2021-01-25_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
AGENDA
Monday, January 25, 2021
6:00 pm
Meeting Conducted by Electronic Participation
Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le
bureau du greffier communal au 658-2862.
1. Call to Order
2. Approval of Minutes
2.1. Minutes of November 9, 2020
2.2. Minutes of December 14, 2020
2.3. Minutes of January 11, 2021
3. Approval of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1. Proposed Public Hearing Date — 3396 Loch Lomond Road (Recommendation
in Report)
5.2. IBI Solution (Recommendation in Report)
5.3. City Market Lease with 721360 NB Ltd DBA Slocum & Ferris (Recommendation
in Report)
5.4. Clarifying Application of Recreation Subsidization and Ice Allocation Policies
(Recommendation in Report)
6. Members Comments
7. Proclamation
Pages
5-15
16-31
32 - 46
47 - 48
49 - 72
73 - 103
100 - 101
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10
11
12
13
14
15
Delegations / Presentations
8.1. Shared Risk Pension Plan
Public Hearings - 6:30 p.m.
Consideration of By-laws
10.1. Vehicle for Hire By -Law (1 st and 2nd Reading)
10.2. Proposed Zoning Bylaw Amendment with Section 59 Conditions - 144
Lansdowne Ave (3rd Reading)
10.3. Proposed Zoning Bylaw Amendment with Section 59 Conditions - 19 Paddock
St (3rd Reading)
Submissions by Council Members
11.1. Ability NB (Councillor Norton)
11.2. Ride -Sharing (Councillor Norton)
Business Matters - Municipal Officers
12.1. City Manager Update (Verbal)
12.2. Workplan 2020 Review
12.3. Workplan 2021 Introduction
12.4. Economic and Community Recovery Program: On -Street Parking Subsidy
Pilot Program
12.5. Fundy Winterfest
Committee Reports
Consideration of Issues Separated from Consent Agenda
General Correspondence
15.1. M. Buckley: Support UN Treaty to Ban Nuclear Weapons (Recommendation:
Receive for Information)
15.2. R. De Robertis: Support UN Treaty to Ban Nuclear Weapons
(Recommendation: Receive for Information)
Supplemental Agenda
102 - 116
117 - 120
121 - 123
124 - 126
127 - 127
128 - 129
130 - 139
140 - 151
152 - 166
167 - 170
171 - 171
172 - 172
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17. Committee of the Whole
17.1. Fundy Quay - Option Agreement Amendments 173 - 178
17.2. Interim Funding - Regional Economic Development Agency of Greater Saint 179 - 184
John
18. Adjournment
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COMMON COUNCIL / CONSEIL COMMUNAL
November 9, 2020 / le 9 novembre 2020
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
NOVEMBER 9, 2020 AT 6:00 PM
2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL
Present: Mayor Don Darling
Deputy Mayor Shirley McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 Sean Casey
Councillor Ward 2 John MacKenzie
Councillor Ward 3 Donna Reardon
Councillor Ward 3 David Hickey
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Also Present: City Manager J. Collin
General Counsel M. Tompkins
Fire Chief & Chief Emergency Management Services K. Clifford
Chief of Staff & Chief Financial Officer K. Fudge
Commissioner, Human Resources S. Hossack
Commissioner, Public Works and Transportation Services M. Hugenholtz
Commissioner, Utilities & Infrastructure Services B. McGovern
Commissioner, Growth & Community Services J. Hamilton
Director Legislative Services / City Clerk J. Taylor
Deputy Clerk P. Anglin
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November 9, 2020 / le 9 novembre 2020
Note: The original version of the minutes was lost during the November 131" cyberattack.
This resolution only version has been recreated from staff notes.
1. Call to Order
2. Approval of Minutes
2.1 Minutes of October 26, 2020
Moved by Deputy Mayor McAlary, seconded by Councillor McKenzie:
RESOLVED that the minutes of October 26, 2020 be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the agenda with the addition of Item 17.1 Transit Legislative
Amendments, be approved.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M&C 2020-
268: Manulife Financial Contract Renewal ASO Agreement, the City renew the
Administrative Services Only Contract with The Manufacturers Life Insurance Company
for the administration of the City of Saint John extended health and dental group benefits
as outlined in the contract attached to M&C 2020-268; and that the Mayor and City Clerk
be authorized to execute the necessary documents.
5.2 That as recommended by the City Manager in the submitted report M&C 2020-
272: Stop Up and Close Portion of Proud Road Common Council adopt the following:
1. That the Public Hearing to consider the passing of a By-law to Stop -up and close a
26,820 square metre portion of a public street known as Proud Road, as illustrated
on the submitted map and as described in Schedule "A" as submitted, be set for
Monday, December 7, 2020 at 6:30 p.m. in the Council Chamber; and
2. That Common Council authorize the publishing of a notice of its intention to
consider passing of such By-law identified above.
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5.3 That as recommended by the City Manager in the submitted report M&C 2020-
270: Street Naming, Common Council amend the list of Official Names and approve the
following changes:
1. Add "cour Madeleine Court".
5.4 That as recommended by the City Manager in the submitted report M&C 2020-
275: Engineering Services: One Mile Lift Station Common Council approve the proposal
from CBCL Limited, for engineering design and construction management services for the
One Mile Lift Station project in the amount of $668,006.25 including HST be accepted;
and that the Mayor and Common Clerk be authorized to execute the appropriate
documentation in that regard.
5.5 That as recommended by the City Manager in the submitted report M&C 2020-
279: Mail Delivery Service Common Council approve that the City enter into a monthly
Standard Terms of Service contract with Mailchimp for email message delivery services;
and, that Common Council accept the Standard Terms of Service contract and authorize
staff to create the account for email delivery services.
5.6 That as recommended by the City Manager in the submitted report M&C 2020-
273: Proposed 2021 Council Meeting Schedule, the Common Council meeting scheduled
for Monday, December 21, 2020 be cancelled and the submitted 2021 Common Council
meeting schedule be approved.
5.7 That as recommended by the City Manager in the submitted report M&C 2020-
269: Oracle Canada ULC Contract Renewal 2021, Common Council approves that the City
renew the Contract with Oracle for the Talent Management software, Taleo as outlined
in the contract attached to M&C 2020-269; and that the Mayor and Common Clerk be
authorized to execute the necessary documents.
5.8 That as recommended by the City Manager in the submitted report M&C 2020-
278: Website Hosting Common Council approves that the City enter into a monthly Terms
of Service agreement with Digital Ocean for website hosting services; and, that Common
Council accept the Terms of Service in the agreement and authorize staff to create the
account for hosting services.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out in each consent agenda item respectively,
be adopted.
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November 9, 2020 / le 9 novembre 2020
6. Members Comments
7. Proclamations
8. Delegations/Presentations
9. Public Hearings 6:30 PM
9.1 Proposed Zoning Bylaw Amendment — 215 Somerset Street ( 15t and 2nd Reading)
The City Clerk advised that the necessary advertising was completed with regard to
rezoning a parcel of land having an area of approximately 923 square metres, located at
215 Somerset Street, also identified as PID Number 00025130, from Two -Unit Residential
(R2) to General Commercial (CG) with no written objections or letters of 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 September 29, 2020 meeting
at which the Committee recommended the rezoning of 215 Somerset Street with Section
59 Conditions.
The Mayor called for people to speak against the proposed amendment with no one
presenting.
The Mayor called for people to speak in favour of the proposed amendment with Maria
Jimenez, applicant, presenting.
Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" rezoning a parcel of land having an area of approximately 923 square metres,
located at 215 Somerset Street, also identified as PID Number 00025130, from Two -Unit
Residential (R2) to General Commercial (CG), 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 Councillor Merrithew, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" rezoning a parcel of land having an area of approximately 923 square metres,
located at 215 Somerset Street, also identified as PID Number 00025130, from Two -Unit
Residential (R2) to General Commercial (CG), be read a second time.
MOTION CARRIED.
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November 9, 2020 / le 9 novembre 2020
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 Municipal Plan Amendment, Zoning Bylaw Amendment and Section 59
Conditions — 2304-2310 Ocean Westway with PAC Report and Staff Presentation ( 11t and
2nd Reading)
The City Clerk advised that the necessary advertising was completed with regard to the
proposed Municipal Plan and Re -zoning amendments of a parcel of land located at 2304-
2310 Ocean Westway to re -designate on Schedule A of the Municipal Plan, a parcel of
land with an area of approximately 1.61 hectares, located at 2304-2310 Ocean Westway,
also identified as PID Number 55007074 and a portion of PID Number 00465856, from
Stable Area to Employment Area; re -designate on Schedule B of the Municipal Plan, a
parcel of land with an area of approximately 6258 square metres located at 2304-2310
Ocean Westway, also identified as PID Number 55007074 and a portion of PID Number
00465856 from Stable Residential to Stable Commercial; re -designate on Schedule B of
the Municipal Plan, a parcel of land with an area of approximately 9879 square metres
located at 2310 Ocean Westway, also identified as a portion of PID Number 00465856,
from Rural Resource (within the Primary Development Area) to Stable Commercial
(within the Primary Development Area); and rezoning a parcel of land having an area of
approximately 1.08 hectares, located at 2310 Ocean Westway, also identified as a portion
of PID No. 00465856, from Two -Unit Residential (R2) to General Commercial (CG), to
permit a commercial development.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning staff's report considered at its October 20, 2020 meeting at
which the Committee recommended approval as set out in the staff recommendation 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
Doug Young, Jennifer Kuske and Brian Irving presenting.
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
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 1.61 hectares, located at 2304-2310 Ocean Westway, also identified as PID
Number 55007074 and a portion of PID Number 00465856, from Stable Area to
Employment Area classification; amending Schedule B — Future Land Use, by
redesignating a parcel of land with an area of approximately 6258 square metres located
at 2304-2310 Ocean Westway, also identified as PID Number 55007074 and a portion of
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November 9, 2020 / le 9 novembre 2020
PID Number 00465856 from Stable Residential to Stable Commercial classification; and
amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of
approximately 9879 square metres located at 2310 Ocean Westway, also identified as a
portion of PID Number 00465856, from Rural Resource to Stable Commercial
classification, be read a first time.
MOTION CARRIED.
Read a first time by title, the by-law entitled, "A Law to Amend the Municipal Plan By -
Law".
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
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 1.61 hectares, located at 2304-2310 Ocean Westway, also identified as PID
Number 55007074 and a portion of PID Number 00465856, from Stable Area to
Employment Area classification; amending Schedule B — Future Land Use, by
redesignating a parcel of land with an area of approximately 6258 square metres located
at 2304-2310 Ocean Westway, also identified as PID Number 55007074 and a portion of
PID Number 00465856 from Stable Residential to Stable Commercial classification; and
amending Schedule B — Future Land Use, by redesignating a parcel of land with an area of
approximately 9879 square metres located at 2310 Ocean Westway, also identified as a
portion of PID Number 00465856, from Rural Resource 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 Norton:
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 1.08 hectares, located at 2310 Ocean
Westway, also identified as a portion of PID No. 00465856, from Two -Unit Residential
(R2) to General Commercial (CG), 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:
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COMMON COUNCIL / CONSEIL COMMUNAL
November 9, 2020 / le 9 novembre 2020
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 1.08 hectares, located at 2310 Ocean
Westway, also identified as a portion of PID No. 00465856, from Two -Unit Residential
(R2) 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."
10. Consideration of Bylaws
10.1 Repeal and Replace a Bylaw respecting Fees for Fire Protection Services in The City
of Saint John (111 and 2nd Readina)
Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary:
RESOLVED that the bylaw entitled "By -Law Number L.G.-10 A By -Law respecting Fees for
Fire Protection Services in The City of Saint John" repealing and replacing By -Law Number
L.G.-9 A By -Law respecting Fees for Fire Protection Services in The City of Saint John and
adding Schedule "C" to include fees for non-resident motor vehicle accidents, nuisance
false alarms, thrill -seeking activities, and violations in recreational burning, be read a first
time.
MOTION CARRIED with Councillor Casey voting nay.
Read a first time by title, the by-law entitled, "By -Law Number L.G.-10 A By -Law
respecting Fees for Fire Protection Services in The City of Saint John".
Moved by Councillor MacKenzie, seconded by Councillor Sullivan:
RESOLVED that the bylaw entitled "By -Law Number L.G.-10 A By -Law respecting Fees for
Fire Protection Services in The City of Saint John" repealing and replacing By -Law Number
L.G.-9 A By -Law respecting Fees for Fire Protection Services in The City of Saint John and
adding Schedule "C" to include fees for non-resident motor vehicle accidents, nuisance
false alarms, thrill -seeking activities, and violations in recreational burning, be read a
second time.
MOTION CARRIED with Councillor Casey voting nay.
Read a second time by title, the by-law entitled, "By -Law Number L.G.-10 A By -Law
respecting Fees for Fire Protection Services in The City of Saint John".
11. Submissions by Council Members
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November 9, 2020 / le 9 novembre 2020
11.1 Request to Province to Move Legislation Forward (Councillor Sullivan)
Moved by Councillor Hickey, seconded by Councillor Norton:
RESOLVED that the Council of the City of Saint John write a letter to Premier Blaine Higgs,
Honourable Daniel Allain (Minister of Local Government and Local Governance Reform),
Honourable Trevor Holder (Minister of Labour), and our other Saint John Members of the
Legislative Assembly asking that legislation be moved forward in the first sitting of the
new government regarding Interest Arbitration reform, improved Regional Facilities
legislation and allowing Saint John Energy's Growth Agenda;
Further that the changes to these pieces of legislation proceed as outlined in "Sustaining
Saint John — A Three -Part Plan" and further discussed between the provincial and city
governments over the past year; and,
Further that the letter also re-emphasize the importance of the other transformational
reforms highlighted in "Sustaining Saint John — A Three -Part Plan". To this end we look
forward to further discussions between provincial and city staff and all Saint John elected
officials to move these critical challenges forward.
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11.2 Selection of Deputy Mayor (Deputy Mayor McAlary)
The City Manager stated that a recommendation on the selection process for the Deputy
Mayor position will be brought back to Council for consideration by the end of February,
with best practice considerations being part of the recommendation.
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the selection process of Deputy Mayor be referred to the City Manager
and City Clerk to bring forward a by-law in written form for approval by Council before
the end of February 2021, to be in place before the 2021 election season commences.
MOTION CARRIED.
15.1 Fundy Regional Services Commission: Plastic Bag Bylaw (Recommendation: Refer
to City Manager)
The City Manager noted that the Fundy Regional Services Commission is requesting that
a common approach with respect to the prohibition of single use plastics for all
municipalities in the area be implemented by the summer. The City is able to bring a
bylaw to Council for approval within the timeline requested. The only caveat is that the
Federal Government may implement legislation that prohibits single use plastic; in that
case, it would not be necessary to proceed with a bylaw.
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November 9, 2020 / le 9 novembre 2020
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the letter from the Fundy Regional Services Commission regarding the
implementation of a Plastic Bag Bylaw be referred to the City Manager.
MOTION CARRIED with Councillor Armstrong voting nay.
11.3 Plastic Bag Bylaw (Councillor Hickey)
Moved by Councillor Hickey, seconded by Councillor Reardon:
RESOLVED that the City of Saint John develop a plastic bag ban bylaw and an
implementation strategy with a deadline of June 2021.
MOTION CARRIED with Councillor Armstrong voting nay.
12. Business Matters - Municipal Officers
12.1 City Manager Update (Verbal)
The City Manager provided an update to Council on the following:
• The Provincial Government has approved $400K to the City to offset the transit
deficit due to the impact of COVID-19. This funding will cover the operating deficit
and also allow the resumption of Sunday transit services,
• The "Pop -Up Market" at the City Market on Sundays has received very positive
feedback and will continue,
• Development and Building Permit activity continues to be very strong.
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that the City Manager verbal update be received for information.
MOTION CARRIED.
12.2 Winter Management Plan Overview
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the submitted report M&C 2020-263: Winter Management Plan Overview
be received for information.
MOTION CARRIED.
12.3 MoveSJ Draft Road Safety Strategy
Moved by Councillor Casey, seconded by Councillor Sullivan:
RESOLVED that the submitted report M&C 2020-276: MoveSJ Draft Road Safety Strategy
be received for information.
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COMMON COUNCIL / CONSEIL COMMUNAL
November 9, 2020 / le 9 novembre 2020
13. Committee Reports
13.1 The Citv of Saint John New Resident Guide
Moved by Councillor Reardon, seconded by Councillor Norton:
RESOLVED that the submitted report M&C 2020-277: The City of Saint John New Resident
Guide be received for information.
MOTION CARRIED.
13.2 City of Saint John Climate Change Adaptation Plan
Moved by Councillor Norton, seconded by Councillor Hickey:
RESOLVED that as recommended by the City Manager in the submitted report M&C 2020-
271: City of Saint John Climate Change Adaptation Plan Presentation, Common Council:
1. Adopt the Climate Change Adaptation Plan attached as Appendix B,
2. Develop a climate change committee to oversee implementation of the Climate
Change Adaptation Plan, and,
3. Incorporate the Climate Change Adaptation Plan into the next iteration of the
Municipal Plan or during the next comprehensive review.
MOTION CARRIED with Councillor Armstrong voting nay.
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.2 Uptown Saint John Inc. — Request to Present (Recommendation: Refer to Clerk to
Schedule
Moved by Councillor Sullivan, seconded by Councillor Merrithew:
RESOLVED that the Uptown Saint John Inc. request to present be referred to the Clerk to
schedule.
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15.3 Province of New Brunswick: Safe Restart Program
Moved by Councillor MacKenzie, seconded by Councillor Hickey:
ID
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COMMON COUNCIL / CONSEIL COMMUNAL
November 9, 2020 / le 9 novembre 2020
RESOLVED that the letter from Minister Allain regarding the Safe Restart Program be
referred to the City Manager.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Transit Legislative Amendment
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that as recommended by the Committee of the Whole, having met on
November 9th, 2020, the City petition the Province for a bill to amend the Saint John
Transit Commission Act and issue any public notice as required under private bill
procedures.
MOTION CARRIED.
18. Adjournment
Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew:
RESOLVED that the meeting of Common Council held on November 9, 2020 be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 9:50 p.m.
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COMMON COUNCIL / CONSEIL COMMUNAL
December 14, 2020 / le 14 decembre 2020
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
DECEMBER 14, 2020 AT 6:00 PM
2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL
Present: Mayor Don Darling
Deputy Mayor Shirley McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 Sean Casey
Councillor Ward 2 John MacKenzie
Councillor Ward 3 Donna Reardon
Councillor Ward 3 David Hickey
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Also Present: City Manager J. Collin
General Counsel M. Tompkins
Fire Chief & Chief Emergency Management Services K. Clifford
Chief of Staff & Chief Financial Officer K. Fudge
Commissioner, Human Resources S. Hossack
Commissioner, Public Works and Transportation Services M. Hugenholtz
Commissioner, Utilities & Infrastructure Services B. McGovern
Commissioner, Growth & Community Services J. Hamilton
Director Legislative Services / City Clerk J. Taylor
Deputy City Clerk P. Anglin
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COMMON COUNCIL / CONSEIL COMMUNAL
December 14, 2020 / le 14 decembre 2020
1. Call to Order
2. Approval of Minutes
2.1 Minutes of November 30, 2020
Moved by Councillor Sullivan, seconded by Councillor Merrithew:
RESOLVED that the minutes of November 30, 2020 be approved.
MOTION CARRIED.
2.2 Minutes of December 7, 2020
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that the minutes of December 7, 2020 be approved.
MOTION CARRIED.
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the agenda of this meeting be approved with the following changes:
• Council acknowledge receipt of an updated replacement report for Consent item
5.3;
• The addition of 17.2 recommendation from Committee of the Whole re Fundy
Quay Option Agreement Amendment; and
• The addition of item 17.3 recommendation from Committee of the Whole re 2021
Mayor's New Year's Day Levy.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
• Councillor Hickey declared a conflict of interest on items 5.2 and 15.2.
• Councillor Sullivan declared a conflict of interest on items 12.2 and 15.1.
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report entitled
Aurora Cannabis Enterprises Inc., Common Council approve the consent for the use and
registration of the trademark "Where It All Began" by Aurora Cannabis Enterprises Inc. in
association with certain goods and services as set out in the submitted document titled,
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MedReLeaf Corp Application for Registration Proof Sheet (the "Proof Sheet"), and that
the Mayor and City Clerk be authorized to execute the said consent.
5.2 Referred to item 14.1 for discussion - St. Vincent School Affordable Housing
5.3 That as recommended by the City Manager in the submitted report entitled
Community Centre Agreement Renewals Common Council approve the following:
1. That the parties renew the agreement in consideration for the annual sum of
$180,000.00 (HST included) between the City of Saint John and Carleton Community
Centre, Inc. for services at the Carleton Community Centre for a period of two (2) years,
from January 1, 2021 until December 31, 2022, as outlined in Appendix 'A' of this report
and that the Mayor and Common Clerk be authorized to sign all necessary
documentation.
2. That the parties renew the agreement in consideration for the annual sum of
$95,988.20 (HST included) between the City of Saint John and the YMCA of Greater Saint
John Inc. for community centre services at the Irving Oil Field House for a period of two
(2) years, from January 1, 2021 until December 31, 2022, as outlined in Appendix 'B' of
this report and that the Mayor and Common Clerk be authorized to sign all necessary
documentation.
3. That the parties renew the agreement in consideration for the annual sum of
$53,572.00 (HST included) between the City of Saint John and the YMCA of Greater Saint
John Inc. for services at the Millidgeville Community Centre for a period of two (2) years,
from January 1, 2021 until December 31, 2022, as outlined in Appendix 'C' of this report
and that the Mayor and Common Clerk be authorized to sign all necessary
documentation.
4. That the parties renew the agreement in consideration for the annual sum of
$166,876.14 (inclusive of any applicable taxes) between the City of Saint John and ONE
Change Inc. for services at the Nick Nicolle Community Centre for a period of two (2)
years, from January 1, 2021 until December 31, 2022, as outlined in Appendix of this
report and that the Mayor and Common Clerk be authorized to sign all necessary
documentation.
5. That the parties renew the agreement in consideration for the annual sum of
$95,076.06 (HST included) between the City of Saint John and the Boys and Girls Club of
Saint John Inc. for services at the South End Community Centre, as well as an annual
unconditional grant of $42,806.61 (HST included) for operations at 1 Paul Harris Street,
for a period of two (2) years, from January 1, 2021 until December 31, 2022, as outlined
in Appendix'E' of this report and that the Mayor and Common Clerk be authorized to sign
all necessary documentation.
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5.4 That as recommended by the City Manager in the submitted report entitled
Project Contributions from LPP Trust Fund Common Council:
1. Authorize that a total of $32,500 from the Land for Public Purpose Trust Fund be
provided to assist with four separate community projects: $2,500 to be allocated for the
Jervis Bay Monumental 'Stairway to Service'; $5,000 be allocated to the Nature
Conservancy of Canada/Explore Lorneville's Musquash Head Project; $10,000 to be
allocated to the Crescent Valley Resource Centre for a Crescent Valley Bike Skills Park; and
$15,000 be allocated to Saint John Cycling for phases ii and iii of the Old Ski Hill Enduro
Trails proposal.
2. Approve $2,000 previously reserved for the Milford Park Committee in 2017 to no
longer be reserved in the LPP Trust Fund and to be made available for future applications.
5.5 That as recommended by the City Manager in the submitted report entitled 2020
Reserve Transfers Common Council approve the transfer of:
• $2,151,725 to the General Fund Operating Reserve for COVID-19 funding received
as part of the Federal Safe Restart program.
• $2,907,882.49 estimated amount to the General Fund Fleet Reserve for
contributions made in 2020.
• $621,373 estimated amount to the General Fund Computer Reserve for
contributions made in 2020.
• $1,225,000 to the Utility Fund Operating Reserve for COVID-19 funding received
as part of the Federal Safe Restart program.
• $781,000 to the Utility Fund Operating Reserve to fund various projects budgeted
in 2020.
• $405,000 to an Industrial Rate Stabilization reserve as part of the 2020 approved
operating budget.
• $561,026 estimated amount to the Utility Fund Fleet Reserve for contributions
made in 2020.
• $818,000 to an Industrial Capital Fund Reserve as part of the 2020 approved Utility
Fund Operating budget.
• $120,000 from the General Fund Operating Reserve for the City's new website
project.
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• $104,407.56 from the Growth Reserve for Council approved transfers for Succeed
and Stay, Economic and Community Recovery and other approved growth
initiatives. 219 - 2
• $1,100,000 from the General Fund Capital Reserve as part of the 2019 Approved
Capital Project —City Hall Relocation.
• $2,428,730.74 estimated amount from the General Fund Fleet Reserve for various
Fleet purchases made in 2020.
• $356,353.36 estimated amount from the General Fund Computer Reserve for
various information technology purchases made in 2020.
• $212,374.12 estimated amount from the Utility Fund Fleet Reserve for various
Fleet purchases made in 2020.
5.6 That the submitted report entitled Grant and Incentives Status Report be received
for information.
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out in each consent agenda item respectively,
except for item 5.2 which has been referred to item 14.1 for discussion, be adopted.
MOTION CARRIED UNANIMOUSLY.
6. Members Comments
7. Proclamations
8. Delegations/Presentations
9. Public Hearings 6:30 PM
10. Consideration of Bylaws
10.1 Building By -Law Amendment (3,d Readin
Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary:
RESOLVED that the by-law entitled, "By -Law Number C.P. 103 A By -Law respecting the
Construction, Repair and Demolition of Buildings and Structures in The City of Saint John"
repealing and replacing "By -Law Number C.P. 102 A By -Law respecting the Construction,
Repair and Demolition of Buildings in The City of Saint John" and amendments thereto,
be read.
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MOTION CARRIED.
In accordance with the Local Governance Act sub -section 15(3) the by-law entitled, "A By -
Law respecting the Construction, Repair and Demolition of Buildings and Structures in The
City of Saint John" instead of being read in its entirety was read in summary as follows:
"The Building By-law is being repealed and replaced as a result of changes required to be
in line with the updated Community Planning Act. The two main proposed changes in
the Building By-law are permit fee increases and a new fee for electrical waivers."
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that the by-law entitled, "By -Law Number C.P. 103 A By -Law respecting the
Construction, Repair and Demolition of Buildings and Structures in The City of Saint John"
repealing and replacing "By -Law Number C.P. 102 A By -Law respecting the Construction,
Repair and Demolition of Buildings in The City of Saint John" and amendments thereto,
be read a third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 103 A By -Law
respecting the Construction, Repair and Demolition of Buildings and Structures in The City
of Saint John."
10.2 Plumbing By -Law Amendment (3rd Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Casey:
RESOLVED that the by-law entitled, "By -Law Number PI-1 A By -Law respecting Plumbing
in The City of Saint John", repealing and replacing paragraph 5(2)(e) with "Subject to
section 5.1, a permit fee of seventy ($70) dollars plus a plumbing fixture fee of twenty-
two ($22) dollars for each plumbing fixture to be installed", be read.
MOTION CARRIED.
The by-law entitled "By -Law Number PI-1 A By -Law respecting Plumbing in The City of
Saint John," was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that the by-law entitled, "By -Law Number PI-1 A By -Law respecting Plumbing
in The City of Saint John", repealing and replacing paragraph 5(2)(e) with "Subject to
section 5.1, a permit fee of seventy ($70) dollars plus a plumbing fixture fee of twenty-
two ($22) dollars for each plumbing fixture to be installed", be read a third time, enacted,
and the Corporate Common Seal affixed thereto.
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10n5e el10t_C
Read a third time by title, the by-law entitled "By -Law Number PI-1 A By -Law respecting
Plumbing in The City of Saint John."
10.3 Water and Sewerage By -Law Amendment re: Permit Fees (3rd Reading)
Moved by Councillor Hickey, seconded by Councillor Merrithew:
RESOLVED that the by-law entitled, "By -Law Number M-16 A By -Law to Amend a By -Law
respecting Water and Sewerage", repealing and replacing Subsection 2(3) with "No
permit shall be issued under this section until a fee of $150.00 is paid for the inspection
of the installation of services or laterals, which must be carried out to the satisfaction of
the Commissioner. It shall be necessary for a permit to be issued and the corresponding
fee paid on a per property basis", be read.
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The by-law entitled, "By -Law Number M-16 A By -Law to Amend a By -Law respecting
Water and Sewerage," was read in its entirety.
Moved by Councillor Sullivan, seconded by Councillor Casey:
RESOLVED that the by-law entitled, "By -Law Number M-16 A By -Law to Amend a By -Law
respecting Water and Sewerage", repealing and replacing Subsection 2(3) with "No
permit shall be issued under this section until a fee of $150.00 is paid for the inspection
of the installation of services or laterals, which must be carried out to the satisfaction of
the Commissioner. It shall be necessary for a permit to be issued and the corresponding
fee paid on a per property basis", be read a third time, enacted, and the Corporate
Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number M-16 A By -Law to Amend
a By -Law respecting Water and Sewerage."
10.4 Subdivision By -Law Amendment (3rd Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that the by-law entitled, "By -Law Number C.P. 122 A By -Law to Amend the
Subdivision By -Law of The City of Saint John", be amended by repealing Schedule A: Fees
and substituting the submitted Schedule A: Fees, be read.
MOTION CARRIED.
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The by-law entitled, "By -Law Number C.P. 122 A By -Law to Amend the Subdivision By -Law
of The City of Saint John," was read in its entirety.
Moved by Councillor Hickey, seconded by Deputy Mayor McAlary:
RESOLVED that the by-law entitled, "By -Law Number C.P. 122 A By -Law to Amend the
Subdivision By -Law of The City of Saint John", be amended by repealing Schedule A: Fees
and substituting the submitted Schedule A: Fees, be read a third time, enacted, and the
Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 122 A By -Law to
Amend the Subdivision By -Law of The City of Saint John."
10.5 Street Excavation By -Law Amendment (311 Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Casey:
RESOLVED that the by-law entitled, "By -Law Number L.G.-11 A By -Law respecting
Excavation of Streets in The City of Saint John" repealing and replacing the by-law entitled,
"By -Law Number M-18 A By -Law respecting Excavation of Streets in The City of Saint
John", be read.
MOTION CARRIED.
The by-law entitled, "By -Law Number L.G.-11 A By -Law respecting Excavation of Streets
in The City of Saint John," was read in summary as follows:
"The Excavation of Streets By-law amendment is being modernized to reflect the enabling
legislation, the Local Governance Act instead of referencing the previous Municipalities
Act. There are also housekeeping items to reflect updated position titles as a result of the
recent organizational structure. Updating the fees for inflation is the main driver for this
set of fees. "
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled, "By -Law Number L.G.-11 A By -Law respecting
Excavation of Streets in The City of Saint John" repealing and replacing the by-law entitled,
"By -Law Number M-18 A By -Law respecting Excavation of Streets in The City of Saint
John", be read a third time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number L.G.-11 A By -Law
respecting Excavation of Streets in The City of Saint John."
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10.6 Water and Sewerage By -Law Amendment — Schedules "A", "B" and "C' (3rd
Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the by-law entitled "By -Law No. M-16 A Law to Amend a By -Law
respecting Water and Sewerage" repealing and replacing Schedules "A" and "B" and
substituting 2021 rates and amending Schedule "C" Sanitary Sewer surcharge, be read.
MOTION CARRIED.
The by-law entitled, "By -Law No. M-16 A Law to Amend a By -Law respecting Water and
Sewerage," was read in its entirety.
Moved by Councillor Casey, seconded by Councillor Sullivan:
RESOLVED that the by-law entitled "By -Law No. M-16 A Law to Amend a By -Law
respecting Water and Sewerage" repealing and replacing Schedules "A" and "B" and
substituting 2021 rates and amending Schedule "C" Sanitary Sewer surcharge, be read a
third time, enacted and the Corporate Common Seal affixed thereto.
IL [0000Ki1e1ilk] ilk] 1119a
Read a third time by title, the by-law entitled, "By -Law No. M-16 A Law to Amend a By -
Law respecting Water and Sewerage."
10.7 Water and Sewerage By -Law Amendment — Schedule "E" (3rd Reading)
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that the by-law entitled "By -Law No. M-16 A Law to Amend a By -Law
respecting Water and Sewerage" repealing and replacing Schedule "E" as mentioned in
Sections 43 and 44 and substitute with the hereto annexed Schedule "E", be read.
