hmmne are uE , c sl m the, Properry"s vm8JACY iliDe"-mber 2013 and began standwd enf6menwn't proced.ures., "I'he pmvpxty is loc-rt cd in an usbaili cmi,,tcr rosidential neighNorhood and i� zone%j as a fteigh'N.,irhood communily f"imcifity i'"thCity's South Central Peninsula. Thc Buildi.ng is a hazzrd to thesafay ofibe 111ablic'by ruason. of"be-ing varcant, by reason rP.Cdflapidatjon and It y reason of um-sotuidness ot'struoural sixerLgOl. DISCUSS , ion� RuildiDrarlalmgs is not in, complialice will, j,,hc, Saint john thu4ghd), Premi.mv and Darage mus (,j,,tjd Sgrudures 4-lcrkv, By -late Nuivib r x M-30, and unmidrrient,� UnsighdY Premise Coudiflotts Subsecdo.,ii 190,01(1),of tlic: Muntcipediries Icl States: No person. sha tl permit prnemiscs cvvvned or o"mpiodl 'by binj or her to b.� unsightly by pemnitting to rm),'iill GO array lila rt ul'such, premises Wly ashos,jurik�, tiiWsh T Vu� fuse; an accuinufation Of om), Shavings, paper,samd-usi, of ott"ter re'Si4ac o""," Pruduction, or cort8tr,irc6o%j,,, a derelict vehicle, uXjUipi,"Ont, rnachin.erOT the body (-'uf any pall of a. Velvlcle equipxwnj or Machinery, or (al) a dihapidated buij'(Jing, I I I'I" h eM is W1 accutfludratio n Ofjunk, rubbish, and refirw, on tile Properly Thege ilunis iriolude, but,, t limited to, bricks, dres, disuu&d, wo,od, shinglesrasted unetal, $1 pile ofnictal sid,ing, a window screen, a wooLlen d.00r and othervarjous 100ge m�Ld ba gW, 9,arbage� The accut ulation o f' 'I , u 11 9 juj k r b � i Sh., aml reftise 2, Tbe Sufl,dingr is dilapidatod. The B-Lidding's ("'Merk,."Ir is com,paseNj of brick With it sto.no rock folindafion, Bricks have fificn, tiorn Various I-Ocations, of d -to lluildrjujg, while adi, cr mAions are in dangar Ot" fialling, spMifiuroll yalt as location at the, cul the Building, The bricks on OW Building are cracked, loose aud spalling, A Portion otbrick is alissirtg from, tl,w f.�iont riglol, side Di"(11C, AFO.jjtfitj.g ,jbc)Vt:, I'lle fas,cia-, exposing plamic build.i.t.ig tn,ztterial, There is at. bj-oktan wind(")w on. d'm �Seco n,L[ storeyof the lienal rtll tt side, oft i,et3u 1,cling, jea`i1qg the �r�() v OnI ural xmd, to 1: . the eknaent& A large portion of ('the ro,uf' lioscia, mart the Jell sid-c oflh,c Build,ill,J; bas J"Wlen. ThC MT)�Iijjin�,,Y fiIS'Cias are: duh:riovatat There four boarded winn o,ws LAt tl-i-e remr of (Ire Building�., There are three sets of jut,t,,jI sta ,, i. rs a t: cho'd V) tht; Building, the Eron.l, loft side, aiad r.varVI threo staircases are ruste(I aj,)tj unsightly. A tr-cad, in, t,he reum stairs, is,tvoketi andr kaxiging Cr(,jjn the stringer. 205 1, The Sited, 'U the F00 of QQ prOPCHY isdi1apidated, T14cShed has MeAaj, siding [ha z is bexonWng t(,,, rtjsq„ j�-he IV is r( 11,111itlig. AteD, and solno sections are . Wooden door Df the Stied is 01apkh,,LtL-d, With, Pceling Paint aiid Ek bomAnd door vAdumnAt the rcLr oftfl,c ShOd the sol`flt:hhart. ginj,,;, 4. Th,xie arra twotCtat°artthe FNDPCHY; Omc: Concrete cinder bfo,ok, retainirig WWI (M Me Ief 1"1 sid C Of the Pule"Y and stone : rclainng wall at dic frant of flim Bvikliqg Qlaept to the sid%. The conurn; nstawng waH gyri the I= of thu, Buhdhg Ims Cited, Tito corsl,�r cal,the refrkain,6ag, wall is no longer intacc Tkv offier two walfis mare leaning, Brokexi, concrete cinJor blocks, remain pilcd and woodon, Crater ioades, have Bern lAaced rearm Ahe pub is sidewalk, Thcre are porduris of the stone retainAng %YWI at di a firo,n,[ oftlw property tlia,t have been dislodged and rmnain ent Lhe siduwalk and in'the path tra t-hQ Tnaill C:i:Ltr=,Cetatl the Building. Vacant and Unocesq"sied Subsmtiun I ) cj,fthe No perswa shall emiit a building or struoture ovvtied or occupied, by lairn, or her 1g) becorne a haimA to &l attaint y of the publiQ by, reason of being vacant or ummoupki The lit HIng and Shoj area hazard to (lie saf6ty of ttte public by reasari, ol'being vactint or twoc-cupied flor the failowitig reasotm i. The Rui(Ming %us Ownd opo i dnAqg a rmW±.e inspwian oti June 22, 2017but 1,10's since been seatred &,ncl b(*. rded by the awnar& HviWingg ihat arc in as (Jilapi.datcd. condition. anJ lefl unsecuted, FrO111, PQbjjC C11:try Caq 4tttrajC�,,j vandalisin, arbon, or QuAnal achvity. Wlixii fl -w Buildiijg, was found open, there were two, 1,,)oints of aices; to the Building; the right mid lefigide doors. Floth points of entryarllca tinrcstriued, acee,,ss 'to 'the entire Boilding, An illIerr M inspection of the Building 'was conducted on Jane 2-1, 20)1 ;t which noted signs of vandaiisin wid traspassin& Graffiti that was dated 201.7 was Seen on the WMI S of t1w BL'tilding, conhrming recent h-Qspasing., AndaJism, arson. and criminal activitY a huzani U) 010 safety of flao public and devalue propextics in tho surmunxibig axexa. "J"here havc, bocia two p()j,joe repcyrts filed regarding the Bltilding;, one in Februazy 2016 regardir n s ig suispicious -laic., w a ottod. ih� property and the smsond in Octoba 2016 xvgwdhg %Wawi The C31y of Saka johi, 17itkance <1 M.artrnenit cortfinned, that, Me waster as ken turned off'sin.ce September 2012. , Saitd,.k.ihn Energy coaflinned, that the power has been disci:inrieetrod sir[Ce Juxie 201.0. 2. 11cme is a 1ASher rash of n Ere ovent cwQurring a( the property sirwe it is knowlj to tho pttblu; that the BuiNing and S110d are vacant, and tJ!WTC 11.,as b cv'idOtwx of recent trepang, )"he Pf"OPWY is To a 3 unit, [�(--,,,Adenfial dwdhng at 137 Broad Street axid a siiigle t"aaril y wddMial al' dhng at IS] Broad Street. if fire (-ve[it were to occur withia the Btiflding or SlaeLj, it co,uld 1)otenfially sproaAd to the neighboring properfies wlvj,,Q,jj would, cause z6ginficant danjagc to the build6egs and, endanger Ite live's of the c cup,,,,, w . tg 1 There js a. coricerT,.ft�)r Cat cr&xerig y persostn.ej safet), in the event of a fire. 1,�� film it t rg uspect there r, -nay be pcolAe inside the Bjjj,jdj�ng ar Shed, its would bc reasonable to cxpeot jjly may be reg xlair ed to �ntcf it, June 23, 2017 interior yinspowku fi,)Und flooriwig czwed ita i.tn tile, fust floor of aw ffiai1dJi.,tg- Tbav ana Msu nmm(ari,yt;jg j0QajjJns NWdi waWr damap; Making the: Boom K1 ti-ITOU911-Out the BuRdWg . Therc is household Nniflure pr,xnt t1jrou,gj.jo,Ln the BUH&hg jredudi,ng beds, Jarge shelves, and Utbics, Ther,,xterjorStain at qjo ivar of The Building which.,,1ccess the second sto,rey aLre 1111RA1,111d and w , (,,)u,ld It vinsaf tier` use by personnel. Tho basealcut area was nol. inspected 13Y stzff due to, Lhe hazardous of the ocilit-ig and Roots and w(.,)ttjd therotbre be ),,iavirdous for arm ergcncy personnel SCUIPCI,inp, the Building in the NINE Cmd of an ernerg(mg;y, The candition of the yedor, is not, k1jovvil which J,)0se a liazard, to fficir, S'8,Cety' and (MICTS. wltlo niay'bQ inoW, in A cvmd of a Eme. Oflapidated, Buildilig Cgli,didans Subsuadan 19&010) of MU'viou "c"i , Pak( ies, Aet 'Statcs N(,-) person sball permit a, buildirtg or structure owned or oceupied, by 11im, or her to beccnne: as hazard to, the safety of the publie W,,)y raagon, of ddlapidatio,11 or unsawidness, 45[ructural streng;th, The BuRdhig: is as hazad to the safety of 1he public by rcasort t�i,fdilraP'idation fo,r the 1`011ONVin'g, reasons: EXr't�Cyi:CJ,'p Ror,idil�i(.)i-i.u,: 1, Bricks am fidtirig f°raarna the RAding in as nun*,Qr of places, niust notably- to the WIN, above atliv, niain entrance. A largsection of the roof has already 111,11en antra thefmnt staima",- and landin Ligo, leading, to I:hc:i.iiai,llr'C.n'tralo�, ?V1,0ro picXeS of the roof Show signs of deterioration and could f"411, Falling piewts Crout, dw RuMng cauM, cause wrious,, d,�,,tniage to appy rte on the prqperfy as wwaCI tAta pedc,,oxianspassing by on the sidawalk,,, 2, The sh6m WMfing t(),the ti-c)nl, 6f, and rcer cantranecs offlit; Building are imsted and UnSftjad, Theiv is H IMM9 Smir trc4id approxiinately mnf-way up the tear Aairewe leashes gvtar the oecojad qtoroy, "Fhe stairs on tlaaa I ft sid.e SulkUng loWng to the secand stc,)rey arc extretnekly rustal. The Mairg leadin,g, to the mainencranv, of the MldinS are: aachore(I 1.(,r exterior &hOWS Mgms of Summ. "rile stairs are� tinso-fe Car msc and thoy could fitil oi,,)der HYC 1001, 1 110 mUdy walk on the pj,vfpert,Vapm dihipidatod, and hazxdous tc) ffic Public. 71"he concrett, retaining wall N) 1i-te left of [be Building Ilas, fiailed; sections -of," concrele and cinder blodlo; have falIC11 Wilt) flicedge of the sidt.�, vialk and reraai�ti in a pi1a, A woodum, tmirrica(j,e JjjAs bcen place , d pariii,,dily, on, tho� sidew-alk amons,,,t (lie debris. III I-AtitiOn, St0,11,08 have Call= Onto the Mewalk and walkway to file main etltt-ance frorn, the 8tone retaining wall at the front Of the HudMng. Thma manes and , br(.Acn. cinder 1:)l(As pose as tri�t)inhazard W individrUujjq entering, flhe proper,ty and pedestrians,using titc sidewalk in the higb den, sjtyurbam area, 4. The Shed, at the rear of die plopedy is dihapidated with rusted meta.1 siding and rotten W00den roof fiasci,aBoth tlw sof , fit and fwwia, Eire hangingfron,,P the Shed Which �o ilkjul�y if fidlure occlurs, couldr Cauh' lateriar Conditions: .5 The Building As suMmed CXWnAvc waWr damago and is in ti, stiite of clocay. In murns cil,rntighoot the Buddingi, water has poolul On dhl; floor and is Silling stagnant, CdHaj lites aiv warped, bowing and have, fiWen, Paij,,)t ig peding throughout the WHIng. (Gyproe and PIawar1:0- walls aud Ceilings havo bemi ranovaj in muh4fle t1i[roughout thc Buildiing Jeaving the 1)'tster �md o.ruri:ibledgXpDc a0vaing the ffoors. Exposed, hahe j� water stainftual Amler WORM011., PINVara' KI aad, MDF ho� ,widg have beelt atExal to the edling in Scanmeaq whidi appear twa be an attempt to rmnedy the %voter damag.,,e. In a n°mn on. the sevond storey thea c,,dirtg is, 1� g 11 sin exposing vApaur bardm v4di MGM Stagnuit %water, Flooring in mairty roo,ras, alost na%ly in Me, basctncrjt, arcsol`t duo to-waur Saturation,, 207 6, rluofin,k- ita a f'iont ro0q)l ()f fl"JQ B'Llfl'Efing is '%'CV0'CAY' $1011W mul has dropped 11-PPMXialately 6 inches, "I'liz, fjooring syst,ellj is '6sibly- del'a6ec] wit,11 spaze 1-n1woen hardwm)d fjoojs �and bawboard tritri, and a hole into, the baseraenj neku the fireptace,. w�jtcv I'ta's, r"�') Boon file opro&ite side of tlicr room towards the ilailml sitle toul into the bas(� the 900,611 uiftt. Th jig 1,0(413 is ext'venaely hwardoos, �,,tnd ,9 Sysdem �xvuld Wl'under load. 7 rhcre is broken glass Erom willdows art d door's T111-Ouglumt thu Building, The glass muld, injury- to, t1lose eoicrins, Me Buildirig. widlout protecfive Iler is IAack rrioul'd "'I'lid fiaagi' grovAh on the wallls and ecifings thi"Ouglaou- -the, 1,,3uildjng. Water darriatum, mould and. fitiagi all pose a respirator.ybazard fl"lose whom'ay the fur ddii'ig. St'ructurally Unsound Building Coriditnaris Suhscvfion 1,90.0](2) offlle Alwfif qmhek"'YAC(statas No porson shall permit a building or structure owned or oi�,cupW bItirn, or her to becoate: Xaa hazud to (be safety of the pukilioj b, w�oft of Y dilapidation unsomidrivs,", of"', Stmaural'strength. The Buildj'ng is ai hazard to the sufuty of the pu[fl w by reaston rifunsoandness of struCULral strength f6r thie, Following rewsons: I . The [Yrick"m:)rk OD OI Z eXterior of the BuRcliftg is s,ltracturafly unsound and Causi,N.4 Othcr Clenlents of the Building to fadil, Loose bricks am visible jivu to main omtrance whcrc� �j large sec-fion of the roof bas, already Callen outo the tlMoj'lt Staircase and, handing, Falling pi ccs of bfick or othcr denjcjj:ts of'I'lle Building Qould, clallllesr:uru'awta�a damage to anyone on the property as wej,j art PCdestrians passi ag byon fli c sidewal k_ 11te mairs ca(litig to I:he, ill r -An I , , aj,n (4,qjt. I cc of thrButlding am and,ored to, exterior b6ck diat shows si C Could alslul caus'�� fid'lum gris of stx� ss ,md ;u- cifttances of the Bvilding aro 2" The Stair's kl""Iding ti:i the fiont. lull, and rloa, rusted and, struvwralty jirtsciund, Missiog stair treads, rust and dewxJaration of Q-te, bricks where the sli'idrs aiv, andwred to the Bridding iflustrat(w thtt tjj(; S!tain� are not sa'fie for trilve,j, on t,140 proporty am struatj,nill'y U"Wund and h,azadoug to th,Q pubh"he cori,,oreu. retaining wall to the left ('tf tile, Buildi.ng is leianinv, and hm Gai ed, with secli() Is �,,c I f Ae and cinder blmks lifled, nmr the publio sidewalk. 11,iero kire, UtM.