city of saint john common council meeting agenda com… · · 2014-03-12city of saint john common...

City of Saint JohnCommon Council Meeting

AGENDA

Tuesday, March 18, 20146:00 pm

Council ChamberPlease use Chipman Hill entrance

S'il vous plaît utiliser l'entrée Chipman HillSi vous avez besoin des services en francais pour une réunion de Conseil communal, veuillez contacter le

bureau du greffier communal au 658-2862.

Pages

1. Call to Order - Prayer

2. Approval of Minutes

2.1 Minutes of February 24, 2014 2 - 3

2.2 Minutes of March 3, 2014 4 - 13

3. Approval of Agenda

4. Disclosures of Conflict of Interest

5. Consent Agenda

5.1 Public Information Session: Hillcrest Drive - Street Reconstruction(Recommendation: Receive for Information)

14 - 16

5.2 Public Information Session: Prince William Street (Princess Street and DukeStreet) - Water, Sanitary and Storm Sewer Renewal and Street Reconstruction(Recommendation: Receive for Information)

17 - 19

5.3 Lease of Roof Top – Saint Patrick Street Pedway (Recommendation in Report) 20 - 34

5.4 Saint John District Labour Council - Day of Mourning Proclamation Request(Recommendation: Prepare the Proclamation)

35 - 37

6. Members Comments

7. Proclamation

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8. Delegations / Presentations

9. Public Hearings

10. Consideration of By-laws

10.1 Third Reading Zoning ByLaw Amendment and Section 39 Conditions: 1942Manawagonish Road

38 - 40

10.2 Third Reading Zoning ByLaw Amendment and Section 39 Conditions: 811Grandview Avenue/220 Champlain Drive

41 - 43

10.3 Third Reading Zoning ByLaw Amendment 362 Charlotte Street West 44 - 45

11. Submissions by Council Members

11.1 FCM Update (Councillor Farren) 46 - 46

11.2 Health Care Savings for the Province of New Brunswick (CouncillorMacKenzie)

47 - 47

12. Business Matters - Municipal Officers

12.1 Engineering Inspection Services 2014 48 - 49

12.2 Borrowing Resolution 50 - 52

13. Committee Reports

13.1 Saint John Parking Commission - Traffic By-Law Fines (Tabled on March 3,2014)

53 - 58

14. Consideration of Issues Separated from Consent Agenda

15. General Correspondence

15.1 Letter from New Brunswick Dental Society 59 - 59

15.2 Letter from Marigold Committee - Guiness World Records Certificate 60 - 61

16. Supplemental Agenda

17. Committee of the Whole

18. Adjournment

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City of Saint John

Common Council Meeting

Tuesday March 18, 2014

Committee of the Whole

1. Call to Order

Si vous avez besoin des services en français pour une réunion de Conseil communal, veuillez

contacter le bureau du greffier communal au 658-2862.

Each of the following items, either in whole or in part, is able to be discussed in private pursuant

to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will

make a decision(s) in that respect in Open Session:

4:30 p.m. 8th

Floor Boardroom City Hall

1.1 Approval of Minutes 10.2(4)(b)

1.2 Fleet Update – City Manager (Tabled on March 4, 2014)

1.3 Land Matter 10.2(4)(d)

1.4 Employment Matter 10.2(4)(j)

1.5 Financial Matter 10.2(4)(c)

1.6 Legal Matter 10.2(4)(f,g)

1.7 Port Saint John Presentation (Mayor Norton)

1.8 Labour Matter 10.2 (4)(j) LTD Proposed Agreement (Report to Follow)

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98- COMMON COUNCIL/CONSEIL COMMUNAL

FEBRUARY 24, 2014/LE 24 FEVRIER 2014

COMMON COUNCIL MEETING – THE CITY OF SAINT JOHN CITY HALL – February 24, 2014 - 5:00 P.M.

Present: Mel Norton, Mayor

Deputy Mayor Rinehart and Councillors, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, and Norton.

Regrets: Councillors Reardon, Strowbridge and Farren

- and -

P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; Kevin Rice, Deputy Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner Growth and Community Development, A. Poffenroth, Deputy Commissioner Growth and Development; K. Clifford, Fire Chief; P. Anglin, Acting Deputy Common Clerk.

1. Call To Order – Prayer Mayor Norton called the meeting to order. 2. ZoneSJ Public Feedback Report and Draft Zoning By-law for Translation J. Hamilton introduced the presenters for the Zone SJ Report, Mark O’Hearn and Stacey Forfar.

On motion of Councillor McAlary Seconded by Deputy Rinehart

RESOLVED that the Report entitled, Zone SJ Public Feedback Report be received for information.

Question being taken, the motion was carried.

On motion of Councillor Lowe Seconded by Councillor McALary

RESOLVED that the draft Zoning By-law be referred to the City Manager for translation in preparation for the formal adoption process to commence summer 2014.