MOTION CARRIED.
The by-law entitled, "By -Law No. M-16 A Law to Amend a By -Law respecting Water and
Sewerage," was read in its entirety.
Moved by Councillor Sullivan, seconded by Councillor Reardon:
RESOLVED that the by-law entitled "By -Law No. M-16 A Law to Amend a By -Law
respecting Water and Sewerage" repealing and replacing Schedule "E" as mentioned in
Sections 43 and 44 and substitute with the hereto annexed Schedule "E", be read a third
time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
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Read a third time by title, the by-law entitled, "By -Law No. M-16 A Law to Amend a By -
Law respecting Water and Sewerage."
10.8 Proposed Municipal Plan Amendment, Zoning By -Law Amendment and Section 59
Conditions — 2304-2310 Ocean Westway (3,d Reading)
Moved by Councillor Merrithew, seconded by Councillor Hickey:
RESOLVED that the by-law entitled, "By -Law Number C.P. 106-24 A Law to Amend the
Municipal Plan By -Law of The City of Saint John" amending Schedule A — City Structure,
by redesignating a parcel of land with an area of approximately 1.61 hectares, located at
2304-2310 Ocean Westway, also identified as PID No. 55007074 and a portion of PID No.
00465856, from Stable Area to Employment Area classification; amending Schedule B —
Future Land Use, by redesignating a parcel of land with an area of approximately 6258
square metres located at 2304-2310 Ocean Westway, also identified as PID 55007074 and
a portion of PID No. 00465856 from Stable Residential to Stable Commercial classification;
and amending Schedule B — Future Land Use, by redesignating a parcel of land with an
area of approximately 9879 square metres located at 2310 Ocean Westway, also
identified as a portion of PID 00465856, from Rural Resource to Stable Commercial
classification, be read.
MOTION CARRIED.
The by-law entitled, "By -Law Number C.P. 106-24 A Law to Amend the Municipal Plan By -
Law of The City of Saint John," was read in its entirety.
Moved by Councillor Casey, seconded by Councillor Reardon:
RESOLVED that the by-law entitled, "By -Law Number C.P. 106-24 A Law to Amend the
Municipal Plan By -Law of The City of Saint John" amending Schedule A — City Structure,
by redesignating a parcel of land with an area of approximately 1.61 hectares, located at
2304-2310 Ocean Westway, also identified as PID No. 55007074 and a portion of PID No.
00465856, from Stable Area to Employment Area classification; amending Schedule B —
Future Land Use, by redesignating a parcel of land with an area of approximately 6258
square metres located at 2304-2310 Ocean Westway, also identified as PID 55007074 and
a portion of PID No. 00465856 from Stable Residential to Stable Commercial classification;
and amending Schedule B — Future Land Use, by redesignating a parcel of land with an
area of approximately 9879 square metres located at 2310 Ocean Westway, also
identified as a portion of PID 00465856, from Rural Resource to Stable Commercial
classification, be read a third time, enacted, and the Corporate Common Seal affixed
thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 106-24 A Law to
Amend the Municipal Plan By -Law of The City of Saint John."
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Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-102 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 1.08
hectares, located at 2310 Ocean Westway, also identified as a portion of PID No.
00465856, from Two -Unit Residential (R2) to General Commercial (CG), be read.
MOTION CARRIED.
The by-law entitled, "By -Law Number C.P. 111-102 A Law to Amend the Zoning By -Law of
The City of Saint John," was read in its entirety.
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that Common Council rescind the Section 39 conditions imposed on the
October 22, 1979 rezoning of the property located at 2304 Ocean Westway also identified
as PID 55007074 and amended December 8th, 1997;
That Common Council rescind the Section 39 conditions imposed on the July 25, 1988
rezoning of the property located at 2310 Ocean Westway, also identified as a portion of
PID Number 00465856;
That Common Council, pursuant to the provisions of Section 59 of the Community
Planning Act, impose the following conditions on the parcel of land having an area of
approximately 16 136 square metres, located at 2304 - 2310 Ocean Westway, also
identified as PID Number 55007074 and a portion of PID Number 00465856:
(a) The use of the property shall be restricted to the storage, processing and retail /
wholesale sale and of seafood products.
(b) All processing activities are limited to the interior of the building.
(c) The floor area of the building shall be limited to 1320 square metres.
(d) That outdoor storage be permitted at the rear of the building and screened as follows:
(i) The storage area shall be completely enclosed by a wooden 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, which may also include a gate;
(ii) The enclosure required by paragraph (i), including any gate, shall have a height
of two metres when located in a Residential zone and 2.5 metres when located in
any other zone, but in no case shall storage be higher than the enclosure;
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(iii) The enclosure shall not occupy any required yard or any area required for
amenity or parking; and
(iv) Notwithstanding the above, an outdoor storage area may instead be enclosed
with landscaping in accordance with paragraph 6.1(k) of the Zoning By-law or by
any combination of permitted structures, berms, and landscaping.
(e) That landscaping for the proposed development incorporate enhanced landscaping
along the boundary of the site and the adjacent residential property to the southwest
(PID 55172621) to mitigate the proximity of the parking area and site driveway. This
enhanced landscaping is to be shown on a detailed plan showing the type, size (caliper)
and location of proposed landscaping and submitted at the time of building permit for
approval by the Development Officer;
(f) The development and use of the parcel of land be in accordance with detailed building
elevation and site plans, prepared by the proponent and subject to the approval of the
Development Officer, illustrating the design and location of buildings and structures,
garbage enclosures, outdoor storage, driveway accesses, vehicle parking, loading areas,
landscaping, amenity spaces, signs, exterior lighting, and other such site features.
(g) The above elevation, landscaping and site plans be attached to the permit application
for the development of the parcel of land.
(h) That the existing building on PID 50007074 be demolished within one year of
completion of the new building.
(j) That no process water from the facility be discharged into the municipal sewer system.
MOTION CARRIED.
Moved by Councillor Reardon, seconded by Councillor Casey:
RESOLVED that the by-law entitled, "By -Law Number C.P. 111-102 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 1.08
hectares, located at 2310 Ocean Westway, also identified as a portion of PID No.
00465856, from Two -Unit Residential (R2) to General Commercial (CG), be read a third
time, enacted, and the Corporate Common Seal affixed thereto.
MOTION CARRIED.
Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-102 A Law to
Amend the Zoning By -Law of The City of Saint John."
11. Submissions by Council Members
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12. Business Matters - Municipal Officers
12.1 City Manager Update (Verbal)
The City Manager delivered the recurrent update on the City's status.
• The staff priority action workplan to recover from the Cyberattack and restore the
City's computer system is on track
• Customers cannot pay bills online to the City however, customers are encouraged
to contact the customer service centre for assistance with other payment options
• COVID Alert Level has transitioned back to Yellow from Orange - services including
parks and recreation are adjusted to a less restrictive level
• In addition to working on Cyber Security issues and COVID-19 matters staff are
following the 2020 workplan
• A report will be presented on the 2020 workplan results and the aggressive 2021
workplan.
Moved by Councillor Casey, seconded by Councillor MacKenzie:
RESOLVED that the City Manager verbal update be received for information.
MOTION CARRIED.
Councillor Sullivan withdrew from the meeting.
12.2 Winter Management Plan Overview
Referring to the submitted report entitled Winter Management Plan Overview
Commissioner Hugenholtz provided an update on the 2020-2021 season.
• Street Plowing - Despite adjustments to resource levels the existing service level
standards are being maintained.
• Sidewalk Plowing - A limited number of sidewalks will not see winter service. Staff
met with representatives from the School District and Saint John Transit for
discussion. As a result changes were made to the proposed plan including the
addition of Tim Street (adjacent to Glen Falls School) to accommodate child drop-
off.
• Asphalt Maintenance — An asphalt recycler will be used when crews are not
actively plowing.
• Snow Removal — Enhanced night service should increase capacity to remove snow.
• Parking Bans — Enforced during the winter
• New Department led initiatives:
o Brine usage
o Sidewalk Ice removal plows
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December 14, 2020 / le 14 decembre 2020
o Live Edge Technology
The Winter Management Plan is a shared responsibility with City and residents, each
having a role. Citizens may direct their questions 24/7 to the new Customer Service Centre
658-4455.
Responding to question on whether there is flexibility on rotating day and night shifts, the
Commissioner responded there is an equipment limitation.
Responding to question re pedestrian overpasses maintained by the province — The
Commissioner stated they are not plowed because there is no place to move the snow; it
cannot be pushed onto cars below the overpass.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that the submitted report entitled Winter Management Plan Overview be
received for information.
MOTION CARRIED.
Councillor Sullivan re-entered the meeting.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
Councillor Hickey withdrew from the meeting.
14.1 St. Vincent School Affordable Housing
The City Manager commented on access to the Federal government Rapid Housing
Intiative (RHI) funding to create affordable housing for vulnerable individuals and families.
Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie:
RESOLVED that as recommended by the City Manager in the submitted report entitled St.
Vincent School Affordable Housing, Common Council authorize the Mayor to provide a
letter of support on behalf of the City of Saint John for Housing Alternatives Inc. in their
application for funding under the Canada Mortgage and Housing Corporation's Rapid
Housing Initiative.
MOTION CARRIED.
Councillor Hickey re-entered the meeting.
15. General Correspondence
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December 14, 2020 / le 14 decembre 2020
Councillor Sullivan withdrew from the meeting.
15.1 Glen Falls School — Snow Removal on Tim Street
The City Manager commented that Tim Street snow removal is on the City's Winter
Management Plan.
Moved by Councillor MacKenzie, seconded by Deputy Mayor McAlary:
RESOLVED that the submitted report entitled Glen Falls School — Snow Removal on Tim
Street be received for information.
MOTION CARRIED.
Councillor Sullivan re-entered the meeting.
Councillor Hickey withdrew from the meeting.
15.2 C. Hickey — Closure of Millidgeville Fire Station
Moved by Councillor Merrithew, seconded by Councillor MacKenzie:
RESOLVED that the letter from Chuck Hickey — Closure of Mlllidgeville Fire Station be
received for information.
MOTION CARRIED.
Councillor Hickey re-entered the meeting.
15.3 Resignation — Saint John Police Commission (Mayor Darling)
Moved by Councillor Reardon, seconded by Councillor Casey:
RESOLVED that the letter from Mayor Darling — Resignation from the Saint John Police
Commission be received for information.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Secondment of S. Carson to the New Regional Economic Development Agency
Moved by Deputy Mayor McAlary, seconded by Councillor Casey:
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December 14, 2020 / le 14 d6cembre 2020
RESOLVED that as recommended by the Committee of the Whole, having met on
December 7, 2020, Common Council approve the submitted Secondment Agreement as
between the City, the New Regional Economic Development Agency for Greater Saint
John and Stephen D. Carson; and that the Mayor and City Clerk be authorized to execute
same;
AND FURTHER BE IT RESOLVED that Common Council approve the submitted letter ending
the Secondment Extension Agreement between the City, Develop Saint John and Stephen
D. Carson, effective December 31, 2020; and that the Mayor and Common Clerk be
authorized to execute same.
MOTION CARRIED.
17.2 Fundy Quay Option Agreement
Moved by Councillor Strowbridge, seconded by Councillor Casey:
RESOLVED that as recommended by the Committee of the Whole having met on
December 14th, 2020 Common Council approve the Amendment #3 to the Option
Agreement entered on December 19th, 2019 between the City and Fundy Quay
Developments Inc. in the submitted form; and further that the Mayor and City Clerk be
authorized to execute the said Amendment #3.
MOTION CARRIED.
17.3 2021 Mayor's New Year's Day Levee
Moved by Councillor MacKenzie, seconded by Councillor Casey:
RESOLVED that due to current COVID-19 safety protocols the 2021 Mayor's New Year's
Day Levee be cancelled.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Sullivan, seconded by Councillor Casey:
RESOLVED that the meeting of Common Council held on December 14th, 2020 be
adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 7:48 p.m.
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January 11, 2021 / le 11 janvier 2021
MINUTES — REGULAR MEETING
COMMON COUNCIL OF THE CITY OF SAINT JOHN
JANUARY 11, 2021 AT 6:00 PM
MEETING CONDUCTED BY ELECTRONIC PARTICIPATION
Present: Mayor Don Darling
Deputy Mayor Shirley McAlary
Councillor -at -Large Gary Sullivan
Councillor Ward 1 Blake Armstrong
Councillor Ward 1 Greg Norton
Councillor Ward 2 Sean Casey
Councillor Ward 2 John MacKenzie
Councillor Ward 3 Donna Reardon
Councillor Ward 3 David Hickey
Councillor Ward 4 David Merrithew
Councillor Ward 4 Ray Strowbridge
Absent: Councillor S. Casey, Councillor R. Strowbridge
Also Present: City Manager J. Collin
General Counsel M. Tompkins
Fire Chief & Chief Emergency Management Services K. Clifford
Chief of Staff & Chief Financial Officer K. Fudge
Commissioner, Human Resources S. Hossack
Commissioner, Public Works and Transportation Services M. Hugenholtz
Commissioner, Utilities & Infrastructure Services B. McGovern
Commissioner, Growth & Community Services J. Hamilton
Director Legislative Services / City Clerk J. Taylor
Deputy City Clerk P. Anglin
Administrative Officer R. Evans
COMMON COUNCIL / CONSEIL COMMUNAL
January 11, 2021 / le 11 janvier 2021
1. Call to Order
To conform to the Government COVID-19 State of Emergency and Mandatory Order
isolation requirements during Code Level Orange, Council Members and staff participated
by video conference. Arrangements are in place for remote participation by the public
during tonight's public hearings. The City Clerk conducted roll call, noting Councillors S.
Casey and R. Strowbridge are absent.
To ensure public access and transparency the meeting is being video recorded and posted
to the City's website after the meeting has concluded.
2. Approval of Minutes
2.1 Minutes of December 21. 2020
Moved by Councillor Sullivan, seconded by Councillor MacKenzie:
RESOLVED that the minutes of December 21, 2020 be approved.
IL IQ11597►11 WWIilk] ilk] II10a
3. Approval of Agenda
Moved by Deputy Mayor McAlary, seconded by Councillor Norton:
RESOLVED that the agenda be approved with the addition of item 17.1 Appointments to
Committees.
MOTION CARRIED.
4. Disclosures of Conflict of Interest
Councillor Merrithew declared a conflict with item 5.2 Borrowing Resolutions. Council
approved the Consent Agenda withdrawing item 5.2. Recognizing his error, Councillor
Merrithew informed Council his conflict was with item 5.1 Banking Resolutions. Council
made a motion to reconsider the Consent Agenda vote; the Consent Agenda was then
adopted unanimously with item 5.1 withdrawn.
5. Consent Agenda
5.1 Referred for discussion to item 14.1.
5.2 That as recommended by the City Manager in the submitted report M&C 2021-
004: Borrowing Resolutions, Common Council adopt the following resolutions:
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1. RESOLVED that the Chief Financial Officer is hereby authorized to borrow, on behalf
of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank)
from time to time by way of direct advances by Promissory Notes, Overdraft, or
Standby Letters of Credit/Letters of Guarantee, a sum or sums not exceeding at any
one time six million dollars ($6,000,000) to meet current expenditures for the year
2021; and
2. RESOLVED that the Chief Financial Officer is hereby authorized to borrow, on behalf
of the City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank)
from time to time by way of direct advances by Promissory Notes, a sum or sums not
exceeding at any one time twenty-five million dollars ($25,000,000) to meet capital
expenditures for the year 2021.
5.3 That as recommended by the City Manager in the submitted report entitled
Proposed Public Hearing Date — 0 Eldersley Avenue, Common Council schedule the public
hearing for the rezoning application of the City of Saint John (Susan Michaud, 0 Eldersley
Avenue — PID 00471359) for the Common Council meeting of Monday February 8, 2021
at 6:30 p.m.
5.4 That as recommended by the City Manager in the submitted report M&C 2021-
001: Advance Meeting Infrastructure Upgrade, the City enter into a 5-year Software -As -
A -Service Agreement with Sensus USA Inc. for the purpose of accessing and using its
software in the form attached to M&C 2021-001 and that the Mayor and City Clerk
be authorized to execute the necessary contract documents.
5.5 That as recommended by the City Manager in the submitted report M&C 2021-
003: 2021 Insurance Renewal, Council accept the insurance package presented by BFL
Canada, through our Agent of Record, JM & CW Hoper Grant Ltd. and approves maximum
payments as follow:
Insurance Premiums of
$1,352,443
Agreed Agency Fee of
$29,650
Payable to JM & CW Hope Grant Ltd.
$1,382,093
5.6 That the submitted report M&C 2021-005: Terms of the Fall 2020 Debenture
Issue, be received for information.
5.7 That as recommended by the Planning Advisory Committee in the submitted
report entitled Land for Public Purpose Release 1250 Latimore Lake Road, Common
Council approve to the divesting of Land for Public Purposes involving the property at
1250 Latimore Lake Rd, also identified as PID # 55125496.
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5.8 That as recommended by the City Manager in the submitted report entitled M&C
2021-007: Tender 2020-085103T — Building Renovations - Fire Station #1 "Emergency
Planning, Preparation, Response and Testing Simulation Theatre", Common Council
approve the bid submitted by Bower Construction Surveying Inc. for Tender 2020-
085103T— Building Renovations — Fire Station #1, in the amount of $218,500.00 plus HST
be accepted; and the Mayor and City Clerk be authorized to execute the contract
documents; and further
RESOLVED that Common Council endorse that the Emergency Planning, Preparation,
Response and Testing Simulation Theatre project funding be amended to $692,032, being
an increase of $60,733 above the original 2019 project estimate; and that the requested
additional funding be covered by any surplus that is attained in completing two other
previously approved Fire Department Capital Projects (training health and safety; and fire
prevention relocation) or failing that, from the Fire Services 2021 Operating Budget.
5.9 That as recommended by the City Manager in the submitted report entitled M&C
2021-006: Security Awareness Training Solution Common Council approve that the City of
Saint John purchase a Cyber Security Awareness and Training Solution from Beauceron
Security Inc., for a one-year period pursuant to section 6 of Schedule B to the
Procurement of Services Agreement between Service New Brunswick and Beauceron
Security Inc. dated September 30, 2019, which enables other public sector entities to
leverage the volume pricing contained in the said agreement.
5.10. That as recommended in the submitted report entitled Appointment of Justin
Spieght, Badge No. 9978 Canadian Corps of Commissionaires as By -Law Enforcement
Officer under Saint John Parking By -Law, Common Council adopt the following:
WHEREAS the Common Council of The City of Saint John has enacted certain by-laws
pursuant to the authority of the Local Governance Act, S.N.B. 2017 C.18, and amendments
thereto, (the "Local Governance Act") including the Saint John Parking By -Law Number
LG-8 and amendments thereto;
AND WHEREAS Section 72 of the Local Governance Act provides that a council may
appoint by-law officers for the local government and may determine their terms of office:
NOW THEREFORE BE IT RESOLVED that Justin Speight, is hereby appointed as a by-law
enforcement officer for the administration and enforcement of the Saint John Parking By-
law, which was enacted January 27th, 2020 under the authority of the Local Governance
Act, effective immediately, and this authorization shall continue until he ceases to be an
employee of the Saint John Parking Commission or until rescinded by Common Council,
whichever comes first.
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Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the recommendation set out in each consent agenda item respectively,
with the exclusion of item 5.1 which is withdrawn for discussion at item 14.1 be adopted.
MOTION CARRIED UNANIMOUSLY.
6. Members Comments
7. Proclamations
8. Delegations/Presentations
8.1 Saint John Cycling Club
Referring to the submitted report entitled Enduro Park at the Old Rockwood Ski Hill, Saint
John Cycling Trail Miners Spokesperson Dean Price provided the vision for the Enduro
Park as a visitor destination, 2020 fundraising accomplishments, funding applications for
2021, and development plans for 2021 and 2022.
Moved by Councillor Sullivan, seconded by Deputy Mayor McAlary:
RESOLVED that the presentation by the Saint John Cycle Club be received for information.
MOTION CARRIED.
9. Public Hearings 6:30 PM
9.1 Proposed Zoning By -Law Amendment with Planning Advisory Committee report
recommending Approval — 144 Lansdowne Avenue (1st and 2nd Reading)
Commissioner Hamilton advised that the necessary advertising was completed with
regard to rezoning a parcel of land having an area of approximately 583 square metres,
located at 144 Lansdowne Avenue, also identified as PID Number 55223416, from Low -
Rise Residential (RL) to Local Commercial (CL) to permit a medical clinic with no written
objections or letters of 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 January 5, 2021 meeting at
which the Committee recommended the rezoning of 144 Lansdowne Avenue as described
above with Section 59 Conditions.
The Mayor stated that no members of the public registered to speak against the proposed
amendment.
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The Mayor stated that the applicant registered to speak in favour of the proposed
amendment. The applicant Dr. Apantaku presented on his proposed development for a
regional pediatric clinic.
Moved by Councillor MacKenzie, seconded by Deputy Mayor McAlary:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" rezoning a parcel of land having an area of approximately 583 square metres,
located at 144 Lansdowne Avenue, also identified as PID Number 55223416, from Low -
Rise Residential (RL) to Local Commercial (CL), 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 Reardon:
RESOLVED that the by-law entitled, "A Law to Amend the Zoning By -Law of The City of
Saint John" rezoning a parcel of land having an area of approximately 583 square metres,
located at 144 Lansdowne Avenue, also identified as PID Number 55223416, from Low -
Rise Residential (RL) to Local Commercial (CL), 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".
9.2 Proposed Zoning By -Law Amendment with Planning Advisory Committee report
recommending Approval — 19 Paddock Street (1st and 2nd Reading)
Commissioner Hamilton 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 380 square metres,
located at 19 Paddock Street, also identified as PID Number 00015974, from Urban
Centre Residential (RC) to Mixed Commercial (CM); and to adopt a text
amendment to the Mixed Commercial (CM) zone to provide greater flexibility in
building design to permit a mixed use proposal consisting of a business office and
dwelling units.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning staff's report considered at its January 5, 2021
meeting at which the Committee recommended the rezoning at 19 Paddock Street
as described above with Section 59 Conditions.
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The Mayor stated that no members of the public registered to speak against the
proposed amendment.
The Mayor stated members of the public registered to speak in favour of the
proposed amendment. Alyson Townsend and Trisha Perry, the applicants
presented in favour of their proposal for their law business and dwelling unit
development.
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
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 380 square
metres, located at 19 Paddock Street, also identified as PID Number 00015974,
from Urban Centre Residential (RC) to Mixed Commercial (CM); and repealing
subparagraph 11.8(2)(b)(iii), 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 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 380 square
metres, located at 19 Paddock Street, also identified as PID Number 00015974,
from Urban Centre Residential (RC) to Mixed Commercial (CM); and repealing
subparagraph 11.8(2)(b)(iii), 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 Section 59 Amendment — 154 Waterloo Street
Commissioner Hamilton advised that the necessary advertising was completed with
regard to the proposed Section 59 Amendment at 1S4 Waterloo Street, also identified as
PID Number 00013631, to permit an emergency shelter for women.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning staff's report considered at its January 5, 2021 meeting at
which the Committee recommended the amendment.
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The Mayor stated no members of the public registered to speak against the proposed
amendment.
The Mayor stated the applicant, Executive Director of Coverdale Centre registered to
speak in favour of the proposed amendment. The Coverdale Centre Executive Director
Mary Saul nier-Taylor spoke in favour of the application for the women's homeless shelter.
Moved by Councillor Hickey, seconded by Councillor Reardon:
RESOLVED that Common Council pursuant to the provisions of Section 59 of the
Community Planning Act (SNB 2017, c.19), hereby discharges the resolution adopted on
June 19, 2000 imposed on the rezoning of a parcel of land located at 152-154 Waterloo
Street (NBGIC Number 13631) and which was made pursuant to the provisions of Section
39 of the Community Planning Act in effect at that time (RSNB 1973 as amended).
MOTION CARRIED.
10. Consideration of Bylaws
10.1 Public Presentation — Proposed Municipal Plan Amendment — 2100 Sandy Point
Road
Commission Hamilton read into the record a Public Notice for a proposed amendment to
the Municipal Development Plan which would re -designate on Schedule A of the
Municipal Development Plan, land having an area of 8.57 hectares, located at 2100 Sandy
Point Road, also identified as a portion of PID Number 55233233 and PID Number
55233977, from Rural Resource Area to Stable Area; and re -designate on Schedule B of
the Municipal Development Plan, land having an area of 8.57 hectares, located at 2100
Sandy Point Road, also identified as a portion of PID Number 55233233 and PID Number
55233977, from Rural Resource and Park and Natural Area to Major Community Facility
and extend the boundary of the Primary Development Area (PDA) to permit the
development of a retirement community.
Written objections to the proposed amendment may be filed with the City Clerk by
February 101", 2021. Inquiries may be made during normal working hours to the Office of
the City Clerk or Growth and Community Development.
10.2 Public Presentation — Proposed Municipal Plan Amendment — 2400 Ocean
Westway
Commissioner Hamilton read into the record a Public Notice for a proposed amendment
to the Municipal Development Plan which would re -designate on Schedule A of the
Municipal Development Plan, land having an approximate area of 0.4 hectares, located
adjacent to 2400 Ocean Westway, also identified as a portion of PID Number 55095855,
from Park and Natural Area to Rural Resource Area; and re -designate on Schedule B of
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the Municipal Development Plan, land having an approximate area of 0.4 hectares,
located adjacent to 2400 Ocean Westway, also identified as a portion of PID Number
55095855, from Park and Natural Area to Rural Resource Area to construct a new access
road for an existing quarry.
Written objections to the proposed amendment may be filed with the City Clerk by
February 10t", 2021. Inquiries may be made during normal working hours to the Office of
the City Clerk or Growth and Community Development.
11. Submissions by Council Members
12. Business Matters - Municipal Officers
12.1 City Manager Update (Verbal)
The City Manager updated Council on the following items:
• Cyberattack
A cyberattack was executed by ransomware November 13t", 2020. There was no spread
of the virus from the City's system to other systems. There is an active police investigation
underway. Indications are that no Personally Identifiable Information (PII), was
compromised; a forensic analysis is ongoing. The City has re-established an interim
system, with website, email, and other customer service functions. The degree of the
attack was extensive; therefore, attempts will not be made to recover the network. A new
network will be built. It is estimated 4-6 months are required to build the new network
system. The City's insurance policy will pay for the network to be restored to its former
state. The City will use reserve funds to improve the network. The City has not paid a
ransom. When finalized, the total cost of the cyberattack will be brought to Council.
• COVID-19 Financial impacts
The approved Operating Budget and associated expenses for 2021 remain valid. $3.3
million is provided by the province for COVID-19 impacts. Customer services are expected
to be delivered in accordance with the budget and in a degree of normalcy to pre-COVID
years. Reserves are in place if required.
• COVID-19 Orange Phase
Media release —The Orange Level Phase has shifted the Council and Committee meetings
from in -person to virtual meetings, recreational facilities and sporting activities are
restricted, transit buses are reduced to operate at a 50% seating capacity and masks are
mandatory. Provincial Enforcement Officers are monitoring adherence to COVID
protocols in Saint John. The City Customer Service Centre 658-4455 can respond to public
inquiries on municipal restrictions due to COVID-19 and provide information on City
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services including payment of metered water bills and parking ticket payment
opportunities.
• Transit Commission 3-year Collective Agreement with Union Local 1182 is ratified.
The parties ratified the following pay wage adjustments:
0 2020 — increase 1.036%
0 2021- 0% increase
0 2022 — City of Saint John Wage Escalation Policy will be applied.
Other clauses in the Agreement remain unchanged.
• Regional Economic Development Agency
The agency was successfully organized and opened January 1, 2021. The Board is
composed of volunteers. Key announcements are forthcoming.
Moved by Councillor Reardon, seconded by Deputy Mayor McAlary:
RESOLVED that the City Manager verbal update be received for information.
MOTION CARRIED.
12.2 Demolition of Vacant, Dilapidated and Dangerous Building at 82 Mecklenburg
Street (PID 00006379)
B. Purington illustrated the vacant, dilapidated, and dangerous condition at 82
Mecklenburg Street.
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 82 Mecklenburg Street (PID 00006379) 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 registered to present evidence that the building is structurally sound.
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the building located at 82 Mecklenburg Street, PID# 00006379, 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 one or more by-law enforcement officers appointed and
designated under the Saint John Unsightly Premises and Dangerous Buildings and
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Structures By-law are hereby authorized to arrange for the demolition, in accordance with
the applicable City purchasing policies.
MOTION CARRIED.
12.3 Demolition of Vacant, Dilapidated and Dangerous Building at 12-14 Cliff Street
(PID 00014324)
B. Purington illustrated the vacant, dilapidated, and dangerous state of the building at 12-
14 Cliff Street.
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 12-14 Cliff Street (PID 00014324) 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 registered to present evidence that the building is structurally sound.
Moved by Deputy Mayor McAlary, seconded by Councillor Hickey:
RESOLVED that the demolition of vacant, dilapidated, and dangerous building at 12-14
Cliff Street (PID 00014324) 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 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.
I AA relIr910EIGAINilk] 1I191
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
Having declared a conflict, Councillor Merrithew withdrew from the meeting for
discussion of item 14.1.
14.1 Banking Resolutions
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
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RESOLVED that as recommended by the City Manager in the submitted report M&C 2021-
002: Banking Resolutions Common Council adopt the following:
1. RESOLVED that the banking business of the City of Saint John, or any part thereof,
may be transacted with the Bank of Nova Scotia.
2. RESOLVED that any two of the following:
• Chief Financial Officer
• Senior Finance Manager
• Intermediate Accountant
be and are hereby authorized on behalf of the City:
(a) to borrow money from time to time by way of direct advances by Promissory
Notes, Overdraft, or Standby Letters of Credit/Letters of Guarantee; and
(b) To oversee banking business to include, without limitation, the operation of the
City's accounts; the making, signing, drawing, accepting, endorsing, negotiating,
lodging, depositing or transferring of any cheques, promissory notes, drafts,
acceptances, bills of exchange and orders for the payment of money; the approval
of any administrative arrangement relating to any such banking business and
defining the rights and power of the parties thereto; and the authorizing of any
officer of such institution to do any act or thing on the City's behalf to facilitate
such banking business; and
(c) To delegate certain transactions which fall under a dollar threshold designated in
internal policies, to specific employees of the City as laid out in said internal
policies.
3. RESOLVED that any one of the following:
• Chief Financial Officer
• Senior Finance Manager
• Intermediate Accountant
be and are hereby authorized on behalf of the City:
(a) To negotiate with or transfer to the Bank of Nova Scotia for deposit or discount
with or collection by the Bank (but for the credit of the City's accounts only)
cheques, promissory notes, bills of exchange, drafts, orders for the payment of
money and other instruments, whether negotiable or not, purporting to be signed
or endorsed on behalf of the City by any one of them or having the name of the
City impressed thereon by rubber stamp or other devise without any signature;
and
(b) To arrange, settle, balance, and certify all books and accounts between the City
of Saint John and the Bank and to receive all paid cheques and other vouchers,
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unpaid and unaccepted bills of exchange and other negotiable instruments and to
sign the Bank's form of settlement of balances and release; and
(c) To delegate any authority conferred on such person by sub -paragraphs (a) and (b)
of this paragraph by any other employee of the City, by notice in writing filed with
the Bank.
4. RESOLVED that all agreements, documents and instruments signed, drawn,
accepted, endorsed or executed as aforesaid shall be valid and binding on the City.
5. RESOLVED that this resolution shall, from the time Common Council approves,
supersede any previous resolutions and instructions respecting the transaction of
banking business between the City and Bank of Nova Scotia."