-cure Movies disledging fri-I-Yrti, the stone wall at (ITO fronrr of" the paria wy. These stones and brokencindai bleoksose t trip P . lira h,,,uz -art] to individluals'enterix)-g 11m, property and pcdesuJans usingthe sidewalkill tbe high dvtsky, ufban. area. 4. The iritmor of O'w 3II&Jilig is s-O'Ll-aurally'un&()u.jj(j, SPO'Gifi011y Ow fiont rom thiat t,aas, failed and cave(l into, the baserate rt. Ext (miSive s,Vatelr darriag throUg ,e ,hoot the B adding to k�,,-,y �strvcftjxal aaembcrs c(,'Yi'.ttri.hutzs to fll'u: At uic4vral UJISIOVIldness of the Building Ile floorill.g i,ji, tile is soft and deflects mrd :r load indicating muproper 3tnacbual support. Require,,d Remedial Actions The owtu-ir mast wmply lArit'll, one (.4 tlt Iwo (vtions sta[O(j ej�4j � b , w,, Option 1; R.Clu'Od11c ondi.t:ions„ of flj�, 13LIji(ling and Shed ths'Ougli all repx IfAialails as y (flkm� Lix ant"I ME., '111,e Building and Shal mum. be nust be 1c, I-Orl, t�ytheabove niention.ed h[a7,aj,,(j,,s to public saccly 1whne UICONAg" th o C r Cqj2jr�CjnL!jjt,s of thc, Nadonal Ruddi),jS ,,! coduqfConadu (201Q) as Iv ll wa.s all 2, The Building and had mmst "be mauintainadj kept secure, and xnonitorca or, a, AnWnv bats whHe the props oly, vacant or utaxxupikd It MAW plan must be suNwitted to the Gnw ,)wth and Ccpn,-aquwrtity Services Depaxuxcnc of the Cky of Sall JoWi (the fOr nwieNv and approval., "nj,�or, shouid also, includcluxlute flor the Nvork that is to, be cin-ried. ova, rhe rc,,,parrod BuHdEag mid ShwJ must rricet Lhe Nuh'onal Buihfing Code of Canada (201Q) as well as utlter "applicable c,odes,. 4'Tire detailerl V%, kda%g solx-dul.cs and, any enginecring repurts, must be approvad by the, DepMment pri(n, to rcTair wor�k. 5 A biadding peunit atust N,, obtained fdr miy and all applicable work prior, to MHUMai OReing sAd work. frurn Ate isty of Saki JOB in Order, to ")Jnply with the Saj)'a John Pude'ling 110xv, BydawNumber C,P, 102 arid aniendmenis therew (dic "`Saint d6hn Buddingg 6. 11C Prenuise wust lea leared of all debfis fouvtd on the property, including, any and all, rubbish that may be canddoad bar amWus or unA&Y. The ddbAs frotii the preinise must be Msposed af art unaPProved Solid vuste disposal site, in ac cord ance vwj th all aqipficable by-laws, acts, and, regulataxa" ns. Doeu-juented lrr ool", th,aA zleaxly an approvedsolid waste disposati sito was u,,�.,ed for tile chsposal of dabds, rnust be Ixavided to the Duparlment.'Ae preinise avast toonapjy With. sh WKWO BYAaws, )!kuts, Codes and Regtdations. f0dun 2: DOMWlitim, of die BuHMnj and Simi and cleanup of atil dotris on the jx-c:,rvvjsc, by colllplyitlg wiffi, all fite rernodialactions as follows: 1. 710 Building and Shed nitist be dumolished to reniove thehazakrd to, 11,1C &1f6ty 01.7 'Me public by mumm of diWpithhou and byroason, ofteing Vacant or unoecupie& 2. A deuidl,ifiota purrait tnust bc ot,),taincd, rrOM, the City of Saint Jolin in Ordor to Comply , illatfie,50.int John Building iv, 3. The gavadse niust bo, cleared of the dcb,ris Chmn tae dernofikicm axid the lot nuwt bo jumle reason"M) , ly 1CVQ1 Willi grade 6o as Ix) riot create atrippi� ag or ralling hazard, .All (kbris atust be disposed of at an appmvtmd solid w,aste clasp os,aj site, and in azcordatwe widt all appj,icablc lit Y-141ws, Acts and, Re u; Docujnntcd proof',, that clearly denionstrates W, appnYved solid wa.: dis�t,,)osA she uvas uwd for thc disposal of debris, tilivM I -,#e fxi),vided to 4. All debristhat is curraidy = the prerrdsuni,st b, rermoved and diasposed of'eAj; atj.l approved saliki, waste, and in �ac<:Ordaxwc with all 4pplicable By -jaws, Aus and Re,ail adon& Ducunientmi praoC Ot Cl ,,111 dealonstrates an appPave d, solid waste disposal site was wjsed fkxr the disposal of (16ri,s, rnust be provided to the Departinen C '171he propoly Must be in cotu,p1jjnce wit),j, aW upplicab]lz By-laws, AOts wid Pmpamd by: SCIViGus. Officet Growth cerin' Coirarwarn ity =96 Reviewe�j y wid canCUITINlin by'. Amy PotknTot, ,119 SBA Buildwg Inspwtor mm Date Dell'uty Growfl), �xnd Community DevOoptnenit 'ServIlIct's 410 NO"TICE OF Al 1 ,A,L FORM 1, R.N.!S.R. 197.1t M-22, s,,190.021 M) F,fle No.: 2 -flits is- Extibit ...... ....... and - oat THE ITY OF SAINTJOHN, Respondent. p"'Ircel ldcnldle,�17 ! P11) # Parcol Addres,,� Owlwj�;.$) Na,mv-, Addrew, Telephone: Norriel-11 Address- 211 AVIS D"APPLI., (1,44 s-wr h".'s "lufriciperliMs, dt 1973, N"du dm�im :, ENTRE" Al'ipekint(s), THF CITY 0i'SAIN-11 JOHN, Num6ro d'idemilic,'ition dela porcell,c NNUD Adresse Propriilairc(s) oo 000ij),ant(s) , Adrose -1 .. ........... 1,6161)110,11e� ---------- Ncmi, . ,1,61&pboo Thr dhave namod appdAnqs','t is (aur satj.sf7jed with the torn is d,ind con(litions suit (NA in the nodee that has, been giver t Imuler SCOOM, 1,90,011 n4' lh(� AhInQaWay Act mid Weak to the Saint John Substo,ndurtj Prz ("`Olvotwhv Tl'IQ'a'pl'vNatll7s grool""Ids fi�)r ll',)is a,pj'val atruw as NO= (se'r (')u� the, rm°°r'"auncis eh'�arv burhri'eflv). I i i i:n 6(s) n"accopte(, rtt) pas luau M04WAhs (M burrs CXMITUCHIS qui Y sont a.Ians ravh qui a W ivmiN aux terjne19,C).01 1 dk� la toi sur k' pounier, �)ahfxs Ct au iqfirievrvs att"'C" normc�s ek' S'ahrf' Les de dans lo p'l., Seri( apj�w� Dated at dity of "Fail 1.) 2017. S "it I gonature ofooii,-teT or oempier The httwads to pucoul in the jjggQEh NF lmgb L'ing puage (Pfi.uise eheek th(i- u-ppy-vj�,riare hox)' you'f- N('Wce qf Alpeal by rqjstaread AX,61 10 the clerk (.f'Pw Ci(y pf &W h;hn Wuhill ,foulleelf, (14),eleg's crfter having given the norke 40 Ojefi)1lowing Cl%-VsGfficL� 15 MarkiA Square, Cityt-hdl B"J&jtg, 0, 1"'loo"r R U Box 197 1 Saint Johri, New grunswick E2L4LI Trotcphone: 50fi-638-2862 Tefc(xipicr' 506-67;,'t-4214 I. A n0fi0'Mat is nol appcalod vvitkinjinirseell (14) r after having been givoi die noke &1,1,1 1,,)(, decinecl to be PAN 2017, — ..... .. . ..... S �i S gnaturedu j:)rl.)Prj'(" a l'oe'Cu'liant Ijappehlfs) u (Ont) l'inlention (Il'utfliser 18 hurt g, !uc P'M!rdllez fi'dre pvrve')rp*- v'oh'e par Courrier Pvcwnumandl au senitaTe 41e, 'Vla•e S'tifnt John chnts les qi'Aaforze (14) joiurs qvi s4avreW la no,flfhveian de V(o,4s Vatly-esse s',uN4!vjm : 13urelvil cht gTeff"ier Colli'll,lull"I'l 15 Nlarket8paq EARcealar PhAl de vAW, al;lur (%'k C poAa le 19 TI UK JOhn (NOWCaUlbw unswick) H2L 4L I T61,&phc)'ne, 506- 6 5 8 - 2 862 T'61rti�opiciir, 506-674-4214 I. Un, avis Clont il pas inlerjcW a-ppel dans les qiialorze (144)jorv-s Muni smivent Ian. nc)fificatjopi Lie 1"avis, est r6jwl& colllirvvl�:, - 3 2. On. ari zippe,,fl, die judnj Alvi Subsie."utdard Pr(a wrtie-s Aprvai' s-fuill hold as homing fiiw 0.1,0 ni""'itter "at whiob [lie owncro) or oceyer(s) h6 ngi n g the appeal h as (havq) a r! gh i baa be heard and n,)oy be rc�prcscntcd by counsel. 1 C"')n gra appcid,, tlic �Saiw ,,Jow' rt 1`ropertiv!w AlVival naa,'y wnfil-11-1, Tncldfll`°ar- ur mcind the nodet: or eland the dare lbreoniplying w4h the nntkm 4, The- 5"c'fint John Al!)],ova i AmMUee shall pr-ovide as cmpy of A dedskin to the owni'ar(s) 5r otcujiier(s) of the pren,)6es, Wdhig cn, M11"UrChUT who, blA)Ugh( the appeal, withiri fi)urteen ( tAgw Aer maUng Hs dMon- 5. The ownc0s), or caccupki's)pr(',)Vk1cd with a copy of as dwiWon fhoixi the Saint A,.rhpt Sar,',. POxV('1?'UqM 11my appeal the %Won to a Ndge of I he (Court or (jul, s wich of NOW 11rW1S%VJCk Wil,hin,,Jnwleeto 04) da)w naltcr fl;'gre copy of the-- decision was provided to Lhe owner(s) or cwcispiei'(s) on the growds Wat 60 the prwd'= rcquitt(I v�), 1)c followed by a was not fc)jl'o'%'cd' (.,I,r (w the deciAn is paWky '2. Ims dIn appel, tv (Amnif� d'qfq'?e1 de'17volvick"s iri'',Pleurcw awx Yn��onesch," Saint John doit wilir, st.11, Ie PlAnt W1 lhigm.=Q at((Jience au oo,uis de IMI'L1011,C IC(S) PM&MACY) OU !Jcckipant '(s) qui zlplwl as (ortt) "It", (droii ('111te'tidu(s) cl pal 11(vent) Npr6sentcr l.)ar un avoical- 3" IL.,ara s Won appel, le C010fe" airy jw-ropri&(�m� hV&Joures- attv 110VOW & Saint Ahn pout cwHrmer, 11�uodiflcr (,)I,j 'In"nuler V'avis cvu provogwir Ic ddai pnty 5'y conVaner, 4. Le AM (ks MIX, HONNev Cle Sairry John doit fiburnir unc copic de sa, d1kision UUMpropk-'Lvairc(s) area, A fieux, du bdUnimil ou de lrsa eonstri.i,etion q'LJ,i 111i 11(0111) irlictjes6 f1ppO aware la , qwrowze (14) jojivv s,uivtinit la rc'adt� s'a Ukisix:m" 5, Lc(s) prqpti6ak0s) ou FiccupanMs) i qW unc cwpic We dMon a &L, ft)urnie par le, Cles, oux nao,-wrnas &,� Saint Jr)' dart pem(vaul Mms 1w; qizahorze (1,4) '/011n' (JkdSUiN(AIA, jewr a: pp do la d&,jsjq',i,n c1mant un jt,qg(, dlo Cool clan Baric dc la Ildne da Nouveau- B runswi Wc zmAMA' qv . o) Ij &Wwche A suivre un vcrtu 411", la L('Ji sur 11%,1, Pas &t6 suivic, ou (h) 1A d6cision est nm'111 sten'tent FILE,. 2017-03 IN Tf,jE MATTER OF AN APPEAL pur-suant to scctmn 190,01(2) R.S,N,B- 1973, c, M-2 and pursuant tui section, 26 @) ofthe a°l-fok Afinitnum, llroj'n,"rty Stando,rds Ry-Lai,v. No. M- 14 BETWEEN: LANG LEE & RAR LOKA Appellants TH E CITY OF SAINT JOHN Rcspondent DECISION OF THE SAIN'r JOHN SUBSTAINDARD PROPERTIES APPEAL COMMITTEE Parcel Identifier Number: ('00100604 Parcel Address: 149 Broad Strect. S,lint.Win, Ne\A,, Brunswick Registered Owners: t,xng 1xie & 11 ir 1,ok, a Hu'u-ing date; F'riday, 29 September 2M 7 PAE1 The Aplxllants, Lang Lee w1d, Ilir Loka, (the "Appellants,"') were the registered owners ofa property located at J 49 Broad Street in Saint John, New Brunswick (the "Property"), having the Property Identification Nuniber of 00000604. As as result of as propel transt , r registered on 20 September 20 17, Mr, Lee is the sole remaining, registered owner of the Property, However, both individuals appeared in ptvson at the hearing and made submissions, The, Respondent, the City ot'Saint John,was representM by Rachel Van Wart, EYF, a Technical Services Officer, and Ainy Poffenroth, P. Ei%, as B -law Enforcement Officer (together, the "City Officers") Pursuant to subsection, 190-01(3) of the New Brunswick A,Iunicipalities,4ct, R.S.N.B. 1973, c. M-22, as amended, (the ",,Ict"), as Notice to Comply was issued by theN/funicipal Officer of the City of SaintJohn on 15 August 2017 (the "Notice to Comply"), The Notice to Comply indicated that the Property was in contravention oftbe Saint John 1nslpht4,.Prenfilses, and Dangerous fluddings and SIruvures,8-Law, By- law number Y M-30 (the "By -Law"), and subsections 190,01(l), l 90,01(1, 1) and 190.01(2) of theAci, 4, The Notice to Coniply was, accora panicd by an Inspection Report prepared by Ms,, Van Wart, wbieb was reviewed andconcurred in by Ms. Poff fenroth (tbe "Inspection Report"), 5. 'rhe Inspection Report details as number of issues with the Property that bring it in contravention of the By -Law and the Act. The Property houses one large building (the "BuIlding") and one shed,, hi general,, those issues were: Ph U o An accumulation ofjunk, rubbish and refuse on tile p,roperty; o Fallen, cracked, loose and spalling bricks on the Building's exteriur; 0 Deteriorated and, in one section, fallen, roof fasciae; # A dilapidated shed on'the Property; 0 One failed retaining wall; and o Nw-nerous issues with the Building's interior which include, bUt are not hinited to, extensive water darnage, crumbled wall and ceiling plaster, a, sloping and partially dropped floor, mould andfun gi growth on the walls aild ceilings,, and areas which have been vandalized 1hLARREA 6a The Appellants were served with the Notice to C,ornply by posting it oil the extenor of the Building on 17 August 2017, and also by personal service on 22 A ugust 21,11"x, A's the Appellants attended at the hearing, service is not at issue, 7. The Appellants filed a Notice of Appeal on ISeptember 01 T Their growids of appeal were that they required more firne in ordle�r tocomp�lete the plan they had for the Property. A Notice of Appeal was issued on I I September 2017, The Appeal was scheduled for 10:00 axn, on 29 September 2017, at the City Hall Building., Again, service is not at issue as all parties attended the hearing, 9. A,s required by Sectiori G, paragraph 4 ofthe [rot,ismons Governing the P�vcvdure and Operation of the SifinlJohn Substandard Properties .4ppecil Coinnfinee, I confirmed with the Appellants that the Notice to Comply was, indeed that wbich the Appellants sou®r it to appeal. Page p 2 10, 'T'he Appellants n -jade their representations first. They indicated that they were in the process of final zing their business plan in relation to the Property. Their plan is to convert the existing Building — constructed, according to the Appellants, in 1878 — into a Nursing Home, This, they submit, they can acconiplish with financing (which, they submit, the), are secuting), an architect's plan (which, they submit, they are obtaining) and some additional time ftom the City in which to complete their endeavour, 11, 'Fhe Appeflants, accepted all of the findings contained in the hispection Report, with the exception olf the finding that the Building is structurally unsound. 12. The Appellants concluded by indicating that they had discussed their building plan with the City and contend that they I'lad come to an agreement with regard to the execution of M� 11 r,jie Respondent was represented by the City Officers. Ms, Van Wall, presented a detailed tile, in 12 sections, outlining the procedural history of the Appeal as well as the findings niade by theles onde rt over the course of its examination of the Property, 14, Ms. Van Wart presented a number of photographs mibich support the findings rnade in the 'inspection Report, 'The Building looks to be in quite a dilapidated state. 