Question being taken, the motion was carried with Councillor Fullerton voting nay. 3. D. and J. Griffin Letter re Red Head Property

On motion of Councillor McAlary Seconded by Councillor Norton

RESOLVED that the letter from D. and J. Griffin be received for information.

Question being taken, the motion was carried. 18. Adjournment

On motion of Councillor MacKenzie Seconded by Councillor Merrithew

Resolved that the meeting be adjourned. The Mayor declared the meeting adjourned at 7:30 p.m.

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98- COMMON COUNCIL/CONSEIL COMMUNAL FEBRUARY 24, 2014/LE 24 FEVRIER 2014

Mayor / maire Common Clerk / greffier communal

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MARCH 3, 2014/LE 3 MARS 2014

COMMON COUNCIL MEETING – THE CITY OF SAINT JOHN CITY HALL – MARCH 3, 2014 - 6:00 P.M.

Present: Mel Norton, Mayor

Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge

- and -

P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; B. Keenan, Engineering Manager; J. Hamilton, Commissioner of Growth and Development; A. Poffenroth, Deputy Commissioner Growth and Development; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk.

1. Call To Order – Prayer Mayor Norton called the meeting to order and Rev. Greg Dakin of the First Wesleyan Church offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of February 17, 2014

On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the minutes of the meeting of Common Council, held on February 17, 2014, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Deputy Mayor Rinehart

Seconded by Councillor McAlary RESOLVED that the agenda of this meeting be approved with the addition of items: 16.1 Owner’s Engineer – Safe, Clean Drinking Water; 16.2 Sustainable Service Review; 16.3 2014 World Women’s Curling Championship; 16.4 Design and Construction Management: Douglas Avenue, Ford Avenue, Glengarry Drive and Visart Street – Water, Sanitary and Storm Sewer Main Installation; 16.5 Saint John Parking Commission – Traffic By-Law Fines; 17.1 Recommended Appointments to Committees; 17.2 Fluoridation of Water – 2014 Operating Budget; and 17.3 J. Bezanson re Retirement Pension. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest The Mayor declared a conflict of interest with item 17.3 J. Bezanson re Retirement Pension. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M&C 2014-13: Consulting Engineering Agreements with GENIVAR Inc.: Common Council authorize the following Agreements be assigned from GENIVAR Inc. to WSP Canada Inc.: 1. Simms Corner Reconfiguration 2006-083609P. 2. Milford Storm Sewer Separation Projects 2010-0836-F. 3. Robertson Lake Dam Upgrades and Latimer Lake Dam Assessment 2012-091501P.

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98- COMMON COUNCIL/CONSEIL COMMUNAL MARCH 3, 2014/LE 3 MARS 2014

4. Somerset Street (Wellesley Avenue to Samuel Davis Drive) Storm Sewer Installation and Street Reconstruction 2012-0836-B. 5. Duke Street (Wentworth Street to Crown Street) Street Reconstruction 2013-091507P. 5.2 That report M&C 2014-15: Reimbursement of Costs for Remedial Actions - Unsightly Premises and Dangerous Buildings and Structures By-law, be received for information. 5.3 That the Saint John and Western District Crime Stoppers request for funding be approved for $500.00. 5.4 That the request from the UNBSJ African Caribbean Society at UNBSJ for sponsorship be approved for $300.00. 5.5 That the letter from J. Williamson Letter regarding Partridge Island be received for information. 5.6 Refer to 14.1 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of item 5.6 which has been identified for debate, be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 World Plumbing Day - March 11, 2014 The Mayor proclaimed March 11, 2014 World Plumbing Day in The City of Saint John. 7.2 Nutrition Month - March 2014 The Mayor proclaimed March 2014 Nutrition Month in The City of Saint John. 10. Consideration of By-laws 10.1 Third Reading Traffic By-Law Amendment re Bike Routes On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by-law entitled, “A Law to Amend a By-Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto” amending Section 18 by adding subsection 18(3), adding Schedule M-3 and amending Schedule K – Truck Routes, be read. Question being taken, the motion was carried. The by-law entitled, “A Law to Amend a By-Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto”, was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by-law entitled, “A Law to Amend a By-Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto” amending Section 18 by adding subsection 18(3), adding Schedule M-3 and amending Schedule K – Truck Routes, be read a third time, enacted, and the Corporate Common Seal affixed thereto.

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MARCH 3, 2014/LE 3 MARS 2014

Question being taken, the motion was carried. Read a third time by title, the by-law entitled, “A Law to Amend a By-Law Respecting Traffic on Streets in The City of Saint John made under the authority of the Motor Vehicle Act, 1973, and amendments thereto”.

Question being taken, the motion was carried. 11.1 Recommendations for Proposed Signage By-law (Councillor McAlary)

On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that item 11.1 Recommendations for Proposed Signage By-law (Councillor McAlary), be referred to the City Manager.