"BE IT FURTHER RESOLVED that:
1. The corporation will: open and operate the following accounts, which may be
margin accounts:
• CIBC Wood Gundy Investment Consulting Service ICS 531-08670
• CIBC Wood Gundy Investment Consulting Service ICS 531-27141
• CIBC Wood Gundy Investment Consulting Service ICS 533-40512
2. The signing authorities are authorized to open and operate the accounts on the
corporation's behalf, and to:
For all accounts:
• Buy, sell, trade-in or exercise any right with respect to securities (including
short sales and options), and carry out other transactions in the accounts,
• Request payments to be made or securities to be endorsed by the
corporation, or delivered or transferred to the corporation by another or
from the corporation to another,
• Borrow funds from or through CIBC Wood Gundy, and pledge collateral,
• Sign Binding agreements and obligate the corporation to carry out
arrangements with CIBC Wood Gundy, and sign all releases, powers of
attorney and other documents on the corporation's behalf,
• Pay sums and take any other action necessary in connection with the
accounts.
For managed accounts:
• Authorize CIBC Wood Gundy to manage the accounts on a fully discretional
basis".
nkA 011101,0WI1e :: Bill
Councillor Merrithew re-entered the meeting.
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15. General Correspondence
15.1 Fundy Regional Services Commission: Plastic Checkout Bag Bylaw
Recommendation: Refer to the City Manager)
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the submitted report entitled Plastic Checkout Bag Bylaw be referred to
the City Manager.
MOTION CARRIED.
15.2 Province of New Brunswick: AIM Facility (Recommendation: Receive for
Information)
Moved by Deputy Mayor McAlary, seconded by Councillor Reardon:
RESOLVED that the submitted report entitled Recent Explosions at the American Iron &
Metal (AIM) Facility be received for information.
IL [01111[0L[WAilk] ilk] 1:119a
15.3 Province of New Brunswick: Safe Restart Program (Recommendation: Receive for
Information)
Moved by Councillor Reardon, seconded by Deputy Mayor McAlary:
RESOLVED that the submitted report entitled Safe Restart Program be received for
information.
MOTION CARRIED.
15.4 A. Bezeau: Stu Hurley and Belyea Arenas (Recommendation: Refer to City
Manager)
Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan:
RESOLVED that the letter from Mr. A. Bezeau be referred to the City Manager.
MOTION CARRIED.
16. Supplemental Agenda
17. Committee of the Whole
17.1 Appointments to Committees
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Moved by Councillor Hickey, seconded by Councillor Norton:
RESOLVED that as recommended by the Committee of the Whole, having met on January
11th, 2021, Common Council make the following appointments:
Saint John Parking/Transit Commission: to reappoint Kay Gillis for a 3-year term from
February 26, 2021 to February 25, 2024; to appoint Tina Collins, Nick Cameron, and Kurt
Peacock each for 3-year terms from January 10, 2021 to January 10, 2024.
MOTION CARRIED.
18. Adjournment
Moved by Councillor Sullivan, seconded by Councillor Norton:
RESOLVED that the meeting of Common Council held on January 11, 2021 be adjourned.
MOTION CARRIED.
The Mayor declared the meeting adjourned at 8:30 p.m.
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42
COMMON COUNCIL REPORT
M&C No.
Click here to enter text.
Report Date
January 19, 2021
Meeting Date
January 25, 2021
Service Area
Growth and Community
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Proposed Public Hearing Date — 3396 Loch Lomond Road
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Barb Crawford
Jacqueline Hamilton
I John Collin
RECOMMENDATION
That Common Council schedule the public hearing for the rezoning application of
the Robert Landry (3396 Loch Lomond Road — PID 00330126) for the Common
Council meeting of Monday March 8, 2021 at 6:30 p.m.
EXECUTIVE SUMMARY
The purpose of this report is to advise Common Council of the rezoning application
received and to recommend an appropriate public hearing date. The next
available public hearing date is March 8, 2021.
PREVIOUS RESOLUTION
At its meeting of August 3, 2004, Common Council resolved that:
1. the Commissioner of Planning and Development receive all
applications for amendments to the Zoning By-law and Section 39
(now referred as section 591 resolutions/ agreements and proceed
to prepare the required advertisements; and
2. when applications are received a report will be prepared
recommending the appropriate resolution setting the time and
place for public hearings and be referred to the Planning Advisory
Committee as required by the Community Planning Act.
REPORT
In response to the motion above, this report indicates the applications received
and recommends an appropriate public hearing date. Details of the applications
are available in the Common Clerk's office and will form part of the
documentation at the public hearings. The following application has been
43
-2-
received:
Name of Location
Existing
Proposed Zone
Reason
Applicant
Zone
Robert Landry 3396 Loch
Rural
General
To use an existing
Lomond Road
Residential
Commercial
garage for a
(PID
(RR)
(CRG)
contracting
00330126)
business
STRATEGIC ALIGNMENT
While the holding of public hearings for proposed rezoning and Section 59
amendments is a legislative requirement of the Community Planning Act, it is
also a key component of a clear and consistent land development processes
envisioned in the One Stop Development Shop Program. These processes
provide transparency and predictability for the development community and
City residents.
On a broader note, the development approvals process works towards fulfilling
key Council priorities including:
• ensuring Saint John has a competitive business environment for
investment,
• supporting business retention and attraction; and
• driving development in accordance with PlanSJ which creates the density
required for efficient infrastructure, services and economic growth.
SERVICE AND FINANCIAL OUTCOMES
The scheduling of the public hearing and referral to the Planning Advisory
Committee satisfies the legislative and service requirements as mandated by the
Community Planning Service.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Not Applicable
ATTACHMENTS
None
COMMON COUNCIL REPORT
M&C No.
2021-015
Report Date
January 20, 2021
Meeting Date
January 25, 2021
Service Area
Finance and
Administrative Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: IBI Solution
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Sarah Ranson
Stephanie Rackley-Roach /
Kevin Fudge
John Collin
RECOMMENDATION
That the City enter into a Master Consulting Services Agreement with IBI Group
Professional Services (Canada) Inc. to create, update and maintain a high -quality
General Transit Feed Specification (GTFS) in the form attached to M&C 2021-015;
and that the Mayor and Common Clerk be authorized to execute the necessary
contract documents.
EXECUTIVE SUMMARY
To meet the customer service and growth goals for the redesigned website, a
GTFS file is required for the new site to function properly. The skills to create one
are not currently available in-house. The IBI Group Professional Services
(Canada) Inc consultants have been approached to build the file and train staff at
a cost of $10,500 plus HST. The cost is budgeted for in the website reserve fund.
PREVIOUS RESOLUTION
N/A
REPORT
On the former saintjohn.ca website, transit service information was the most
accessed section of the site. User statistics indicated that the rest of the City's
website was underutilized with high bounce rates. A bounce rate is the
percentage of visitors to the site who leave the site after viewing only one page.
The implication of this is that users could not easily find what they were looking
for.
Therefore, when designing the new saintjohn.ca website, the transit section was
enhanced to help users easily plan their routes, access payment information and
45
-2-
bus schedules. An impressive, user-friendly transit site also increases the
probability of users being willing to use more of the site to find information
about city services and submit customer service inquiries.
The route planner tool requires an accurate General Transit Feed Specification
(GTFS) file to work properly. A GTFS file defines a standard format for public
transportation schedules and associated topographical information. GTFS
"feeds" let public transit agencies publish their transit data and developers write
applications that consume that data in an interoperable way. IBI Group
Professional Services consulting group has experience creating GTFS files and
training users.
STRATEGIC ALIGNMENT
Valued service delivery is one of the four council priorities. The new website
design and enhanced transit section improve customer service and therefore
aligns with this priority.
SERVICE AND FINANCIAL OUTCOMES
The cost of building the GTFS file and training City staff to maintain the
information is $10,500.00 plus HST. The cost is budgeted for in the website
redesign reserve fund.
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General Counsel has reviewed the agreement and associated documents.
Supply Chain Management has reviewed and is supportive of the
recommendation made above.
ATTACHMENTS
Master Consulting Services Agreement
Scope of Work
Software Support Agreement
M
Transit Data Tools
NB: This Term Sheet is for convenience and does not fully explain the
Software Support Agreement
rights and responsibilities of the parties. For the full terms of the
Term Sheet
Agreement read the Transit Data Tools Software Support Agreement
attached.
Support Level
Platform Level
Client
City of Saint John
Client Address
�15 Market Square
Saint John, NB, E2L 4L13 OG7
End User
Saint John Transit/City of Saint John
The Commencement Date
January 1', 2021
Contract End Date
December 31 a`, 2021
Price
$0
BI Group Representative Initials
ity of Saint John Representative Initials
Date:
Date:
IBI Group Representative Initials
Date:
1004415051.,.City of Saint John Software Support
Agreement (Tan 1, 2021-Dec 31, 2021Suppert Agreement
(Pee 18, 2020 Pee 31 202)
Page 1 of 4
Commented [CC11: IBI Group to initial/date once City
reviews
Commented [CC2]: Note for Saint John: City
representative to initial
Transit Data Tools — Platform Software Support Agreement
This Software Support Agreement (the "Agreement") is
entered into between the Client, whose name is given in
the Term Sheet ("Client") and having an address as given
in the Term Sheet, and IBI Group Professional Services
(Canada) Inc. ("IBI Group") having an address at 7th Floor
- 55 St. Clair Avenue West, Toronto ON M4V 2Y7
Canada. This Agreement details the support that IBI Group
will provide to the Client for the Transit Data Tools
software ("Support").
A.1. Open Source Best Practice Advice.
IBI Group will provide unlimited advice on engagement
with open source communities. This includes submission
of patches and improvements to the code base, donation of
code to relevant open source projects, and strategy for
starting new open source projects. IBI Group will suggest
a best course of action for Client depending on their
priorities and resources, if open source engagement is
desired. Client is also always free to not attempt any
community engagement; however this shall in no way limit
IBI Group's right to engage with open source
communities.
B. Technology
The Support will be provided using the Open Source
Transit Data Tools software. All use of such open source
software shall be implemented in accordance with all
applicable laws.
H. Term, Termination, and Assignment
A. Term and Termination
This Agreement shall commence on the Commencement
Date as given in the Term Sheet and shall continue until
the Contract End Date as given on the Term Sheet (the
"Initial Term").At the end of the Initial Term this
Agreement may be renewed for an additional term of
twelve (12) months (the "Renewal Term") by mutual
agreement of the parties and for such valuable
consideration as agreed to and executed by both parties in
a writing called the Renewal Term Agreement, not less
than fourteen (14) days prior to the expiration of the Initial
Term or subsequent Renewal Terms]. During each
Renewal Term, all terms and conditions as set forth herein,
except as otherwise provided in the Renewal Agreement,
shall remain in full force and effect.
If the parties do not agree to a Renewal Agreement, then
parties' obligations to each other as set forth herein cease
in their entirety at the end of the Initial Term, or at the end
of any Renewal Term. Sections IV, V, VI, and VII survive
the end of the Initial Term and any Renewal Term and
M. Fees
A. Amount
To begin the Initial Term, Client will pay IBI Group the
Price as given in the Term Sheet for the Support described
herein.
B. Expenses
Client shall not reimburse IBI Group for any expenses or
costs not otherwise outlined above that may be incurred by
IBI Group unless prior approval is obtained by IBI Group
from Client.
C. Relationship of Parties
The parties acknowledge that IBI Group is an independent
contractor of the Client. Nothing in this Agreement or any
exhibit will be construed as creating a partnership, joint
venture, agency or fiduciary relationship between the
parties, or as authorizing either party to act as agent for the
other or to enter into contracts on behalf of the other.
Nothing in this Agreement is intended to confer any rights
or remedies on any person or entity that is not a party to this
Agreement.
IV. Confidentiality
All the Client materials and information learned or
gathered by IBI Group in connection with the Support are
confidential. Such confidential materials and information
may not be used by IBI Group in any way or divulged to
any third party without the written permission of Client,
except in the course of fulfilling this Agreement. All
employees, subcontractors, consultants, or agents of IBI
Group are also bound to these confidentiality terms. The
parties agree that they each may disclose the terms,
conditions, and existence of this Agreement to whomever it
determines in good faith has a legitimate need to know this
information.
V. LIABILITY
A. NO LIABLITY FOR HARDWARE OR
SOFTWARE PROBLEMS.
Unless included in this Agreement or otherwise agreed
between the parties IBI Group is NOT liable for problems
with the performance of server hardware or software not
provided by IBI Group and necessary for the hosting of the
Supported Software.
remain permanently in effect.
1004415051.,.City of Saint John Software Support Agreement (Tan 1, 2021-Dec 31, 2021)
(Pec 182020 Pee 31 202) Page 2 of 4
M.
B. NO LIABILITY FOR WEBSERVER
HOSTING.
In the case where hosting is not managed by IBI Group
IBI Group is also NOT liable for the general maintenance
or performance of the hosting Web Server and any of its
related software or network connections outside the
requirements of this Agreement. All costs and
responsibilities of hosting IBI Group products remain with
and will be borne by Client.
C. DISCLAIMER OF WARRANTIES and
LIMITATION OF LIABILITY.
EXCEPT AS PROVIDED IN THIS PARAGRAPH
THERE ARE NO WARRANTIES THAT EXTEND
BEYOND THE DESCRIPTION ON THE FACE
HEREOF.
ALL MERCHANDISE SOLD IS WARRANTED ONLY
TO DEFECTS IN WORKMANSHIP UNLESS
OTHERWISE STATED. NO WARRANTY OR
AFFIRMATION OF FACT, EXPRESS OR IMPLIED,
OTHER THAN AS SET FORTH IN THE LIMITED
WARRANTY STATEMENT IS MADE OR
AUTHORIZED HEREIN. IBI GROUP DISCLAIMS ANY
LIABILITY FOR PRODUCT DEFECT CLAIMS DUE
TO PRODUCT MISUSE, IMPROPER PRODUCT
SELECTION OR MISAPPLICATION, AND ANY
DESCRIPTION DOES NOT EXPRESS OR IMPLY A
WARRANTY THAT THE PRODUCTS ARE
MERCHANTABLE OR FIT FOR A PARTICULAR
PURPOSE.
ANY LIABILITY FOR CONSEQUENTIAL AND
INCIDENTAL DAMAGES IS EXPRESSLY
DISCLAIMED BY BOTH PARTIES.
PARTY'S LIABILITY IN ALL EVENTS IS LIMITED
TO, AND SHALL NOT EXCEED, THE AMOUNT OF
THE FEE CONTAINED IN SECTION III A.
VI. Ownership and copyright
IBI Group is responsible for ensuring that the use of
unmodified Supported Software by the Client does not lead
to the terms of any open source license being applied to
Client's existing software or code.
IBI Group will inform and assist the Client upon request
concerning the terms of the user rights and of any other
terms and conditions and restrictions with which the
customer must comply in using open source code.
IBI Group and/or its agents shall be deemed the author
and/or owner of all other designs, concepts, graphics,
logos, processes, features, ideas, and other creative work,
developed by IBI Group in the process of fulfilling this
Agreement that do not infringe on Client's trademarked
designs, logos, and look and feel.
This Agreement shall have no effect on any intellectual
property rights, equipment, software, documents,
materials, or other items owned by the Client before
entering this Agreement.
Any intellectual property rights, equipment, software,
documents, materials or other items supplied by the Client
to IBI Group for performance of its duties under this
Agreement shall remain the property of the Client and shall
not in any case be transferred to IBI Group or any third
party, and IBI Group, promptly at its own expense and
upon request by the Client or upon the expiration or
termination of this Agreement, shall return the same to the
Client.
VIL Miscellaneous
A. Waiver, choice of law, and venue
The failure of either party to assert a right hereunder or to
insist upon compliance with any term or condition will not
constitute a waiver of that right or excuse any subsequent
nonperformance of any such term or condition by the other
party. All transactions shall be governed by the laws of
Ontario, Canada, excluding conflict of law rules. Venue of
any dispute shall be vested solely in Ontario, Canada.
No third -party benefit
The provisions stated above are for the sole benefit of the
parties hereto, and confer no rights, benefits or claims upon
any person or entity not a party here to.
C. Severability
If any provision or provisions of this Agreement shall be
held to be invalid, illegal, unenforceable or in conflict with
the law of any jurisdiction, the validity, legality and
enforceability of the remaining provisions shall not in any
way be affected or impaired thereby.
D. Force majeure
Either party shall be excused from delays in performing or
from failing to perform its obligations under this
Agreement to the extent the delays or failures result from
causes beyond the reasonable control of the party,
including, but not limited to: acts of God or of the public
enemy; Canada or foreign governmental actions; strikes;
fire; flood; epidemic; terrorism; and freight embargoes,
provided that the party uses reasonable efforts to notify the
other party of the circumstances causing the delay and
resumes performance as soon as possible.
Merger and integration
This Agreement represents the full and final understanding
between IBI Group and Client. This agreement can only be
modified in writing.
1004415051.,.City of Saint John Software Support Agreement (Tan 1, 2021-Dec 31, 2021)
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•
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(Pec 182020 Pee 31 202) Page 4 of 4
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates set forth.
Signature:
Print
In their capacity as an Authorized Representative of Client
Dated:
IBI
Print Name: Ritesh Warade
In their capacity as an Authorized Representative of IBI Group.
Dated:
IBI Group
Signature:
Print Name: Doug Pazker
In their capacity as an Authorized Representative of IBI Group.
Dated:
1004415051.,.City of Saint John Software Support Agreement (Tan 1, 2021-Dec 31, 2021)
(Pec 182020 Pee 31 202) Page 5 of 5
Commented [CC3]: Note for Saint John: City
representative to sign
Commented [CC4]: IBI Group to sign after City has
reviewed
51
1004415051.,.CU of Saint John Software Support Agreement (Tan 1, 2021-Dec 31, 2021)
(Pec 182020 Pee 31 202) Page 6 of 6
52
Master Consulting Services Agreement
IBI as Consultant
This Master Consulting Services Agreement (the "Agreement") is made as of December XX,
2020I, between City of Saint John and IBI Group Professional Services (Canada) Inc for Commented [Al]: IBI to update date after the City has
the professional services as provided below. reviewed/approved contract
City of Saint John and
PO Box 1971
15 Market Square
Saint John, NB, E21_ 41_1 E2ii0107
the "Client"
Project Background:
IBI Group Professional Services
(Canada) Inc
"IB1"
The Client and IBI wish to enter into this Agreement whereby IBI will provide professional
services to the Client pursuant to the following terms and conditions, subject to the execution
of one or more Services Authorizations. as defined below:
Section 1 — Performance by IBI
1.01 Scope of the Services — The professional services IBI will provide under this
Agreement will be set out in a Services Authorization (the "Services"), the form of which is
attached as Schedule 1 - Form of Services Authorization (the "Services Authorization(s)").
No Services pursuant to this Agreement are effective or will be carried out by IBI in the absence
of an executed Services Authorization. Upon written request, the Client may change the
Services, in which event the alteration will be set out in a Change Order, the form of which is
attached as Schedule 2 - Form of Change Order. No changes to the Agreement or Services
are effective or will be carried out by IBI in the absence of a Change Order.
1.02 Commencement of Performance — IBI will commence the performance of its
obligations in accordance with an executed Services Authorization or as otherwise directed by
the Client in writing.
1.03 IBI's Standard of Care — In providing the Services, IBI will perform at all times in a
manner consistent with the degree of care and skill ordinarily exercised by members of IBI's
profession currently practicing under similar circumstances at the same time and in the same
or similar locality, and IBI will comply with all applicable laws in the provision of the Services.
The Client acknowledges and agrees that nothing herein shall be construed as creating a
fiduciary duty owed by IBI.
1.04 Notification by IBI to the Client — If circumstances or conditions that were not
reasonably contemplated by the Client and IBI are revealed during the provision of Services,
to the extent that they affect the Services, the Client and IBI will enter into good faith
negotiations to address the changed or unanticipated condition(s). Any change under this
provision will not be effective until a Change Order reflecting the change has been executed by
the Client and IBI.
1.05 Rights and Remedies — The express rights and remedies of the Client and IBI set out
in this Agreement are in addition to and will not limit any other rights and remedies available to
the Client or IBI at law or in equity. Any failure by either the Client or IBI to insist on strict
MasterConsultingServicesAgreement—Version4 (IBI Group as Consultant for City of Saint John)
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performance and compliance by the other of any term, right or remedy under this Agreement
will not be construed as a waiver by the Client or IBI of its right to require strict performance of
any such term, right or remedy, and the duties of the Client or IBI with respect to such
contractual performance will continue in full force and effect.
1.06 Client Provided Information — The Client will furnish information, requirements,
reports, data, surveys and instructions required for IBI's provision of the Services. IBI will use
such information, requirements, reports, data, surveys and instructions in performing the
Services and is entitled to rely upon the accuracy and completeness thereof. The Client shall
give decisions and approvals and shall take such actions necessary for the proper and timely
performance of the Services. In addition to the foregoing, the Client shall promptly disclose the
existence of any labour and material payment bond and/or payment insurance products to IBI,
if applicable.
1.07 Subconsultants — IBI may retain the services of subconsultants in the provision of the
Services, when, in its opinion, it is appropriate to do so. If IBI wishes to retain non-affiliated
subconsultants, IBI will notify and obtain the Client's approval in writing prior to engagement of
such subconsultant, such approval to not be unreasonably withheld. Notwithstanding anything
to the contrary herein, IBI is entitled to assign elements of the scope to any of its affiliates to
ensure compliance with applicable laws.
1.09 Approvals, Budgets, Estimates, Timetables — the Client acknowledges that IBI does
not warrant (a) that planning permission or any other approvals from third parties that may be
required in connection with the Services will be granted at all or with no amendments, or
granted in accordance with any anticipated time schedule, (b) compliance with any budget or
quantity estimate or timetable whether or not prepared by IBI as part of the Services and which
may require review by the Client for various matters including but not limited to (i) approved
variations arising from design development or requested by the Client, (ii) variations in market
prices, (iii) delays or additional costs caused by third parties, (iv) any other factors beyond the
control of IBI and (v) the discovery at any time of any previously unknown conditions. If the
Services require IBI to monitor costs against a provided or agreed budget, IBI shall inform the
Client when it reasonably believes costs shall exceed the agreed upon budget, following which
IBI shall, if so requested by the Client pursuant to a Change Order, make appropriate
recommendations to the Client to adjust the Project size, quality or budget.
Section 2 — Nature of the Relationship Between the Client and IBI
2.01 IBI Not a Partner, Agent or Employee — IBI will have no authority to contractually bind
the Client or to assume or create any legal obligation or responsibility, express or implied, on
behalf of the Client. Nothing in this Agreement will have the effect of creating a partnership,
agency or employment relationship between the Client and IBI or any of IBI's directors, officers,
partners, agents, employees, affiliates, subconsultants or volunteers.
2.02 Assignment — Other than in compliance with Section 1.07, neither the Client nor IBI
will transfer, sublet or assign any rights or duties under, or interest in, this Agreement, without
the prior written consent of the other party.
2.03 Conflict of Interest — In the provision of the Services under this Agreement and the
applicable Services Authorization, IBI will: (a) avoid any conflict of interest in the performance
of its obligations under this Agreement and the applicable Services Authorization; (b) disclose
immediately any actual or potential conflict of interest arising during the performance of its
obligations under this Agreement and the applicable Services Authorization; and (c) comply
with any requirements prescribed by the Client to resolve any actual or potential conflict of
MasterConsultingServicesAgreement—Version4 (IBI Group as Consultant for City of Saint John) 2
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interest. Conflict of interest under this provision includes, but is not limited to, any situation or
circumstance where IBI's other commitments, relationships or financial/commercial interests:
(a) could or could be seen to exercise an improper influence over the objective, unbiased and
impartial exercise of its independent judgement in the provision of the Services; or (b) could or
could be seen to compromise, impair or be incompatible with the effective performance of its
contractual obligations under this Agreement and the applicable Services Authorization.
2.04 Ethical Standards — The Client and IBI represent that neither it nor any of its affiliates
has offered, promised or given financial or other advantage directly or indirectly to a
governmental or public official or any employee or other person acting on their behalf, or any
employee or other person acting on behalf of the other party herein, in connection with any
matter related to the provision of the Services under this Agreement. In performing its
obligations and exercising its rights under this Agreement, the Client and IBI will comply with
this Agreement and applicable laws, including those pertaining to the regulation of public
markets, competition among market participants, the corruption and bribery of governmental or
public officials or others; lobbying and money laundering; export controls, customs and anti -
boycott laws; health and safety matters including worker compensation requirements;
protection of personal and private information; mutual respect in the workplace; and
safeguarding children and vulnerable adults, human rights, human trafficking and modern
slavery. The parties further agree that they will exercise their respective obligations under this
Agreement, deal with their employees, suppliers, business and governmental organizations, in
a fair manner and conduct themselves, in all matters related to the provision of the Services, in
a manner consistent with business best practices and the values and principles promoted by
their respective organizations.
2.05 Client Responsibilities — The Client's designated representative set forth herein is
authorized to act on its behalf and all direction shall be by or through such designated
representative. The Client shall examine documents submitted by IBI and shall render
decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of Services.
The Client shall furnish IBI all existing available information, including reports, studies, testing
results, operating records, existing plans, and other data pertinent to the Services, in a timely
manner, and IBI shall be entitled to rely on the same. As applicable, the Client shall ensure IBI
Group is afforded access to enter upon public and private land as required for the performance
of the Services. The Client shall instruct the making of applications for any consents or permits
or other applicable applications required in connection with the Services and shall pay any
charges, fees, expenses and disbursements in respect thereof.
Section 3 — Payment for Performance and Audit
3.01 Payments According to Agreement Rates — The Client will, subject to IBI's
performance of its duties and obligations under this Agreement, pay IBI for the provision of the
Services, plus applicable taxes, as set out in an executed Services Authorization.
3.02 Services Payments — In accordance with an executed Services Authorization, the
Client will pay IBI for the provision of the Services, plus applicable taxes, upon receipt and
approval of IBI's invoice pursuant to Section 3.03. IBI's unpaid invoices will bear interest
calculated monthly at the rate of twelve (12) percent per annum, commencing twenty-eight (28)
days after the date that IBI submits its invoice. Should the Client frequently or repeatedly be
delayed in the payment, in whole or in part, of IBI's invoice(s), IBI will have the unilateral right
to terminate this Agreement upon reasonable written notice. IBI's fees and reimbursable
expenses are secured upon and run with title to the Client's lands.
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3.03 Agreement Billing and Payment — Unless the Client and IBI expressly set out a
different billing and payment process by way of an executed Services Authorization under this
Agreement, payment for the Services will be based on IBI's submission to the Client of: (a) an
invoice no later than ten (10) days after the end of each month referencing or including: (i) the
Agreement number; (ii) the date of the invoice and period during which the Services were
supplied; (ii) information identifying the authority under which the Services were supplied; (iv)
a description, inclusive of relevant supporting documentation, of the Services provided during
the invoice period; (v) the amount payable for the Services supplied and the payment terms;
(vi) the name, title, telephone number and mailing address of the person to whom payment is
to be sent; and (vii) such other information as required under this Agreement. Subject to
applicable law, In the event the Client rejects IBI's invoice, or any portion thereof, it will advise
IBI promptly in writing requesting the provision of the appropriate billing
information/documentation to correct the deficiency. Subject to applicable law and the Client's
approval of IBI's invoice, the Client will make payment to IBI within twenty-eight (28) days of
receipt of proper invoice.
3.04 Payment of Taxes and Duties — Unless expressly agreed in writing, IBI will pay all
applicable federal, provincial, state and municipal taxes, including sales, value added, payroll
and excise duties and taxes, incurred with respect to the provision of the Services.
3.05 Document Retention and Audit — For ten (10) years after the expiry or termination of
this Agreement, IBI will retain, maintain and safeguard all necessary financial records and
billing documents to substantiate all charges and payments made and received under this
Agreement. At any time during the ten (10) years, IBI will permit and reasonably assist the
Client in conducting audits of IBI to verify payments made pursuant to IBI's provision of the
Services under this Agreement. The Client will provide IBI with reasonable prior notice of its
requirement to conduct such audit.
Section 4 — Confidentiality
4.01 The Client's Confidential Information — IBI agrees to keep confidential and not to use
or disclose to any person or entity, other than its directors, officers, partners, agents,
employees, affiliates, subconsultants and volunteers (collectively, the "Representatives") any
data or information learned or generated by IBI in the performance of this Agreement or
disclosed to IBI by or on behalf of the Client in connection with this Agreement ("Confidential
Information"), other than is necessary to perform the Services. IBI further agrees to ensure
that those of its Representatives who have been provided with Confidential Information will
keep all such information confidential and only use or disclose same as necessary to perform
the Services. This provision does not apply to information in whatever form that was in the
public domain prior to the execution of this Agreement or the applicable Services Authorization,
nor does it restrict IBI from giving notices required by law or when complying with an order to
disclose as issued by a court, administrative agency or other regulatory authority, or if
disclosure is reasonably necessary for IBI to defend itself from any action, claim, demand,
lawsuit or other proceeding at law.
4.02 Access and Use Restrictions — IBI agrees that unless it obtains specific written
preauthorization from the Client, any access to or use of Confidential Information that is not
necessary for the performance of its obligations in the provision of the Services is strictly
prohibited.
4.03 Promotional Activities — The Client approves IBI to (i) undertake reasonable
promotional activities, (ii) post signage and billboards at project locations, and (iii) brand all
deliverables hereunder, in each case related to the provision of the Services.
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Section 5 — Intellectual Property
5.01 Ownership of Instruments of Service —The Client agrees that (i) all reports, drawings,
specifications, field data, notes and other documents and instruments prepared by IBI and
provided to the Client under this Agreement and an applicable Services Authorization
("Instruments of Service") remain the exclusive and sole property of IBI, and (ii) IBI will retain,
at all times, the Instruments of Service common law, statutory and other reserved rights,
including, without limitation, the Intellectual Property rights thereto. Intellectual Property under
this Agreement includes any intellectual, industrial or other proprietary right of any type in any
form protected or protectable under the laws in Canada, including, without limitation, any
intellectual, industrial or proprietary rights protected or protectable by legislation, common law
or at equity.
5.02 IBI's Grant of Licence — IBI, pursuant to this provision, grants the Client, a perpetual,
royalty -free, irrevocable, non-exclusive licence to exercise all such Intellectual Property rights
and every other right, title and interest in the Instruments of Service and Intellectual Property
inherent in the Services without obligation to account to, or obtain consent from, IBI to use the
Instruments of Services for their intended purpose. IBI agrees that it will not incorporate into
the Services any Intellectual Property that would restrict the right of the Client to use the
Services for their intended purpose, or that would prevent the Client from entering into any
contract with any contractor for the general maintenance and future asset management of
Services.
5.03 Title to Improvements and Modifications —All Intellectual Property rights arising from
any further development or modification of the Services that are conceived, developed, effected
or first reduced to practice by IBI or its Representatives will vest in IBI or its Representatives,
and will not vest in the Client, its directors, officers, partners, agents, employees, affiliates,
subconsultants and volunteers except pursuant to subsequent written agreement.
5.04 Improper Use, Indemnity — Should the Client use or provide the Instruments of Service
or the Intellectual Property inherent in the Services to a third party for: (i) purposes other than
for which the Services were provided; or (ii) other than the general maintenance and future
asset management of the Services, the Client will indemnify and hold harmless IBI against all
claims, damages, losses and costs (including reasonable legal and professional fees) arising
out of or resulting from the Client's improper use of the Instruments or Service and/or
Intellectual Property, and in no event will IBI be responsible for any legal consequences of any
such improper use.
Section 6 — Liability and Insurance
6.01 IBI Liability — To the extent permitted by law, IBI will indemnify and hold harmless the
Client from and against substantiated claims, damages, losses, costs and expenses, including
reasonable legal and professional fees (collectively, the "Claims"), to the extent arising out of
or resulting from IBI's negligent acts, errors and/or omissions in the provision of the Services
and its Services Authorization. The total amount of all Claims the Client may have against IBI
under this Agreement in the provision of Services will be the value of the fees payable under
its Services Authorization(s). IBI and the Client agree that (a) no action or proceedings by the
Client arising out of or in connection with this Agreement, whether in contract or in tort, for
negligence or breach, or otherwise shall be commenced after the earlier of (i) the Expiry Date
and (ii) the date prescribed by applicable law; (b) neither the Client nor IBI will be liable to the
other for any incidental, consequential, indirect, special or punitive damages, damages related
to loss of use, loss of profit, loss of opportunity, loss of income, unrealized energy savings,
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diminution of property value or loss of reimbursement or credit from governmental or other
regulatory agencies, in each case arising out of this Agreement and regardless of a party being
advised of the possibility of such damages; and (c) no employee, officer, director, shareholder
of IBI or any of its affiliates shall be personally liable to the Client for any liability whatsoever
arising under this Agreement.