15, As to the issue, ofstructural SOLIndness, the Inspection Report details that the Building is structUrally unsound ft')r the following reasons (set out on page 4 of the Inspection Report)' Page p 3 PAIN The brickwork ori the exterior (V'the Ruihfin,g is straduralry unsound andcauu� other eleinents of the Building too all. Loose bricks are visible, near the main entrance, svhere a large section of the roqf hav alreac,lv fiilhen onto Meftont staircase and landing Ftilling pieces (?f briek or oth. er elernents of the Building could cause serious thimage to on'yune on the proper(v as well aaspedestrians passing by on the sid6valk. The stairs leading lo thre remain entranve qfdze Building are anchored to exterior brick thalsholvs si 'ns q.. stress and cotild aZ.vo causeftidure, 2, Nie stairs leading to thefi-ont, lqfi, and rear entrances of Me Building are, rusted and struvturahlv unsound. His stair treads, rust and deterioralion o0he bricks "diere the stairs, arc, anchored to the Bid1ding illustrate that the stairs are riot sqj''Jbr travel. 3. The retaining vva/Is' on thepropeqv or(,, structurallY, imsound and hazardous to the public, ?"he concrete retaining ivall to, the hji q1 the Building is leaning and has.fWled with sections qf ce,,)ncrete and cinder blocks piled near the public sidenvalk. There are unsectire stones dislodgingfiom the stone wall (it theftonf o '1he proIxqv, These stones and broken cinder blocky,pose a iripping hazard to indiv4duals entering the prop, erty and pedestrians using the .stela i4vlk- in the high densio) to -ban area, 4, The interior fthe Building is striectura, fly unsound, speccedty Hien.,! -ont room Mal has joiled and caved into the basernent. E'xteavive vvoter darnage throtqhout, the Building to key structural ttiembers contributes to the Structural ionsoundness ql'the Building. 7;lee~ llcaerrirr ita the basernenl issofi and de 9 support. 16, The, Appellants,, in their submissions, disputed the Inspection Rep,ort and, contended that the Building is sound, They offered nothing additional in support of their, contention other than as commentary on seine of the interial wall fi-arning. Wbere the evidence of the Respondent differs from that of the Appellants on the issue of the Building's structural soundness, I prefer the evidence of the Respondent. 18. The Respondent confirincd the Appellants' contention that it had come to an agreement regarding the execution of the Appellantsplan for the property. However, the WBM Respondent indicatedthat it kyould only do as sutject to a certain number ofconditions, PAF -11 M, J'he Respondent outlined its conditions as, ffillows: The permit application and repair plan, are: to be submitt�ed b.),, the Appellants and approved by 31 January 2018, * The Building is to remain secure at all 01 -nes; * In tbe event the Building sustains a fire, break-ins Or Other acts of'vandalism, the City reserves the right to take enforcement action, as necessary; and, * In the event the Building sigiiii1cantly deteriorates further-, the City reserves the 6, ht to take enforcement action as necessary, 20, Furthermore, the Respondent set out two deadlines: 31 January 2018: the date by which the Appellants 'were to have their permit application land repair plan biuh subrrilticd and approved (the "First Deadline"); and 31 January 2019: the date by which the Appellants are to have their repair-,relatul rernedies, completed (the "Second Deadflue"), 2L In the event these deadlines are not met, the Respondent reserved the tight to proceed with enforcetnent action, 21 Finally, the Respondent indicated that: a between the three of the hearing and the First Deadline, it required monthly progyess updates from flieAppellants,� and 0111CC the j]CM1itiS iSSUed, it required quarterlypro gress updates from tile Appellants until the Second Deadline, Page � 5 2 , As ]indicated, the parties appeared to agree on this course of action, 24. The Notice to Coniply set out two rernedial actions available to the Appeflants, and the dates by which either ofthose options was to occur o the demolition of the Building, clean-up ofthe property anti related remedies must be complete, or plans and per mit applications for repair -related remedies, arrest be submitted within, 60 days of'being seri, ed with the Notice to Comply; and 4 the repair -related remedies mustbe complete within 180 days of"being served with the Notice to Coinply, 25, Howcvcr,, as indicated above, the Parties have agreed upon an alternate course of action, accotripanied by alternate time ft rhes. 26 Additionally, as Mr, Loka is no longer a regis,tered owner of the Property, I will rct'cf, only to Mr, Lee as the Appellant, and the order shall apply to whornsoever is the registered owner of the Property. 2T These proceedings, are govemed b BI - Law Respecting Stanilanisjbr kf�inlepuvwe and 0coup, ancy qfBid1clings and Preinists, By-law number M- 111 4 of" the City of Saint John, Subsection 26(4), of that By-law reads as follows: Page � 6 216(4) On an appeal, the coninfilk"e, qf councd ina cot!firtn, rnod�f - raxi Y y ot nd the tiolice or i-rxtend the linieft)r eonipging With the notice, PIKII 28. In lirot of the agreexnent between the Parties, I will rnodify the Notice to Comply, extend thetirne r complying with the Notice to Coniply, and issue the folloNving Decisiow Page I7 a) The Appellant shall submit his pennit application and repair plan in stifficient tjrna� to allow for approval by, the City by 31 Ranumy 20 1 S; b) Tlic Appellant shall provide monthly progress updates to the City, on the last day ofeach calendar trion-th, froin the date olf this, Decision until the pennit application and repair plan are approved by the City, or until 3 1 Jan -wary 201:8, whicliever is later; c) The Appellant shall complete all repair -related remedies by 31 January 2019; d) Between the date of aproval, of the pemiit application and repair plan, and the completion of all repair -related remedies on or before 3 1 January 2019, tfic Appellant slral.11 provide proggress updates to the City on the following dates: 30 April 2018; ii, 31 July 201118; iii' 31 October 2018; and iv, 31 January 2019 e) F'rorn the date aof this decision until the completion of all repair -related remedies, the'Building is to remain secure at all firnes; f) From the date of"this decision until die c(--nnpletion ofall repair -related. rernedies, in the event the Building sustains a fire, break-ins or other acts of vandalism, the City shall have the rigjit to takeentbrcenlent action as necessary; and 221 g) In the event the Building significantly deed orates, any further, the City shall have the right to take enforcement action as necessary, 29. 'nic Notice toComply is theretbre modified as set out above and otheiivise reinains in full force and, effect. DATED at Saint John, New Bru,nswick this 29'" day of September 20 � 7. Page I 'S Brian Maude Chairperson Saint John Substandard Properties Appeal Committee 0% 149 '310 a d Stii eet, !� Vilin, New �31ii uiinsMck ��IHA 0604 149 '31oad Stii eet, Viiin, IINew II3u uiinsMck ��IHA 0604 149 '310 a d Stii eet, !� Vilin, New �31ii uiinsMck ��i o to 3 ��IHA 0604 149 '31oad Stii eet, Viiin, IINew II3u uiinsMck I o to 4 ��IHA 0604 149 '310 a d Stii eet, !� Vilin, New �31ii uiinsMck ��i o to 5 ��IHA 0604 149 '310 a d Stii eet, !��6 Vilin, New �31ii uiinsMck ��i o to 6 ��IHA 0604 149 '310 a d Stii eet, !��6 Vilin, New �31ii uiinsMck ��i 7 ��IHA 0604 149 '310 a d Stu eet, "mud Vilin, IINew�31iiuiinsMck ��IHA 0604 149 3ii oad Sii eet, !,� Mck , It Vn, New 311 uiin� 1 o to 9 ��IHA 0604 149 3ii oad Stii eet, !,� Mck , Vn, New 311 uiin� I o to 10 ��IHA 0604 149 '310 a d Stiieet, �� Vilin, New �31ii uiinsMck I o to I I ��IHA 0604 149 3ii oad Stii eet, !,� Mck , 4 Vn, New 311 uiin� ��Ihoto 12 ��IHA 0604 149 '310 a d Stu eet, "amu Vilin, IINew II3u uiinsMck ��IHA 0604 149 3ii oad Stii eet, !,� Mck , 6 Vn, New 311 uiin� ��Ihoto 14 ��IHA 0604 149 '310 a d Stu eet, "amu, Vilin, IINew II3u uiinsMck ��IHA 0604 149 '310 a d Stu eet, "amu Vilin, IINew II3u uiinsMck ��IHA 0604 149 '310 a d Stiieet, ��6 Vilin, New �31ii uiinsMck ��i o to 17 ��IHA 0604 149 '31oad Stu eet, "md Vilin, IINew�31iiuiinsMck ��Ihoto 18 ��IHA 0604 FORNI t NOAICI'.,To COM PLY .4r�' K-SXB� 1973o Varcol klviOirwp-, VA Addrc,,ss. 1.4,� Broad Sea Saim Joint, Now Bruswick Owne"sk or Occupier(s). Nalne., L'cc, 1.ang FORNKI'T, I ANAS 111". CONF'01,011T(� (Loi No r le,,* on urrkipediit�s, I .1V4 oR de 1913, ell. NI-22"i'mr. Nuniku d'k1vn,HGcW1wn de 6 Itared,le : 604, Adrnsc149, nio Di-ood, So,jIm John, cnave=, 1mwwtk FTuprWCMrcjj on occupiinNs),, Nom : I xq I my, Addres. U, wfllk'ira streo, n,a,a Ndalua Onlario, NtF Ad rose: 3,8., rue VVi I lRO 111, G Lied 1A), 1.)(11 fil'i cl , N' I F 5 E., 3, 50 No'11tv. I ar n.a 11u, Nom LA, Mr Acldress: "!,S' '�Alilliam Sweet Guelph, ,qj Adresse 39, rue"VARGAn (jue(ph, OnlarJo, 14113 5113 5 E3, hlunkipwhy hSUWq Undul CRY of Sand .IWMI By-hxw contnrvenedStenrl '10001 1'renyixtw and 4ro,rhhri).,,,w rvid 4!r -Own By. law NI"ItilheI, M-30 and 11wroo Phu Sy- PmKon(s) contrawened; Nuagmpbs 19011(0. 190 010 . 1) ond 190.01(2) of Me Xbn9UwRAs Al and DeuAtkin ur cOmbdiuM The ;wcm isc, is IQ! pOMAHTg jOnk, TwiShhh. YuNsc aml a ThIpWamd bid[ding, ao rintiain c1l, 144 pre I'll, i sle", the, 11,12ilcling Ilaq it tutzard lo We saddy or the public by tembon or or unipcoj0d and !us Umme a honn'l Ui I Ile '�"atay thc jxklic by rcason ot"Onodahan and hy reas("xi, c4' unsoinldncss of sirvicttinal s-Iiarigth. I i, comhhxms of Ac %Hnig,, an(J preinise Eve descHMA in, Schedule 1AA as Ime amy of Me mass vahmi rrport dowd Augum 11 2D17 preparud by Rachvi \Qn Vdam, 111% By-kiw Enforcement ()Vur. mviowed and concuned hi Ainy Vi�vff'dirooq P. Uny, By4o; kfomvmw (MIUC1% %mvdy or remedies requked: The, is to mnwQ; Me cowhitkxns by =11ying vidi 1he rqubcd ncuwdkii ackans of do abicrnenOtmed inspeetki rrimm ond bring the bAld,ing aw] prc�:rrJses into WO I he AfUsyd ByKa lnrj'ae C.. condhion of ththilikhtlig and in, the 61"ne, pmMobed by 111is Noticc, 110 flu," awy OC d(11'U)di,ShCd 01c correclk,e a0k; lu addmss the board k) am swey or um putwo mui the preauxes may lu the cvm or denw, Ml debris and Hems on ik %„dl bu dispos"i of as Me, jo ad&ms the hazod in the sr kly of Q pu!Ax'�, III Pavk : Chy of Saitu,IN John ArSO enfraint : Sr U hulio el amr h16"wrlfs A"If d�„Swofe AW Anil:& ains� I o sc,°.a; roc'xdid leafions (l" 4o DhPOSIHOnol I °'O -S par'),mms 190 A q I 190 0 Ic 1 90" 01 (T) (IV I a Lr.,; wr ainsi que les nUAWKS ORKIUCI". DescOpHon de la (dks) condhimi(q) ! I 11'4:AIX W, UWAOiclues en pertodfanl ki 111(6"Urwc.h:,, I -'urradlc' Ade dhitus el le b;`Ifitnetul (,fohmbr, [x bftlniew tzl duveow dangercuse [Xmr, la du public Ait"I 6R do smi UaWnuan m; de spi Kocupathun el um dennu dangemuse pour [a sdcurO do [mlAic du IS dt:" ""on et du, hrill de tr"'dnque tie Les c('rn,04-ms rJit bkimen& do li'Qux sigh ."I Famwxe, rt -A ), urio copic do r-apporl d%petAhn en dwe du 15 vioW &W1 7 et QuA Fn - SOS Vnn Yho. 15, une ogente chmqu dc ljx%don dcs art -646, n1unicilx"lux, riMq�n rn croccorde avec pu Amy V%ffewoM, 4W, ume char#de 1700ml ion (Ics, arrk`A�,�s nwMeymm, VICS11re(g) I , Ii prendre :: L'�"l doit Ws condthns en so amnantant aux wcmmnwQAms du rappon dl%peo% summemionnd el d'anoncr lo I'Aliatent el ks Kayn cNdbmAWs marc r Anbl, Dans IKI;Ooal l,Il qix,, ka ric raii,6dicul pas le b%mets ei k's, Leux tfi'um le, tel"11, ps, PAW owl do coMbroAk to Wmnerd pourront bre dKHMS 001115C MCS1111C conll)10 1110,11k cJLA - i I rupkNowe un danger pour W roc curdd du public wles Dwis Qventualkd do d6n4flirion. tous lo, d6biis L-1 [es h(L'Irk So-tilll dJsj)q"1S6S coln'sn't lank sum corna0m, ckins 1ua but de le dallgo", 'I hv nWWdkd aahms twaQ 111 the donO An of To'bod6rig arid 11w dispowd of (Wbills aiml dems on Me pwrokes du noi Aw kOc A CUry-OUL clean- up, sue ]'C'whoralion or W Ineardses or persom"JI prol'Wrty or 0111wr a uacrl1a11 "'tchon ill or.'(1cr l'o' vc"mcd or roducc, chrminou W4 risleas, Al rnarrricr (Ir irlcosc ('a-l he rolooso ;Aony contamiriam Wo or upon A cKiwinmog or rmy poN Who enWronnim pour I a s� C o rt'll c� d' I P tib I i C " IAA niesum viow0ves suwnaukxw% rdadvancrarl h W dihmolvion du hknwnt 0 la dkp(:Psitioqi dei ckbrk, el, awres hems sur Ws INK ne cormpiewww It bo octUoyago W caniso ot &ak de,, de-.; tujraens ou &�,', bienspefr�"qlnclks w)l i, lotlic ""I'lore tnesura correedve dans IQ 11C11 dc e':ontrblo' oaf, 'Ale ri&dwrc'� (1,611,141CF, lq� d6versement do nwdifivell, le modc de 61.verserncry ora le dc veli d'ir n pe,�) I I kranl da ns weal Sar ou tome 1m1 ic de 1r%nviJon=on1. Date toy %whichtlic Yvvnedy or remedles awsr acvuv 1 1kille A laquelle pa an Iles inesures dolviont elre 1volpedy and ichUd raWks murd 111. COR111100c, or pWns and pvmA appikinfo ns Jbr rqmW rclalQ,l rc"n-x4ics' must, �"x� sul'1lq10Akx1; vvilhior (1(") 4'1�iys N:'d'l.