Question being taken, the motion was carried. 8. Delegations/Presentations 9. Public Hearings 6:30 P.M. 9.1 Staff Presentation - 1942 Manawagonish Road 9.1.1 Proposed Zoning ByLaw Amendment - 1942 Manawagonish Road 9.1.2 Planning Advisory Committee Report Recommending Zoning ByLaw Amendment The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule “A”, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 5900 square metres, located at 1942 Manawagonish Road, also identified as being PID Numbers 55037733 and 00403030, from “RF” Rural to “I-1” Light Industrial with no letters of objection or support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff’s report considered at its February 18th, 2014 meeting at which the committee recommended the rezoning of a parcel of land located at 1942 Manawagonish Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with no one presenting.

On motion of Councillor Lowe Seconded by Councillor McAlary 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 5900 square metres, located at 1942 Manawagonish Road, also identified as being PID Numbers 55037733 and 00403030, from “RF” Rural to “I-1” Light Industrial, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.”

On motion of Councillor Farren

Seconded by Councillor Lowe 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 5900 square metres, located at 1942 Manawagonish Road, also identified as being PID Numbers 55037733 and 00403030, from “RF” Rural to “I-1” Light Industrial, be read a second time.

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Question being taken, the motion was 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 Staff Presentation: Zoning ByLaw Amendment 811 Grandview Avenue/220 Champlain Drive 9.2.1 Proposed Zoning ByLaw Amendment - 811 Grandview Avenue/220 Champlain Drive 9.2.2 Planning Advisory Committee Report Recommending Zoning ByLaw Amendment The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule “A”, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 1080 square metres, located at 811 Grandview Avenue/220 Champlain Drive, also identified as being PID Numbers 55089007 and 55088991, from “B-2” General Business to “RM-1” Three Storey Multiple Residential with letters of support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff’s report considered at its February 18th, 2014 meeting at which the committee recommended the rezoning of a parcel of land located at 811 Grandview Avenue/220 Champlain Drive as described above with Section 39 conditions. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with Ronald Larsen presenting.

On motion of Councillor McAlary Seconded by Councillor Lowe 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 1080 square metres, located at 811 Grandview Avenue/220 Champlain Drive, also identified as being PID Numbers 55089007 and 55088991, from “B-2” General Business to “RM-1” Three Storey Multiple Residential, be read a first time. Question being taken, the motion was carried with Councillor Merrithew voting nay. Read a first time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.”

On motion of Councillor 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 1080 square metres, located at 811 Grandview Avenue/220 Champlain Drive, also identified as being PID Numbers 55089007 and 55088991, from “B-2” General Business to “RM-1” Three Storey Multiple Residential, be read a second time. Question being taken, the motion was carried, with Councillor Merrithew voting nay. Read a second time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.” 9.3 Staff Presentation: Zoning ByLaw Amendment 362 Charlotte Street West 9.3.1 Proposed Zoning ByLaw Amendment - 362 Charlotte Street West 9.3.2 Planning Advisory Committee Report Recommending Zoning ByLaw Amendment The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule “A”, the Zoning Map of The City of Saint John, by re-zoning a parcel of land having an area of approximately 1970 square metres, located at 362 Charlotte

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MARCH 3, 2014/LE 3 MARS 2014

Street West, also identified as being PID Number 00392035 and a portion of PID Number 55061337, from “IL-1” Neighbourhood Institutional to “R-2” One and Two Family Suburban Residential with no letters of objection or support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff’s report considered at its February 18th, 2014 meeting at which the committee recommended the rezoning of a parcel of land located at 362 Charlotte Street West as described above. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with no one presenting.

On motion of Councillor Farren Seconded by Councillor McAlary 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 1970 square metres, located at 362 Charlotte Street West, also identified as being PID Number 00392035 and a portion of PID Number 55061337, from “IL-1” Neighbourhood Institutional to “R-2” One and Two Family Suburban Residential, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.”


Seconded by Councillor McAlary 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 1970 square metres, located at 362 Charlotte Street West, also identified as being PID Number 00392035 and a portion of PID Number 55061337, from “IL-1” Neighbourhood Institutional to “R-2” One and Two Family Suburban Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, “A Law to Amend the Zoning By-Law of The City of Saint John.” 9.4 Staff Presentation: Section 39 Amendment 229-231 Churchill Boulevard 9.4.1 Proposed Section 39 Amendment - 229-231 Churchill Boulevard 9.4.2 Planning Advisory Committee Report Recommending Section 39 Amendments The Common Clerk advised that the necessary advertising was completed with regard to amending the Section 39 conditions imposed on the September 14, 1998 rezoning of the property located at 229-231 Churchill Boulevard, also identified as PID Number 55096440, as amended on December 4, 2000, to amend or delete the conditions concerning the operation of facilities with a liquor licence with no letters of objection or support being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning staff’s report considered at its February 18th, 2014 meeting at which the committee recommended that Common Council approve the proposed amendment to the Section 39 conditions for the subject site. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with Stephen Tobias presenting.