6.02 IBI Insurance — Prior to the Client and IBI's execution of a Services Authorization IBI
agrees to put in effect and maintain insurance for the Term, in accordance with Section 9.02,
at its own cost and expense, with insurers having a secure A.M. Best rating of A (or equivalent),
all the necessary and appropriate insurance that a prudent person in the business of IBI would
maintain including, but not limited to:
(a) commercial general liability insurance on an occurrence basis for third party
bodily injury, personal injury and property damage, to an inclusive limit of not
less than $1,000,000 per occurrence and $1,000,000 in the aggregate. The
policy must include:
the Client as an additional insured with respect to liability arising in the
course of the performance of IBI's obligations under, or otherwise in
connection with, this Agreement;
contractual liability coverage;
a cross -liability clause;
employers' liability coverage;
a thirty (30) day written notice of cancellation or termination clause; and
non -owned automobile coverage with blanket contractual coverage for hired
automobiles.
(b) professional liability insurance for damages incurred by reason of any negligent
act, error and/or omission of IBI in the amount of $5,000,000.
Section 7 — Agreement Expiry, Termination and Extension
7.01 Termination of this Agreement — Unless extended by mutual agreement of the Client
and IBI, this Agreement will terminate on the earliest of: (a) the Expiry Date, as defined in
Section 9.02; or (b) the date of termination in accordance with this Section 7.
7.02 Immediate Termination of this Agreement or a Services Authorization — The Client
or IBI may immediately terminate this Agreement and/or any Services Authorization upon giving
reasonable notice to the other where:
(a) either the Client or IBI is adjudged bankrupt, makes a general assignment for
the benefit of its creditors or a receiver is appointed on account of insolvency;
(b) there is a breach of Section 2.04 or any provision in Section 3; or
(c) either party's acts or omissions constitute a substantial breach of its obligations
under this Agreement and/or any executed Services Authorization,
Rights of termination under this provision are in addition to all other rights of termination
available at law, or events of termination by operation of law.
7.03 Opportunity to Cure — Where IBI fails to comply with any of its duties or obligations
under an executed Services Authorization, the Client may issue a rectification notice to IBI
MasterConsultingServicesAgreement—Version4 (IBI Group as Consultant for City of Saint John)
setting out the manner and time -frame for rectification. Within fourteen (14) days of receipt of
the Client's notice, IBI will either: (a) comply with the rectification notice; or (b) provide a
rectification plan satisfactory to the Client. If IBI fails to comply with the Client's rectification
notice or provide a satisfactory rectification plan, the Client may thereafter terminate IBI's
delivery of the Services under such Services Authorization on reasonable written notice to IBI.
7.04 Suspension Leading to Termination — If IBI's delivery of the Services under an
executed Services Authorization is suspended for any reason, at any time, for more than ninety
(90) consecutive days through no fault of the Client or IBI, the Client or IBI may terminate the
provision of the Services pursuant to such executed Services Authorization upon reasonable
written notice.
7.05 IBI's Obligations on Termination — Upon termination of an executed Services
Authorization, IBI will, in addition to its other obligations under this Agreement and at law:
(a) provide the Client with any completed or partially completed Services; and
(b) provide the Client with a report detailing the current state of the provision of the
Services at the date of termination.
7.06 Payment Upon Termination — Upon termination of an executed Services
Authorization, the Client will only be responsible for the payment to IBI for the provision of the
Services, up to and including the effective date of the termination, plus reasonable close-out
costs.
Section 8 — Dispute Resolution
8.01 Management of Dispute Resolution — The Client and IBI will make every reasonable
effort to resolve a Dispute and/or an executed Services Authorization by amicable negotiations.
Both the Client and IBI agree to provide frank, candid and timely disclosure of relevant facts,
information and documents to facilitate negotiations without prejudice to their respective legal
rights and recourse. Dispute means and includes any disagreement, conflict or controversy, in
any form, arising between the Client and IBI in the interpretation of this Agreement or in IBI's
provision of the Services under an executed Services Authorization.
Section 9 — Interpretation, General Provisions
9.01 Agreement Documentation — The Agreement includes: (a) this Agreement, including
Schedule 1 - Form of Services Authorization, Schedule 2 - Form of Change Order, and any
other schedule/attachment affixed at time of execution; (b) any certificates of insurance or
clearance; (c) any executed Services Authorization(s); and (d) any amendments executed in
accordance with Section 1.01.
9.02 Term — This Agreement commences on the date set out on page one hereof and ends,
unless extended by mutual agreement of the Client and IBI, on the earlier of: (a) December 31,
2023 (the "Expiry Date") or (b) when the Agreement is otherwise terminated in accordance Commented [A2]: End date to be agreed with the City
with Its terms.
IBI is proposing three years for the master consulting
services agreement, and one year for the scope of work.
9.03 Severability — If any term, condition or obligation of this Agreement, or the application
of any term, condition or obligation to the parties or to any other persons (including firms,
Essentially the work would end after 1 year unless the
City chooses to renew or request a new Scope of Services.
partnerships, corporations or any combination), is to any extent held invalid or unenforceable
If the City does choose to renew, then this consulting
under any applicable legislation or rule of law, such holding will be applied only to that services agreement contract could still be used
provision(s), with the remainder of this Agreement remaining in full legal force and effect.
MasterConsultingServicesAgreement—Version4 (IBI Group as Consultant for City of Saint John)
59
9.04 Interpretation of Documents — Later amendments to this Agreement will govern over
earlier provisions of the Agreement. In any case, if there is a right or remedy in favour of IBI
set out in this Agreement which is not provided for in any executed Services Authorization,
such additional right or remedy shall not constitute a conflict or inconsistency.
9.05 Force Majeure — No party is liable for damages caused by delay or failure to perform
its obligations under this Agreement where such delay or failure is caused by an event beyond
its reasonable control. The parties agree that an event will not be considered beyond one's
reasonable control if an objective business person in the same or similar situation or
circumstance would have put in place contingency plans to either materially mitigate or negate
the effects of such event. For purposes of this Agreement such events may include, but are
not limited to, strikes or other labour disputes, severe weather disruptions or other natural
disasters, acts of God, pandemic, epidemics, fires, riots, war or other national states of
emergency. If a party seeks to excuse itself from an obligation(s) under this Agreement by
reason of such an event, that party will immediately notify the other party of the delay or non-
performance, the reason for it and the anticipated period of delay due to the force majeure
event. If the anticipated or actual delay or non-performance exceeds thirty (30) days, the other
party may suspend or terminate this Agreement by giving notice. Notwithstanding the
foregoing, the occurrence of a force majeure event shall not reduce a party's obligations to
make any payment required under this Agreement.
9.06 Notices by Prescribed Means — Notices under this Agreement are to be in writing and
are to be delivered by postage -paid envelope, personal delivery or email. Notices will be
deemed to have been given: (a) in the case of postage -prepaid envelope, five (5) days after
such notice is mailed; or (b) in the case of personal delivery, one (1) day after such notice is
received by the other party; or (c) in the case of email, as of the date of the time stamp
evidenced on the computer of the sender. In the event of a postal disruption, notices must be
given by personal delivery or by email. Unless the parties expressly agree in writing to
additional methods of notice, notice under this Agreement may only be provided by the methods
contemplated in this Section.
9.07 Electronic Record s/TransmittaI — The Client and IBI may transmit, and will accept
Services related correspondence, documents, text, data, drawings, information, meeting
minutes and graphics, in electronic media or digital format, directly, through access to a secure
website or through building information model software, in accordance with a mutually agreed
protocol and agreement, as applicable, between the Client and IBI.
9.08 Governing Law — The Client and IBI agree that this Agreement and legal actions
concerning its validity, interpretation and performance will be governed by and interpreted in
accordance with the laws of Ontario, Canada and it is further agreed by the parties that any
legal action arising under this Agreement will be brought in a court of competent jurisdiction in
this jurisdiction.
9.09 Entire Agreement — This Agreement constitutes the entire agreement between the
Client and IBI and cancels and supersedes any prior understandings and agreements, whether
written or oral. Except as expressly provided in this Agreement, no other terms, conditions or
warranties, express or implied, form a part of this Agreement. Amendments to this Agreement
must be in writing and signed by both parties in accordance with Section 1.01.
9.10 Survival of this Agreement — Notwithstanding any amendment, completion or
termination of this Agreement, all rights, licenses and waivers granted to the Client and all
indemnifications, warranties and representations contained in this Agreement, including those
MasterConsultingServicesAgreement—Version4 (IBI Group as Consultant for City of Saint John) 8
expressly set out in Sections 2.03 (Conflict of Interest), 2.04 (Ethical Standards), 3.05
(Document Retention and Audit), 4.01 (The Client's Confidential Information) and 7.05 (IBI's
Obligations on Termination), will survive and will remain in full legal force and effect.
9.11 Successors, Assigns and Beneficiaries — The Client and IBI agree to be bound, as
are their respective successors, executors, administrators and legal representatives, in respect
of all terms, conditions and obligations pursuant to this Agreement.
9.12 Currency — All references in this Agreement to currency denominations and currency
will be in Canadian dollars.
9.13 Agreement Execution — This Agreement may be signed in counterparts and each such
counterpart will constitute an original document and such counterparts, taken together, will
constitute one and the same instrument. This Agreement may be executed and delivered by
electronic transmission and the Client and IBI may rely on such electronic signature as though
such were an original signature.
[Signature pages immediately follow.]
MasterConsultingServicesAgreement—Version4 (IBI Group as Consultant for City of Saint John)
61
This Agreement is executed with effect as of the date set out on the first page of this Agreement.
City of Saint John, as the Client
Name:
Title:
IBI Group Professional Services (Canada) Inc
Name: Ritesh Warade Name:
Title: Director Title:
Parker
Director
MasterConsultingServicesAgreement—Version4 (IBI Group as Consultant for City of Saint John)
10
Commented [A3]: Insert city's contact Name and Title
Commented [A4]: IBI Group to sign
62
Schedule 1— Form of Services Authorization
Services Authorization No. 1
The Client and IBI refer to the Master Consulting Services Agreement, dated:
DecemberXX, 2020, between the City of Saint John and IBI Group (the "Agreement').
Services Authorization to the Agreement
The Client wishes to engage IBI for the provision of the Services under the Agreement
through this Services Authorization, provided below.
Section 1— Scope of the Services:
The following is the agreed scope of IBI's professional services (the "Services") under this
Services Authorization:
See the attached Scope of Work.
Section 2 — Payment and Reimbursement for the Services:
Fees:
The Client agrees to pay the professional fees and reimbursable expenses, plus applicable
taxes, as submitted in accordance with Section 3.03 of the Agreement. Under this Services
Authorization, IBI's professional fees are to be established on a Lump Sum Basis and Time
and Materials Basis, and are as follows:
See the attached Scope of Work, Section 6 — Fees.
IBI reserves the right to adjust its rate schedule on an annual basis following the first year
anniversary of the date of this Agreement.
Section 3 — Schedule for Provision of the Services:
The schedule for provision of the Services is as set in Scope of Work out below:
See the attached Scope of Work, Section 5 — Schedule/Milestones.
IBI Representative:
IBI designates the person below as the representative authorized to act on IBI's behalf with
respect to the provision of the Services ("IBI's Representative"). Pursuant to Section 9.06
of the Agreement, IBI's Representative for this Services Authorization will be authorized to
receive notices, transmit information and make binding decisions regarding IBI's provision
and delivery of the Services. The name, title and contact information of IBI's
Representative is:
Name: Doug Parker
Title: Director
MasterConsultingSewicesAgreement—Version4 (IBI Group as Consultant for City of Saint John) S2-1
Commented [AS]: IBI to update date after the City has
reviewed/approved the contract
63
Address: 55 St. Clair West, 7th Floor, Toronto, ON
Email: doug.parker@ibigroup.com
Phone: 416-596-1930
Client Representative:
The Client designates the person below as the representative authorized to act on Client's
behalf with respect to the provision of the Services ("Client's Representative"). Pursuant
to Section 9.06 of the Agreement, Client's Representative for this Services Authorization
will be authorized to receive notices, transmit information and make binding decisions
regarding Client's receipt of the Services. The name, title and contact information of
Client's Representative is:
Name:
Title:
Address:
Email:
Phone:
This Consultant Services Authorization is executed with effect as of the date set out on the
first page of the Agreement.
City of Saint John, as the Client
Name:
Title:
IBI Group Professional Services (Canada) Inc.
Name: Ritesh Warade Name:
Title: Director Title:
Parker
Director
MasterConsultingSewicesAgreement—Version4 (IBI Group as Consultant for City of Saint John)
52-2
Commented [A6]: Saint John to fill in client
representative and signature below
Commented [A7]: keep in for now or remove for now? J
Commented [A8R7]: Delete
IBI GROUP
711 Floor - 55 St, Clair Avenue West
Toronto ON M4V 27Y Canada
I I
tel 416 596 1930 fax 416 596 0644
ibigroup.com
December 14, 2020
Scope of Work
Objective
The City of Saint John would like to create and update/maintain a high quality GTFS feed which will be
used to provide transit information on their website. The City has an existing GTFS feed, however it is not
accurate or up to date with the City's current transit service and route structure.
2 TRANSIT -data -tools Summary and Features
Ensure customers are shown accurate, reliable, and up-to-date schedule information.
Transit customers depend on high -quality General Transit Feed Specification (GTFS) data to plan their
trips in their favorite apps. Up to date and comprehensive GTFS data is also the basis for high quality
real-time feeds that customers have come to expect. Designed with these challenges in mind, IBI Group's
TRANSIT -data -tools is a robust suite of cloud -hosted tools supporting the creation, maintenance,
validation, and deployment of transit data in the GTFS format.
Key Features are described below:
• Create and edit GTFS feeds in a map -based interface: The system allows users to create new
GTFS feeds and edit or modify existing GTFS data in an easy to use, map -based user interface.
Users can keep track of and switch between any number of versions of the data — making the
editor great for quick, iterative scenario planning.
• Validate GTFS data and resolve issues: Perform industry -standard comprehensive validation
checks on every GTFS feed that the system consumes. Any errors reported can be easily fixed
using our automatically -applied recommended fixes or by loading the GTFS into the map -based
editor.
• Keep your transit data up to date: The system checks daily for newly published GTFS versions
that you're watching. Stakeholders will be emailed about updated feeds once they are available,
reducing the lag time between feed production and release to the public.
• Deploy GTFS to other systems: Multiple GTFS feeds for an entire region can easily be loaded
for validation. A regional GTFS feed can then be produced with one click and deployed
seamlessly to TRANSIT -routing or other cloud -hosted OpenTripPlanner (OTP) platforms.
• Collaboratively manage data and deployments: The system sends configurable email and
web notifications when a new feed is fetched, an OTP deployment finishes, or a team member
65
publishes a new dataset. Users can also add comments to feeds in order to discuss changes and
resolve issues.
Trusted solution: TRANSIT -data -tools is currently used by many agencies around North
America to manage their GTFS data and deployments of TRANSIT -routing (OTP). New York
State Dept. of Transportation (NYSDOT) relies on the system to manage the GTFS feeds from all
transit agencies within the State for their Statewide trip planner (511 ny.org). The San Francisco
Bay Area Metropolitan Transportation Commission (MTC) and its partners rely on TRANSIT -data -
tools to create, validate, and deploy transit schedule information and real-time service alerts,
aggregating data from more than 20 local and regional transit providers throughout the region.
The Southeastern Pennsylvania Transportation Authority (SEPTA) uses TRANSIT -data -tools to
manage its GTFS data and other inputs that feed its trip planner based on TRANSIT -routing that
serves the Philadelphia region.
A number of agencies including TransLink (Vancouver, BC), Miami -Dade County Transit (Miami,
FL) and MDOT MTA (Maryland) are currently using TRANSIT -data -tools in response to COVID-
19, in order to ensure that their GTFS data is up to date with their latest service adjustments.
TRANSIT -data -tools allows them to quickly update a GTFS feed to include "on the fly" service
changes that had not been entered into the agency's scheduling software.
3 1131 Group Responsibilities
IBI Group's responsibilities are detailed in the following tasks.
Task 1: Provide IBI's Data Tools Platform
• Provide the City with access to IBI's Data Tools platform, for the City to use and make updates or
changes to their GTFS feed to reflect service changes (such as board period changes, route
changes) for a one year period from January 1, 2021 to December 31, 2021 per the attached
Support Agreement. This can be extended based on mutual agreement by the City and IBI
Group.
• User access will be provided for to up to five (5) City staff members to use the Data Tools
platform. Access will be granted and accounts created using the City's email addresses.
Task 2A: Create GTFS Feed
• Coordinate with the City to obtain relevant information (see the AssumptionsAssuFap#ons section
and Saint John Responsibilitiesc-dint John ReSIDO.,S'Wo+moss section)
• Create GTFS feed in Data Tools in line with requirements and best practices (wherever possible)
for the General Transit Feed Specification (GTFS)
• Perform feed validation and quality assurance checks
• Review the accuracy of the feed with the City and arrange for updates as needed
Task 213: Prepare Feed for Launch in Google Maps
• Coordinate with Google Transit to make the City's GTFS feed publicly available in Google Maps.
• Manage Google Partner dashboard on behalf of the City, to the extent possible. Note that some
specific tasks may need to be performed by the City. These are listed under Saint John
Responsibilitiesga;Rt johR ReSPORsihili+ie
• Resolve warnings, errors, and issues, and update the feed to comply with Google's standards.
Complete feed updates and respond to issues via Google's Transit Partners dashboard.
• Arrange automatic upload of latest GTFS files, and schedule launch to go -live on Google Maps.
Task 3: Ongoing Support and Training
• Ongoing support and training will be provided for a one year period from January 1, 2021 to
December 31, 2021 per the attached Master Consulting Services Agreement. This can be
extended based on mutual agreement by the City and IBI Group.
• A base amount of support and training will be provided for up to 20 hours per year. Beyond the
base 20 hours per year, hours requested by the City will be billed on a time and material basis
(charged in increments of 0.25 hours) at a rate of $150 CAD per hour.
• IBI Group recommends one (1) initial training session, of up to two (2) hours.
• The training will include:
• A walkthrough of the Data Tools platform and functionality
• Training on how to create, edit, and export the GTFS files using the Data Tools platform
• Answering any technical questions about use of the Data Tools platform
• Provision of training materials after the session
• Training will be provided to the City's GIS, IT and any other staff requested by the Project
Manager, with up to five (5) City staff members per training session.
4 Assumptions
General
• In addition to having the GTFS feed created, the City would like IBI Group to manage the Google
Maps review, approval, and launch process, to have the feed made available in Google Maps.
The timeline for feed launch is dependent on Google.
• IBI Group understands that the City had a previously created GTFS feed, however it is not
accurate. IBI Group assumes they will create the new feed independently rather than relying on
the previous feed.
Feed Creation
• Fares can be modelled as a flat fare per route or a constant fare for all routes.
• A list of stops, each with desired stop ID, name, description, and location (i.e. `stop_id',
`stop_name', `stop_desc', `stop_lat', `stop_lon') is provided.
• Where 1A and 1 B routes (and similar patterns) represent opposite directions for the same route
these may be modelled as one route, with patterns for each direction.
• Route information is provided (i.e. route_id, route —short —name, and route_long_name) in addition
to route shape or detailed route alignment description, which explains the path each route should
follow. This should include any route variants that may exist.
• A list of exception dates on which modified service is operated, and a description of that modified
service, is provided (e.g. holiday service).
• Other basic service information such as wheelchair accessibility (i.e. yes/no) is provided.
Saint John Responsibilities
• Provide the stop, route, schedule, fare information, and other service information per the
assumptions under the Feed CreationFeed Croat'^" section.
67
• For Task 2B, perform tasks for Google Partnerdash that are specific to the transit agency and a
consultant is typically not authorized to do (e.g. setting up agency email address, filling in form on
behalf of agency, approving launch date for Google Maps).
5 Schedule/Milestones
• IBI Group will create the GTFS feed and provide access to the Data Tools platform (Task 1 and
Task 2A) within 2 weeks of receiving notice to proceed, not including the holiday period from Dec
23, 2020 — Jan 1, 2021.
• For Task 2B, the feed will be made available in Google Maps based on Google's timeline (this
can range anywhere from a week to more than a month) once the GTFS feed is provided to
Google.
• Task 3 will for the first year begin January 1, 2021 and end December 31, 2021.
6 Fees
The fees (in Canadian dollars) for the Scope of Work is provided below.
Task 1: Provide IBI's Data Tools Platform
$0
No annual cost for 2021 based on the following conditions:
1. The resultant GTFS feed is free and publicly available for anyone to access
without conditions
2. The City acknowledges that the feed was created in IBI Group's Data Tools
system on the City's website next to the shared GTFS feed
3. IBI Group does not accept any liability for incorrect information or other issues
with the feed or the platform
Task 2A: Create GTFS Feed
$6,500
Task 2113: Prepare Feed for Launch in Google Maps
$1,000
Task 3: Ongoing Support and Training
$3,000, plus
Base support of 20 hours per annual year. After 20 hours per year, billed on a time
additional support
and materials basis at a rate of $150 per hour.
at $150 per hour
Total cost
$10,500
COUNCIL REPORT
M&C No.
2021-016
Report Date
January 18, 2021
Meeting Date
January 25, 2021
Service Area
Growth and
Community Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: City Market Lease with 721360 NB Ltd DBA Slocum & Ferris
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Andrew MacDonald
Jacqueline Hamilton
John Collin
NOW THEREFORE BE IT RESOLVED that the City approve the surrender of Leased
Premises by 045255 N.B. Ltd. Under the terms and conditions as set out in the
Surrender of Lease submitted with M&C 2021-016;
FURTHER BE IT RESOLVED that the City enter into a Lease for Stalls 16, 17 and
ancillary spaces in the City Market with 721360 N.B. Ltd. Dba Slocum & Ferris,
under the terms and conditions as set out in the Lease submitted with M&C 2021-
016; and
FURTHER BE IT RESLOVED that the Mayor and City Clerk be authorized to execute
any necessary documents.
EXECUTIVE SUMMARY
The owners of Slocum and Ferris have decided not to renew their lease with the
City. Instead, they have sold the assets of their businesses to new buyers - 721360
N.B. Ltd. dba Slocum & Ferris. These new operators intend to operate the Business
as Slocum and Ferris and City staff have negotiated an new lease with them for
the existing stall spaces. The term will be for five (5) years, commencing January
26, 2021 with an option to renew for an additional five (5) years. Rents will be at
market value as defined in Schedule C.
-2-
REPORT
City staff were notified that the owners of Slocum and Ferris, Dave Forestell and
Sherrie Boyd have decided to no longer operate Slocum and Ferris. Instead, they
had found a buyer willing to purchase the businesses assets and take over the
operation of Slocum and Ferris. Staff wish Dave and Sherrie the best of luck in
their future endeavors and are pleased to recommend to Council a new
generation of business owners to take over the Slocum & Ferris stall. The City has
received the paperwork for the surrender of the leased space and look forward to
working with new owners and their new ideas.
City staff and the owners/operators of 721360 N.B. Ltd. dba Slocum & Ferris have
reached an agreement that will have the business lease space described in
Schedule "A" of the lease in the City Market. The term will be for five (5) years,
commencing January 26, 2021 with an option to renew for an additional five (5)
years. Rents will be at market value as defined in Schedule C.
The lease document as attached is standard and consistent with the leases
granted to other tenants in the City Market, with a few exceptions to account for
the different business nature, scope and investment of this tenant. 721360 N.B.
Ltd. will do business as Slocum & Ferris and occupy the same spaces (Stalls "16"
and "17" and ancillary spaces) on the South side of the City Market, in the centre
of the Market Hall between Sagratis and Jeremiah's.
The new Lessee will continue to offer most of the services/menu items as were
offered before, as well as a growing focus on local products. They plan to source
local products to sell as well as use in their own production. They will be providing
more take-home options such as pre -made meals and take-home meal kits. They
will be expanding on the baking production and offering fresh baked products for
retail as well as wholesale. They will also build on the focus of bringing local
products to visitors, including entertaining tourists, tours, as well as promoting
and selling their products online.
PREVIOUS RESOLUTION
N/A
STRATEGIC ALIGNMENT
Growth and Prosperity:
Having a new Lessee re -open a City Market anchor business will help in the growth
and prosperity of the City Market, and in turn, the City of Saint John. Their
inclusion at the Market will be a part of the ever -important continuity of business
as a staple of the Uptown Core which aids in maintaining a livable community that
70
-3-
is vibrant and diverse, while providing an integrated approach to economic
development.
SERVICE AND FINANCIAL OUTCOMES
The operation and presence of 721360 N.B. Ltd. dba Slocum & Ferris within the
City Market will continue to add to a vibrant scene in the City's Uptown area,
focusing on both local and visiting patrons. This Lease will generate revenue of
approximately $32,000 per annum.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
Staff of the City Market and Facility Management has provided input into the
preparation of this report and the City's Legal Department has reviewed the Lease
Agreement.
G11110I:I&MArl
Lease Agreement with 721360 N.B. Ltd. Dba Slocum & Ferris
Surrender of Lease from 045255 N.B. Ltd. to the City
71
Form A19
LEASE
Standard Forms of Conveyances Act, S.N.B. 1980, c. S-12, s.2
The parties to this lease are:
The City of Saint John, having its City Hall at 15 Market Square, Saint John, New
Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the
Legislative Assembly of the Province of New Brunswick, the "Lessor";
— and —
721360 N.B. Ltd., a Corporation registered under the laws of the Province of New
Brunswick, having its registered office at 24 School Avenue, Rothesay, NB, doing business
as "Slocum & Ferris", the "Lessee".
The "Rules and Regulations" attached hereto as Schedule "D" and the Pre -Authorized
Debiting Form attached hereto as Schedule "D-1" form part of this lease.
The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on
the following conditions:
Duration:
Date of Commencement:
Date of Termination:
Payment Dates:
Place of Payment:
5 years
January 26, 2021
January 25, 2026
First day of each and every month
during the term hereof
Cashier's Office
City Hall
Saint John, NB
This lease contains the covenants and conditions which are set out in Schedule "C" attached
hereto.
Dated on 92021.
SIGNED, SEALED & DELIVERED
in the presence of:
THE CITY OF SAINT JOHN
Mayor
City Clerk
Common Council Resolution:
2021
721360 N.B. Ltd. dba Slocum & Ferris
Per:
And:
72
SCHEDULE "A"
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„0-1,i
LEASE FOR STALL SPACE
CITY MARKET
721360 N.B. Ltd.
dba Slocum & Ferris
SCHEDULE "C"
ARTICLE I
DEFINITIONS
1.01 Definitions
In this lease:
a) "Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor
under or pursuant to the terms of this Lease, save only for Gross Rent;
b) "Architect" shall mean the architect from time to time named by the Lessor or at the option
of the Lessor, the Lessor's general contractor. Any certificate provided by the Architect and
called for by the terms of this Lease shall be final and binding on the parties hereto;
c) "Atrium Seating/Food Court" means those portions of the Common Areas designated by the
Lessor from time to time for use in support of the operations of any group of premises
providing quick food service to customers of the City Market and includes, without limiting
the generality of the foregoing, public table and seating areas, waste collection facilities and
other areas, facilities and equipment intended for such use;
d) "City Market" means the lands and premises known by the civic address 47 Charlotte Street,
Saint John, New Brunswick, as such lands and premises may be altered, expanded or reduced
from time to time and the buildings, improvements, equipment and facilities erected thereon
or situate from time to time therein;
e) "Commencement Date" means a date determined in accordance with the provisions of
Section 2.03;
f) "Common Areas" means those areas, facilities, utilities, improvements, equipment and
installations in the City Market which from time to time are not designated or intended by the
Lessor to be leased to Lessees of the City Market, and those areas, facilities, utilities,
improvements, equipment and installations which serve or are for the benefit of the City
Market whether or not located in, adjacent to or near the City Market and which are
designated from time to time by the Lessor as part of the Common Areas. Without limiting
the generality of the foregoing, Common Areas includes all parking areas, all entrances and
exits thereto and all structural elements thereof, access roads, truck courts, driveways,
truckways, delivery passages, the roof, exterior weather walls, exterior and interior structural
elements and bearing walls in the building and improvements comprising the City Market,
package pick-up stations, loading and related areas, pedestrian stairways, ramps, electrical,
telephone, meter, valve, mechanical, mail storage service and janitor rooms and galleries, fire
preventions, security and communication systems, columns, pipes, electrical, plumbing,
drainage, any central system for the provision of heating, ventilating or air conditioning to
leaseable premises or any enclosed Common Areas and all other installations, equipment or
services located therein or related thereto as well as the structures housing installations,
including but not limited to all open and enclosed malls, courts and arcades, public seating
and service areas, corridors, furniture, first aid and/or information stations, auditoria,
conference rooms, nurseries, childcare play areas and related kitchen and storage facilities,
escalators, elevators, public washrooms, music systems and any atrium seating/food court;
g) "C.P.I." means the Consumer Price Index (All Items) for Canada (or any index published in
substitution for the Consumer Price Index or any other replacement index reasonably
designated by the Lessor, if it is no longer published) published by Statistics Canada (or by
any successor thereof or any other governmental agency, including a provincial agency);
h) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section 3.01;
i) "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially
dangerous substance, noxious substance, toxic substance, hazardous waste, flammable,
explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any
other substances or materials that are declared or defined to be hazardous, toxic,
contaminants or pollutants in or pursuant to any applicable federal, provincial or municipal
statute, by-law or regulation;
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721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
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j) "HST" means harmonized sales taxes, value-added taxes, multi -stage taxes, business transfer
taxes or other similar taxes however they are characterized and any taxes in lieu thereof,
k) "Lease" means this indenture of lease and includes any riders and schedules hereto and shall
also include any agreements entered which have the effect of amending this indenture from
time to time;
1) "Leased Premises" means the premises leased to the Lessee as referred to and described in
Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises shall
extend from the top surface of the structural subfloor to the bottom surface of the structural
ceiling. If the Leased Premises have no ceiling abutting the demising walls, but rather are
open to the ceiling of the City Market building, the boundaries of the Leased Premises extend
from the top surface of the structural subfloor to the height of the demising walls;
m) "Lease Year" shall mean a period of time commencing on January 26, 2021 and ending on
January 25 of the following year. Thereafter Lease Years shall consist of consecutive
periods of twelve calendar months ending in each case on January 25 save for the last Lease
Year of the Term which shall terminate upon the expiration or earlier termination of this
Lease, as the case may be.
n) "Lessee" means the party named as Lessee in this Lease;
o) "Lessor" includes the Lessor and its successors and assigns;
p) "Operating Costs" means the total cost and expense incurred in owning, operating,
maintaining, managing and administering the City Market and the Common Areas,
specifically including without limiting the generality of the foregoing, any capital or place of
ownership taxes levied against the Lessor or any owners of the City Market on account of
their interest in the City Market, in an amount equitably allocated to the City Market by the
Lessor; gardening and landscaping charges; the cost and expenses of taking out the insurance
described in Section 9.03; cleaning, snow removal, garbage and waste collection and
disposal; lighting, electricity, public utilities, loud speakers, public address and musical
broadcasting systems and any telephone answering service used in or serving the City
Market, and the cost of electricity and maintenance for any signs designated by the Lessor as
part of the Common Areas; policing, security, supervision and traffic control; salaries and
benefits of all supervisory and other personnel employed in connection with the City Market
and management office rent imputed to the City Market by the Lessor, acting reasonably;
Management Fee, the cost of providing additional parking or other Common Areas for the
benefit of the City Market, whether such costs be Taxes or other type of costs; the costs and
expenses of environmental site reviews and investigations, removal and/or clean-up of
Hazardous Substances from the Common Areas; the cost of the rental of any equipment and
signs and the costs of supplies used in the maintenance and operation of the City Market and
the Common Areas; accounting and audit fees incurred in the preparation of the statements
required to be prepared and supplied by the Lessor under the terms of this Lease; heating,
ventilating and air conditioning of the Common Areas; all repairs and replacements to and
maintenance and operation of the City Market and the Common Areas; depreciation or
amortization of the costs, including repair and replacement, of all maintenance and cleaning
equipment, master utility meters, and all other fixtures, equipment, and facilities serving or
comprising the City Market or the Common Areas; which are not charged fully in the Lease
Year in which they are incurred, from the earlier of the date when the cost was incurred or
the Commencement Date, at rates on the various items determined from time to time by the
Lessor in accordance with sound accounting principles;
q) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the
Leased Premises and the denominator of which is the Rentable Area of the City Market;
r) "Rent" means all Gross Rent and Additional Rent payable pursuant to the terms of this
Lease;
s) "Rentable Area of the City Market" means the area in square feet of all rentable premises in
the City Market set aside for leasing by the Lessor from time to time, except for any
occupancy as designated by the Lessor for which there is no Gross Rent payable. Provided
however that the Lessor shall credit to Operating Costs any contributions received in respect
of such Operating Costs from the occupants of any of the areas excluded from the Rentable
Area of the City Market in accordance with this definition. Provided further that in
determining the fraction that is the Lessee's Proportionate Share, if the Leased Premises
consists of any of the foregoing excluded categories, the Rentable Area of that category will
be included in the Rentable Area of the City Market;
t) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors
of the Leased Premises measured from:
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721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
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i. the exterior face of all exterior walls, doors and windows;
ii. the exterior face of all interior walls, doors and windows separating the Leased
Premises from Common Areas; if any; and
iii. the centre line of all interior walls separating the Leased Premises from adjoining
leasable premises.