-xJ71g st'-r"ied,vvi"OE'tho'Notice, 1,0 cvmpo. Ala) Thc,- rvilatW relivedies rinva he compW Wilin 180 Sys "wo-vit.0 %vitliflic, N'cllicc I a Comply Onte by Which 1101"J'Ca njoy be app eaNS Avidoll W all orhdnp ge"Od With dw Wwc lo comlq1 ". proc'ess to Ciplx"gW ownet truroy w1hN 14 Qs Wir briving been served %ith Illis Nokcc to Qmqvy, sonll a Notw.v of Af',ipeal by rvomend irriml ki We (Tanimcm (AS of The Uty of SMA AW Cily SH .m80 Fhor, 15 Sq'Iti4Iro, Nc.,w 13ruriiwick, F,.'21_ 41,1 Potential pennhy IS non-varnpliance vdUdn sj*66e(l 6 1 vlj'e� 04 P'ma�."'ra h 03(1) A p) 190. fluo a "'In), 11(1� lQ11n's of the N"oricu. I'll Comply' I"Wcn tisidur Secilkni 190,01 1 o Cho W Au amm nits an Mwv Owl Q pwiilslraWu mider [lart I I oftlw Qh"Kvs AvcvA?-cAci as a caicyrory F`cdkrwe Whery an oRkne ari(.Acr jurnap"ropli I canlrwacs W more than one all the nuiriiiounk rino dhai may be illIP(ISO"I is the Iniiiiii'l"Jurn 'filw skj by 01C rj'r'ovn1cia'1 AV; Q 11 category F (AN'�vcL� moQUed by le numdxi or days dunng whWh thu 0 nume comp"WS por"mutnI m0parugryph 19MOXIaRmoy Muld4palky"s midvirtake repairs or rvirtedyn 194b ollya4), and I 9DAW I YhJ a,Jdw, /W maims that a 0 Mil"o W Comiplv ltas been glvivn'rudder m:Won 1190.011 ()1, 0he Soid 'Wild 111"'ll fir) 0wk"Jlcir' i-m'v (:N��A:npicr 45CS no! oomply WHb A otic to a,r; dcx:,1110rj aTlflfiirwell ('rr 'as eotil"inned or wrixii lied by a cummWe 01 sum aH 01 as jtdgc Un&W See lAmn 190 Q1'2 1 CW I be Sa W Ac: -l. aiiihiti the iome Irl oiq or NjQ0 U) thc 111RIAWY nwr ', cuu%c llic of Owl owner or o";IJ11jer Irl bo clvaumi up or rquilired, or couso the P Wei I : to La QnWil% t,Ni Wfimofl 0 It,, rtol,loy;qgu; (Jo!s' HwAx doWnt dErc curlipld%, ma A laquMo kv phins C1 CWmatuk & pamis pma les nx�st,vv,:s (Ics ra:purolJions, (16vei:iI Ore smirrises, dons les 60 jours qui suiveni lila signii 1cs1 ion (le Vavis decon rinrru ik b) Us Upawhons indides aux triesures dohveni c1 ru cuaW Wus Ans W 18 0 j wWS LP i S I Wn l la mile 1 a1,is de ckprfl`bnnke, Date i Inqudlis on appW do raos pmul Eke d4xw6� D,an,s� les 14jours qui 'mrvertl In nolifie'aliknl de al "'lvls dc Whallh, Proonsus dlappell : 1.,a proprithaire peux dans A N jii�mrs qui suivem ]a (JQ 1'svvis & conhal-nWh enwoy6, un riiviti pr Gcm,irrier, rmovamu9adI6 h In tiara file coammmaW de A The Coy of S&I Jdm, Wro dk"'a I'11.0i'lel de vil]c. K: 15 Nlm-kel Balint Jvhrd"' PANANU. por%sill"lle poror 11001-conformit6 dani: le PCnalz ; Ix ile ha Lo", mi, ic_a' de rte; conforou'.'r- aux edwei Wokov dons on, vivis de c1an1bradS noW aux tunws de 106cle 190AI I de Ind0te loi, emmun unc inr`rc,-rcOon qin, em 111.,aN11 w1aafmlw On vem] de la IlarhQ 1111 dt! ki Loi mit 14j, prrw&hwo (ury fl(re,' la classe LarwRiJu mein Act ioll pr6,'I'le 11,1 p-airagralA)v 1 1 '), so poatrmlit perv.1"11,11 CIIIAS j'9jj'j'CClt(,jC rphQuIv qui P011 WV 1rT11W0 CM I'muende liliniorl'ale j-0k:`N,ue P"a, la LW vor �a qpphhahk vwv rfol.pI' line ki classe 11 midlipNo par le nombre de jomv poidnot lesquids Fwl'r'l;ic6Cni se poursiiii[, V.oil 'I I 'Itfirr&,a 1'90.0,3( PZ11 N ponvilfir do to inankilmlik, le's QvirutWns on de 1wendre les niesurev AnArmbim AUX Win% o� de la L(ki vary je.".'s ""i Lit] (Ivi~"; ('1v, cx.qrforrltila to 6' r?igrdIic' a r'r x I e " l"I nc S alc°° l" al'i i r k, 190 0 11 111.° ki (I i le Ioi el, q'11v le PmTdoake Our IjW"PW11 me so conkirnic pas A Cot avi de codbirmSdaris le d0ai imparli ei lel qki'il em rx"'pult". corrfirI116 4141 1:01 (Ill'il CS1 01A jjj,(hjjj16' par Un COM41 du '�i"nisivil cia par un juge en "'trvlw de I'mide M1021 de ladd:e l(d, ki murilk-;u,p;iblk buddhig, of H)iit owner or rcupiur W bu rvpWvd or demolkhad, amil the oos[ o(' c,,,vr�ying coo such (Kt. int"111dIngr any rel"'Acil ()r h chugubk U) A c�w,nur or occupicr and Swum. a dcbi 1a1v,c to Me F1mmk4mlity., C-.+*-, [bled at Saht John the If day or Augum, 2017, % gnM ime v r N4 u mew mcer�� ........ .. .......... Z, Nluprlcip,al, Offivew-'s Cor lact inibminthw Rachel Van wand , 17 Chowth and Amourumly Dovdopmel-11 Scr%-iccs 11V (AY of Sahu M11 15 MaKI Square (Joy Bvikhng, 10a" Floor P. 0. Box 1971 Saint .1%r'Maar.Nmv 13runswick F2K W Td cphon a (506) 6 5 MOO I I "rocumAur (506) 6321199 FOUT ca sew or munkoaliq L AH ponsks immi be ARdmd and ad WWII Ngkb 6m muo he amnoW w A , In d w cn"c o r cm, mg ov, Me mqueed roned0l ch on, 2, Paymni, of die Ano doB ims dkdmc Kc omigimn n; mmNy �v-4+ a",.V, of rimli'm lo k:,o)vvpBy, 3. Cimbi Timmme m tkiii duc io mc mmocy;py and nuW be SUkd W 1hojaml Immmorml nrld prm,iovu'd Rx"i'd hwolml-ly NAks Urc ru%yur cm Sparer les fic-,aN dc c -v propri&l.dn:,o & co, occupmv uu de fAvc r&parci, o,a d6rriohc leu pmVH&6 de ce propWaht ou de co mmVarm, d lz� Rak vomiR it rencution tic, es C01111)Iis daarroiuu 1"INICV11nec ott tour drok al"f6reni, nm k,'i charpe du prc'jp1J0vkv. ou de 11 ok-xujxin1 cl urw crAnce do [a mmkipaW, PZ11 191 Fuh b Sold AAmAc wX 20'1, ! Tfio ('7ity K"', I" °kfilv, John L pud",,uc cAc la (2001AMM1609 11C 10 MPASCOOM MUldQ01C � N(irt,, - Rachel Vaar %` art, IS Ada; c,sso 'p,')stnlc� Sci-vicc de In (Nuissunce ci du lKeloppemem communnuh-C 11c Uty or Sahu John 15 Marked Spula-C fidilicc, Jc lWild dc ville, 10c: 61agc Cum POSWIC 1971, Ra i at RAj n d Notj 11 msox i c, k) E21. 41A T66mme : (SGN 65&191 t T616cc,q,)iC1LLt` : (506) 611-6199 Smu doI a nnw A pa H W Now: I I Ims & Pk As PmNcdo do!"A" ale QW"Un gra u Jj 169WAM POINnIc do; IN mqmuk poW 1TWhon de bt I I �ck,w 14, t 1-,- 01411,00� 11� I 2A c pionem de r mnoWle nimmulc pajAMApoWn do wspcjj,!j, la, ah,,OTIW Fivcv&', 3, Lv, cviwi diuvmmuil 11111c dC,1111 OiVVQV�k"'I immucq).'11160 cl jKmr,1m1 ov qms A raos dArdmAn 0 dVqT; Rmin m"nUNN el PWOW,11 I I" (.'rO)Y Culify that this dOCUTI'lerij is a mj'e C('WPY origi,riaL, INSPECUMN REP0111'r Schedule "A" [,)aled 01 SaintJohn, 149 Broad Stivet 11his day of SAint John, �NeNv BruilsvOck VIM 0000004 111SPeCtIOD DAAv';'J Lille 23, 2017 Inspecdon CAnducted by; Radje] Va,riM,'ajr' lu'l, Introduction lmpadhms of dieproperty art 149 EiroadS'Voet, PfD4 00000604, have rox,oalcd that dlej,e are: rwo mildings oil, the Prelivise; a]AZIP: three -Storey, brick lwPusing complex (this NuAding") amid a delachal sWoe-stoicy, (fbe "Shed'). StafflJrM, becaniv aware of fix Properlys, vaefracy in Decenaber 29B and begmi staradard enforcoment Ile property is lo6atcd i.n an arban center residera4d, neighbortlood and iss zon'ed as, a n6ghboitoad conintunity f,"�Cifity in th('City's south ger traI Penitisu,la, Tiv Ruildingis a 1°aazan.1 to thettl ,y Of PLLbIJCby reasonorbout g vacant, by rea%n of'dikq)W,al,iOn and by rmv,1001 of anm.niixlii(,ss ofstrUctural strenj';th Discussion 11D BUMMS is not ill Corriptiarice With Ow &inr johti ("Arwgkoy lownikas and Dangerous Auldinp 8errarures Py4aw, Bylaw Nurnber M-3(),, and ainendine'rits fhruto (Lilt 11Y-IaW)' Uns.'ightly Premise Condifilons SubseKon 190A 10) of Hie states: �Ni) persun shi'd]. pe'rjxli'l�� prerllises Own0d or UcciAl,'),icid by him or her to be urtsightly by perryvittirl,g, tAa rernain oil arly 1�')art of'such Pren"O's(s ally ashees' jun k,ru Niish n)r (b) aiiaccaniuNtion of Wood shavirkgt"' paj?er, sawdustAar other, residue (.).f Ail "a Acrel i(,l VC; hlic]% aphIgMeA amclAnmy cw the body of a4y pan ofrrt vehi,otc c-.quipnioat or rnzahinery., 4,,)r 611 a Mapidated bujAng, 11cre 1 arl awurriulai,ion (,Pf"jw"ik, nibbish, and tefixs�. ort the I rµtaltarrpW ]JiQse if('11171s illefodw but mv not hinK.] to,'hriicks, tircs, discarded A000d, rusted Metal, a prig of raeUd siding, a window SCrCe.',n, a, wooden door and other ,,arious 100se and bagged garbage,, `11-w Otbroilientioned OfjUnk, rubbish, and,refusc is 2, 1.'he Buildirig is dflapkhited. 'J'he BkA,1ding"xtvtt ior i °rttral;AAAsed, 4,lf brick widl a stone r(,1ck 11ri&s have fadlen um."adous, kwations a,f the Builcling whilc officr w;,etions are in (fiatigor of US& s1Aecifica,11y at a j47c,jti 11 �� h, iom o It lr,, c t` of" the Buihfing. The bNeks 4AI the BuRding are cra:okvd4 Ane and spAng A po,itiori. of trck is lilissi:rig rrkma')11,1C fe(All rfight side of tfie Building above, the fascia, (:xjx"Psing pha'saic budding niateriat 'I"het-c is a b:roken. window (,-ml tbe second Morey ofthe Not Hght odc of Hi,o buildi-ng, leaving t[le morn cxjiosed to the al meet. A. Inge pasoll of the roof Scia fi-oj'1�1 the lelft Sider of (he Auding Ila$ Tbo r(maillbl,g 1'oof Wrias are dderioraled, 'Fherc are four bottrdcxl %dows at die rew- of the Building. Tbore are three sets ofrnej�.ij,! staij, 8 attachod to lbe 'Building; the Beat JuR &We, wid ran AH O-irea Ntaireascs are rustW and, uftsig)ftlyA. tread in flit mar is brokmi and Winging hun"hc Mgm, 2%4 The Shed at the roar of the property is MOM& 'rhe Med has nicLal siding that is bewahms to mat, I'lic; Wcu)(Jen root, fitsio. is rotten and -W—UTNe sectiotas are, J"h1liag" '11he Wc,pode.n door of the Sholl is dA&pWmwd, with Ixelit,18 pailit an(j a bouplal door QW= At the roar of tho Shed the sctffit is harig"ing" 4Tl.ierc aretiNc) rct,R jiijng vv all on the popeQ, one concrelk ci,ndcr bkock ccUiinin will oti the Jeft side of 1he prcjp�rty arld stone, retainiiig wall w jjtc fto�jjt o,,j , tl,w BuUmng akfacent 10 the "I"he ccincrete rwaining wall] jeji ci,jjjjt� 131.1ilding 111"u; fl'uh-if. '",Fhc corncr of tiic rcu�iaining wall ::is no kniger intact. "I"Itc oMer two walls are leanitig, Broken coix-rete cin,der Mucks reinain pfled and woodcri harricwics liave rr plac-,kxf nmaz die ppurl ho sklmalk, 11cm twe porthas a mone reu,"i Ili fig w311 M the lir int oftbQ propeaty that li,avc been diidodgex-1 and immin on die idewAk and in the Imth to the inam ctitraiictf of the Budding. VacantandL.),tocrupied Sah,Mon 190,01(l,l) of Act stalcs� 140 pemon AWI penn-A a Wding or strmonn-e mwncd or 000kipico by An or ha to horn as hamd, to, the A& of" Che public by reason of bcfi,tg vacant orr unooc,upiecl,, 41w va 34i4ding aj-id Sl"iW! aro a hamrd k) to sajOy of the pLI[AiQ bre y 'asou of binn c 'ant or Unoccupird L, The Building was Amd opmuduxirig on Mite, 22 2017 but has sincv bccn, secured and hoar(lext by flic ownvrs, Buildings tfi,,at ary as dApid-ated ct,mullifion and ICH unwomed Ruirt, 1.vubliQ ontry can attract vandahm, arson, or criininal acWty, VACM the 13,odding was found open, there, were two Wim of auxess to, the, Building; dic: rig"lit: and 161, side- doors. Buth poiMs of earth: (< llr"rad unrestdOI(XI r'W'cCss to tho C�iltirc Building. An interior icer spection of ffle [Ittilding "as Conducted on June 23, 2017 which notcd sigms of vandahmn atut treppassing, Graffiti that was chat , 2017 was seen Am the walls of die RuHmug, con,(51111invg reeQrt trespassing. Vandalisin,, arson and crimiiial activity pogo a lwjzard to the sak, of 166 pubHo amain cleva,10C propet°lics hula sumoodin,garea. 71iim,,.have bom tma) pohm rapons 6101 regamUng the HuNing., i�nic ices. Fe"bruary )01, 6 regat-dijag Suspicious, 1."rl d, -Iles aroto')d 1,11C property and the sec and 0 Goober 20116 regarding a, broenk p window, The by of Sabi Mmi Fini'vi,c-c departgneni confirnted that the water 1135 been. IUMMI (')fj'S:jnCC Scplcrnbcr 2,011 Stiot h)lui Encrgy Qortfinned, Ltial the power has Wen, disconlICICA(d qiUCCJLH10 2010, 2. There is a hig �her rt* of a I'Treeven-[, occumin,g at data prqpxxty silice it iss knowil tra the lea *dic that die BuiWing and Shed are vacant and t1wrc has bcerl, eviderico of rocel'it trespassinip 1% property is adjacciat to as 3 onit residential dwdlkg at 137 Bmad Strect and a.sin; gle Awfly rcsiderifial dwellhag at 151 Brlmd ��atc�rat°a�a�ll° twet. 11, ia fire mclIr wery to occur within Ific 13ufldiiiig or Shod""t wald "st'vead to, the: neighbor6qt , , propertk�s whicti woltict cau, signdl=�Nt dan"Ial,;e 1U the huAlkings and (nidanget" (11C 1iVG-S Offik,' There is as a;oncern bor erriertoncy per'soruW 'Sarety in the event (ff �j jlrc" If there jimy he peolAC, 41side that Biadding or Shed, it wq�,wkl be reasonAk m expew they rinay be requix ed 10 enter J1, The I une 23, 201 interior inspairm kwd, II'moring caved ill OTI tire fast floor of the Huilditie, Acre are a1m) mummut.ts locations jrl) water daan.-age, nuaking the floors S o fit dlrou,Opout flic Budding. Ilere is hou.whold, fiirnitore present 11troughout the Bmddbg indulng biods,, large %hOw and. tables. IN exteriar sovirs at die rear of the Wilding Which access d:1CsCC1",)rpd s"torey w c ansound and would lac "IM&A use by ell', crgert �y pci� (mncf, A"fic Imsernent aiva was no inspected by stafl," duc� to the hazardous cAm(iftio'n of the ceiling mid floors, and woifld -thlmv,lbiv hc haz.ardous for se-archital the BuU&mg h, Ule 5 event of an cmerg(mcy, corle1jj°j(,)-n of, th,ittt�uris not known ic firefightCr, which p,( -,),se a hazard to 1],16r,"nMtY at.0 others who may be,, inskle it] the ovent of a fire, Dilapid,ated Bomilding (,,,oudithyns subscOix,n] 1'"Al 1 (2) ofthe Aerstatess Pic Per OV) SNAM Pell -nit a buji% or studure ownod or occupied by him <,)r I'ler tobecol"ne a hazard to (lie SAZ-,ty K�)f the Iniblic 1:)y reason of dflapiilalk,,in oT unsoundness oFskumnal strvnMb.