The Rentable Area of the Leased Premises includes all interior space whether or not occupied
by projections, structures or columns, structural or non-structural, and if the store front is
recessed from the lease line, the area of such recess for all purposes lies within the Rentable
Area of the Leased Premises;
u) "Rules and Regulations" means the rules and regulations adopted and promulgated by the
Lessor from time to time acting reasonably, including those listed on Schedule "D";
v) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time
to time levied, assessed or imposed upon the City Market or any part thereof or upon the
Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall
also include any penalties, late payment or interest charges imposed by any municipality or
other taxing authority as a result of the Lessee's late payments of any taxes or instalments
thereof. For greater certainty "Taxes" shall exclude any penalties or interest incurred by the
Lessor as a result of its failure to pay Taxes in a timely manner, except Taxes shall include
any interest in respect of a deferral of payment in accordance with sound accounting
practices if permitted by statute or pursuant to an agreement with the taxing authority; and
(ii) income, profit or excess profits taxes of the Lessor; and
w) "Term" means the period referred to in Section 2.03.
ARTICLE II
GRANT, TERM AND INTENT
2.01 Leased Premises
In consideration of the rents, covenants and agreements hereinafter reserved and contained on the
part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the
Lessee leases from the Lessor, the Leased Premises. The Leased Premises are presently designated as Stalls
No. "16" & 9'17" as shown on Schedule "A" attached hereto and contain a Rentable Area of approximately
Fifteen Hundred and Eighty -Six (1586 ft') which is comprised of approximately Nine Hundred and
Thirty -Five (935 ft2) of leasable retail area, approximately Four Hundred and Ninety -Eight (498 ft') of
mezzanine area. Also included in the leasable area is One Hundred and Thirty -Three (133 ft' )
storage and approximately Twenty (20 ft2) of freezer area.
2.02 Use of Common Areas
The use and occupation by the Lessee of the Leased Premises shall entitle the Lessee to the use in
common with all others entitled thereto of the Common Areas, subject however, to the terms and
conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time
to time by the Landlord.
2.03 Term of Lease
TO HAVE AND TO HOLD the Leased Premises for and during the term of five (5) years to be
computed from January 26, 2021 and fully to be completed and ended on January 25, 2026 save as
hereinafter provided for earlier termination.
PROVIDED THAT if there is any Lessor's Work or Lessee's Work to be performed prior to the
Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a third party as
of the date of this Lease, the Commencement Date shall be the earlier of:
a) Ninety-five (95) days after the Lessor has delivered vacant possession of the Leased
Premises to the Lessee notwithstanding that the Lessor may still, during such ninety-five
(95) day period, be completing its work; or
b) the opening by the Lessee to the public of its business in the Leased Premises.
Notwithstanding any change in the Commencement Date calculated in accordance with the
preceding provisions hereof, the Terms shall expire on the date set for such expiry in the first paragraph of
this Section 2.03, subject always to earlier termination as provided for in this Lease.
PROVIDED THAT upon the Lessor or its Architect giving notice to the Lessee that the Leased
Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take
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721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
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possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its
inventory, at its own risk, for a period of ninety-five (95) days after receipt of such notice or until the
Lessee opens for business to the public in the Leased Premises, free of the payment of Gross Rent, and
Additional Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or
consumed in the Leased Premises during the period of such fixturing, and shall during the period from the
giving of such notice until the Commencement Date be a tenant in the Leased Premises subject to the same
covenants and agreements as are contained in this Lease, mutatis mutandis.
FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if
the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason,
including but not limited to the holding over or retention of possession of any other lessee or occupant, or
the lack of completion of any repairs, improvements or alterations required to be completed before the
Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall be
extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or
diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased
Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective
obligations hereunder be affected. However, if the Lessor does not give vacant possession of the Leased
Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option,
terminate this Lease by written notice to the Lessee and in such event this Lease shall be null and void and
of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or
deduction, and neither party shall have any further liability to the other.
Forthwith, upon the Commencement Date being determined in accordance with the foregoing, the
Lessee shall execute an acknowledgement of same on Lessor's usual form.
The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis, from the
end of the ninety-five (95) day rent-free period to the last day of the month in which the Commencement
Date occurs and thereafter all payments of Rent shall be made on the first day of each month throughout the
Term unless otherwise specified herein.
2.04 Option to Renew
The Lessee shall have the option to renew this Lease for a further one (1) term of five (5) years at
the then prevailing market rate by providing written notice of its intention to renew to the Lessor no later
than six (6) months prior to the expiration of the Initial Term. In the event that the Lessor and the Lessee do
not agree on the then prevailing market rate, such rate may be determined by a single arbitrator appointed
by the agreement between the Lessor and the lessee or pursuant to the Arbitration Act.
ARTICLE III
RENT AND DEPOSIT
3.01 Gross Rent
The Lessee shall pay annual Gross Rent to the average amount of Thirty Dollars and Seventy
Cents ($30.70) per square foot of leaseable retail area of the Leased Premises. The Gross Rent shall be
paid in equal monthly instalments, monthly in advance. According to the following schedule:
Year
Retail Space Rate
Mezzanine Area Rate
Storage Space Rate
Freezer Space Rate
Promo/Advertising Fund
1
$28.00
$5.31
$2.99
$19.99
6%
2
$28.00
$5.31
$2.99
$19.99
6%
3
$31.00
$5.31
$2.99
$19.99
6%
4
$32.50
$5.31
$2.99
$19.99
6%
5
$34.00
$5.31
$2.99
$19.99
6%
Retail Space
Mezzanine
Storage Space
Freezer Space
Promo/Advertising
Year
935
498
133
20
Year
Month
Year
Month
Year
Month
Year
Month
Year
Month
1
$26,180.00
$2,181.67
$2,644.38
$220.37
$397.67
$33.14
$399.80
$33.32
$1,570.80
$130.90
2
$26,180.00
$2,181.67
$2,644.38
$220.37
$397.67
$33.14
$399.80
$33.32
$1,570.80
$130.90
3
$28,985.00
$2,415.42
$2,644.38
$220.37
$397.67
$33.14
$399.80
$33.32
$1,739.10
$144.93
4
$30,387.50
$2,532.29
$2,644.38
$220.37
$397.67
$33.14
$399.80
$33.32
$1,823.25
$151.94
5
$31,790.00
$2,649.17
$2,644.38
$220.37
$397.67
$33.14
$399.80
$33.32
$1,907.40
$158.95
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Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
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There shall be no Additional Rent payable under this Agreement, save and except monies to be
paid under Article VI of this Lease.
3.02 Rent Past Due
If the Lessee fails to pay, when the same is due and payable, any Gross Rent, Additional Rent or
other amount payable by the Lessee under this Lease, such unpaid amounts shall bear interest from the due
date thereof to the date of payment, compounded monthly at the rate equal to four (4) percentage points in
excess of the Prime Rate.
3.03 Deposit
The Lessor acknowledges receipt of Zero Dollars ($0.00) which it will apply towards the
payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or part
of the amount retained for application towards the last month's Gross Rent as compensation for any loss or
damage arising from the breach by the Lessee of any provisions of this Lease. This right will not be
construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by
the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of
the deposit for the last month's Gross Rent as provided above, the Lessee will, upon notification by the
Lessor, pay to the Lessor the amount required to reimburse it for the amounts so applied. The Lessor will
not be required to pay interest to the Lessee on any of the amounts paid to the Lessor or retained by it under
this section. The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in the
City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further
liability with respect to the deposit. The Lessee will not assign or encumber its interest in the deposit
except in connection with a permitted Transfer, in which case the Lessee's interest in the deposit will be
deemed to have been assigned to the permitted Transferee as of the date of the Transfer.
3.04 Pre -Authorized Payments
The Lessee shall participate in a pre -authorized payment plan whereby the Lessor will be
authorized to debit the Lessee's bank account each month from time to time during each Lease Year in an
amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable,
generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis.
The Lessor shall sign a form of application which is the same or similar to Schedule "D-1", or as may be
required by the Lessee's bank, credit union or other financial institution.
ARTICLE IV
TAXES
4.01 Taxes Payable by the Lessor
The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market
or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the
Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with any statute,
law, by-law, regulation or ordinance in connection with the levying of any such Taxes in each case to the
fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Taxes.
4.02 Taxes Payable by Lessee
a) The Lessee shall during the Term pay, without any deduction, abatement or set-off
whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises;
b) In the case of assessments for local improvements or betterments which are assessed or
imposed during the term and which may by law be payable in instalments, the Lessee shall
only be obligated to pay such instalments as same fall due during the Term, together with
interest on deferred payments;
c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the
Lessee to keep any covenant contained in this Article, the certificate or receipt of the
department, officer or bureau charged with collection of the Taxes, showing that the tax,
assessment or other charge affecting the Leased Premises is due and payable or has been
paid, shall be prima facia evidence that such tax, assessment or other charge was due and
payable as a lien or charge against the Leased Premises or that it has been paid as such by the
Lessor;
d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by
legal proceedings or in such manner as the Lessee in its opinion shall deem advisable (which
proceedings or other steps taken by the Lessee shall be conducted diligently at its own
expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed
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Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
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upon or against the Leased Premises or Taxes in lieu thereof required to be paid by the
Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations to pay the
Taxes as herein provided pending the contest, but if by law it is necessary that such payment
be suspended to preserve or perfect the Lessee's contest, then the contest shall not be
undertaken without there being first deposited with the Lessor a sum of money equal to twice
the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an
indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be
imposed upon the Lessor or the Leased Premises. Any costs associated with an appeal
undertaken by the Lessor, the Lessee shall pay their proportionate share of such costs;
e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills for
Taxes which bills after inspection by the Lessor shall be returned to the Lessee.
4.03 HST Payable by Lessee
The Lessee shall pay to the Lessor all HST on Rent and any other HST imposed by the applicable
legislation on the Lessor or Lessee with respect to this Lease, in the manner and at the times required by the
applicable legislation. Such amounts are not consideration for the rental of space or the provision by the
Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the
same remedies for and rights of recovery of such amounts as it has for recovery of Rent under this Lease.
If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as
consideration for a modification of this Lease, and the applicable legislation deems a part of the deposit or
amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that
the Lessor will receive the full amount of the forfeited deposit or other amount payable without
encroachment by any deemed HST portion.
4.04 Business Taxes and Other Taxes of Lessee
The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable:
a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or
assessed against or in respect of all improvements, equipment and facilities of the Lessee on
or in the Leased Premises; and
b) every tax and license fee which is levied, rated, charged or assessed against or in respect of
any business carried on in the Leased Premises or in respect of the use or occupancy thereof
whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or
assessed by any federal, provincial, municipal or other body.
ARTICLE V
UTILITIES
5.01 Utilities
The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event
that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's
proportionate share of any utility consumed.
ARTICLE VI
MERCHANTS' ASSOCIATION
6.01 Merchants' Association
If and when an association or corporation of merchants or lessees (the "Association") is formed
comprising tenants of the City Market, the Lessee shall forthwith become a member of such Association or
if such an Association has already been formed, the Lessee shall forthwith become a member thereof and
the Lessee shall retain its membership in such Association during the entire Term and shall abide by all
rules, regulations, by-laws, decisions, directions, dues and assessments of the Association. Such
Association shall in no way affect the rights of the Lessor and any by-laws, rules and regulations of such
Association shall at all times be subject to the prior approval of the Lessor.
6.02 Promotion Fund
The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in
twelve (12) monthly instalments each instalment payable on the 1 It
day of each month during the Term.
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721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
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ARTICLE VII
CONDUCT OF BUSINESS BY TENANT
7.01 Use of Leased Premises
The Leased Premises shall be used continuously, actively and diligently for the sole purpose of selling
made -to -order hot and cold food items, catering, fresh and frozen baked goods, soups, ice cream and
ice cream products, fresh pasta, pre -packaged salads and sandwiches, take home meals, take home
meal kits, juices, maple syrup and maple products, Maritime produced gifts and products, coffee and
locally produced/branded coffee beans.
a) The Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof
for any other business or purpose. In connection with the business to be conducted by the
Lessee on the Leased Premises, the Lessee shall only use the advertised name "Slocum &
Ferris" and will not change the advertised name of the business to be operated in the Leased
Premises without the prior written consent of the Lessor.
The Lessee shall not introduce new product lines, or offer new services to its customers
without first obtaining the written consent of the Lessor. The Lessee acknowledges that it
would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee
of such product line or service would compete with the business of other tenants in the City
Market or infringe on exclusive covenants granted by the Lessor.
Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this
Lease shall: (i) confer upon the Lessee the exclusive right to sell or provide in the City
Market any of the products or services permitted to be sold or provided from the Leased
Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other
premises in the City Market to any other tenant(s) carrying on a business which is similar in
whole or in part to the business permitted to be carried on from the Leased Premises pursuant
to this Section 7.01.
b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the
regular conduct of business therein are of utmost importance to neighbouring tenants and to
the Lessor in the renting of space in the City Market, the renewal of other leases therein, the
efficient and economic supply of services and utilities, and in the character and quality of
other tenants in the City Market. The Lessee therefore covenants and agrees that throughout
the Term it will occupy the entire Leased Premises, comply strictly with the provisions of
Section 7.01 and not vacate or abandon the Leased Premises at any time during the Term.
The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and
that the same is a material element inducing the Lessor to execute this Lease. The Lessee
further agrees that if it vacates or abandons the Leased Premises or fails to so conduct its
business therein, or uses or permits or suffers the use of the Leased Premises for any purpose
not specifically herein authorized and allowed, the Lessee will be in breach of the Lessee's
obligations under the Lease, and then, without constituting a waiver of the Lessee's
obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease
will immediately become due and payable to the Lessor unless guaranteed to the satisfaction
of the Lessor. The Lessor will have the right, without prejudice to any other rights which it
may have under this Lease or at law, to obtain an injunction requiring the Lessee to comply
with the provisions of this Section 7.01 (b).
7.02 Conduct and Operation of Business
The Lessee shall occupy the Leased Premises from and after the Commencement Date and
thereafter shall conduct continuously and actively the business set out in Section 7.01, in the whole of the
Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall:
a) operate its business with due diligence and efficiency and maintain an adequate staff to
properly serve all customers; own, install and keep in good order and condition free from
liens or rights of third parties, fixtures and equipment of first class quality; and carry at all
times such stock of goods and merchandise of such size, character and quality as will
produce the maximum volume of sales from the Leased Premises consistent with good
business practices;
b) conduct its business in the Leased Premises during such hours and on such days as the Lessor
from time to time requires or permits and at no other time. However, the Lessee is not
required or permitted to carry on its business during any period prohibited by any law
regulating the hours of business. If the Lessee fails to open during the days and/or hours
required by the Lessor, then in addition to all other amounts of Rent payable under this Lease
the Lessee shall pay as Additional Rent to the Lessor upon demand as liquidated damages
:1
Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
- Page 8 -
and not as a penalty, an amount equal to two hundred fifty dollars ($250.00) per day for each
and every day that the Lessee is in default. When not open for business the security of the
Leased Premises is the sole responsibility of the Lessee;
c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and
keep the display windows and signs (if any) in the Leased Premises well -lit during the hours
the Lessor designates from time to time, acting reasonably;
d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale from
the Leased Premises, and not use any portion of the Leased Premises for office, clerical or
other non -selling purposes except minor parts reasonably required for the Lessee's business
in the Leased Premises;
e) abide by all rules and regulations and general policies formulated by the Lessor, acting
reasonably, from time to time relating to the delivery of goods to the Leased Premises;
f) not allow or cause to be committed any waste upon or damage to the Leased Premises or any
nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the
City Market or which unreasonably disturbs or interferes with or annoys any third party, or
which may damage the City Market;
g) not allow or cause to be done any act in or about the Common Areas or the City Market
which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's flow
of traffic in any way, obstructs the free movement or parties doing business in the City
Market;
h) not allow or cause business to be solicited in any part of the City Market other than the
Leased Premises, nor display any merchandise outside the Leased Premises at any time
without the prior written consent of the Lessor;
i) use the name designated for the City Market by the Lessor from time to time and all insignia
or other identifying names and marks designated by the Lessor in connection with the
advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing
the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's
request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may
acquire by operation of law and will promptly execute any documents required by the Lessor
to give effect to this subparagraph (i);
j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on the
roof of any building forming part of the City Market or on any exterior walls of the Leased
Premises or in any of the Common Areas. Any such installation shall be subject to removal
by the Lessor without notice at any time and such removal shall be done and all damage as a
result thereof shall be made good, in each case, at the cost of the Lessee, payable as
Additional Rent on demand;
k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph,
radio or other audiovisual or mechanical devices in a manner so that they can be heard or
seen outside of the Leased Premises without the prior written consent of the Lessor. If the
Lessee uses any such equipment without receiving the prior written consent of the Lessor, the
Lessor shall be entitled to remove such equipment without notice at any time and such
removal shall be done and all damage as a result thereof shall be made good, in each case, at
the cost of the Lessee, payable as Additional Rent on demand;
1) not install or allow in the Leased Premises any equipment which will exceed or overload the
capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which
the Lessor has not approved. If the Lessee requires additional utility, electrical or mechanical
facilities, the Lessor may in its sole discretion if they are available elect to install them at the
Lessee's expense and in accordance with plans and specifications to be approved in advance
in writing by the Lessor;
m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason
of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the
Leased Premises or overload the floors of the Leased Premises. Any such machinery,
equipment, article or thing shall be subject to removal by the Lessor without notice at any
time and such removal shall be done and all damages as a result thereof shall be made good,
in each case, at the cost of the Lessee, payable as Additional Rent on demand; and
n) observe and comply with all federal, provincial or municipal laws pertaining to or affecting
the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business
in the Leased Premises, or the making of any repairs, replacements, alterations, additions,
changes, substitutions or improvements of or to the Leased Premises, and the regulations of
Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
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any insurance underwriters in respect of the insurance maintained by the Lessor in respect of
the City Market, and carry out all modifications to the Leased Premises and the Lessee's
conduct of business or in use of the Leased Premises which may be required by any such
authorities.
7.03 Prohibited Activities
a) The Lessee acknowledges that it is only one of many tenants in the City Market and that
therefore the Lessee shall conduct its business in the Leased Premises in a manner consistent
with the best interests of the City Market as a whole; and
b) The Lessor shall have the right to cause the Lessee to discontinue and the Lessee shall
thereupon forthwith discontinue the sale of any item, merchandise, commodity or the supply
of any service or the carrying on of any business, any of which is either prohibited by this
Section 7.03 or which the Lessor, acting reasonably, determines is not directly related to the
business set out in Section 7.01. The Lessee will not allow or cause the use of any part of the
Leased Premises for any of the following businesses or activities:
the sale of secondhand goods or surplus articles, insurance salvage stock, fire sale
stock or bankruptcy stock;
ii. the sale of goods, except as may be specifically permitted by the provisions of Section
7.01;
iii. an auction, bulk sale (other than a bulk sale made to an assignee or sublessee pursuant
to a permitted assignment or subletting hereunder), liquidation sale, "going out of
business" or bankruptcy sale, or warehouse sale;
iv. any advertising or selling procedures which would, or any sale or business conduct or
practice which would, because of the merchandising methods or quality of operation
likely to be used, in either case in the Lessor's opinion, tend to lower the character of
the City Market or harm or tend to harm the business or reputation of the Lessor or
reflect unfavourably on the City Market, the Lessor or other tenants in the City Market
or tend to confuse, deceive, mislead or be fraudulent to the public; or
a mail order business save and except for dulse and maple products or a department
store, junior department store or variety store.
7.04 Hazardous Substances
The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a
manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture,
refine, treat, transport, store, handle, dispose of, transfer, produce or process any Hazardous Substance,
except in strict compliance with all applicable federal, provincial and municipal statutes, by-laws and
regulations, including, without limitation, environmental, land use and occupational and health and safety
laws, regulations, requirements, permits, statutes, by-laws and regulations. Further the Lessee hereby
covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law
responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or
contributed to by any Hazardous Substances which are at any time located, stored or incorporated in any
part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives
shall have the right at the Lessee's expense, payable as Additional Rent within fifteen (15) days of receipt
of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem
necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant
to this Section 7.04 shall survive the expiration or earlier termination of the Term.
ARTICLE VIII
FIXTURES, ALTERATIONS AND REPAIRS AND
LESSOR'S CONTROL OF CITY MARKET
8.01 Installations by the Lessee
All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be
new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or
install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting,
plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the
Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in
form, content and such detail as the Lessor may reasonably require for such work at the time approval is
sought. The Lessee covenants that any work that may be done in respect of the Leased Premises by or on
Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
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behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done
or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall
arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and
inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything
herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural
nature or that would lessen the value or Rentable Area of the Leased Premises or the City Market, or would
interfere with the usage of the Common Areas.
All alterations, decorations, additions and improvements made by the Lessee or made by the
Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or
affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor
shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or
improvements. Such alterations, decorations, additions and improvements shall not be removed from the
Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the
Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shall remove
all such alterations, decorations, additions and improvements and restore the Leased Premises as required
by the Lessor.
8.02 Maintenance and Repair by the Lessee
The Lessee will at all times keep the Leased Premises (including exterior entrances and all glass
and show windows) and all partitions, doors, fixtures, equipment and appurtenances thereof (including
lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition
and repair (including periodic painting or redecorating and preventative maintenance as determined by the
Lessor and including such repairs or replacements as are required to keep the Leased Premises in good
repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality
and class equal to the original work or installations.
8.03 Signs, Awnings, Canopies
The Lessee will not place or suffer to be placed or maintained on any exterior door, wall or
window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any
kind, and will not place or maintain any decoration, lettering or advertising matter on the glass of any
window or door of the Leased Premises without first obtaining the Lessor's written approval and consent.
The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter
or other thing as may be approved in good condition and repair at all times, and in addition to the
foregoing, the Lessee shall maintain any signs or displays of its goods or wares which may be seen from
the exterior of the Leased Premises in a manner which is in keeping with the character of the City Market
of which the Leased Premises form a part and which is designed to enhance the business of the Lessee.
8.04 Surrender of Leased Premises
Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair, reasonable
wear and tear only excepted. Without limiting the generality of the foregoing, at the expiration or earlier
termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the Leased
Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only
excepted, and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for
the payment of Rent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in
the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, such fixtures and
personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or
otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account
therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or
earlier termination of the Term of this Lease.
8.05 Lessee to Discharge all Liens
The Lessee will ensure that no construction or other lien or charge, or notice thereof, is registered
or filed against:
a) the City Market or any part of it; or
b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the
Leased Premises.
by any person claiming by, through, under or against the Lessee or its contractors or
subcontractors. If such a lien or charge or notice thereof is registered or filed and the Lessee fails to
discharge it within five (5) days after written notice from the Lessor, the Lessor may discharge it by paying
the amount claimed to be due into court or directly to the claimant and the Lessee will pay to the Lessor as
Additional Rent on demand all costs (including legal fees) incurred by the Lessor in connection therewith,
together with an administrative overhead charge of fifteen percent (15%) thereon.
Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
-Page I -
8.06 Rules and Regulations
The Lessee will comply with the Rules and Regulations. The Lessor reserves the right from time
to time to amend or supplement the Rules and Regulations. Notice of such amendments and supplements,
if any, shall be given to the Lessee, and the Lessee agrees thereupon to comply with and observe all such
amendments and supplements, provided that no Rule or Regulation shall contradict any provision of this
Lease. The Lessor shall not be responsible to the Lessee for non -observance or violation of any of the
provisions of such Rules and Regulations by any other tenant of the City Market or of the terms of any
other lease of premises in the City Market and the Lessor shall be under no obligation to enforce any such
provisions. All Rules and Regulations shall be enforced against the Lessee in a non-discriminatory manner.
8.07 Maintenance and Repair by the Lessor
The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be
maintained and repaired, the structure of the City Market, including without limitation, the foundations,
exterior weather walls, subfloor, roof, bearing walls and structural columns and beams of the City Market.
If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the
Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its
employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or
subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such
maintenance or repairs, together with an administrative fee of fifteen percent (15%) of such costs.
8.08 Control of City Market by Lessor
The City Market and the Common Areas are at all times subject to the exclusive control and
management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its
control, management and operation of the City Market and by the establishment of rules and regulations
and general policies with respect to the operation of the City Market or any part thereof at all times
throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air
conditioning systems; provide supervision and policing services for the City Market; close all or any
portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient
to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify
and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the
City Market; obstruct or close off all or any part of the City Market for the purpose of maintenance, repair
or construction, employ all personnel, including supervisory personnel and managers necessary for the
operation, maintenance and control of the City Market; use any part of the Common Areas from time to
time for merchandising, display, decorations, entertainment and structures designed for retail selling or
special features or promotional activities; designate the areas and entrances and the times in, through and at
which loading and unloading of goods shall be carried out; control, supervise and generally regulate the
delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other
portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in
the manner and the times and places at which same is to be placed for collection (if the Lessor for the more
efficient and proper operation of the City Market provides or designates a commercial service for the
pickup and disposal of refuse and garbage instead of or in addition to the service provided by the
municipality, the Lessee shall use same at the Lessee's cost); from time to time change the area, level,
location, arrangement or use of the City Market or any part thereof, construct other buildings or
improvements in the City Market and make changes to any part thereof, construct other buildings or
improvements in the City Market and make changes to any part of the City Market; and do and perform
such other acts in and to the City Market as in the use of good business judgment the Lessor determines to
be advisable for the more efficient and proper operation of the City Market.
Notwithstanding anything to the contrary, if as a result of the exercise by the Lessor of any of its
rights as set out in this Section 8.08, the Common Areas are diminished or altered in any manner
whatsoever, the Lessor is not subject to any liability nor is the Lessee entitled to any compensation or
diminution or abatement of Rent nor is any alteration or diminution of the Common Areas deemed
constructive or actual eviction, or a breach of any covenant for quiet enjoyment contained in this Lease.
8.09 Lessor's Right to Enter Leased Premises
a) It is not a re-entry or a breach of quiet enjoyment if the Lessor or its authorized
representatives enter the Leased Premises at reasonable times to:
i. examine them;
ii. make permitted or required repairs, alterations, improvements or additions to the
Leased Premises (including the pipes, conduits, wiring, ducts, columns and other
installations in the Leased Premises) or the City Market or adjacent property; or
iii. excavate land adjacent or subjacent to the Leased Premises; in each case (to the extent
reasonably possible in the circumstances) without unreasonably interfering with the
Lessee's business operations in the Leased Premises, and the Lessor may take material
ON
Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
- Page 12 -
into and on the Leased Premises for those purposes. Rent will not abate or be reduced
while the repairs, alterations, improvements or additions are being made. The Lessor
will take reasonable steps to minimize any interruption of business resulting from any
entry.
b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective
purchasers and during the six (6) months prior to the expiration of the term of this Lease, the
Lessor may exhibit the Leased Premises to prospective tenants and place upon the Leased
Premises the usual notice "To Let" which notice the Lessee shall permit to remain where
placed without molestation;
c) If the Lessee shall not be personally present to open and permit an entry into the Leased
Premises, at any time, when for any reason an entry therein shall be necessary or permissible,
the Lessor or the Lessor's agents may enter the same by a master key, or may forcibly enter
the same, without rendering the Lessor or such agents liable therefor, and without in any
manner affecting the obligations and covenants of this Lease;
d) Nothing in this Section contained, however, shall be deemed or construed to impose upon the
Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or
repair of the City Market or any part thereof, except as otherwise in this Lease specifically
provided.
ARTICLE IX
INSURANCE AND INDEMNITY
9.01 Lessee's Insurance
a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full
force and effect the following insurance:
i. All-risk insurance upon property owned by the Lessee or for which the Lessee is
legally liable (including, signs and plate glass) and which is located within the City
Market in an amount of not less than the full replacement cost thereof,
ii. Comprehensive General Liability with minimum limits of at least Five Million Dollars
($5,000,000.00) or such higher limits as the Lessor may reasonably require from time
to time. This policy shall include:
a) The City added as an Additional Insured;
b) Inclusive limits for bodily injury and property damage;
c) Personal injury liability;
d) Tenant's Legal Liability;
e) Contractual Liability with respect to this Lease;
f) Premises, Property and Operations;
g) Completed Operations;
h) A Cross Liability Clause;
i) A Thirty (30) days written notice of Cancellation shall be given to the City of
Saint John.
iii. The Lessee shall also provide any other form of insurance as the Lessee or the Lessor
may reasonably require from time to time in form, in amounts and for insurance risks
against which a prudent tenant would insure.
b) All policies shall be taken out with reputable and recognized insurers acceptable to the
Lessor and shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees
that certificates of insurance of each such insurance policy will be delivered to the Lessor as
soon as practicable after the placing of the required insurance. All policies shall contain an
undertaking by the insurers to notify the Lessor in writing not less than thirty (30) days prior
to any material change, cancellation or termination thereof,
Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
- Page 13 -
c) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance
referred to in this Section 9.01, or should any such insurance not be approved by the Lessor
and should the Lessee not rectify the situation immediately after written notice by the Lessor
to the Lessee, the Lessor has the right without assuming any obligation in connection
therewith to effect such insurance at the sole cost of the Lessee and all outlays by the Lessor
shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to
any other rights and remedies of the Lessor under this Lease.
9.02 Increase in Insurance Premium
The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any
increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above
the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. If the Lessee is
in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any insurance
policies taken out or maintained by the Lessor, or if any insurance policy upon the Leased Premises or the
City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the
use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the
Lessee shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the
Lessor, and if the Lessee shall fail to do so within twenty-four (24) hours of such written request, the
Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the
Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the
Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at its
option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention
to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall
be apportioned and paid in full to the date of such determination of the Lease, and together with an amount
equal to the Gross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall
immediately deliver up possession of the Leased Premises, a schedule issued by the organization making
the insurance rate on the Leased Premises, showing the various components of such rate, shall be
conclusive evidence of the several items and charges which make the fire insurance rate of the Leased
Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as
the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount
thereof shall be deemed to be and be paid as Additional Rent.
9.03 Loss or Damage
The Lessor shall not be liable for any death or injury arising from or out of any occurrence in,
upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the
Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or
others from any cause whatsoever, except any such death, injury, loss or damage results from the
negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law
responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury
or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity,
water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances,
plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other
tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused
by construction or by any private, public or quasi -public work. All property of the Lessee kept or stored on
the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify
the Lessor and save it harmless from any claims arising out of any damages to the same, including, without
limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any
injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to
the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or
corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply
of any utilities to the Leased Premises.
9.04 Indemnification of the Lessor
The Lessee will indemnify the Lessor, and save harmless from and against any and all claims,
actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to
property arising from or out of any occurrence in, upon or at the Leased premises, the occupancy or use by
the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or
omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or
invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by
or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses
and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with
such litigation.
ARTICLE X
DAMAGE, DESTRUCTION AND EXPROPRIATION
M.I.
Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
- Page 14 -
10.01 Total or Partial Destruction of Leased Premises
If, during the Term, the Leased Premises are expropriated or totally or partially destroyed or
damaged by any cause in respect of which the Lessor is insured, the following provisions shall have effect:
a) If the Leased Premises are rendered partially unfit for occupancy by the Lessee, Gross Rent
only shall abate in part only, in the proportion that the part of the Leased Premises rendered
unfit for occupancy by the Lessee bears to the whole of the Leased Premises or if the Leased
Premises are rendered wholly unfit for occupancy by the Lessee the Rent hereby reserved
shall be suspended in either event until the day following a reasonable period (taking into
account the extent of the Lessee's restoration) following completion of the Lessor's
restoration;
b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of
the Architect shall be incapable of being rebuilt and/or repaired or restored with reasonable
diligence within 180 days of the happening of such destruction or damage, then the Lessor
may at its option terminate this Lease by notice in writing to the Lessee given within thirty
(30) days of the date of such destruction or damage and in the event of such notice being so
given this Lease shall cease and become null and void from the date of such destruction or
damage and the Lessee shall immediately surrender the Leased Premises and all interest
therein to the Lessor and the Rent shall be apportioned and shall be payable by the Lessee
only to the date of such destruction or damage and the Lessor may re-enter and repossess the
Leased Premises discharged of this Lease;
If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of
the happening of such damage or destruction or if within the period of thirty (30) days referred to in Section
10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable
promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's
repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the
Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's
restoration) complete the restoration of the Leased Premises.
The certificate of the Architect shall bind the parties as to the (i) extent to which the Leased
Premises are unfit for occupancy; (ii) time required to rebuild and/or repair or restore the Leased Premises;
and (iii) due completion of repairs.
10.02 Total or Partial Destruction of City Market
In the event that a substantial portion of the City Market shall be expropriated or damaged or
destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring
or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor,
notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right,
to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said
occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the
Term of this Lease shall expire upon the third (31) day after such notice is given, and the Lessee shall
vacate the Leased Premises and surrender the same to the Lessor.
10.03 Abatement of Rent
Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X
shall be limited to an amount equal to the amount which the Lessor collects under any rental income
insurance.
10.04 Expropriation Awards
The Lessor and the Lessee will co-operate with each other if there is an expropriation of all or part
of the Leased Premises or the City Market, so that each may receive the maximum award that it is entitled
to at law. To the extent, however, that a part of the City Market, other than the Leased Premises, is
expropriated, the full proceeds that are paid or awarded as a result, will belong solely to the Lessor, and the
Lessee will assign to the Lessor any rights that it may have or acquire in respect of the proceedings or
awards and will execute the documents that the Lessor reasonably requires in order to give effect to this
intention.
ARTICLE XI
STATUS STATEMENT, SUBORDINATION AND ATTORNMENT
11.01 Status Statement
Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
- Page 15 -
Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status
statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the
commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any
prepaid Rent or deposits held by the Lessor, whether there is any existing default and the particulars, and
any other information required by the party requesting it.
11.02 Power of Attorney
The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power
and authority to execute and deliver in the name of the Lessee any instruments or certificates required to
carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen
(15) days after the date of a written request by the Lessor to execute such instruments.
ARTICLE XII
TRANSFERS BY LESSEE
12.01 Transfer Defined
"Transfer" means, (i) an assignment, sale, conveyance, sublease, or other disposition of this Lease
or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or
otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture
(floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of
any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under
this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a
transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by
subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that term is defined on
the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change
in the effective voting control of the Lessee. "Transferor" and "Transferee" have meanings corresponding
to the definition of "Transfer" set out above, (it being understood that for a Transfer described in clause (iv)
the Transferor is the person that has effective voting control before the Transfer and the Transferee is the
person that has effective voting control after the Transfer).
12.02 Consent Required
The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in
each instance which consent may not be unreasonably withheld. Notwithstanding any statutory provisions
to the contrary, Lessor's consent shall not be deemed to have been unreasonably withheld where Lessor
refuses consent to a Transfer within twenty-four (24) months of either the Commencement Date or a
previous Transfer. Without limiting the generality of the foregoing, no Transfer shall be effective, and no
consent shall be given unless the following provisions have been complied with:
a) There is no default of the obligations of the Lessee under this Lease;
b) The Lessee shall have given at least thirty (30) days' prior written notice of the proposed
Transfer and the effective date thereof to the Lessor;
c) A duplicate original of the documents affecting the Transfer shall be given to the Lessor
within thirty (30) days after the execution and delivery thereof,
d) The Transferee, except in the case of a Transfer described in Section 12.01(iv), shall have
assumed in writing with the Lessor the due and punctual performance and observance of all
the agreements, provisions, covenants and conditions hereof on the Lessee's part to be
performed or observed from and after the effective date of the Transfer.
The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any
Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the
Lessor, the financial background, business history and the capability of the proposed Transferee in the
Lessee's line of business, and the nature of the business practices of the proposed Transferee. The consent
by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any
subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the Transferee, and apply
the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the
requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or
any Indemnifier from the further performance by the Lessee of covenants on the part of the Lessee herein
contained. Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall
not be released from performing any of the obligations of the Lessee under this Lease.
Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the
Lessor or its solicitors, and any and all legal costs and the Lessor's then -standard fee with respect thereto or
::
Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
- Page 16 -
to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand
as Additional Rent.
12.03 No Advertising of Leased Premises
The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the
effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of
the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the
foregoing, unless the complete text and format of any such notice, advertisement or offer is first approved
in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any text or
format on other grounds, any text or format proposed by the Lessee shall not contain any reference to the
rental rate of the Leased Premises.
ARTICLE XIII
DEFAULT OF LESSEE
13.01 Right to Re -Enter
When
a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not
and such default shall continue for a period of five (5) consecutive days; or
b) the Lessee shall be in default of any of its covenants, obligations or agreements under this
Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such
default shall continue for a period of fifteen (15) consecutive days or such longer or shorter
period as the Lessor, acting reasonably, determines after five (5) days written notice by the
Lessor to the Lessee specifying with reasonable particularity the nature of such default and
requiring the same to be remedied;
then and in any of such cases the then current month's Rent, together with the Rent for the three
(3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the
Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process
whatsoever forthwith re-enter upon the Leased Premises or any part thereof in the name of the whole and
repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary
notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the
Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants,
obligations or agreements under this Lease or any term or condition of this Lease and provided further that
notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss
of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall
have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds
thereof to Rent due under the Lease.
13.02 Right to Re -let
Should the Lessor elect to re-enter, as herein provided, or should it take possession pursuant to
legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may
from time to time without terminating this Lease, make such alterations and repairs as may be necessary in
order to re -let the Leased Premises, and re -let the Leased Premises or any part thereof as agent for the
Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at
such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may
deem advisable; upon each re -letting all rentals received by the Lessor from such re -letting shall be applied;
first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor;
second, to the repayment of any reasonable costs and expenses of such re -letting, including brokerage fees
and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the
same may become due and payable hereunder. If such Rent received from such re -letting during any
month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such
deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re-entry or taking
possession of the Leased Premises by the Lessor shall be construed as an election on its part to terminate
this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof
be decreed by a court of competent jurisdiction. Notwithstanding any such re -letting without termination,
the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the
Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it
may recover from the Lessee all damages it may incur by reason of such breach, including the cost of
recovering the Leased Premises, and including the worth at the time of such termination of the excess, if
any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the
Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term
hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In
determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual
:•
Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
- Page 17 -
Rent for each year of the unexpired Term shall be equal to the greater of. (a) the average annual Gross
Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or
during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable
hereunder, together with all Additional Rent which would have been payable during the calendar year in
which this Lease was terminated, prorated over a full calendar year, if required.
13.03 Legal Expenses
In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of
Rent or any other amount due under the provisions of this Lease, or because of the breach of any other
covenant herein contained on the part of the Lessee to be kept or performed and a breach shall be
established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable
solicitors' and counsel fees on a solicitor and his client basis.
13.04 Bankruptcy
The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on
the Leased Premises shall be at any time during the Term seized or taken in execution or attachment by any
creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets
or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk
sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for
bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the
Leased Premises shall without the written consent of the Lessor become and remain vacant for a period of
fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of
this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt to abandon
the Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or any of
them from the Leased Premises so that there would not in the event of such abandonment, sale or disposal
be sufficient goods on the Leased Premises subject to distress to satisfy the Rent above due or accruing due,
then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent
shall immediately become due and be paid and the Lessor may re-enter and take possession of the Leased
premises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises
were holding over after the expiration of the Term and the Term shall, at the option of the Lessor,
immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and
determined, and in every one of the cases above such accelerated Rent shall be recoverable by the Lessor in
the same manner as the Rent hereby reserved and if Rent were in arrears and the said option shall be
deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein.
13.05 Lessor May Perform Lessee's Covenants
If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this
Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such
covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of
the Leased Premises or any part thereof as the Lessor may consider requisite or necessary.
All expenses incurred and expenditures made by or on behalf of the Lessor under this Section,
together with an administrative fee equal to fifteen (15%) percent thereon, shall be forthwith paid by the
Lessee to the Lessor on demand as Additional Rent.
13.06 Waiver of Exemptions from Distress
Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the
inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress;
and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night,
method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful
where the Lessee owes arrears of Rent at the time of the distress.
13.07 Remedies Cumulative
No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or
preclude the Lessor from exercising or invoking any other remedy in respect thereof, whether allowed at
law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other
such remedy, but the Lessor may from time to time exercise any one or more of such remedies
independently or in combination.
ARTICLE XIV
MISCELLANEOUS
14.01 Overholding
Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
- Page 18 -
If the Lessee remains in possession of the Leased Premises after the end of the Term and without
the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Term hereby
granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from month to
month at monthly rent payable in advance on the first day of each month equal to the sum of
a) one and one half (1 ''/z) times the Gross Rent payable during the last month of the Term; and
b) one -twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately
preceding the last Lease Year of the Term;
and otherwise upon the same terms and conditions as are set forth in this Lease, except as to
duration of Term, and any right of renewal mutatis mutandis.
14.02 Successors
This Lease applies to the successors and assigns of the Lessor and, if Article XII is complied with,
the heirs, executors, administrators and permitted successors and permitted assigns of the Lessee. If there
is more than one party named as Lessee, they are jointly and severally liable under this Lease.
14.03 Waiver
Failure by the Lessor to require performance of any term, covenant or condition herein contained
shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the
same or of any other term, covenant or condition herein contained. The subsequent acceptance of Rent
hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee of any
term, covenant or condition of this Lease, other than the failure of the Lessee to pay the particular rent so
accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such
Rent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor,
unless such waiver be in writing by the Lessor.
14.04 Accord and Satisfaction
No payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly Rent
herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any
endorsement or statement or any cheque or any letter accompanying any cheque or payment as Rent be
deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to
the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided.
14.05 Entire Agreement
This Lease sets forth all the covenants, promises, agreements, conditions and understandings
between the Lessor and the Lessee concerning the Leased Premises and there are no covenants, promises,
agreements, conditions or representations, either oral or written, between them other than are herein and in
the said schedules and rider, if any, set forth. Except as herein otherwise provided, no subsequent
alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee
unless reduced to writing and signed by them.
14.06 No Partnership
The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct
of its business, or otherwise or joint venture or a member of a joint enterprise with the Lessee.
14.07 Force Majeure
In the event that either party hereto shall be delayed or hindered in or prevented from the
performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to
procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or
other reason of a like nature not the fault of the party delayed in performing work or doing acts required
under the terms of this Lease, then performance of such act shall be excused for the period of the delay and
the period for the performance of any such act shall be extended for a period equivalent to the period of
such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not
operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other
payments required by the terms of this Lease, nor entitle the Lessee to compensation for any
inconvenience, nuisance or discomfort thereby occasioned.
14.08 Notices
Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be
sufficiently given if delivered personally to the City Clerk, or if transmitted by telecopier or if mailed in
Canada, registered and postage prepaid, addressed to the Lessor at: C/O The City Clerk, The City of Saint
John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1, with a copy to Facility
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Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
- Page 19 -
Management Division, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New
Brunswick, E2L 4L1, and any notice herein provided or permitted to be given by the Lessor to the Lessee
shall be sufficiently given if delivered personally to the party being given such notice or to a responsible
employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada,
registered and postage prepaid, addressed to the Lessee at 24 School Avenue, Rothesay, NB, E2E 1Z6.
Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which
such notice is delivered or transmitted or on the third day that there is postal delivery following the day on
which such notice is mailed, as the case may be. Either party may at any time give notice in writing to the
other of any change of address of the party given such notice and from and after the giving of such notice
the address therein specified shall be deemed to include any request, statement or other writing in this
Lease provided or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there
is more than one party named as Lessee, notice to one shall be deemed sufficient as notice to all.
14.09 Place for Payment of Rent
The Lessee shall pay the Rent. Including all Additional Rent, at the office of the Lessor specified
in Section 14.08 or as such place or places as the Lessor may designate from time to time by notice in
writing: currently to the Cashier's Office, City Hall, P. O. Box 1971, 15 Market Square, Saint John, New
Brunswick, E2L 4LL
14.10 Approval in Writing
Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must
approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given
in writing by the Lessor before same and shall be deemed to be effective.
14.11 Governing Law
The Lease is to be governed by and construed according to the laws of the Province of New
Brunswick.
14.12 Captions and Section Numbers
The captions, section numbers and article numbers appearing in this Lease are inserted only as a
matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections
or articles or of this Lease, nor in any way affect this Lease.
14.13 Partial Invalidity
If any term, covenant or condition of this Lease or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the
application of such term, covenant or condition to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this
Lease shall be separately valid and enforceable to the fullest extent permitted by law.
14.14 No Option
The submission of this Lease for examination does not constitute a reservation of or option for the
Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereof by
the Lessor and the Lessee.
14.15 Time To Be of the Essence
Time shall be of the essence of this Lease.
14.16 Quiet Enjoyment
The Lessor covenants with the Lessee for quiet enjoyment.
14.17 Riders and Schedules
Schedules attached hereto form part of this Lease.
14.18 Basement Storage Space
Where the Leased Premises includes any area of basement storage space, notwithstanding any
provision herein contained, the Lessee acknowledges and agrees that water and sewer lines are located
within the basement area of the Leased Premises and that there is a possibility that water and/or sewage
may escape from the lines as a result of breakage, blockage, overflow or other cause, and may cause
damage to anything stored in the basement area of the Leased Premises. The Lessee acknowledges and
agrees that if it chooses to store anything, whether belonging to it or to others, in the basement area of the
92
Lease for Stall Space — City Market
721360 N.B. Ltd.
dba Slocum & Ferris
Schedule "C"
- Page 20 -
Leased Premises, it does so at its own risk and the Lessee hereby releases and indemnifies and saves
harmless the Lessor from and against any and all manner of actions, suits, damages, loss, costs, claims and
demands of any nature whatsoever relating to or arising out of breakage, blockage, overflow or other
problem of the water or sewage lines.
93
SCHEDULE "D"
RULES AND REGULATIONS
1. All loading and unloading of goods shall be done only at such times, in the areas, and through the
entrances, designated for such purposes by the Landlord.
2. The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises
shall be subject to such controls as in the judgment of the Landlord are necessary for the proper
operation of the Leased Premises and/or the City Market.
3. All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall
not be burned in or about the Leased Premises.
4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or
electric wire shall be installed or connected without obtaining in each instance the written consent
of the Landlord. All such connections shall be installed in accordance with the Landlord's
direction and without such direction no boring or cutting for wires or pipes shall be permitted.
5. The Tenant will be required to remain open for business as follows:
a. Stalls shall be open for business at all times while the market is open to the public.
b. Year round stands shall be open for business at all times while the market is open to the
public.
6. The plumbing facilities shall not be used for any other purpose than that for which they are
intended, and no foreign substance of any kind shall be thrown therein, and the expense of any
breakage, stoppage or damage resulting from a violation of this provision shall be borne by the
Tenant.
7. The Tenant shall use at the cost of the Tenant a nationally recognized pest extermination
contractor.
8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any walls,
ceilings, partitions, floors, wood, stone or iron without the written consent of the Landlord.
9. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall
not permit any cooking in the Leased Premises without the written consent of the Landlord.
10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the
Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for
any purpose other than ingress to and egress from the Leased Premises.
11. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees
shall not bring in or take out, position, construct, install or move any safe or other heavy
equipment or furniture without first obtaining the consent in writing of the Landlord. In giving
such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight
permitted and the position thereof, and the use and design of planks, skids or platforms to
distribute the weight thereof. All damage done to the City Market by moving or using any such
safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. The moving of
all equipment and the furniture shall occur only during those hours when the City Market shall not
be open for business or any other time consented to by the landlord.
12. All persons entering and leaving the building in which the Leased Premises are situated must do
so during hours the City Market is staffed by City Market employees. The Landlord at its sole
discretion may determine the hours the City Market is staffed. Tenants shall register in books if so
required by the Landlord when accessing the Market "after Market hours". The Landlord is under
no responsibility for failure to enforce this rule.
13. The Tenant shall not place or cause to be placed any additional locks upon any doors of the Leased
Premises without the approval of the Landlord and subject to any conditions imposed by the
Landlord.
14. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the
storage of personal effects or articles other than those required for the purposes permitted by the
lease to which these rules and regulations are annexed.
15. Subject to the Landlord's providing such service, the Tenant shall permit window cleaners to clean
the windows of the Leased Premises from time to time and at reasonable times.
94
SCHEDULE "D"
RULES AND REGULATIONS
Page 2
16. Any hand trucks, carryalls or similar appliances used in any building in the Shopping Centre shall
be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require.
17. No animals or birds shall be brought into the Leased Premises except as permitted by the lease to
which these rules and regulations are annexed.
18. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall
not permit the delivery of any food or beverage to the Leased Premises without the approval of the
Landlord.
19. The Tenant shall not solicit business in the common areas or distribute any handbills or other
advertising matter in the common areas or in automobiles parked in the parking areas.
20. The Tenant may only sell merchandise that is approved by the Landlord through their lease or
otherwise.
21. The Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas
adjacent to the Leased Premises.
22. The Tenant shall not use or permit any of the Leased Premises to be used in such a manner as to
cause annoying noises or vibrations or offensive odours.
23. The Tenant is responsible to remove garbage from their premises and deliver to the compactor
designated by the Landlord and to place the garbage in the compactor.
24. A set of plans must be presented, and the approval must be given by the landlord for any
improvements or painting, etc. to the stands (including signs).
25. Merchandise, displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on
each stand.
26. No solid dividers are to be placed between the top and bottom meat hook bars.
27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be
swept and washed down properly.
28. Covers are not to be placed over merchandise on stands without the prior approval of the
Landlord.
29. Signage is to be in keeping with the historic character of the City Market and must meet the
following criteria:
Materials: Wood and metal are considered to be appropriate materials. Plastic may
be used provided that it looks like one of the acceptable materials. Internally -illuminated plastic
faced box signs will not be acceptable;
Number of Signs: Each tenancy will be permitted one bench -top sign on each bench (7'-
0" length), or one projecting sign on each aisle -side that identifies the business by name and type;
Bench -top Signs: These signs are the preferred primary form of signage. They must be
located Ito 2 inches above the top rail of the bench, and should display the business name. They
will consist of a 8" high by 6'-0" long narrow band of material with the lettering printed, painted,
composed of individual raised letters, or lettering cut into the material and painted a contrasting
colour. The rear may not be used for signage over another tenancy;
Projecting Signs: Projecting signs may be used and shall be constructed as two-sided
signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall
be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide.
Only one per tenancy per aisle side shall be permitted as Business identifications;
Lighted Signs: Not permitted;
Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be
permitted. They may not exceed 8.5" x I I" in size, and must not excessively obscure the view
through the bench between the first and last rail above the bench.
95
PROVINCE OF NEW BRUNSWICK
COUNTY OF _! C,
I, LN J t " a I, of the C - in the County of
gl,,., and ProvinceofNew B nswick, MAKE OATH AND SAY:
1. That I am the +� tS' of Z { 7(O 10 L� he
"Corporation"), the Lessee named in the foregoing instrument and am duly
authorized to make this affidavit;
2. That the Corporation does not have a corporate seal.
3. That the signature " co W D" aP" subscribed to in the within
instrument is the signature of me, the said —V' ( i : t , and was thereto
subscribed by order of the Board of Directors of the Corporation to and for the
uses and purposes therein expressed and contained.
4. That the P�"C� i t en 1 is the duly authorized officer of the
Corporation to execute the within instrument.
SWORN TO before me at the }
CA A Ai 14, in the County }
of 1n and Province }
of ew Brunswick, this 115 day )
202f. )
}
M t to )
Commissioner of Oaths )
Being a Solicitor )
pfC55 (en�
M.
This Indenture made this day of , 2021.
BY AND BETWEEN:
045255 N.B. Ltd., having its registered office at 29
Peat Drive, Quispamsis, New Brunswick, E2E 4R6,
a corporation under the laws of the Province of New
Brunswick doing business as Slocum & Ferris, the
"Lessee"
OF THE ONE PART
— and —
The City of Saint John, having its head office 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
"Lessor"
OF THE SECOND PART
WHEREAS by a Form A19 Lease dated December 22, 2014, the demise of a
Rentable Area of approximately 819 square feet in the City Market, 47 Charlotte
Street, Saint John, New Brunswick (the "Leased Premises"), became vested in the
Lessee; and
WHEREAS the Lessee has agreed to surrender the Leased Premises to the Lessor
in order that its estate, term and interest therein may be merged and extinguished;
NOW THEREFORE THIS INDENTURE WITNESSETH that in consideration of
the sum of One Dollar ($1.00) of lawful money of Canada paid by the Lessor to the
Lessee, the receipt and sufficiency whereof is hereby acknowledged, the Lessee
hereby assigns and surrenders to the Lessor, its successors and assigns, the Leased
Premises to the intent that the unexpired residue of the demised term may merge
and be extinguished, and the said Lessee for itself, it successors and assigns, hereby
covenants with the Lessor, its successors and assigns, that it has good right, full
power and absolute authority to assign and surrender the Leased Premises in the
manner aforesaid and that it has not, at any time, done or executed any act, deed,
matter or thing whereby the unexpired residue of the term is, shall or may in any
wise be charged or encumbered.
IN WITNESS WHEREOF the parties have executed this Surrender of
Lease as of the day and year hereinbefore first written.
SIGNED, SEALED & DELIVERED) 045255 N.B. Ltd.
In the presence of: )
Per:
[2]
97
The City of Saint John
Mayor
City Clerk
Common Council Resolution:
, 2021
COUNTY OF SAINT JOHN
PROVINCE OF NEW BRUNSWICK
of the of , in the County
of and Province of New Brunswick, MAKE OATH AND SAY:
1. THAT I am the of 045255 N.B. Ltd., the Lessee 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 045255 N.B. Ltd., is the corporate seal of the said 045255 N.B.
Ltd., the Lessee named in the foregoing instrument and it was affixed by the officer
authorized to so affix the seal.
3. THAT the signature "_
instrument is my signature and as
the said instrument.
" subscribed to the said
I am duly authorized to execute
4. THAT the said document was executed as aforesaid at the City of Saint John
in the Province of New Brunswick on the day of , 2021.
SWORN TO before me at the City ) of
Saint John, in the County of ) Saint
John and Province of New )
Brunswick, this day of )
92021.
Commissioner of Oaths
Being a Solicitor
COMMON COUNCIL REPORT
M&C No.
2021-013
Report Date
January 20, 2021
Meeting Date
January 25, 2021
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Clarifying Application of Recreation Subsidization and Ice Allocation
Policies
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Tim O'Reilly
Michael Hugenholtz
I John Collin
RECOMMENDATION
Your City Manager recommends Common Council endorse clarification that the
City's Recreation Subsidization and Ice Allocation policies do not apply during the
Off Season of Ice Sports, typically in the months of April to September.
REPORT
City staff is recommending that Common Council approve clarification of these
policies to permit business opportunities during the April through September
period each year using city owned operated arenas. Although financial
stewardship is a paramount priority in City arena operations year-round, broader
community benefits such as affordable access to recreation for City youth are
also a priority during the "Regular Season", October through March. The "Off
Season", April through September, can provide opportunities to further reduce
City taxpayer subsidization of arena costs. As a reminder, City taxpayers
contribute 10% to 40% of arena Operating Costs, depending on user type, and
100% of Capital investments in these facilities.
During the Regular Season, the Recreation Subsidization Policy is applied by
establishing hourly rental rates for the different user types (youth, adults,
seniors, for -profits) based on anticipated demand by each group over this season
and their share of the City's Arena Operating costs based on the applied policy
recovery percentages (60%, 70%, 90%, 100%, respectively).
The City's Arena Operating Budget comprises of all variable costs and a
proportion of the fixed costs required to operate and maintain these facilities.
An example of the variable costs is the energy required to keep the ice frozen.
Examples of the fixed costs include repairs and replacement of building
100
-2-
components. Some fixed costs, such as replacement and upgrading major facility
components, are funded through the City's Capital Program.
The distinction between variable and fixed arena costs are important when
considering business opportunities during the Off Season. Additional variable
costs would be introduced with such an opportunity. Consider, for example, the
additional energy costs to keep the ice surface frozen for additional months of
the year.
Besides additional variable costs, considering such an opportunity during the Off
Season can create Opportunity Costs. These are created when resources are
drawn to support such an opportunity at the expense of parks & recreation
services otherwise provided Spring through Fall.
The business opportunity for the City is generated where net revenues beyond
the additional variable and opportunity costs can be generated and financial risk
can be appropriately mitigated. In such a case, these net revenues create a new
source of funding to offset some arena fixed costs in the place of City taxpayer
subsidization.
City staff therefore suggest any opportunities considered during the Off Season
present a good business case for City taxpayers from a net revenue perspective.
STRATEGIC ALIGNMENT
This report aligns very well with Council's priority of Fiscal Responsibility, where
alternate [net] revenue sources, other than from City taxpayers, are generated.
SERVICE AND FINANCIAL OUTCOMES
Opportunities for Off Season ice sports create additional service options for
participants of that sport. In cases where renting to a single entity occurs (i.e.
private hockey school), the Ice Allocation Policy is not applied and there is not
control over providing preferred options for city residents, or certain types of
users such as youth recreational.
The financial outcomes City staff are proposing to accomplish by considering
opportunities during this Off Season are detailed previously in this report. In
short, it is the opportunity for City taxpayers to benefit financially in recognition
of their significant contribution to City arena operations, maintenance, and
facility upkeep.
►w1►jr�acur•�►r.�:� :�►ire-►: 1r_-►:�:r•":f-y
The Finance Department and Growth & Community Services Department
provided input toward this report
101
!F ' 16' i ...C.•T w ai
16
� �•--ter �r 't \ - `'� - , �� . n.
:-: Improving lives. Improving business.-'
'PAW
4
ANO.- 4k
I Agenda
• Highlights of Funding Policy Valuation
• Membership Summary
• Plan Assets
• Main Economic and Demographic Assumptions
19 • Financial Position
• Normal Cost and Excess Contributions
• Open Group Funded Ratio
• Risk Management Test Results
• Benefit Improvements Effective January 1, 2021
9 Events Subsequent to Valuation Date
Funding Policy Valuation
Membership Summary
Actives
Number
Average salary
Average age
Average pensionable service
Average accrued pension
Disabled Members
Number
Average age
Average accrued pension
Deferred Vested
Number
Average age
Average annual pension
Pensioners & Survivors
Number
Average age
Average annual pension
Confidential — Not for Distribution 104
826
$80,818
44.8 years
14.3 years
$21,588
29
57.8 years
$36,421
32
45.5 years
$11,148
893
72.3 years
$37,802
MORNEAU () I
SHEPELL 3
Funding Policy Valuation
Reconciliation of Market Value of Assets
Market value at beginning of year
$595.9
Plus:
Member contributions
$6.8
City contributions
$19.7
Investment income
$77 4
(including capital gains/losses)
Sub -total
$103.9
Minus:
Pension and refunds
$33.2
Expenses
$2.7
Sub -total
$35.9
Market value at end of year
$663.9
Net investment return (after expenses)
12.6%
Confidential — Not for Distribution 105
MORNEAU ()
SHEPELL
4
Funding Policy Valuation
Main Economic Assumptions
Discount rate
Salary increases
Pension increases
Inflation
4.50% per annum
2.85% per annum
Contingent on plan performance
2.10% per annum
Although we use 4.50% per annum to discount future cash flows, we estimate that
the pension fund will earn an average of 5.9% per annum over the next 20 years
(before fees)
Discount rate is a very conservative assumption
Investment return in excess of 4.50% per annum will be used to further secure pension
benefits and provide cost -of -living increases and other benefit improvements in
accordance with the Funding Policy
Confidential — Not for Distribution 106 MORNEAU
SHEPELL 15
Funding Policy Valuation
Main Demographic Assumptions
Mortality rates
Retirement rates
Termination rates
Disability accrual
Proportion with spouse
Canadian Pensioner Mortality (CPM) Table published by the Canadian
Institute of Actuaries (blending the public and private sector tables) with
adjustment factors of 105% for males and 102% for females, and projected
with improvement scale CPM-B
All retire upon attainment of "88 points", or in one year following the
valuation for those who have already attained 88 points.
"Points" refer to the sum of age and pensionable service.
Table of age -related factors varying by gender
Loading Normal Cost by 0.25% of payroll
85%
Confidential — Not for Distribution 107 MORNEAU 0
SHEPELL
Funding Policy Valuation
Financial Position
Item
In $M
In $M
A. Market Value of Assets
$663.9
$595.9
B. Funding Policy Liabilities
Actives and Disabled
$225.9
Pensioners & Survivors
$447.8
$676.7
$662.8
Deferred Vested and Other Inactives
$2.7
Reserve for Future Indexing
$0.3
C. Excess (Unfunded Liability) [A. — B.]
($12.8)
($66.9)
D. Termination Value Funded Ratio [A. / B.]
98.1%
89.9%
Confidential - Not for Distribution
108
AAORNEAU 0
SHEPELL
Funding Policy Valuation
Normal Cost and Excess Contributions
A. Total normal cost $9.6 14.4%
B. Members' contributions
C. City's permanent contributions
D. City's temporary contributions
E. Total Contributions in excess of normal cost [B.+C.+D.—A.]
F. Present Value of Next 15 Years of Excess Contributions
Confidential - Not for Distribution
i1IR
$6.9 10.4%
$8.8 13.1%
$11.3 17.0%
$17.4 26.1%
$163.3 M
AAORNEAU 0 SHEPELL 8
Funding Policy Valuation
Open Group Funded Ratio
A. Market Value of Assets
B. Present Value of 15 years of Excess Contributions
C. Total Assets with PV of Excess Contributions
[A. + B.]