- the BkRdirij,,; is a hazatxl tcp the safy, of" t11C P11111iC byr ru putt u,) " dilapidation Rw thc Moving lvasun%, Exterim ContMons: I � ll he are fid&g fturn the BUM9 in as nuiliber of places, rro ost. notably to tfie le,111, a'Ibove of'Llu! main antrance, A large secti()ri ofOleilu)fhths already (alian oiAu the fnmt 4aircase landing lora din. 11te ovat"l,OraTance, More pieca's aF the ivol' show inn s of dMe6almli.4,)n ant] (x)Wd fillL F"alling, 1,)Jecas rron], the Buildii'lig Could Cause serious dajnarge to arra on, Ote ptqpurty as ill pcxlesfiians passing by on, tlwsidewalk., 1 The skis leaditig to the 1"�"ont, le 1, and of the Budding aro ri,istod a.i-,W unmxind. Thae is a MWng stair tread �ipproxknatzly nlid,�-%V'ay up The rem, wahmase lling; to tile s-eCX, S C ,, )rld storcy', The- stoirs un the lef"t id o f the Boildirig luau ding, to the second storey-orc ex1rentoly rusted. Thestairs leading 1,0 gle I'llain enhm= of the Buildin, M-0 --a',richored to exterior brick th,'It shows s, i p S �,dxf stress. Tb(.,a slArmr; arc unsaf�w fbr tune and they a)uftl fiad urrrclrrt" live loacL ,3, "T'he retaining (jjj the p,,,(�)perty are dlflapidawd and hnzaj,d<,,)us to the public. The retainiiig swall to the left the flufldu-,ig has faded� ""Cerio'lls of eorwr'M arld Cindcr bb.ocks have 11jifen cmto the, edge of flic sidi� waW aiml reinainAn apile, A wo,oden harricadelias been plaxx:d partially on the side walk� aniongst the dWYK In addition, stt�PnQ,�r Jj[Mjve fallen oluo tile sideyvalk and wvalk'eau y to the niidnt;�ntraniee, firom the sumc retaining vvaF! at Ike Ant of the Buildhi'g, 71]xse qlones arW broker) curdei- po,.w a tril,)pink, 1"i,azard to individual s enrerhig tl ! pmpeny and, pLxIcs(rians using the sidewalk in tllktr high (Wnsity uxbwi aroa, V Ile Shed at the rM Of the prqpeny is dileilAdated with rm�,C(j nietal siding and rc)ften, wooden rrocif EMA 130R, ihm Wit and f1scia are hmiging Am Me Sbed, wit 6h could cait�wg hr j ary if Chi I Lu, 'e occiirs, OWN Covilltions: ll wAy I3UjJ(hn,j,�,% fi,as suffel-ed exteilsive water danu of decay. ge and k, in a sA'afe 111 mnItiplercooins thsoughout the Bt,jfldiug,:, watej° fia,%- pooled on the floor and is sittin,g Wignant, C',Ciling tiles are Warped, 'bowing and have Wjom flaiia is Peding MrOughcut We puri. ding, Gypvc and phster, 'walls acid ccAings liave I)CCUI 1-04131f)MI in nlultipl"o ](1catioris throughoiit the BuflMag Wayog Tt,, broken phaster and orurns bNA g�,Proc Covedug IN Ma0m. Expasal Whe is waWr stained ftaral pflymrmul avjui MDF b,oiards, luave been Wxad to the ecilirig in sonto aruas', Whicl-I to lie an afteropi 'to renledy dw wwxr chimage, hi a wom,all tj1C , sec(,,ind Storey the C61ing is afiqs'ing, qac P()SiF19'VRp0,U,r bamWr whii pooling Wn'tiant miator, Floohng in rainy raoins, rnost notobly in We basmucnL two salt due to VvMer sa=ion. M. Floodag ar'1 a ftont Of the BUilding is Severely sloped and lias dropped approxinlittely 6 We% The Hoodng spam Iii visjj)�[y j.0t,,jclj&,kj, space between hAidwood Mrs atiA basoboard tritn and a hole hltO the basortienl I -war dw filreplace, Walar has ran 1,41,111 the oppoqite side of 1,1 e roona tcmvards Rhe f4ilv(l side and inn Me bascatent, ThiS, rOOM iS extrctridy hazardotts and 11he fluorin,� �J, systein could 1"ifl titular load, A Tberu in luoken glass Erc�tn wiridows and dow-s thro:ugho tot, Budding. The gbss COW imury to We Odeling the Bunkfing-hout protedive equipmernt. wk 8a 'D,ere is black r-tould and, fbnzi g -ovd,) on the walls and odkgs tboudund the Building, Water damag, numhh.uld fangiall jar <m as respiratmy lrikv,,artf fbt- ffios,a who may, antet, the Budding. ShmehWaRy Unsound Building Conditivtis Subsection 19101P) afthc "'Womiciln"I'lidi A states No 1),urson khall Pannit a IWAing or structure: owned m o,o�-,npied by him or her to b000aie a hamad to Lhe safiety of" the �public,: by i:cw,7,tson of dfla-j.),idatiori or unsoandness al. snuchiral suengtli. The HuRding is, n, liazard to the safty offlw, publw- 1)y rcwioj°t of unsoundness, (-4s1ractural stren , g1b for, rh e, lmrll,rmt wmrmg reaso,.rts:, I . TA Wickwork on the exboicer! uf the Building is SOUCWHY unsound and causing mhcw. el , Qinents of Lhe Building to Wl ° Loose bricks are visible nmir the snain eiwaoce "r,vherc as large sWon of die roof has alteady faflen onto the ftnl stair as ami landi.11g, 1"alli'lag pieces of brick or other cictneats of Ow Building cr�)kdd cause slzlious darnage to anyone cw Clic projrorty as, well as p"I,cstrwns passing by an the sklewtlk 'The stairs lcadiiig to the main etitrance Of dic Building arc ancho,rut to cxtetior bAk that; shows signs or sums zw, i�ould also cause fajhire. 2, Thv gwim, Wading to the ICIA, WlAl War ClArance's of the Bt,61ding am rustai and structurally Unmmmd, `A,�"ing stairtreads, ru91 rand, dcterioj,-aition of the brickgwhioro the stAs are anchnred to IS [Building te S are not suf'� liar travel, I The rctaining vmHs ora MC PnVedy 41re structunilly unsound and, hazardr(ILIS to dic Publie" F Ile ex)nCreLe I-etairfilIL"?, Nall to the lell of tht Building is lealnng and has Wed %th sections of am,)crctc �,,ind cinder bhxks piled near (be pi 6fic ddewaJki TWe wife OWS`eCurc stones dislodging Hmm he atm; e wall at time fmgt or the properp y. fhese, stoties and, broken, cinder blocks, posc,aj tj-jppj1,,ag haza,rd to individuials eritciin,g the propoo,y inid pedestri-ans ming flwsidewalk irl the [nigh rJensily Lirk,)rar) area, ,L The inwrioi- lothe Bi,.iddaig iS 911110WIldly Unsound, ;peeifiu4,dly the ftnnt rootti Lhal hos fidled 41"Al caved W Me bas4.,mej it,. Extensme ovater darn] age suoughout 11 -le 1�t�ilding to key strucrurAmmbal cDmdbWWg g) Me SWUMMI, unsotaidness; of the 13W!dkg. The Hooting in the"baacro ent Wall wind deflects ti,n;dcr loati indicatjjjg suppc)rt, Reqoired Rentedial Actions Ile own= nano Sao mplywi III of 1he (AW), Optiolvs staited bel.ow-, 1: Ren'-11AY fliv of the BARling and Sl,j,ed ChroLibli all rerntir at,td aoti<,ms as T'hc Birilcling and Shed nuft bennOt be collipletely rcpaired, to remedy the above ni"o-litiolaccl huards to public sakly While, niceling the i-ecittirtnierents tFie Code, qfcr,'-.'cjnaej( (201p) as well as ,I,ll (jtljm T applicible by -jaws, 2, The Building atid Shed timst b�� Maintained, kept sevure, aj.q(,j rTionitom.1 oil rotaine bashswhile (he Propeny raniains vacanjor imaccalpied 3, A dewiled plantwost be wbrt),Rted to, die Waywd-t and (MMhUTI4y Developruievot Servicx-s Delmmuent of the (By of SaW Jdw (Ilan, fur review and approw,d. °.l -"'he phatt should it,Isc), include as sche(hd,o� fi')r ll:°a work that is U) be cuded mit 'The repaired Buikhng and Shed niust nicet the PAIMIal Bididing, .at. Tfie detailod plan, including, schi Moic;s, and any eng41 0 ldi, in 9 layitwer, r u, t appnwcd by the prior to conimencing rep a I w w0k, 5. A. buildhig 'rvm6t mtmst be aI,rjyr and all appljcabl. woA'k prior tc' oominericing said w<)rk fionn, tlit City m)f Saint John in orcler to couipty with dw� Neiiiji John lia,odding Ay4aw, By-law NutnIvr C.P,, 102 mead ainendmcnu therew (1he "'Sai'm J(,Ihn N. Ae premise must be clemal of A ddhis Ruid on the pro�peiiy, including a, and all rulibish tl,la be consdowJ Itamhas or tmsigNly. The debris front dic PirMise naust be d6posed (if at an appmW Mid waste Apmd atm.., in acccvf-danec witll all itim-&uible bWavvq as as rcgula,fio,,ns,,, "Documented proof, LIIIII eteiirly deanonstrates an approved ,,Aofid waste dkposal site was uwd R );r thc inust be provided to ffie Depadment, The pivni,iw, rxiwst compl� With al I 4PI) l I clibl e 13y -lata., Acts, "o4; es,,t nd R v, gul ati (,nj�q 60don 2.- Denixphtion Of1he Building and Shed nad cleanup al las. on the prernisc by COMPIIwing WWI al I the renavd al autfo n s m Roll ows: L The Building and S-bCd iniumt he demolished thcr ratiwvo the liazajxj R) the safaty (,'4' fl,w public by ivam of dilapidation and by ramon ofheing vacanl� or A demoRdwi permit itiust 1,),e Obtaineli *0111 the C!4y, m�,& Saint hAin, in o,'.Kder to Comply I'vith 111C SainfJohn Rudthpig 3, Tlie preinhe num Ilse ukarml of the debbs ftotn thdomofition, and the Icyt trwsl be made am anitbly level witli V ,j,ade so as to not OVMC a tdpong tw Rdl-ing hamuA, AM clvbris must be dislxiscd Of '4t ,Xfl aJ)p'FOlCd 80fid at is disposal sile, and jn "wCor("J."Ance QUI WI appHcable B3xIaNws,,, Acts and Regulallons, Dom-nented, proul", dent clettfly dctti on Str"~ai „ a n approwd Solid wastt di,rposal site ix -as Lj.sejfast thc disposal of debris, n1U,"41),O, prov"Wed Lo tlic Department, 4- M I dcbjj fil at jS CUrrent I , , 311 thQ premise triust be rern,qvcrd and (fi;aposed of a Wnw0i soll wamv disposal siw, and in accoftJ411CC with aAtl applical>)o ]By-laws, Acts and lgNtlations, Elocurilerut ed proof, fhat alearly cjem(- jrLstiuj utcs aI) UPPwoved solid as ten silewas ust-d( Or die disposa] ofdebris, avust be pmwided 14) data I'amp3mt,rta"i„aunt:° 1"he proj?crt�, oi,)st bc, jra CC)III;djaM0U With all LIJ?PliC4)I0 fiy-laws, Acts awl Pmpowd by-, to let, Van Wail, 1”, Tu chnical Services O"tams er FZIIF.l Reviewi",d by and untouiTcd Jo i by-, NMBA Building Inspector 'DePul'y Collullissiom�t (.1irawf[i and Comimin ily Devc.l,()j:nrj,aa Services M February 27, 2019 Case Number: 13-674 1•Lr-M 36/ 1111 Mr. Lang Lee 38 William Street Guelph, ON N1E 5E3 Buildings and Inspection Services / Services d'inspection et des batiments Phone / T61: (506) 658-2911 Fax / T06c: (506) 632-6199 Dear Mr. Lee, NOTICE OF COMMON COUNCIL HEARING RE: 149 Broad Street, Saint John, New Brunswick PID# 00000604 Please be advised that the Notice to Comply that was issued for the above noted property pursuant to the Saint .Zahn Unsightly Premises and Dangerous Buildings and Structures By-law on August 15, 2017 has expired. The conditions outlined in the Appeal Decision pursuant to the September 29, 2017 Substandard Properties Appeal Committee Hearing by Brian Maude have not been met. Enclosed for your reference is a copy of the Substandard Properties Appeal Committee Decision dated September 29, 2017. Therefore, the City of Saint John will be pursuing further enforcement action. City Staff will be attending the Common Council meeting scheduled on March 25, 2019 at 6:00 p.m. to recommend that the building be demolished as it has become a hazard to the safety of the public by reason of dilapidation and by reason of unsoundness of structural strength. Please be advised that at this meeting, you can present evidence that the building is not dilapidated or structurally unsound; however, note that this meeting will be your only opportunity to do so. The Table below details the conditions outlined in the Substandard Properties Appeal Committee Decision and an update as to if these conditions have been met, many of which, have not. Substandard Properties Appeal Committee' City of Saint John Update: Decision conditions as per page 7 a.) The Appellant shall submit his permit Building Permit 17-1385 was applied for on application and repair plan in sufficient December 14, 2017 for interior demolition time to allow for approval by the City only. A permit application for renovations has by 31 January 2018. not been received by this department. P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, NA. Canada E2L 4L1 Canada E2L 4L1 www.saintjohn.ca 250 Buildings and Inspection Services / Services d'inspection et des batiments Phone/ T61: (506) 658-2911 Fax/ T616c: (506) 632-6199 b.) The Appellant shall provide monthly Verbal updates were received that professionals progress updates to the City, on the last had been hired and were working on the project day of each calendar month, from the with plans in place. date of this Decision until the pen -nit application and repair plan are approved by the City, or until 31 January 2018, whichever is later. c.) The Appellant shall complete all Incomplete. An exterior inspection was repair -related remedies by 31 January completed on February 26, 2019. Partial 2019. interior demolition has been completed. A large pile of debris remains in the left side yard. d.) Between the date of approval of the The following verbal updates were received: permit application and repair plan, and . March 2018 — An architect was hired the completed of all repair -related and crews were scheduled to begin remedies on or before 31 January 2019, work, however they were waiting for the Appellant shall provide progress better weather. updates to the City on the following • May 2018 — Investors visited from out dates: of town and City staff met with them to i. 30 April 2018 explain enforcement procedures. ii. 31 July 2018 • June 2018 — The investors backed out, iii. 31 October 2018 but City staff was assured that there iv. 31 January 2019 was new funding for the project. • August/ September 2018 — A new investor discussed project with City planning and building staff. They did not pursue the project further. e.) From the date of this decision until the Numerous windows were found open and completion of all repair -related broken during the February 26, 2019 remedies, the Building is to remain inspection. secure at all times. £) From the date of this decision until the No fires were sustained. No Police reports on completion of all repair -related file. remedies in the event the Building sustains a fire, break-ins or other acts of vandalism, the City shall have the right to take enforcement action as necessary. g.) In the event the Building significantly Conditions have worsened, given the partial deteriorates any further, the City shall interior demolition. have the right to take enforcement action as necessary. 