D. Funding Policy Liabilities
E. Open Group Funded Ratio [C. / D.]
$663.9 M $595.9 M
$163.3 M $168.4 M
$827.2 M $764.3 M
$676.7 M $662.8 M
122.2 % 115.3
Confidential - Not for Distribution 110 MORNEAU 0
SHEPELL 9
Risk Management Test Results
Primary Risk Management Goal
Probability that base benefits will not be reduced 98 70% °
at any point over the next 20 years 97.50/ (Must be at least 97.5% to be able to award cost of living
adjustments)
Secondary Risk Management Goal 95.7% of CPI 94.6% of CPI
Average cost of living adjustments over the next 20 years
Confidential — Not for Distribution 11 1 MORNEAU
SHEPELL I Zo
Projection of Open Group Funde4 tatio
Open Group Funded Ratio Projection,10,000 trials
220
-0
200
a,
180
LL
o
160
O
O
+,
140
L
m
GC
120
Q
100
0
80
Mean
122.2%
121.1 %
123.6%
131.6%
140.4%
95th Percentile
122.2%
141.8%
155.1 %
176.5%
203.7%
75th Percentile
122.2%
127.5%
131.3%
140.9%
153.5%
Median
122.2%
119.9%
120.7%
125.8%
130.3%
25th Percentile
122.2%
113.4%
113.0%
117.2%
119.1 %
5th Percentile
122.2%
104.4%
102.5%
105.7%
108.2%
Confidential — Not for Distribution 112 MORNEAU
SHEPELL I 11
Review Actions Under Funding Policy
Amount Available for Utilization
• Amount available for utilization as at January 1, 2020
A. Funding Policy Liabilities $676.7 M
B. Open Group Funded Ratio 122.2%
C. Funding Policy Threshold 105.0%
D. Excess (as % of funding policy liabilities) [B. — C.] 17.2%
E. Funding Policy Excess Available For Utilization
[1/5th of D.] 3.44%
F. Amount Available For Utilization [E. x A.] $23.3 M
Confidential - Not for Distribution 113 MORNEAU 0
SHEPELL 12
Review Actions Under Funding Policy
Implemented Steps Under Funding Policy
A. Amount Available for Utilization
B. Implemented Steps under the Funding Policy and Related Costs:
- Step 1: Cost of current year CPI increase (1.95% effective 1.1.2021)
- Step 2: Cost of prior years CPI increases not yet recognized
- Step 3: Cost related to increase in average wage index (AWI) over Consumer
Price Index (CPI) for active members (0.53% effective 1.1.2021)
- Steps 4 & 5: Unreduced early retirement at "Rule of 85" and improvement to early
retirement reduction from 6% to 5% for accrual years 2018 and 2019
- Step 6: Implementation of a Reserve for Future Indexing
C. Total Amount Spent under various Steps
Confidential — Not for Distribution
114
$23.3M
$12.5M
n/a
$1.2M
$5.OM
$4.6M
$23.3M
MORNEAU 0 SHEPELL 13
Events Subsequent to Valuation Date
- COVID-19 Pandemic:
Impossible to assess any long-term impact of the pandemic on the Plan
In the short term, financial markets have retreated significantly until end of March 2020,
but have since then rebounded with investment return for 2020 in the vicinity of 8%
Organizational Restructuring at the City
City went through a significant "Organizational Restructuring" during 2020
Valuation results presented do not take into account the reduction in Plan membership
directly related to the restructuring, as it occurred after January 1, 2020
Board has been provided with the expected impact of such restructuring on the Plan
membership, and is currently assessing the impact on the financial position and risk
management test results
Confidential — Not for Distribution 115 MORNEAU
SHEPELL 1 14
r
i I
Thank you!
MORNEAU �`-)
SHEPELL
Yves Plourde, FSA, FCIA
Partner
yplourde@morneaushepell.com
116
L
15
COMMON COUNCIL REPORT
M&C No.
2021-017
Report Date
January 11, 2021
Meeting Date
January 25, 2021
Service Area
Transportation and
Environment Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Vehicle for Hire
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Marc Dionne
Marc Dionne
I John Collin
RECOMMENDATION
Your City Manager recommends that Common Council give first and second
reading of the amendment to the Vehicle for Hire By -Law NO. M-12 attached to
M&C 2021-017
EXECUTIVE SUMMARY
On September 28t", 2020, Common Council directed that an amendment be
prepared for the Vehicles for Hire By -Law that that provides some relief to the
taxi industry respecting the age of vehicles. The appropriate amendment has
been prepared in the attached for and presented to you for first and second
reading.
PREVIOUS RESOLUTION
N/A
REPORT
In 2018 the Saint John Transit Commission, on behalf of the City of Saint John
assumed the responsibility of the day -today administration of the Vehicles for
Hire By -Law. Every year, the Transit Commission performs a review of the
Vehicle for Hire By-law and brings forward any recommendations to Common
Council. In September of 2020, a recommendation was brought forward to
Council to amend the age limit of a taxi from seven (7) years to eight (8) years of
age. This change aligned us with Moncton at 8 years and would be slightly older
than Fredericton at 6 years.
STRATEGIC ALIGNMENT
117
sa
This report aligns with the City's focus on growth.
SERVICE AND FINANCIAL OUTCOMES
Financially, the amendments to the Vehicle for Hire By -Law, have zero negative
impact to the City of Saint John. Notably, the permanent change to the age of
the taxi will provide financial relief to those working in the Taxi Industry, during
the current downturn in the economy and into the future.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The input from the taxi industry is incorporated into this report
The City Solicitor's office prepared the amendment to the Vehicle for Hire By -Law.
ATTACHMENTS
BY-LAW NO M-12
118
BY-LAW NO. M-12
A BY-LAW TO AMEND A BY-LAW
RESPECTING THE REGULATION AND
LICENSING OF OWNERS AND OPERATORS
OF VEHICLES FOR HIRE IN THE CITY OF
SAINT JOHN
ARRETE NO. M-12
ARRETE MODIFIANT L'ARRETE
PORTANT REGLEMENTATION DES
ACTIVITES DES PROPRIETAIRES ET
EXPLOITANTS DE VEHICULES DE
LOCATION ET DE L'OCTROI DE PERMIS
AUX PROPRIETAIRES ET EXPLOITANTS
DE VEHICULES DE LOCATION DANS THE
CITY OF SAINT JOHN
Be it enacted by the Common Council of Lors d'une reunion du conseil communal,
The City of Saint John as follows: The City of Saint John a decrete ce qui suit:
A By-law of The City of Saint John entitled
"A By-law respecting the Regulation and Licensing
of Owners and Operators of Vehicles for Hire in the
City of Saint John", enacted on the 30' day of July,
A.D. 2018, is hereby amended as follows:
1. Subsection 10(1)(i) is repealed and replaced with
the following:
"10(1)(i) in the case of a Taxicab, the motor
vehicle, by reference to the Vehicle Identification
Number (VIN) and any other identifying
information, is at the time of licensing under this
By-law:
(i) in 2018, eight (8) years old or newer;
(ii) in 2019, seven (7) years old or newer;
(iii) in 2020 and all subsequent years, eight
(8) years old or newer;"
Par les presentes, 1'arrete de The City of
Saint John intitule « Arrete portant reglementation
des activites des proprietaires et exploitants de
vehicules de location et de l'octroi de permis aux
proprietaires et exploitants de vehicules de location
dans The City of Saint John », edicte le 30 juillet
2018, est modifie comme suit:
1. Le paragraphe 10(1)(i) est abroge et remplace
par ce qui suit :
10(1)i) daps le cas d'un taxi, le vehicule a moteur,
en s'y referant par son numero d'identification du
vehicule (NIV) et par toute autre information
permettant de l'identiiier, a au moment ofx le permis
est delivre en vertu du present Arrete,
(i) en 2018, au plus 8 ans;
(ii) en 2019, au plus 7 ans;
(iii) en 2020, et pour toute annee subsequente,
au plus 8 ans; »
2. Subsection 12(1)(c) is repealed and replaced with 2. Le paragraphe 12(1)c) est abroge et remplace par
the following: ce qui suit:
(c) in the case of a Taxicab, ensure that the
Taxicab is eight years old or newer having
regard to paragraph 10(1)(i) hereof,
(c) dans le cas d'un taxi, veille a ce que le taxi
ait au plus huit ans, eu egard
1'alinea 10(1)i);
119
IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait
has caused the Corporate Common Seal of the said apposer son sceau municipal sur le present arrete
City to be affixed to this by-law the day le 2020, avec les signatures
of , A.D. 2020 signed by: suivantes :
Mayor /Maire
Clerk/ Greffiere communale
First Reading - Premiere lecture
Second Reading - Deuxieme lecture
Third Reading - Troisieme lecture
120
BY-LAW NUMBER C.P. 111-103
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:
Rezoning a parcel of land having an area of
approximately 583 square metres, located at 144
Lansdowne Avenue, also identified as PID No.
55223416, from Low -Rise Residential (RL) to Local
Commercial (CL) 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 X day of X, A.D. 2021
and signed by:
Mayor/Maire
ARRETE NO C.P. 111-103 ARRETE MODIFIANT
UARRETE 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 sur le zonage de The City of Saint
John, decrete le quinze (15) decembre 2014, est
modifie par:
Rezonage dune parcelle de terrain dune
superficie d'environ 583 metres carres, situee au
144, avenue Lansdowne, egalement identifie
comme NID 55223416, de zone residentielle —
immeubles d'habitation de hauteur moyenne
(RL) a zone commerciale locale (CL)
conformement a une resolution adoptee par le
conseil municipal en vertu de I'article 59 de la Loi
sur I'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 X 2021, avec les signatures suivantes
City Clerk/Greffier communal
First Reading - January 11, 2021 Premiere lecture - le 11 janvier 2021
Second Reading -January 11, 2021 Deuxieme lecture - le 11 janvier 2021
Third Reading - Troisieme lecture -
121
GROWTH AND COMMUNITY PLANNING SERVICES
SERVICE DE LA CROISSANCE ET DE L'URBANISME COMMUNAUTAIRE
REZONING / REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
iviocimant,vnnexe ((A)) ae rHrrete ae zonaRe ae i ne biv of,)aint jonn
a
SEA
r'
r
140 j
147 134136
i
�130
- 126,
FROM / DE TO /A
Low -Rise Residential Local Commercial
Zone residentielle — RL CL Zone commerciale locale
immeubles d'habitation
bas
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: Dr. Tunde Apantaku
Location: 144 Lansdowne Avenue
PID(s)/NIP(s): 55223416
Considered by P.A.C./considers par le C.C.U.: January 5 janvier, 2021
Enacted by Council / Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By -Law # / Arrete #:
Drawn By/Creee Par: Date Drawn/Carte Creee: January 8 janvier, 2021
Andrew Reid
122
Section 59 Conditions —144 Lansdowne Avenue
That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose
the following conditions on the parcel of land having an area of approximately 583 square metres, located
at 144 Lansdowne Avenue, also identified as PID Number 55223416:
a. The development and use of the parcel of land be in accordance with a detailed site plan, prepared by
the proponent and subject to the approval of the Development Officer, illustratingthe location of building,
driveway accesses, vehicle parking, landscaping, fencing, and other such site features;
b. The proponent shall provide a fence between the parking area and the abutting lot to the east (PID #
00371039) in accordance with the standards set out in Section 5.3(a) of the Zoning By-law; and,
c. The above site plan be attached to the permit application for the development of the parcel of land.
123
BY-LAW NUMBER C.P. 111-104
A LAW TO AMEND THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
ARRETE NO C.P. 111-104 ARRETE MODIFIANT
UARRETE DE ZONAGE DE THE CITY OF SAINT
JOHN
Be it enacted by The City of Saint John in Lors d'une reunion du conseil communal,
Common Council convened, as follows: The City of Saint John a decrete ce qui suit :
L'arrete sur le zonage de The City of Saint
The Zoning By-law of The City of Saint John enacted John, decrete le quinze (15) decembre 2014, est
on the fifteenth day of December, A.D. 2014, is
amended by: modifie par:
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 380 square metres,
located at 19 Paddock Street, also
identified as PID No. 00015974, from
Urban Centre Residential (RC) to Mixed
Commercial (CM) pursuant to a
resolution adopted by Common Council
under Section 59 of the Community
Planning Act.
2. Repealing subparagraph 11.8(2)(b)(iii)
- all as shown on the plan attached hereto
and forming part of this by-law.
1. La modification de I'annexe «A», Carte de
zonage de The City of Saint John, permettant
de modifier la designation pour une parcelle
de terrain dune superficie d'environ 380
metres carres, situee au 19, rue Paddock, et
portant une partie de NID 00015974 de Zone
residentielle du centre-ville (RC) a Zone
commerciale mixte (CM) conformement a
une resolution adoptee par le conseil
municipal en vertu de I'article 59 de la Loi sur
I'urbanisme.
2. Le paragraph 11.8(2)(b)(iii) est abroge.
- toutes les modifications sont indiquees
sur le plan ci-joint et font partie du present
arrete.
IN WITNESS WHEREOF The City of Saint John has EN FOI DE QUOI, The City of Saint John a fait
caused the Corporate Common Seal of the said City to apposer son sceau communal sur le present
be affixed to this by-law the X day of X, A.D. 2021 and arrete le X 2021, avec les signatures suivantes
signed by:
First Reading - January 11, 2021
Second Reading -January 11, 2021
Third Reading -
Mayor/Maire
City Clerk/Greffier communal
Premiere lecture - le 11 janvier 2021
Deuxieme lecture — le 11 janvier 2021
Troisieme lecture -
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GROWTH AND COMMUNITY PLANNING SERVICES
SERVICE DE LA CROISSANCE ET DE L'URBANISME COMMUNAUTAIRE
REZONING / REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
rmuivi / ur- I V / H
Urban Centre Residential Mixed Commercial
Zone residentielle — du RC CM Zone commerciale mixte
centre-ville
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: Resonance Advisors Inc.
Location: 19 Paddock Street
PID(s)/NIP(s): 00015974
Considered by P.A.C./considers par le C.C.U.: January 5 janvier, 2021
Enacted by Council / Approuve par le Conseil:
Filed in Registry Office/Enregistre le:
By -Law # / Arrete #:
Drawn By/Creee Par: Date Drawn/Carte Creee: January 8 janvier, 2021
Andrew Reid
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Section 59 Conditions —19 Paddock Street
That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose
the following conditions on the parcel of land having an area of approximately 380 square metres,
located at 19 Paddock Street, also identified as PID Number 00015974:
a. That the use of the lot be limited to the following uses as defined by the Zoning By-law:
• Artist or Craftperson Studio;
• Bed and Breakfast, subject to section 9.2
• Business office, subject to paragraph 11.8(2)(b);
• Community Policing Office;
• Day Care Centre;
• Dwelling Unit, subject to paragraph 11.8(2)(b);
• Financial Service;
• Garden Suite, subject to section 9.8;
• Home Occupation, subject to section 9.9;
• Library;
• Medical Clinic;
• Personal Service;
• Place of Worship;
• Secondary Suite, subject to section 9.13;
• Service and Repair, Household;
• Supportive Housing, subject to section 9.14;
• The existing use described in Schedule E: Exceptions, of each lot respectively identified therein
as being located in the CM zone.
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Received Date
January 13, 2021
Meeting Date
January 25, 2021
Open or Closed
Open Session
His Worship Don Darling and members of Saint John Common Council
Subject: Presentation by Ability New Brunswick
Background: There is a growing number of Saint Johners with temporary and permanent disabilities.
Increasingly, these citizens require more significant support to access services in our community. Consider
that New Brunswick has the second -highest rate of disability in Canada at nearly 27 per cent of the
population. While Saint John has made progress in respect of supporting those with disabilities,more can
and should be done. One opportunity that we have is to learn from subject matter experts where we are as a
community with respect to accessibility (e.g. accessible parking) for persons who have a mobility disability.
Motion: Be it resolved that:
1. Common Council refer to the Common Clerk for scheduling a presentation on accessibility within the City
of Saint John, for persons who have a mobility disability, by Haley Flaro, Executive Director of Ability New
Brunswick.
Conclusion: By supporting a presentation by Ability New Brunswick, we invite an important conversation
within our community and better cement our understanding of the accessibility challenges and
opportunities, that exist within our community.
Respectfully,
(Received via email)
Greg Norton
Councillor Ward 1
City of Saint John
lr _
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1
127
Received Date
January 13, 2021
Meeting Date
January 25, 2021
Open or Closed
Open Session
His Worship Don Darling and
Members of Common Council'
Your Worship and Councillors:
Subject: Ride -Sharing
Background: The Government of New Brunswick has introduced legislation to enable municipalities to
regulate ride -sharing services. The amendments to the Motor Vehicle Act define ride -sharing and, as it does
for taxis, the legislation sets the standard for drivers and vehicles. The City of Saint John would be required to
create bylaws that set parameters for vehicle -for -hire services.
Although the amendments to the act now authorize the activity of ride -sharing, a vehicle -for -hire service will
only be able to operate where a local government has enacted a bylaw. Drivers and service will need to meet
the requirements of these local bylaws.
The amendments do require ride -share drivers to undergo the following:
• undergo a check of their driving record;
• upgrade to a Class 4 licence, the provisions of which include providing a medical fitness report; and
• have a clean driver's abstract.
The legislation introduced would cause drivers to work through a ride -sharing company authorized by the
City of Saint John. Furthermore, vehicle used for ride -share service will require an annual inspection. Other
requirement, such as a criminal -records check and insurance requirements beyond what is required under
the Motor Vehicle Act, may be set out in our City of Saint John bylaws.
As a municipality, this legislation allows us to provide our community with more choices and flexibility in
accessing transportation. The first step in offering ride -sharing services within our community is the creation
of a local bylaw, that encourages the establishment of ride -sharing within our community. A ride -sharing
system will benefit our citizens, visitors, investors and businesses, while we continue to grow and develop
our City of Saint John in progressive fashion.
Motion: Be it resolved that:
1. Common Council direct the City Manager to immediately present for consideration a draft by-law
regulating ride -sharing services in the City of Saint John.
lr _
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1
128
Conclusion: By building a range of transportation options within our City of Saint John, that includes ride -
sharing, we give people one more reason to live, work, play and invest in our city.
Respectfully,
(Received via email)
Greg Norton
Councillor Ward 1
City of Saint John
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1
129
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Work Plan 2020
Review
25 January 2021
SAINT JOHN
Grow the City, Serve the City, We the Community of Choice
Provide advice to Council and execute the will of Council
Deliver services to our community
Ensure best possible value for money
What Consumes
• Work hard to always be better our Time?
L
• Eliminated structural deficit (forecasted at $10 million for 2021)
• Work force restructure (for efficiencies and improved effectiveness)
• Not just elimination of 80 positions but also changes in roles & responsibilities
• Operational Audit (EY Report) Implementation Plan
• Completed revenue and loan agreements with Saint John Energy ($100 million value)
• Continued advocacy and support to Province for transformational reforms
• Changes to binding arbitration
• Comprehensive property tax reform
• Regional cost sharing
• Regionalization of services
• Establishment of new Regional Economic Development model, and wind down of
existing agencies
• Continued work on exploring alternative business models for Aquatic Centre, TD
Station and Trade and Convention Centre
• Establishment of Integrated Customer Service Centre (Phase 1)
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SAINT fOHN
• Robust development activity in 2020
• 5t" highest permit valuation in 10 years, expect this to increase as new information becomes
available)
• Highest residential construction on record (tripled average performance).
• Vacant and Dangerous Buildings program 50 resolved cases; Community Standards program surpassed its
adjusted target of 55 resolved
• COVID 19 adjustments to processes; cyber attack adjustments to processes
• Record fundraiser held for P.R.O. Kids in 2020 (online auction with a 100% virtual event).
• Implementation of a Safety Ambassadors program to promote pandemic safety in public spaces.
• Integration of Saint John Local Immigration Partnership into City
• Launch of City's first New Resident Guide and release of "Saint John Is" video and continued participation
in -person and digital recruitment missions and Job Fairs
• Establishment of Special Events Task Force and new streamlined approach for approving Street Closures
• Implementation of Economic and Community Recovery Programming (Pop-up Park, Open Streets, artistic
picnic tables. new 15-minute parking spots, Thursday night market (City Market), Loyalist Plaza Beer
Garden)
• Adoption of Neighborhood Plan for the Central Peninsula and New Heritage Bylaw.
SAINT fOHN
• 2020 Grant Distribution
• Community Centers ($591,151) — Five Recipients (Primary Community Centres), plus a $42,806.61
unconditional grant to the Boys and Girls Club
• Neighborhood Stimulation ($132,000) — Six Recipients
• Community Grants ($179,721) - 27 applications were approved to receive community grants
• Beautification ($35,000) — More than 10 recipients
• Development Incentive ($270,000) - 5 grant applicants
• Heritage Grants ($80,000) — More than 15 recipients
• Arts Grants ($55,000) - 24 organizations representing projects, festivals, and events taking place in
2020/2021
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SAINT fOHN
• The Safe, Clean Drinking Water Project achieved its Final Completion Milestone coming in $1,008,000
under budget
• Transition from Wellfield groundwater system to the Loch Lomond Drinking Water Treatment Facility for
select areas
• Groundwater levels in the South Bay Wellfield returned to above sea level
• All industrial water users now paying water rates set via by-law
• City of Saint John's first Climate Change Adaptation Plan and Action Plan
• Negotiated a new 10-year contract with NB Power for emergency response and training for Point
LePreau with increased revenue
• Completed a Fire Training Academy Expansion
• Adopted a gas detection equipment replacement program
• Developed state-of-the-art Emergency Planning, Preparation, Response, and Testing Simulation Theatre
• Fire Prevention Division relocation project. The new location provides a customer friendly location for
the first time in over 30 years.
• Fire Marque Insurance recovery program nets in excess of $50,000 and supports purchase of
replacement ladder truck
• Established a Fire Command Staff Leadership and Professional Development Program
• First Annual HR Report on Workforce
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SAINT fOHN
L
• Structural Deficit eliminated
• $6 million in work force adjustments
• $3 million is service adjustments
• $1 million in additional continuous improvement initiatives
• 0% pay raise for two years, then Wage Escalation Policy, thereafter for managers and
professional staff
• Local 18 (Outside Workers) Collective Agreement successfully negotiated
• reduction in 43 FTEs or 15.5%
• introduction of a new lower entry wage
• First collective agreement to introduce the new Wage Escalation Policy
• Transit Union Collective Agreement successfully negotiated with 1.036% in 2020, 0% in 2021
and Wage Escalation Policy in 2022
• 2nd collective agreement to introduce the new Wage Escalation Policy
• Maintained Tax Rate for 12 consecutive year with no tax base growth
• 3rd straight year that Saint John Water held its flat rate without any increase
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SAINT fOHN
• In the past 4 years Saint John Water has reduced its debt by 23.71%
• 2021 Utility Operating Budget is the first ever Utility Budget to include an Operating Reserve
($825k)
• Continued decrease to General Fund debt
• 2016 - $117 million
• 2019 - $102.5 million
• 2020 - $96.5 million
• Continued increase to General Fund operating reserves
• 2016 - $2 million
• 2019 - $4 million
• 2020 - $6 million
• Continued increase funding to "Pay as you Go" capital funding (to avoid borrowing)
• 2016 -zero
• 2019 - $730K
• 2020 - $2 million
• Net decrease to salaries and benefits for workforce from 2020 to 2021— 6.7%
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SAINT fOHN
L
• Despite pandemic and cyber attack:
• Achieved targets within our financial plan
• Eliminated structural deficit and requirement for interim government funding
• Adapted to a changed environment with a much smaller workforce
• Delivered services to our community
• Made significant improvements to our operations and administration
• Emphasis on growth took "a bit of back seat" to the more urgent
situations
• "It's all about Growth" must return in 2021
• BUT accomplishments in 2020 clearly show the potential of our City
moving forward........ and that will spur growth!
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Work Plan 2020
Review
25 January 2021
SAINT JOHN
Grow the City, Serve the City, We the Community of Choice
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Work Plan 2021
Introduction
25 January 2021
SAINT JOHN
Grow the City, Serve the City, V e the Community of Choice
Provide advice to Council and execute the will of Council
Deliver services to community
Ensure best possible value for money
What Consumes
• Work hard to always be better our Time?
• Need a consolidation period post major initiatives of 2020
• Need to factor in limited IT capability for first half of year
• Need to recognize that routine operations must continue
• Staff tempo has been very high and extremely demanding
• Upcoming municipal election
• Impacts before and after election
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SAINT fOHN
• Work plan developed based on Council Priorities
• Growth and Prosperity
• Vibrant, Safe City
• Valued Service Delivery
• Fiscally Responsible
• "Will of Council" as expressed through resolutions and observations
• Five "phrases" that guided our deliberations......
• "It's all about growth"
• "Customer service excellence"
• Including "Facilitate over regulate"
• "Best value for money"
• "Work hard to always be better"
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SAINT fOHN
• Overriding Consideration — Too many initiatives to complete in any
one year
• Must prioritize
• Must develop multi -year approach
• Examples include EY Report Implementation Plan, Capital Plan
• Will take a "Tiered Approach"
• Tier 1— Major initiatives with significant cross functional effort/coordination
and to be completed in 2021
• Tier 2 — Functional area initiatives with limited cross -functional
effort/coordination. To be commenced in 2021 but likely to extend into
2022
• Tier 3 — Functional area initiatives with limited cross -functional
effort/coordination. To be commenced in 2021 only if time permits.
Completed in 2022.
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1. Complete recovery from cyber attack
2. Performance Measurement System
■ With supporting Continuous Improvement Framework
• With supporting Personnel Evaluation Framework
3. Continue advocacy and support to Province for transformational
reforms of comprehensive property tax reform and regional cost
sharing — as part of Provincial municipal reform
4. New Council orientation
5. Integrated Customer Service full operating capability
6. 10-Year Strategic Plan
7. Continue reviews of ABCs
• Includes reporting requirements to Council
8. 10-Year Labour Relations Strategy
9. Enterprise Resource Planning (ERP) needs analysis completed
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SAINT fOHN
• Input to and approval of Regional Economic Development Strategic Plan & KPIs
• Execution of Succeed & Stay Program Recommendations
• Economic & Community Recovery Programming (COVID 19)
• City Market Strategic Plan
• Affordable Housing Coordination & Action Plan
• Implement new solid waste management system
• Curbside recycling
• "Helping Hands" vehicles and bins
• Plastic Bag bylaw
• Complete review of Procedural Bylaw and Governance. Includes
• Review of Committee Structure
• Review of Code of Conduct
• Creation of information manual for Councillors
• Procedural bylaw amendments
• Selection of Deputy Mayor procedure
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SAINT fOHN
• Procure and begin implementing an Asset Management Information System
• Undertake and complete a 10-year Long -Term Financial Plan for Saint John
Water
• Fundy Quay — reconstruction and raising of the Sea Wall along with extension of
Harbour Passage and redevelopment of Loyalist Plaza
• Continued work on other catalytic infrastructure projects
• Learning Commons
• Ashburn interchange
• New Municipal Emergency Response Plan
• Complete Emergency Planning, Preparedness, Response and Testing Simulator
Theatre Project
• Complete Fire Service Review — Identifying 15-year strategic, affordable plan
• Explore opportunities for regional collaboration between SJ Fire / SJEMO and
other parts of our greater community
• Explore Ride Share opportunities within the community
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SAINT fOHN
• Develop a Strategic Communications Plan
• Develop a Contract Management System
• Update Long Term Financial Plan
• Implement new website
• Develop a subsidization policy
• Launch of Internal Audit program
• Collective bargaining, with potential of binding arbitration
• Job evaluation review due to changes in work force structure
• Enhanced employee recognition program
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• Secure the Integrated Bi-lateral Agreement (IBA) funding and commence the work of
renewing approximately 8km of infrastructure
• Plan full-scale municipal emergency response exercise
• Work to expand revenue from Fire Services through bylaw enforcement and simulated
emergency exercises and core skills delivery to other organizations
• Develop a subsidization policy, after strategic plan completed
• Enhanced employee recognition program
• Enhanced security at all facilities
• Develop Arena Strategy
• Explore additional non-resident user fees if regional cost sharing not resolved
• Central Peninsula Neighbourhood Plan Implementation Plan
• Develop Waterfront 2040
• Implement future of Belyea Arena through calls for expressions of interest
• Begin short-term initiatives within MovSJ. Includes:
• Further exploration of active transportation possibilities
• Explore changes to Main Street North corri P-
SAINT fOHN
• Ambitious workplan
• With a balance of consolidating gains and introducing new ideas
• The uncertainty of COVID 19 impacts throughout the upcoming year may
necessitate adjustments
• May need to be adjusted after municipal election — pending Council priorities
• Staff confident this work plan satisfies the needs of our City in a prioritized
approach
• "The slate is full"
• As we move forward, new work initiatives would require offsets
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Work Plan 2021
Introduction
25 January 2021
SAINT JOHN
Grow the City, Serve the City, & the Community of Choice
COMMON COUNCIL REPORT
M&C No.
MC 2021-018
Report Date
January 19, 2021
Meeting Date
January 25, 2021
Service Area
Growth and Community
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Economic and Community Recovery Program: On -Street Parking
Subsidy Pilot Program
OPEN OR CLOSED SESSION
This matter is to be discussed in open session of Common Council.
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
David Dobbelsteyn
Marc Dionne
Jacqueline Hamilton
John Collin
RECOMMENDATION
Staff recommend the following:
Whereas Common Council has implemented a Municipal Economic and
Community Recovery program in order to enable and accelerate local economic
and community activity in response to the current public health pandemic,
Now Therefore Be It Resolved that Common Council direct the City Manager to
finalize a partnership with Uptown Saint John to implement and promote a
temporary on -street parking subsidy program.
Further Be It Resolved that the City direct up to $35,000 to be granted to Uptown
Saint John Inc. for the implementation of the On -Street Parking Subsidy Program
from the growth reserve funds already allocated to the Municipal Economic and
Community Recovery Program;
Further Be It Resolved that the City Manager be authorized to negotiate the terms
and conditions of the Program and Grant with Uptown Saint John;
Further Be It Resolved that the City Manager be authorized to implement the on -
street parking subsidy program until March 31, 2021 or until the program funding
is depleted, whichever comes first.
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EXECUTIVE SUMMARY
In any given year, winter is usually the most financially challenging time for a
majority of small and medium businesses in our Uptown core. Businesses are
facing additional hardship this year due to COVID-19 and are at a higher risk of
serious financial loss or permanent closure.
In order to stimulate an increase in shoppers and visitors to the central business
district to support local businesses, staff are recommending the City implement a
temporary on -street parking pilot program in conjunction with Uptown Saint John
& the Saint John Parking Commission to provide up to one hour of free parking on
weekdays until the end of March 2021 through the use of the Hot Spot application.
The program parameters were reviewed and endorsed by Growth Committee and
followingthe Committee's review, further discussions occurred with Uptown Saint
John to pursue the potential for a partnership in the delivery of this program.
It is recommended that the City provide a grant of $35,000 to Uptown Saint John
to partner with the City in administering this program. Staff will work with Uptown
Saint John to finalize the parameters of the program, including a requirement that
85% of funds spent must be used to directly provide the parking subsidy. Staff will
also work with Uptown SJ to outline the parameters of the program and the terms
and conditions of the grant.
I1:7��IC�1►1��:7���]�►j�[�1P1
On May 25, 2021 Council Adopted the Municipal Economic and Community
Recovery Program and allocated $546,267.20 to be used for this program.
For brevity, staff refer to this program as the Municipal ENCORE Program
Growth Committee Resolution from Closed session of January 12th 2021
Growth Committee Recommends to Common Council:
Whereas Common Council has implemented a Municipal Economic and
Community Recovery program in order to enable and accelerate local economic
and community activity in response to the current public health pandemic,
Now Therefore Be It Resolved that Common Council direct the City Manager to
implement and promote a temporary on -street parking subsidy program.
Further Be It Resolved that Common Council direct up to $35,000 to be designated
for the On -Street Parking Subsidy Program from the growth reserve funds already
allocated to the Municipal Economic and Community Recovery Program.
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Further Be It Resolved that the City Manager be authorized to implement the on -
street parking subsidy program until March 31, 2021 or until the program funding
is depleted, whichever comes first.
STRATEGIC ALIGNMENT
Growth and Prosperity
"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."
This initiative aligns with the Council approved Municipal Economic and
Community Recovery [ENCORE] Program.
REPORT
The Covid-19 pandemic has had a negative impact on many businesses across
Canada. Winter is typically a slow season for many small businesses. Many
businesses particularly in the hospitality and accommodation sectors, will
generate much of their revenue in the busy summer months. These funds will
carry them through the slower winter months.
This year businesses are faced with unique pressures caused by the current
pandemic. Due to an overall lack of customers for many sectors, and a
considerable lack of customers in the summer months specifically, many
businesses are ill equipped to face the winter months. Despite new federal
subsidization programs such as the Canadian Emergency Rent Subsidy and the
Canadian Wage Subsidy the Federation of Independent Businesses believes as
many as 19% of small businesses could close in Canada in the short term. Closures
of this magnitude would have significant negative impacts on a municipality's
economic outlook. It could potentially shrink a city's tax base; hamper a City's
ability to attract new commercial developments when there are commercial
vacancies; trigger local job losses and potentially lead to out -migration; and
provide less opportunities for the provision of local goods and services causing
patrons to look elsewhere.
Across the world, there has been a temporary hollowing out of downtown cores
as a significant number of businesses have laid off staff, or they have moved to a
remote working setup where their employees work from home. While this is
particularly noticeable in larger centres in Canada such as Toronto and Calgary,
154
smaller cities are feeling the effects of a lack of workers in their central business
districts. Pedestrian counts in Uptown Saint John are down approximately 50%
and remote working is a significant contributor to this.
Organizations such as Uptown Saint John, in conjunction with Hotspot have also
encouraged supporting businesses within the South -Central Peninsula by offering
one hour of free parking during typical high traffic times, such as the Christmas
Holiday season or during special events like the Moonlight Bizarre. Most recently,
Uptown Saint John utilized this same strategy on four separate days in June of
2020, to encourage increased traffic in the uptown core, resulting in greater
traffic/presence at the Uptown businesses. Both Uptown Saint John and the Saint
John Parking Commission have received positive feedback during such initiatives.
Common Council implemented the municipal economic and recovery [ENCORE]
program in May 2021 to support recovery from COVID. In order to stimulate more
visitors to our uptown core for the Winter of 2021, staff are recommending that
the City implement a temporary On -Street Parking Subsidy Program as a one-time
pilot program.
The goal of this parking subsidy program would be to increase the number of
patrons visiting businesses over the winter months. This would be done by
providing one -hour of free on -street parking daily to any one with the Hot Spot
application. This small subsidy would only be for on -street metered spaces.
The Saint John Parking Commission estimates that the cost of this program will
likely amount to $600 per day. Staff are recommending capping the budget for the
program at $35,000 with a minimum of 85% of funds to be used to provide the
actual subsidy. If less funds are spent on marketing and administration, they will
be used to provide free parking.
Staff have proactively reached out to Uptown Saint John regarding their interest
in supporting the program.
Uptown Saint John has expressed interest in leading this initiative as this aligns
with their mandate. Staff believe that Uptown SJ has the experience and resources
to properly implement this program and it also represents a new opportunity for
collaboration to support our Business Improvement Area. Staff negotiated with
Uptown SJ the parameters of the program and the conditions of funding, including
the requirement that the City's support is recognized in all public communications.
Uptown Saint John Inc will administer the program in partnership with the City,
including coordinating all branding and marketing.
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The program will be rolled out shortly upon adoption by Council with a start date
that coincides with the City's return to the "Orange Phase" under the Provincial
Health Mandatory Order. Staff will work with Uptown Saint John to adjust the
program as required to reflect the Provincial Mandatory Order. Staff are
recommending that the Program be run until March 315t, 2021 or until the pool of
funds designated for the program is used, whichever comes first.
This program is not to be seen a pre-curser to a discussion on the City entertaining
free parking or providing ongoing parking subsidies; it is simply a temporary and
one-time program to help our local businesses weather the storm of the current
pandemic and draw more customers to their doors.
Staff will be working with our other Growth partners including the Chamber, and
the new Regional Economic Development Agency to ensure awareness,
alignment, and assistance in promoting the program to the public. Staff believe
there are considerable marketing synergies with our partners and will be working
closely with them on the marketing of the program. Initial feedback from our
partners has been positive and generally supportive of the concept. They have also
committed to promote the program to their stakeholders.
Staff will carefully monitor the metrics of the program and will receive frequent
updates from Uptown Saint John as to the utilization of this program by the public.
If these metrics are not illuminative enough to demonstrate the impact of the
program, staff will pursue other means of evaluating program outcomes and
efficacy. For the duration of the program, staff will work with Uptown Saint John
to make any adjustments needed to ensure a successful outcome and will report
back to Council in the Spring on the overall impact and outcome of the program.
Finally, when Council adopted the objectives and criteria (see below) to access
funds earmarked for recovery efforts in May 2020, the staff report indicated that
the fund would not be used to "offset municipal administrative fees (only
expectational situation could be considered. "At the time, staff were not
supportive of a free -parking option, as it could lead to community demands for
more permanent subsidies parking, and consequently, impacts to the City's
revenue streams. Today, with the known challenges faced by local businesses and
the added difficulty of stimulating economic activity during the slower winter
months, staff believe this is valuable program to pursue, on condition that it is
considered a one-time pilot, funds from the Growth Reserve offset the projected
parking revenue losses, and finally, that it is tied to a marketing campaign to entice
customers to shop at the local businesses within the business district of the
Central Peninsula.
Council Approved Municipal ENCORE Program Objectives
A. All investments must be evaluated through the Recovery Program
Evaluation Criteria;
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B. Align with the City's Economic and Community Recovery efforts;
C. Receive policy -level approval from Growth Committee and Common
Council for distribution;
D. Support the City's efforts to enable employment, population, tourism and
tax base growth;
E. Support programming in the commercial and cultural districts most
impacted by COVID-19;
F. Support recovery funding programming from today until 2021, while
adhering to varying degrees of social distancing;
G. Attempt to leverage additional funding, partnership and innovative
programming from the community, private sector, and federal/provincial
through the municipal investment;
H. Focus on municipal programming, assets, facilities, and investments;
I. Focus on areas of municipal authority.
Council Approved Municipal ENCORE Program Criteria
1. Support increase volume of potential customers/clients in commercial
district (hotels, restaurants, retail, non -profits, arts and culture
organizations, etc.);
2. Support the largest quantity of impacted organizations/businesses and
uphold fairness in program delivery;
3. Internal capacity to support and execute initiative;
4. Ability to easily pilot option to assess expandability or discontinuation;
5. Affordable to implement from a goods and services perspective;
6. Option must ensure the safety of users;
7. Relative feasibility of implementation (authority, public engagement,
procurement, planning, staff time, approvals);
8. Initiative must be temporary and cannot result in recurring expenses for
the City of Saint John.
SERVICE AND FINANCIAL OUTCOMES
The Saint John Parking Commission estimates the subsidy will cost approximately
$600/day. It is estimated that the subsidy for the City's on -street parking subsidy
program will cost approximately $3,000 per week and the marketing will cost up
$5,000, for a total program cost of $35,000. Any funds not used for marketing
will be used to provide the free parking subsidy.
Uptown Saint John will manage the overall program in partnership with the City,
and staff will negotiate the terms with them to outline the parameters of the
program. Any funds paid to Hot Spot through Uptown Saint John will be returned
to the City as parking revenue. Staff recommend that approximately 85% of any
funds spent be allocated to the parking subsidy, while 15% remain for marketing
and administrative costs. At this rate, if 35,000 is spend on the program, the City
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will realize $30,000 in revenue and a significant increase in visitors to our
Uptown Core.
Council approved up to $546,267.20 to be used for the Municipal ENCORE
Program from Growth Reserve. Council allocated $100,000 in funds towards a
first suite of initiatives in the summer of 2020 including: Open Streets, the Night
Market; Pop Uptown Park; Loyalist Plaza; Artistic Picnic Tables; and 15-Minute
Parking Spaces.
The on -street parking subsidy pilot program is one of several 'round two'
initiatives that staff will be introducing to Growth Committee and Council this
Winter and Spring.
With the adoption of this initiative, there remains $411,267.20 available in the
Municipal ENCORE Program for further recovery initiatives.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
This report has been drafted in consultation with Growth and Community
Services, Strategic Services, the City Manager's Office, the City Clerk's Office, the
General Counsel's Office and the Saint John Parking Commission.
Staff also consulted with Uptown Saint John, The Chamber, and the New Greater
Saint John Regional Economic Development Agency
ATTACHMENTS
Presentation: On Street Parking Subsidy Pilot Program
158
On Street
Parkin
yProgram
g Subsid Pilot
25 January 2021 �`—
SAINT JOHN
0001,
159
• Winter is usually the most financially challenging time for small and
medium businesses in our uptown core. Businesses are facing
additional hardship this year due to COVID-19 and are at a higher
risk of serious financial loss or permanent closure.
• Pedestrian counts in Uptown Saint John are down approximately
50% and working from home is a significant contributor to this.
160 --)-
SAINT JOHN
• Council adopted the Municipal Economic and Community
Recovery [ENCORE] Program on May 25, 2020 and allocated
$546,000 to this fund.
• On January 12, 2021 The Growth Committee recommended
seeking council's approval for a one-time pilot program to
stimulate increased traffic within the uptown core, by
providing up to one hour free on street parking through the
Hotspot App.
161 Q-)--
SAINT JOHN
• The goal of this parking subsidy program would be to increase the
number of patrons visiting businesses over the winter months. This
would be done by providing one -hour of free on -street parking
daily to anyone with the Hot Spot app. This small subsidy would
only be for on -street metered spaces and would end March 31,
2021 or until the funds allocated are depleted.
z
162
Q-)
SAINT JOHN
• Most recently, Uptown Saint John utilized this same strategy
on 4 separate days in June of 2020, to encourage increased
traffic in the uptown core, resulting in greater
traffic/presence at the Uptown businesses.
• Staff approached Uptown Saint John to see if they would be
interested in running the program on the City's behalf.
• Uptown Saint John has agreed to run the program at a cost
of $35,000 and will manage the marketing and
administration
4P (I
SAINT JOHN
BUSINESS IMPROVEMENT ASSOCIATION
163
Q--)-
SAINT JOHN
• The Saint John Parking Commission estimates the cost of this
program to be approximately $600 per day.
• Staff are recommending capping the overall budget at $35,000 with
85% of funds being directed to be used for the subsidy, and no
more than 15% of funds being used for Administration and
Marketing costs
• The Program will only be offered if the region is not in lockdown or
Red Phase
• Staff
are recommending that the Program
be run
until March 315t,
2021
or until
the
pool
of
funds
designated
for the
program are
exhausted, whichever comes first.
• Approximately $30,000 will be returned to the City as parking
revenue
164
Q--)-
SAINT JOHN
• Staff have connected with our local growth partners, including
Uptown Saint John, the Chamber, and the new Regional Economic
Development Agency to ensure awareness, alignment, and
assistance in promoting the program.
• Our partners have all agreed to promote the pilot program to their
stakeholders.
• In the event Council proceeds with the proposal, staff will work
with Uptown Saint John on a Memorandum of Understanding and
will be prepared to launch the program once the City moves into
Orange Phase.
165 --)-
SAINT JOHN
166 rr
SAINT JOHN
COMMON COUNCIL REPORT
M&C No.
MC 2021-11
Report Date
January 18, 2021
Meeting Date
January 25, 2021
Service Area
Growth and Community
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Fundy Winterfest
AUTHORIZATION
Primary Author
Commissioner/Dept. Head
City Manager
Emilie Murphy
Jacqueline Hamilton
I John Collin
RECOMMENDATION
Your City Manager recommends Common Council receive this report for
information.
EXECUTIVE SUMMARY
There is no time more important than this year to highlight the positive impacts
of recreation and taking care of our physical and mental health. We are
fortunate to have so many gems for outdoor recreation and reflection within the
Fundy region. The organizers of Fundy Winterfest, which is a 7-year running
collaboration between Saint John, Rothesay, and Quispamsis, have come up with
an exciting approach to continue to promote winter wellness and recreation in
our region in a COVID responsible way. Activities will be virtual or self -directed
in nature, adhering to the guidelines of the Provincial Mandatory Order, and
taking place over the course of a full month rather than on specific event dates.
PREVIOUS RESOLUTION
N/A.
REPORT
There is no time more important than this year to highlight the positive impacts
of recreation and taking care of our physical and mental health. We are
fortunate to have so many gems for outdoor recreation and reflection within the
Fundy region. The organizers of Fundy Winterfest, which is a 7-year running
collaboration between Saint John, Rothesay, and Quispamsis, have come up with
an exciting approach to continue to promote winter wellness and recreation in
our region in a COVID responsible way. The idea is to change from having each
167
municipality 'own' a certain date and providing an event, to creating an app-
guided 'treasure hunt' adventure intended to highlight different locations and
potential activities throughout the month of February.
The Winterfest Facebook page will be the hub of information.
'Warm up to Winterfest' (Jan. 24 — Jan. 31)
'Warm up to Winterfest' is typically a collaboration with Fundy Wellness at
Market Square where various groups can set up booths to promote their
wellness programs. This year, there will be virtual booths on a Facebook event
page. The virtual booths will be open to many wellness and activity groups,
newcomer associations, and the municipalities. Each 'booth' will have links to
their activities and associations, and a phone number where people can call to
receive more information. As a promotion, each Mayor will be invited to do a
quick video of themselves participating in their favourite winter activity.
Fundy Winterfest (Jan. 30 — Feb. 28)
In previous years, Winterfest would involve a large-scale event in each
community under the 'Fundy Winterfest' regional partnership. This year, the
event will be entirely virtual and self -guided, encouraging people to enjoy winter
activities within their bubbles. All participants will be reminded to adhere to
Provincial guidelines when visiting parks and other outdoor spaces.
Specific activities include:
• Community Gem Scavenger Hunt app — A scavenger hunt throughout the
city with your phone that gathers 'gems' for each location you visit.
Locations that were chosen by staff for the app were done so to ensure
that families with children could access them easily, they were no -cost
locations, and highlighted various communities and recreational/cultural
opportunities within the city. Staff will be able to gather statistics from
the app to see how many residents participated in the events.
• Photography contest on Instagram and Facebook promoting winter
activities and scenery throughout the city (Instagram account:
@Fundywinterfest).
• Prize Tote Contest — Each app player, activity attendee, or photography
submission will be entered to win one of two prize totes.
• Sharing of COVID-friendly activities that groups (astronomy, winter
cycling, ice fishing, etc.) are organizing.
• Promote and encourage Winterfest themed specials that restaurants and
local businesses can offer.
-3-
It should be noted that all activities are compliant with 'Red' Phase of the
Province's Public Health Mandatory Order and communications will include a
reminder to participants to abide by all requirements of the Provincial
Order. The roll -out will be monitored and programming adapted should any
further changes occur to the Provincial Order.
STRATEGIC ALIGNMENT
This project supports Council's priorities to invest in art, culture, and recreation
experiences that create a sense of community pride.
SERVICE AND FINANCIAL OUTCOMES
The total cost to the City of Saint John for this initiative will be approximately
$1,250.00. This funding is covered under recreation programming, included in the
Growth and Community Services 2021 Operating budget.
With 'Warm up to Winterfest' being exclusively online and not at Market Square,
staff have managed to eliminate any costs traditionally associated with this event.
The cost for the 'Community Gem Scavenger Hunt' app is being shared equally
between the three municipalities (Saint John, Quispamsis, and Rothesay).
Additional details:
Activity
Details
Cost
Warm up to Winterfest
Mayor Promotional Video, and
$0
coordination of existing
specials and offerings from
local organizations and
Businesses. Potential to help
local businesses and offer
citizens an opportunity to see
what options are available for
winter activities and may also
include arts and cultural
activities.
Community Gem
Similar to 'Pokemon Go',
$1,000 from each
Scavenger Hunt App
downloaders will see gems
municipality
overlayed on their screen with,
for instance, the King Square
bandstand. Once you walk
through the Gem, you get the
points. There will be 10
169
-4-
locations per municipality, and
organizers will know which
players are from which
municipality based on sign-up
information. This app has the
potential to be reused in the
summer and at future dates;
however, a small additional
server fee would apply.
Photography Contest
Prizes will be purchased from
$250 from each
and Entries Prizes
local businesses, such as City
municipality
Market money, restaurants,
and recreation service
providers (snowshoe rentals,
etc.). Any additional money
would go toward wood for an
outdoor wood fireplace outside
of Lily Lake, for use when
COVID guidelines permit.
TOTAL COST
$1,250
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
N/A.
ATTACHMENTS
N/A.
170
From: Muriel Buckley
Sent: January 20, 2021 2:46 PM
Subject: Expressing Support to Ban Nuclear Weapons
January 20, 2021
Mr. Wayne Long, MP (Saint John-Rothesay)
Ms. Arlene Dunn, MLA (Saint John Harbour)
Mayor Don Darling, Saint John
Deputy Mayor Shirley McAlary and
Saint John City Councillors
This Friday, January 22 marks the historic day when the United Nations Treaty on
the Prohibition of Nuclear Weapons enters into force. To date, more than 8,000
mayors of cities around the world have called for the abolition of these deadly
weapons which threaten human civilization and most other life forms on earth.
I am grateful to see Rothesay included among these municipalities. However, I
regret that Canada has not signed this vital international treaty, while Saint John
is not officially among municipalities calling for a nuclear weapons ban. I have
written to Prime Minister Justin Trudeau and am also reaching out to you.
I strongly urge you to make your voices heard on this matter. Please ensure that
Saint John officially declares clear support for the abolition of nuclear
weapons. More information is available here:
http://www.mayorsforpeace.org/english/
Thank you for considering this important matter.
Sincerely,
Muriel Buckley
Saint John
171
From: Roma De Robertis
Sent: January 17, 2021 8:37 PM
Subject: Support UN Treaty to Ban Nuclear Weapons
January 17, 2021
Mr. Wayne Long, MP (Saint John-Rothesay)
Ms. Arlene Dunn, MLA (Saint John Harbour)
Mayor Don Darling, Saint John
Deputy Mayor Shirley McAlary and
Saint John City Councillors
This Friday, January 22 marks the historic day when the United Nations Treaty on
the Prohibition of Nuclear Weapons enters into force. To date, more than 8,000
mayors of cities around the world have called for the abolition of these deadly
weapons which threaten human civilization and most other life forms on earth. I
am grateful to see Rothesay included among these municipalities.
I regret that Canada has not signed this vital international treaty, while Saint John
is not officially among municipalities calling for a nuclear weapons ban. I have
written to Prime Minister Justin Trudeau and am also reaching out to you.
I strongly urge you to make your voices heard on this matter. Please ensure that
Saint John officially declares clear support for the abolition of nuclear
weapons. More information is available here:
http://www.mayorsforpeace.org/english/
Thank you for considering this important matter.
Sincerely,
Roma De Robertis
172
M&C No.
# found on Sharepoint
Report Date
January 22, 2021
Meeting Date
January 25, 2021
Service Area
Choose an item.
SUBJECT: Option Agreement Amendments
EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN
SESSION OF COUNCIL
As the City enters into year two of its Option Agreement, several amendments are
required to same in order to address circumstances unforeseen at the time of preparing
the Option Agreement. The amendments are attached to this report.
COUNCIL RESOLUTION
RESOLVED that Common Council approve Amendment #4 to the Option Agreement
entered into on December 191", 2019 between the City and Fundy Quay Developments
Inc. in the attached form and, further, that the Mayor and City Clerk be authorized to
execute the said Amendment #4.
173
AMENDMENT No. 4
To
"FUNDY QUAY" OPTION TO LEASE AGREEMENT
THIS AGREEMENT made in duplicate this day of January, 2021;
BETWEEN:
THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and
amended by Acts of the Legislative Assembly of the Province of New
Brunswick, maintaining its City Hall at 15 Market Square, Saint John, NB E21-
4L1(the "City")
-and-
FUNDY QUAY DEVELOPMENTS INC., a body corporate duly registered under
the laws of the Province of New Brunswick, maintaining its registered office at
37 Rothesay Park Rd., Rothesay, NB, E2E 5T7 ("Developer")
PREAMBLE:
A. The Parties entered into an Option to Lease the lands and premises known as "Fundy
Quay" in the City of Saint John dated December 19, 2019, with a view to enable the
Developer to develop Fundy Quay to accommodate a mix of uses (the "Option").
B. On March 30, 2020, the Parties executed Amending Agreement No. 1 to the Option
which amends section 2.2(b) of the Option to extend the timeline for the Parties to
settle the final form of the Lease to "on or before May 29, 2020".
C. On June 9, 2020, the Parties executed Amending Agreement No. 2 to the Option
which amends section 2.2(b) of the Option to extend the timeline for the Parties to
settle the final form of the Lease to "on or before August 7, 2020".
D. On December 14, 2020, the Parties executed Amending Agreement No. 3 to the
Option which amends sections 2.2(b), 2.3(a), 2.3(b), 2.6(a), and 3.2 of the Option to
effect several changes agreed to by the Parties.
174
E. The Parties now wish to further amend the Option in the manner set out herein.
F. The Parties therefore agree as follows:
Interpretation
1. Capitalized terms used but not defined in this Agreement shall have the respective
meanings given to them in the Option.
Amendments
1. The Parties agree to amend section 2.2(a) of the Option by deleting paragraph (ii) and
replacing it with the following:
"(ii) The Parties also agree that in the event -the Owner receives the funding referenced
at s. 4.2 and undertakes the work contemplated at s. 4.1(b) and (c) but does not
complete the entirety of it before the expiry of the Option Period, then in such an event,
the rent provisions of the Lease will be revised to reflect a temporary reduction to the
Rent for each month the entirety of the said work is not substantially complete."
2. The Parties agree to amend section 2.2(a) of the Option by adding the following
paragraph (iii) immediately following paragraph 2.2(a)(ii):
"(iii) The Parties also agree that in the event that the Owner completes the
infrastructure work over the area of the Site described at paragraph 2.4(c)(i) but
does not complete the infrastructure work for the remainder of the Site, and the
Developer elects to exercise its Option, the rent provisions of the Lease will be
revised to reflect a temporary reduction to the Rent for each year that the
infrastructure work on the remainder of the Site is not substantially complete. Such
temporary Rent reduction shall be a proportional reduction based on the actual
square footage of the Site upon which the infrastructure work has been completed,
and to which the Developer has full and unencumbered access to commence
construction, as compared to the total square footage of the Site.
3. The Parties agree to amend section 2.2(b) of the Option by deleting the words "on or
before January 31, 2021" and replacing them with "on or before February 26, 2021."
4. The Parties agree to amend section 2.3(a) of the Option by deleting the words "on
January 30, 2021" and replacing them with "on February 26, 2021."
5. The Parties agree to amend section 2.3(b) of the Option by deleting the words
"commencing on January 31, 2021" and replacing them with "commencing on
February 26, 2021." Furthermore, the Parties agree to amend section 2.3(b) of the
175
Option by deleting the words "payable on or before January 31, 2021" and replacing
them with "payable on or before February 26, 2021."
6. The Parties agree to delete section 2.4(c) of the Option and to replace it with the
following:
"c) In the event that the owner does not complete the public infrastructure
construction contemplated at section 4.1 over the area of the Site described in
paragraph i. below before the expiry of the Initial Option Period, upon service of
the Extension Notice, the Owner shall grant the Extension Period;
i. An area beginning in the south-east corner of PID 55235113 adjacent
to Water Street and extending west along the seawall to the south-
western corner of PID 55235113, the width of which is measured 55
meters north of the south-western corner of PID 55235113 and
extends perpendicular to Water Street, as depicted in orange on the
map attached hereto as Schedule "A"."
7. The Parties agree to amend section 2.6(a) of the Option by deleting the words "on
January 31, 2021" and replacing them with "on February 26, 2021."
General Provisions
8. Except as expressly amended, modified and supplemented hereby, the provisions of
the Option are and remain in full force and effect and shall be read with this Agreement
mutatis mutandis.
9. This Agreement may be executed in counterparts, in which case (i) the counterparts
together shall constitute one agreement, and (ii) communication of execution by fax or
electronic transmission shall constitute good delivery.
10.This Amending Agreement is for the benefit of and binds the Parties and their
successors and permitted assigns.
[signature page to follow]
176
IN WITNESS WHEREOF the Parties have executed this Agreement.
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution Date: January
25, 2021
FUNDY QUAY DEVELOPMENTS INC.
11
Name: Chris Elias
Title: VP - Operations
177
Schedule "A"
Map of the area described at section 2.4 c) i.
■
' 7
AV
•10
r
r
178
COMMITTEE OF THE WHOLE REPORT
M&C No.
# found on Sharepoint.
Report Date
January 20, 2021
Meeting Date
January 25, 2021
Service Area
Growth and Community
Services
His Worship Mayor Don Darling and Members of Common Council
SUBJECT: Interim Funding - Regional Economic Development Agency of Greater
Saint John
CLOSED SESSION DISCUSSION REASON
This matter is to be discussed in closed session pursuant to the provisions of
subsection 68(1)(c) of the Local Governance Act.
OPEN SESSION RESOLUTION REQUIRED?
Yes, resolution and Public Report from Committee of the Whole to be added to
open session
AUTHORIZATION
Primary Author Commissioner/Dept. Head City Manager
Jacqueline Hamilton John Collin
RECOMMENDATION
Staff recommend that Committee of the Whole:
Approve the Payment Agreement between the City and the New Regional
Economic Development Agency for Greater Saint John for services to be
delivered during the month of February in the form attached as Schedule
"A" and, further, that the Mayor and City Clerk be authorized to execute
the said agreement.
EXECUTIVE SUMMARY
The five municipalities of Saint John, Grand Bay -Westfield, Hampton, Quispamsis,
and Rothesay have voted unanimously to accept a new operating model for an
innovative Regional Economic Agency for Greater Saint John to be established by
January 1, 2021 (the "Agency"). Since the City's endorsement of the proposed
regional economic development model in July of 2020, significant progress has
been made to get the Agency up and running while winding up the operations of
the three existing agencies, Develop Saint John, Discover Saint John and Economic
Development Greater Saint John, that together currently provide services of the
nature that will be provided by the Agency.
179
QDS'am2T low
Despite the collective best efforts of all parties, the respective agreements that
define service expectations, governance and funding terms between the member
municipalities and the new Agency were not able to be finalized in time for the
January 1st start-up. In December, the City of Saint John and each of the member
municipalities agreed to provide funding to support ongoing economic
development service delivery while the agreements are being finalized in order to
support the new Agency's operational needs. The City's commitment was to
provide funding for the month of January, subject to the agreements being
finalized and presented to Council on January 25t", 2021.
As of the writing of this report, there are no major outstanding issues with the
agreements, however, additional time is needed to finalize the draft language
before seeking Council approval. Staff would therefore recommend that the City
provide another month of funding to support the ongoing operations and service
delivery of the Agency. This report recommends the adoption of a Payment
Agreement that will provide a prorated portion of the anticipated Annual
Operating Grant for the month of February 2021 to give additional runway for the
Agency and the member municipalities to finalize their respective agreements.
On July 20, 2020, the following resolution was passed:
RESOLVED that Common Council adopt the new aligned regional economic
development framework as presented in Attachment A;
Common Council direct the City Manager to proceed with the necessary support
from the City of Saint John to the Economic Development Advisory Council to
enable the transition plan into the new aligned regional economic development
framework as outlined in Attachment A;
Common Council refer the budget expectations of the new aligned regional
economic development framework outlined in Attachment A to the Finance
Committee and to integrate in upcoming operating budgets (2021-2025); and,
Common Council direct the City Manager to send a letter confirming the City of
Saint John's commitment towards the aligned framework to the Economic
Development Advisory Council.
STRATEGIC ALIGNMENT
Growth and Prosperity is one of the key outcomes established by Common Council
2016-2021, and the adoption of the new regional economic development agency,
and the subsequent wind -down of the old agencies, will position the City to
achieve new levels of growth.
QDS'am2T low
REPORT
The five municipalities of Saint John, Grand Bay -Westfield, Hampton, Quispamsis,
and Rothesay have voted unanimously to accept a new operating model for an
innovative Regional Economic Development Agency for Greater Saint John to be
established by January 1, 2021. As a follow-up to Council's endorsement of the
new regional economic development model on July 20, 2020, significant progress
has been made to establish the Agency. This has included the hiring of a transition
coordinator, the recruitment and appointment of the Agency's Board of Directors,
incorporation of the Agency and the preparation of its governing bylaws and
policies, the appointment of a CEO, the wind down of the former agencies and the
transition of staff to the new entity and the finalization of negotiations to
formalize the governance and funding arrangements for the new entity.
Despite the collective best efforts of all parties, the respective agreements that
define service expectations, governance and funding terms were not able to be
finalized in time for the commencement of the Agency's operations on January
111. In December, each of the regional municipalities approved interim
arrangements to provide a portion of their funding to ensure continuity in
economic development service delivery while the agreements are being finalized.
In the case of the regional municipalities of Grand Bay, Hampton, Quispamsis and
Rothesay, their approval was to provide 25% of their 2021 funding commitment
on January 15t. Council on December 215t approved an Agreement to provide
funding prorated for the month of January of 2021 from the overall commitment
that is expected to attach to the 2021 calendar year. The disbursement of one
month of the City's yearly commitment was deemed appropriate given the City's
significant financial commitment. The approval was conditional upon the
respective service agreements being approved by Council by the end of January —
more specifically at its meeting of January 25t", 2021.
Since this approval, the Agency and the regional municipalities have been
finalizing negotiations on the agreements and while there are no major
outstanding issues, additional time is needed to prepare the final agreements for
approval of the respective Councils. It is therefore recommended by staff that an
additional Agreement be approved to provide funding for the month of February
to give additional time for the Agency and the member municipalities to finalize
their respective agreements.
SERVICE AND FINANCIAL OUTCOMES
The City's approved 2021 budget includes funding for the City's contribution
towards Regional Economic Development Agency of Greater Saint John in the
amount of $1.7 Million ($1,630,185 plus HST). The Agreement would provide
another 1/12 contribution for the month of February 2021, which amounts to
$135,848.75 plus HST. It should be noted that there is some risk in approving
181
the Agreement that the City may not be able to recapture these funds in the
event the members cannot come to a final agreement.
INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS
The recommended Agreement has been drafted and reviewed by General
Counsel's Office subject to policy advice and direction from the City Manager,
Chief Financial Officer and the Commissioner of Growth & Community Services.
The arrangement is being proposed as a result of engagement with the Agency
and its member municipalities.
ATTACHMENTS
Schedule "A" — Payment Agreement between the City and the Agency.
182
Between
And
PAYMENT AGREEMENT
New Regional Economic Development Agency for Greater Saint John, a
company incorporated pursuant to the Canada Not -for -Profit Corporations Act,
S.C. 2009, c. 23, having its head office in the City of Saint John in the Province of
New Brunswick, hereinafter the "Agency"
The City of Saint John, a body corporate by Royal Charter, confirmed and
amended by Acts of the Legislative Assembly of the Province of New Brunswick,
having its office in the City of Saint John in the Province of New Brunswick,
hereinafter the "City"
WHEREAS the City of Saint John, the Town of Quispamsis, the Town of Rothesay, the Town of Grand Bay -
Westfield and the Town of Hampton (together, the "Municipal Partners") have come together to establish
the Agency in order to drive a coordinated approach to economic development and tourism pursuant to
the mandate generally described in the document entitled "Collaborating to Ensure the Municipalities in
Greater Saint John Will Prosper in the 2020s: A New Economic Development Model" (the "Prospectus");
AND WHEREAS the Agency has been established and began operating on January 1s', 2021 in furtherance
of the goals, objectives, responsibilities and obligations more particularly identified in the Prospectus;
AND WHEREAS the Municipal Partners and the Agency are working to conclude a series of bilateral
Funding Agreements between each of them and the Agency as well as a Members' Agreement to which
the Agency and the Municipal Partners will all be parties;
AND WHEREAS the Agency is carrying out the goals, objectives, responsibilities and obligations more
particularly identified in the Prospectus and has been doing so since it began operating on January 1s',
2021;
The Parties hereby agree as follows:
1. The City shall provide to the Agency the sum of One Hundred and Thirty -Five Thousand Eight
Hundred and Forty -Eight Dollars and Eighty -Five Cents ($135,848.75) plus HST on or before
February V, 2021, which represents 1/12 of the Annual Operating Grant for 2021 that will flow
from the City to the Agency on a quarterly basis as contemplated in the Prospectus (the
"Payment").
2. It is understood and agreed that the Payment shall be used to support the operations of the
Agency in furtherance of the Prospectus until the Funding Agreements and the Members'
Agreement referenced more particularly in the recitals hereto are concluded between the Parties.
3. It is further understood and agreed that the Payment shall be credited against the first quarterly
instalment of the Annual Operating Grant resulting from the adoption of the Funding Agreement
183
between the City and the Agency and that such Payment shall be accounted for in the Funding
Agreement.
4. It is further understood and agreed that the City requires the Funding Agreement and the
Members' Agreement to be fully negotiated and ready to present to the City's Common Council
with a recommendation to approve same at a meeting of Common Council scheduled in February
of 2021 and that the Agency shall take every necessary step to achieve this outcome against such
timeline.
Agreed January , 2021, on behalf of:
Witness
Witness
NEW REGIONAL ECONOMIC DEVELOPMENT AGENCY
FOR GREATER SAINT JOHN
Per• _
Name:
Title:
Per:
Name:
Title:
THE CITY OF SAINT JOHN
Per•
Don Darling
Mayor
Per•
Jonathan Taylor
City Clerk
Resolution Date: January 251", 2021
HE