251 Buildings and Inspection Services / Services d'inspection et des bitiments Phone / Tel: (506) 658-2911 Fax / Telec: (506) 632-6199 Please do not hesitate to contact me at 658-2911. Regards, Rachel Van Wart, ETT Technical Services Officer Enclosure PM S E P Office ofth,e Cominon Clerk, City OfsaintJohn RO, Box 1971 Sairit Jcflm, NB E21, 41] Attention: Jonathan RE: Saiii-tJohn Sul3standard Properties Appeal :"ommilte Appeal File No. 2017-03 LangLee & Hir Loka v. The City, of SainfJohn I-Icaring- Fjiday, 29 September 2017, 10:00 am. Dear Mr, Taylor, Brian Alaude Suite 300 -- 85 Charlotte Street Saint John, New Brunswick [,-.,"2L 112 1"riday, 29 September 2017 I'Mclosed' please firid nD 'iy clsi con atria" Statemcfl ent -"Account floc services retidered withrespect toihe above-n(Acd inatter, Kindly atm'id to lirovidiiig a copy ofthe Decision to the Parties, Thaiik you for allowing Zile to assist YCM III IIIIISI ra'p rt i-, Should you haa ve n), questions gar concerns. please dt, riot hesiWc c to o 4, flenla'ial' truly, irect litiel- 506-658-3020 PW FILE,. 2017-03 IN Tf,jE MATTER OF AN APPEAL pur-suant to scctmn 190,01(2) R.S,N,B- 1973, c, M-2 and pursuant tui section, 26 @) ofthe a°l-fok Afinitnum, llroj'n,"rty Stando,rds Ry-Lai,v. No. M- 14 BETWEEN: LANG LEE & RAR LOKA Appellants TH E CITY OF SAINT JOHN Rcspondent DECISION OF THE SAIN'r JOHN SUBSTAINDARD PROPERTIES APPEAL COMMITTEE Parcel Identifier Number: ('00100604 Parcel Address: 149 Broad Strect. S,lint.Win, Ne\A,, Brunswick Registered Owners: t,xng 1xie & 11 ir 1,ok, a Hu'u-ing date; F'riday, 29 September 2M 7 Mm"I The Aplxllants, Lang Lee w1d, Ilir Loka, (the "Appellants,"') were the registered owners ofa property located at J 49 Broad Street in Saint John, New Brunswick (the "Property"), having the Property Identification Nuniber of 00000604. As as result of as propel transt , r registered on 20 September 20 17, Mr, Lee is the sole remaining, registered owner of the Property, However, both individuals appeared in ptvson at the hearing and made submissions, The, Respondent, the City ot'Saint John,was representM by Rachel Van Wart, EYF, a Technical Services Officer, and Ainy Poffenroth, P. Ei%, as B -law Enforcement Officer (together, the "City Officers") Pursuant to subsection, 190-01(3) of the New Brunswick A,Iunicipalities,4ct, R.S.N.B. 1973, c. M-22, as amended, (the ",,Ict"), as Notice to Comply was issued by theN/funicipal Officer of the City of SaintJohn on 15 August 2017 (the "Notice to Comply"), The Notice to Comply indicated that the Property was in contravention oftbe Saint John 1nslpht4,.Prenfilses, and Dangerous fluddings and SIruvures,8-Law, By- law number Y M-30 (the "By -Law"), and subsections 190,01(l), l 90,01(1, 1) and 190.01(2) of theAci, 4, The Notice to Coniply was, accora panicd by an Inspection Report prepared by Ms,, Van Wart, wbieb was reviewed andconcurred in by Ms. Poff fenroth (tbe "Inspection Report"), 5. 'rhe Inspection Report details as number of issues with the Property that bring it in contravention of the By -Law and the Act. The Property houses one large building (the "BuIlding") and one shed,, hi general,, those issues were: K&I o An accumulation ofjunk, rubbish and refuse on tile p,roperty; o Fallen, cracked, loose and spalling bricks on the Building's exteriur; 0 Deteriorated and, in one section, fallen, roof fasciae; # A dilapidated shed on'the Property; 0 One failed retaining wall; and o Nw-nerous issues with the Building's interior which include, bUt are not hinited to, extensive water darnage, crumbled wall and ceiling plaster, a, sloping and partially dropped floor, mould andfun gi growth on the walls aild ceilings,, and areas which have been vandalized 1hLARREA 6a The Appellants were served with the Notice to C,ornply by posting it oil the extenor of the Building on 17 August 2017, and also by personal service on 22 A ugust 21,11"x, A's the Appellants attended at the hearing, service is not at issue, 7. The Appellants filed a Notice of Appeal on ISeptember 01 T Their growids of appeal were that they required more firne in ordle�r tocomp�lete the plan they had for the Property. A Notice of Appeal was issued on I I September 2017, The Appeal was scheduled for 10:00 axn, on 29 September 2017, at the City Hall Building., Again, service is not at issue as all parties attended the hearing, 9. A,s required by Sectiori G, paragraph 4 ofthe [rot,ismons Governing the P�vcvdure and Page p 2 Operation of the SifinlJohn Substandard Properties .4ppecil Coinnfinee, I confirmed with the Appellants that the Notice to Comply was, indeed that wbich the Appellants sou®r it to appeal. P4911.1 10, 'T'he Appellants n -jade their representations first. They indicated that they were in the process of final zing their business plan in relation to the Property. Their plan is to convert the existing Building — constructed, according to the Appellants, in 1878 — into a Nursing Home, This, they submit, they can acconiplish with financing (which, they submit, the), are secuting), an architect's plan (which, they submit, they are obtaining) and some additional time ftom the City in which to complete their endeavour, 11, 'Fhe Appeflants, accepted all of the findings contained in the hispection Report, with the exception olf the finding that the Building is structurally unsound. 12. The Appellants concluded by indicating that they had discussed their building plan with the City and contend that they I'lad come to an agreement with regard to the execution of M� 11 r,jie Respondent was represented by the City Officers. Ms, Van Wall, presented a detailed tile, in 12 sections, outlining the procedural history of the Appeal as well as the findings niade by theles onde rt over the course of its examination of the Property, 14, Ms. Van Wart presented a number of photographs mibich support the findings rnade in the 'inspection Report, 'The Building looks to be in quite a dilapidated state. 15, As to the issue, ofstructural SOLIndness, the Inspection Report details that the Building is structUrally unsound ft')r the following reasons (set out on page 4 of the Inspection Report)' Page p 3 P491FA The brickwork ori the exterior (V'the Ruihfin,g is straduralry unsound andcauu� other eleinents of the Building too all. Loose bricks are visible, near the main entrance, svhere a large section of the roqf hav alreac,lv fiilhen onto Meftont staircase and landing Ftilling pieces (?f briek or oth. er elernents of the Building could cause serious thimage to on'yune on the proper(v as well aaspedestrians passing by on the sid6valk. The stairs leading lo thre remain entranve qfdze Building are anchored to exterior brick thalsholvs si 'ns q.. stress and cotild aZ.vo causeftidure, 2, Nie stairs leading to thefi-ont, lqfi, and rear entrances of Me Building are, rusted and struvturahlv unsound. His stair treads, rust and deterioralion o0he bricks "diere the stairs, arc, anchored to the Bid1ding illustrate that the stairs are riot sqj''Jbr travel. 3. The retaining vva/Is' on thepropeqv or(,, structurallY, imsound and hazardous to the public, ?"he concrete retaining ivall to, the hji q1 the Building is leaning and has.fWled with sections qf ce,,)ncrete and cinder blocks piled near the public sidenvalk. There are unsectire stones dislodgingfiom the stone wall (it theftonf o '1he proIxqv, These stones and broken cinder blocky,pose a iripping hazard to indiv4duals entering the prop, erty and pedestrians using the .stela i4vlk- in the high densio) to -ban area, 4, The interior fthe Building is striectura, fly unsound, speccedty Hien.,! -ont room Mal has joiled and caved into the basernent. E'xteavive vvoter darnage throtqhout, the Building to key structural ttiembers contributes to the Structural ionsoundness ql'the Building. 7;lee~ llcaerrirr ita the basernenl issofi and de 9 support. 16, The, Appellants,, in their submissions, disputed the Inspection Rep,ort and, contended that the Building is sound, They offered nothing additional in support of their, contention other than as commentary on seine of the interial wall fi-arning. Wbere the evidence of the Respondent differs from that of the Appellants on the issue of the Building's structural soundness, I prefer the evidence of the Respondent. 18. The Respondent confirincd the Appellants' contention that it had come to an agreement regarding the execution of the Appellantsplan for the property. However, the WBM Respondent indicatedthat it kyould only do as sutject to a certain number ofconditions, P4911-11 M, J'he Respondent outlined its conditions as, ffillows: The permit application and repair plan, are: to be submitt�ed b.),, the Appellants and approved by 31 January 2018, * The Building is to remain secure at all 01 -nes; * In tbe event the Building sustains a fire, break-ins Or Other acts of'vandalism, the City reserves the right to take enforcement action, as necessary; and, * In the event the Building sigiiii1cantly deteriorates further-, the City reserves the 6, ht to take enforcement action as necessary, 20, Furthermore, the Respondent set out two deadlines: 31 January 2018: the date by which the Appellants 'were to have their permit application land repair plan biuh subrrilticd and approved (the "First Deadline"); and 31 January 2019: the date by which the Appellants are to have their repair-,relatul rernedies, completed (the "Second Deadflue"), 2L In the event these deadlines are not met, the Respondent reserved the tight to proceed with enforcetnent action, 21 Finally, the Respondent indicated that: Page � 5 a between the three of the hearing and the First Deadline, it required monthly progyess updates from flieAppellants,� and 0111CC the j]CM1itiS iSSUed, it required quarterlypro gress updates from tile Appellants until the Second Deadline, N&I 2 , As ]indicated, the parties appeared to agree on this course of action, 24. The Notice to Coniply set out two rernedial actions available to the Appeflants, and the dates by which either ofthose options was to occur o the demolition of the Building, clean-up ofthe property anti related remedies must be complete, or plans and per mit applications for repair -related remedies, arrest be submitted within, 60 days of'being seri, ed with the Notice to Comply; and 4 the repair -related remedies mustbe complete within 180 days of"being served with the Notice to Coinply, 25, Howcvcr,, as indicated above, the Parties have agreed upon an alternate course of action, accotripanied by alternate time ft rhes. 26 Additionally, as Mr, Loka is no longer a regis,tered owner of the Property, I will rct'cf, only to Mr, Lee as the Appellant, and the order shall apply to whornsoever is the registered owner of the Property. 2T These proceedings, are govemed b BI - Law Respecting Stanilanisjbr kf�inlepuvwe and 0coup, ancy qfBid1clings and Preinists, By-law number M- 111 4 of" the City of Saint John, Subsection 26(4), of that By-law reads as follows: 216(4) On an appeal, the coninfilk"e, qf councd ina cot!firtn, rnod�f - raxi Y y ot nd the tiolice or i-rxtend the linieft)r eonipging With the notice, Page � 6 28. In lirot of the agreexnent between the Parties, I will rnodify the Notice to Comply, extend thetirne r complying with the Notice to Coniply, and issue the folloNving Decisiow Page I7 a) The Appellant shall submit his pennit application and repair plan in stifficient tjrna� to allow for approval by, the City by 31 Ranumy 20 1 S; b) Tlic Appellant shall provide monthly progress updates to the City, on the last day ofeach calendar trion-th, froin the date olf this, Decision until the pennit application and repair plan are approved by the City, or until 3 1 Jan -wary 201:8, whicliever is later; c) The Appellant shall complete all repair -related remedies by 31 January 2019; d) Between the date of aproval, of the pemiit application and repair plan, and the completion of all repair -related remedies on or before 3 1 January 2019, tfic Appellant slral.11 provide proggress updates to the City on the following dates: 30 April 2018; ii, 31 July 201118; iii' 31 October 2018; and iv, 31 January 2019 e) F'rorn the date aof this decision until the completion of all repair -related remedies, the'Building is to remain secure at all firnes; f) From the date of"this decision until die c(--nnpletion ofall repair -related. rernedies, in the event the Building sustains a fire, break-ins or other acts of vandalism, the City shall have the rigjit to takeentbrcenient action as necessary; and Pk -q g) In the event the Building significantly deed orates, any further, the City shall have the right to take enforcement action as necessary, 29. 'nic Notice toComply is theretbre modified as set out above and otheiivise reinains in full force and, effect. DATED at Saint John, New Bru,nswick this 29'" day of September 20 � 7. Page I 'S Brian Maude Chairperson Saint John Substandard Properties Appeal Committee Q.% Saint John Police Force Tee Off for Mental Health Committee Cst. Marc Hussey marc.hussey(a-)saintiohn.ca 506-343-2655 Chair Dawn O'Dell dawn. odella-cmhanb.ca 506-652-1447 Sponsorship Cst. Emily Hobbs James Higgins Kathy Dumouchel Christa Barton Troy MacLeod Meaghan Bailey Mailing Address: Canadian Mental Health Association of NB Saint John office Hilyard Place 560 Main Street, Suite A315 Saint John, NB E2K 1J5 SPONSOR INVITATION LETTER City of Saint John Mayor & Council Po Box 1971 Saint John, NB E21-41-1 Dear Mayor & Council, On Friday September 13th, 2019 the Saint John Police Force will once again host Tee Off for Mental Health at the Rockwood Park Golf Course in support of the Canadian Mental Health Association of New Brunswick (CMHA of NB) Saint John office. Tee Off for Mental Health will provide a great opportunity to feature your corporate brand and commitment to the promotion of mental wellness. Last year's tournament raised over $40,000 to support mental health initiatives within the greater Saint John area. These events are only possible with financial contributions from companies such as yours. In hopes of attracting sponsors from a variety of companies, we are offering several sponsorship levels: Dinner Sponsor - $7,500 Tournament Sponsor - $5,000 Hole -in -One Sponsor - $2,500 Gold Sponsor - $2,000 Of course, donations of any amount (monetary, prize or otherwise) would be accepted and greatly appreciated. Please contact Dawn O'Dell should you choose to support this event. All proceeds from our event will be benefiting the Canadian Mental Health Association of New Brunswick Saint John office. Please visit the website www.sipoliceteeoff.ca for event information and announcements prior to the event. We are grateful for everyone on and off the green who is committed to making mental health a priority in the greater Saint John area. Thank you for your consideration. Sincerely, N/ '-- Cst. Marc Hussey Saint John Police Force Chair, Tee Off for Mental Health Q-91 Tee Off for Mental Health Sponsor Invitation Package Supporting the Canadian Mental Health Association of New Brunswick Saint John office Rockwood Park Golf Course September 13th, 2019 We invite you to put your head in the game for mental health! This fall, the Saint John Police Force will once again host Tee Off for Mental Health at the Rockwood Park Golf Course. On September 13th, 2019 members of the community will have the opportunity to take part in a fundraising effort to support the Canadian Mental Health Association of New Brunswick (CMHA of NB) Saint John office. Great strides have been made in recent years towards recognizing the critical role mental health plays in our overall well-being and quality of life. Yet despite many advances, discrimination and stigma remain a reality for those living with mental illness. Tee Off for Mental Health raises funds, increases awareness, and encourages acceptance and support for individuals and families struggling with mental health issues. Founded in 1918, the Canadian Mental Health Association (CMHA) is a national charity that helps maintain and improve mental health for all Canadians. As the province -wide leader and champion for mental health, CMHA helps people access the community resources they need to build resilience and support recovery from mental illness. Tee Off for Mental Health will see teams from a cross section of people from the greater Saint John area. This tournament will attract 32 teams made up of companies, emergency services personnel and individuals from New Brunswick. This is your opportunity to get involved and become a sponsor. By becoming a sponsor, you will be recognized in partnership with the Saint John Police Force and Canadian Mental Health Association of New Brunswick Saint John office in assisting in one of our communities' greatest need - mental health! We want your company to be part of Tee Off for Mental Health! Please take this opportunity to review our sponsorship package and become involved. The CMHA of NB also has programs such as Changing Minds, Living Life to the Full, Applied Suicide Intervention Skills Training (ASIST), Kids Have Stress Too and safeTALK. You will be contributing to an organization that promotes "Mental Health for All". Get involved and lets all make a difference in our community. Sincerely, N� �� Cst. Marc Hussey Saint John Police Force Chair, Tee Off for Mental Health PURI Package Entitlements ** ** For Sponsorships of Monetary Value. *** Timelines must be adhered to - deadline for event poster April 15tH Please contact Dawn O'Dell dawn.odella-cmhanb.ca Your company logo required in a Vector "API" or High -Resolution Image. N1.1.1 DINNER TOURNAMENT HOLE -IN -ONE GOLD SPONSOR SPONSOR SPONSOR SPONSOR RECOGNITION AS TOURNAMENT SPONSOR IN ALL PROMOTION CATEGORY° EXCLUSIVITY BANQUET EXCLUSIVITY RECOGNITION AND WELCOME REMARKS YOUR COMPANY LOGO ON EVENT POSTER YOUR COMPANY LOGO ON EVENT PROGRAM YOUR COMPANY LOGO ON HOLE SIGN � YOUR COMPANY LOGO ON THE BANNER AT CLUBHOUSE COMPANY LOGO ON ALL MARKETING COLLATERAL - SOCIAL° MEDIA, WEBSITE, AND GOLF SCORE CARD YOUR COMPANY WILL RECEIVE A MENTAL HEALTH WORKSHOP OR PROGRAM FACILITATED BY CMHA OF NB ONE TEAM ENTRY PLAYERS) 00w Edi' (4 ** For Sponsorships of Monetary Value. *** Timelines must be adhered to - deadline for event poster April 15tH Please contact Dawn O'Dell dawn.odella-cmhanb.ca Your company logo required in a Vector "API" or High -Resolution Image. N1.1.1 Meeting Date I March 25, 2019 Deputy Mayor McAlary and Councillors, Subject: Canadian Tire Jumpstart Playground Gift RESOLVED that the Committee of the Whole, having met on March 11, 2019, recommends that Common Council adopt the following resolution at its meeting of March 25th, 2019: That the Common Council approves a Gift Agreement between Canadian Tire Jumpstart Charities ("Jumpstart") and the City of Saint John (the "City") upon the following terms and conditions, and authorizes the Mayor and Common Clerk to execute such an agreement: 1. Jumpstart shall a) arrange at its own expense for the construction and installation of an inclusive playground (the "Playground") at Rainbow Park; b) arrange for the aforesaid construction and installation of the Playground to be generally in accordance with the drawings in this regard submitted to Common Council at its meeting of March 11, 2019; 2. The City shall a) at its own expense undertake the site preparation work necessary to accommodate the construction and installation of the Playground including the installation of appropriate subsurface drainage systems, walkways and associated landscaping; b) provide to Jumpstart an Annual Report on the status of the Playground for the purpose of ensuring that the Playground, its walkways, landscaping, etc. are maintained in good condition; c) include in each Annual Operating Budget during the 15 year useful lifetime of the Playground sufficient funds to maintain the Playground in compliance with the City's policies and practices as well as all applicable standards; d) in the event of its default under the Agreement and if required by Jumpstart, make repayment to Jumpstart of the costs the latter incurred to the time of the default, but only in the event that the City has not remedied such default within 30 days of being advised in writing by Jumpstart of such default; 3. The City and Jumpstart shall each maintain general liability insurance in the amount of Five Million Dollars ($5,000,000) naming the other as an additional insured as well as automobile liability insurance with a limit of not less than Two Million Dollars ($2,000,000.00); M114.91-1 SAINTJOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4LI ------------ KIM 4. The Playground shall be named the Jumpstart Playground with corresponding onsite signage. Sincerely, Don Darling Mayor M111"M-1111 SAINT JOHN P.Q. Box 1971 Saint John, NB Canada E2L 4LI I wwwsaintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4LI W-1-13 March 25, 2019 Deputy Mayor and Councillors Subject: Easement Acquisition from Fundamental Baptist Church of Lancaster Civic # 1170 Sand Cove Road RESOLVED that as recommended by the Committee of the Whole having met on March 25, 2019, Common Council approve the following: 1. That the City acquire an easement for municipal services in portions of PID numbers 395889 and 55152979, upon the terms and conditions set out in the Offer attached to M&C 2019-43; and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Sincerely, Don Darling Mayor (P* - SAINT JOHN P.O. Box 1971 Saint John, EJB Canada E2L 4L1 I www.saintjohn.ca w C.R 1971 Saint John, N. -B. Canada E2L 4L1 K136.1 1170 Sand Cove Road: PID No.'s 395889 and 55152979 Printed: 03/05/19 10:50:15 AM Offer for Acquisition of an Easement for Municipal Services -- Portion of PID #'s 395889 and 55152979 In consideration for the acquisition of approximately 3,456 square metres f easement for municipal services in a portion of PID numbers 395559 and 55152979, as generally shown on the attached plan, titled "Manawagonish Creek Channel Upgrades Easement Sketch", as revised and dated December 18, 2018, The City of Saint John offers as payment and compensation, the sum of $12,073.00. As part of the transaction, The City of Saint John will: 1) prepare any plan of survey required to effect the conveyance; and 2) pay for registration and filing fees by Service New Brunswick, if applicable, for the plan and Grant of Easement. In the event the Vendor's title Is encumbered by a mortgage, the Vendor shall obtain from the financial institution a Postponement to the easement herein contemplated In registerable form, provided that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by the financial institution to give a Postponement. This offer is subject to Common Council approval. I'C'I(? a duly authorized representative for the owners of Trustees of The Fundamental Baptist Church of Lancaster, owners of PID #395889 and 55152979 off Sand Cove Road hereby accept the offer contained herein. Signal Date 271 Trustees of the ru.do.l.tol "", I Baptist Church of Lancaster PID 55152971 -SA .11 -lee" Key AQ 5� - 1:15.000 Trustee the Fundamental LDUMO. Trustees at 0 Sur - M� Baptist Church of Lancaster 0 SMS - � � _A� M 00 mm V RW Re- — I - 5W_ W I.W 0 emc CO�ew n* M e,e q_ ft� R�Pt. R� P�I C- cmlwnw IgLWMW T �ab P e� R CA Y of Saint John V Area P� no P� �M_ 'i - T4,40.4 W � 1024."_ ism D=—M 353.,?, P, 3" r'..Q 0_1 r5GQW. W— OU ft" 10"I/ so 55002.'5 M La. U� %arm. NEW DRUNSIM" GM CO-4)RDMTE S%WM ew 23531001. ft..ft 1. --t 10 CM 4. t' Wk M.. 5. P.'P� I— � wjw� naew a. e6 wan «a axwrntr rummust Or PLme Dku�l 0 . 7. �. _ it le, �Od — NO 321= IgLWMW T �ab P e� 11111IM111111=11 � MMMM MMMWMffi MMEMEIf 272 0 5SIMID. Plan of Survey Showing Easements for al Services crossing Trustees of the Fundamental Baptist Church of Lancaster propertieJrs cityj of Saint John Saint ohA CountyN.B. -- -25- "1 March 25, 2019 Deputy Mayor and Councillors Subject: Summer Arena Rental Agreement RESOLVED that as recommended by the Committee of the Whole having met on March 25, 2019, Common Council approve the following: That the Mayor and Common Clerk be authorized to execute the license agreement between the City of Saint John and Bezeau Skills Ltd. as attached to M&C 2019-56. Sincerely, r Don Darling Mayor GO - SAINT JOHN P.O. Box 1971 Saint John, EJB Canada E2L 4L1 I www.saintjohn.ca w C.R 1971 Saint John, N. -B. Canada E2L 4L1 1810:1 This License made in duplicate this day of March, 2019. BY AND BETWEEN: The City of Saint John, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor" OF THE ONE PART - and — 707990 N.B. Inc., a company duly incorporated under the laws of the Province of New Brunswick, having its head office at 42 Bayview Drive, in the City of Saint John, County of St. John, Province of New Brunswick, hereinafter called the "Licensee" OF THE OTHER PART WHEREAS the Licensor is the owner of premises known as the Hilton Belyea Arena located at 390 Lowell Street, Saint John, New Brunswick (the "Premises"); and WHEREAS the Licensee has submitted a proposal to the Licensor for the use of the Premises save and except: the ice plant and maintenance room; ice - making equipment; canteen, office and storage rooms of minor hockey and figure skating and also the use by the Licensor, its officers, servants, agents, contractors and workers of a right of way for access to and from those parts of the Premises not hereby licensed; and WHEREAS the Licensor has agreed to grant the within License upon the terms and conditions herein contained; NOW THEREFORE THIS INDENTURE WITNESSETH that for and in consideration of the charges stipulated in this License and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and license to the Licensee, its servants, agents, employees, contractors and invitees to enter into and upon and exit from the Premises during such days and periods of occupation and use as are more particularly set out below. All times referenced in this License are expressed in Atlantic Daylight Time and not otherwise. 1. The Licensee may occupy and use the Premises as follows: (a) Between Monday and Friday from May 5th, 2019 to June 30tH 2019 between the hours of 4:30pm until 11:30pm, inclusive; (b) Between Saturday and Sunday from May 5th, 2019 to June 30th, 2019 between the hours of 8:30am until 11:30pm, inclusive; (c) Between Monday and Friday from July 1st, 2019 to August 31st 2019 between the hours of 8:30am and 11:30pm, inclusive, but not otherwise, and License Agreement The City of Saint John and 707990 N.B. Inc. (d) Notwithstanding Article 1(a) to (c) above, the Licensee shall not occupy or use the Premises on May 20th, 2019 (Victoria Day), July 1st, 2019 (Canada Day) and August 5th, 2019 (New Brunswick Day) collectively (the "License Period"). 2. (i) The Licensee shall pay to the Licensor for the occupation and use of the Premises the amount of Ninety Three Thousand Dollars ($93,000.00) plus HST during the License Period (the "License Fee"); (ii) The payment of the License Fee shall be made to the Licensee by the Licensor by cash or certified cheque at the Office of the Commissioner of Finance, 9th Floor, City Hall Building, 15 Market Square, Saint John, New Brunswick, or such other place as may from time to time be designated by the Licensor in the following installments and before the date identified below for the payment of each installment: (a) On or before May 1st, 2019 in the amount of Fifteen Thousand Five Hundred Dollars ($15,500.00) plus HST for the month of May 2019; (b) On or before June 1st, 2019 in the amount of Eighteen Thousand Nine Hundred Dollars ($18,900.00) plus HST for the month of June 2019; (c) On or before July 1st, 2019 in the amount of Twenty Nine Thousand Three Hundred Dollars ($29,300.00) plus HST for the month of July 2019; (d) On or before August 1st, 2019 in the amount of Twenty Nine Thousand Three Hundred Dollars ($29,300.00) plus HST for the month of July 2019. (iii) The ice -time purchased at the Premises pursuant to the terms of this License shall be used by the Licensee; however, the Licensee may re -sell its purchased ice -time to a third party/third parties, which shall abide by the terms of this Agreement and which may be prohibited by the Licensor from using the Premises at its sole discretion. (iv) The Licensee shall provide to the Licensor on a weekly basis no later than the preceding Wednesday the Licensee's schedule of ice use for the following week (Sunday to Saturday, inclusive), together with the contact information for at least one individual for the group using the ice each time. Should there be any changes to the schedule of ice use, the Licensee shall notify the Licensor in writing immediately of any such changes. 3. (i) The Licensor may terminate this License and the Licensee shall have no further recourse should the Licensee fail to pay the License Fee pursuant to the terms of this License or otherwise fail to meet any obligations, conditions or agreements stipulated in this License. (ii) The Licensee may terminate this License upon the giving of advance written notice of Thirty (30) business days. Should such a termination occur, the Licensee shall be refunded a pro -rated share of the License Fee as calculated by reference to the days remaining during the License Period. PArR License Agreement The City of Saint John and 707990 N.B. Inc. 3 (iii) Should the Licensee terminate this License without giving the advance written notice required in Article 3(ii) above, the Licensee shall be obligated to pay to the Licensor, as a penalty for providing inadequate written notice, the equivalent of Three (3) weeks of the License Fee, as calculated by reference to the applicable License Fee payable in the month(s) that are covered by the specific period in question. 4. (i) The Licensee shall keep in place during the full term hereof comprehensive general liability insurance in a minimum amount of Five Million ($5,000,000.00) Dollars wherein the Licensor is named an "additional insured" and wherein there is a cross -liability clause, all of which also expressly covers and protects the Licensor in circumstances where the Licensee chooses to re -sell ice -time pursuant to Article 2(iii) above and which also expressly covers any allegations/claims of physical or sexual abuse; (ii) The Licensee shall provide a Certificate of Insurance to the Licensor at the time of the execution of this License evidencing the insurance coverage described in hereof and providing that coverage shall not be altered or cancelled without the insurers giving thirty (30) days' notice in writing to the Licensor prior to any such alteration or cancellation. 5. The Licensee shall not have any claim against the Licensor for loss or damage of any nature, kind or description whatsoever arising from the exercise or purported exercise of the License herein granted, unless such loss or damage is due to the negligence of the Licensor or its employees, servants or agents. 6. Notwithstanding Article 4 hereof, the Licensee does hereby indemnify and save harmless the Licensor from all damages, claims, demands, actions, suits or other proceedings by whomsoever made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with this License or anything done or purported to be done in any manner hereunder. 7. The Licensee and all the Licensee's customers shall, at all times, comply with such rules and regulations in use by the Licensor from time to time as may be reasonably applicable, currently entitled "City of Saint John Parks & Recreation Arena Use Regulations", a copy of which is attached hereto as Schedule "A". 8. Except in accordance with the terms of this License, the Licensee shall not assign, transfer or otherwise by any act cause or permit this permission and license or any portion hereof to be assigned or transferred to any person(s) whomsoever. 9. The Licensee shall, upon the termination of this License, immediately and at its own expense, remove from the Premises any and all property brought or placed upon the Premises by the Licensee and shall restore the Premises to as good an order and condition as prevailed immediately prior to the commencement of the term hereof and in the event of the failure of the Licensee to do so with reasonable expedition, of which the Licensor shall be the sole judge, the Licensor may effect such removal and restoration at the Licensee's own risk and expense, but the Licensor shall be by reason of any action taken or things required under this paragraph be entitled to compensation, reimbursement and indemnity from the Licensee. PAW -1 License Agreement The City of Saint John and 707990 N.B. Inc. 4 10. The Licensor shall: (a) maintain the ice and operate the premises at the same standard used during the regular season; (b) pay for all maintenance and operating costs; (c) provide one experienced employee on site during the hours of operation; (d) in the event of breakdown that causes the Premises to be unavailable for a day or any portion thereof, the Licensee shall be given a Five Hundred Dollar ($500.00) credit per day up to a total maximum of Fifteen Thousand Dollars ($15,000.00). Should any credit arise by operation of this paragraph, the Licensee shall be able to apply such credit toward ice time at any of the Licensor's four (4) arenas at the prevailing rates that apply at the time between the dates of November 1st, 2019 to March 30th, 2020 or November 1st, 2020 to March 30th, 2021. Under this arrangement, the Licensor shall provide the Licensee with a list of available dates and times by October 15th, 2019 or 2020, as applicable, and the Licensee shall, in turn, select the dates and times for which the credit will be used by not later than November 15th, 2019 or 2020, as applicable. Any credit that is not used before March 30th, 2021 shall expire and no longer be valid. (e) The Licensor shall not lease any of its other Three (3) arenas to any other individuals or entities between May 5, 2019 and August 31, 2019 for activities that would be in direct competition with the activities of the Licensor, namely that of an ice hockey training school, and, during the aforementioned period, there shall be no ice surfaces in the Licensor's other Three (3) arenas. IN WITNESS WHEREOF the parties hereto have set their corporate seals duly attested by the signatures of their properly authorized officers respectively the day and year first above written. Signed, sealed and delivered THE CITY OF SAINT JOHN Don Darling, Mayor Jonathan Taylor, Common Clerk Common Council Resolution: March , 2019 707990 N.B. Inc. Per: PxrA Andrew Bezeau, President SCHEDULE "A" CITY OF SAINT JOHN PARKS & RECREATION ARENA USE REGULATIONS 1) Ice maintenance is completed at times mutually agreed by the Licensee and Licensor except that the Licensor at its sole discretion may cause ice maintenance to occur at any time to ensure the quality of the ice. 2) Should any booked period be sold to another user, the Licensor must be so advised. Should a dispute arise at the rink, the attendant will defer to the Licensee. 3) The City's Arena Code of Conduct is in effect. 4) The Licensee is responsible for damages to the premises arising out of his use of the facility. 5) The arena attendant on duty is in complete charge of the facility, and his/her instructions are to be followed at all times. 6) All persons on the ice must wear skates. 7) No food or drink is allowed while skating. 8) The City of Saint John, its employees, and agents, cannot be held responsible for any personal injury suffered by any user as a result of the Licensee's programs. f►XE:3 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Jonathan Taylor, of the Town of Quispamsis, in the County of Kings and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the Common Clerk of The City of Saint John and have custody of the Common Seal hereof. 2. THAT the seal to the foregoing instrument affixed is the Common Seal of The City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. THAT the signature "Don Darling" to the said instrument is the signature of W. Donald Darling, Mayor of the said City, and the signature "Jonathan Taylor" thereto is my own signature. 4. THAT we are the proper officers to sign the foregoing instrument on behalf of The City of Saint John. SWORN TO BEFORE ME at the City of Saint John, in the County of Saint John and Province of New Brunswick this day of , 2018 Commissioner of Oaths Being a Solicitor PAW61 Jonathan Taylor COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK I, Andrew Bezeau, of the of , County of and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the President of 707990 N.B. Inc., the licensee named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of 707990 N.B. Inc. is the corporate seal of the said 707990 N.B. Inc., the contractor named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 3. THAT the signature "Andrew Bezeau" subscribed to the said instrument is my signature and as I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the of in the Province of New Brunswick on the day of , 2019. SWORN TO BEFORE ME at the of in the County of and Province of New Brunswick this day of , 2019 Commissioner of Oaths ) Being a Solicitor ) M -11i1 Andrew Bezeau March 25, 2019 Deputy Mayor and Councillors Subject: Committee Appointment— Develop Saint John RESOLVED that as recommended by the Committee of the Whole having met on March 25, 2019, Common Council approves the following: Develop Saint John: to appoint Alanna Waberski for a 3 year term from March 25, 2019 to March 25, 2022. Sincerely, r Don Darling Mayor GO - SAINT JOHN P.O. Box 1971 Saint John, EJB Canada E2L 4L1 I www.saintjohn.ca w C.R 1971 Saint John, N. -B. Canada E2L 4L1 181.151 March 25, 2019 Deputy Mayor and Councillors Subject: SCDWP —Global Settlement RESOLVED that as recommended by the Committee of the Whole having met on March 25, 2019, Common Council approves the following: 1. That the City approve the Global Settlement described to Committee of the Whole in closed session at its March 25th, 2019 meeting; and 2. That the Mayor and Clerk be authorized to execute the Minutes of Settlement effecting the Global Settlement in the form as attached to M&C 2019-65; and 3. That the Minutes of Settlement be made publically available once they are formally approved by Port City Water Partners. Sincerely, Don Darling Mayor G -D., SAINT JOHN P.O. Box 1971 Saint John, EJB Canada E2L 4L1 I www.saintjohn.ca w C.R 1971 Saint John, N. -B. Canada E2L 4L1 WIN