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Seconded by Councillor McAlary RESOLVED that Common Council amend the Section 39 conditions imposed on the September 14, 1998 rezoning of the property located at 229-231 Churchill Boulevard, also identified as PID Number 55096440, as amended on December 4, 2000, by deleting conditions (a), (b), (c), (d) and (e) and replacing them with the following: (a) That the subject property be limited to one facility with a lounge liquor license for a period of one year from the date of adoption of this resolution; (b) That the size and capacity of the facility with a lounge liquor license be limited to the existing pub and the proposed approximately 85 square metre expansion for a period of one year from the date of adoption of this resolution. Question being taken, the motion was carried. 11. Submissions by Council Members 11.2 Ward 1 Mid-term Ward Meeting (Councillor Norton)

On motion of Councillor Norton Seconded by Deputy Mayor Rinehart RESOLVED that item 11.2 Ward 1 Mid-term Ward Meeting (Councillor Norton) be referred to the City Manager for a report on the process to organize Ward meeting(s) in the September / October 2014 timeframe. Question being taken, the motion was carried with Councillor Fullerton voting nay. 12. Business Matters - Municipal Officers 12.1 Greater Saint John Community Foundation - Flow Through Funding Pilot Initiative On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M&C 2014-16: Greater Saint John Community Foundation - Flow through Funding Pilot Initiative, Common Council support the recommended Flow through Funding Pilot Initiative in partnership with Greater Saint John Community Foundation and Pulse Inc. to be implemented in 2014 for a community project in Rainbow Park. Question being taken, the motion was carried. 12.2 Peel Plaza Surplus Properties

On motion of Councillor Reardon Seconded by Councillor Strowbridge RESOLVED that the City Manager be directed to prepare a draft Expression of Interest document with credit requirements, timeline requirements and quality development requirements for the four (4) surplus Peel Plaza Properties, identified as being #37341 (117 Union Street), #37333 (119 Union Street), #37788 (15 Wellington Row) and #37796 (19 Wellington Row).

Question being taken, the motion was carried. 13. Committee Reports 14 Consideration of Issues Separated from Consent Agenda 14.1 Request for Disbursement of Loan

On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart

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MARCH 3, 2014/LE 3 MARS 2014

That as recommended by the City Manager in the submitted report Request for Disbursement of Loan pursuant to the provisions of the Combined Loan and Grant Agreement between the City and the Federation of Canadian Municipalities regarding the construction of the Police Headquarters: The City’s Treasurer be authorized to issue and sell to the New Brunswick Municipal Finance Corporation a Municipality of Saint John Debenture in the principal amount of Ten Million Dollars ($10,000,000.00) on such terms and conditions as are recommended by the New Brunswick Municipal Finance Corporation and that the Municipality of Saint John agree to issue post-dated cheques payable to the New Brunswick Municipal Finance Corporation as and when they are requested in payment of principal and interest charges on the above Debenture. Question being taken, the motion was carried. 15. General Correspondence 16. Supplemental Agenda 16.1 Owner’s Engineer – Safe, Clean Drinking Water Project

On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that solely for the purpose of facilitating the processing of payments by the City to CBCL Limited under the terms of Agreement between CBCL Limited and the City for the former’s provision of engineering advisory and design services as the Owner’s Engineer – Safe, Clean Drinking Water Project, and without altering the said agreement, Common Council establish the amount of $4.5 million plus HST over the next 4 years as the estimated cost to the City under the terms of the said agreement. Question being taken, the motion was carried. 16.2 Sustainable Service Review On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report Sustainable Service Review, Common Council adopt the following resolutions as part of a Sustainable Service Delivery Review process:

1. Council will identify service adjustments for the 2015 operating budget that will allow for a sustainable reduction in the tax rate and/or allow Council to redirect realized savings to priority services;

2. City departments will identify for Council discrete service level options, in full consideration of Council’s priorities, based on two objectives – 1) spending levels frozen at the 2014 level and 2) spending levels capped at the 2014 level with an assumed 2% inflationary increase;

3. That future (2015 and 2016) City of Saint John contribution levels for member

commissions of the Regional Facilities Commission and Regional Services Commission will not exceed the lesser of actual requirements or 2014 contribution levels and further that the City representatives on the Regional Services Commission, Regional Facilities Commission and the respective member agencies be directed to ensure full compliance with this policy;

4. In light of the magnitude of the annual financial subsidy being provided to the

Transit Commission, that the Commission be directed to model discrete service delivery options based on 2014 spending cap for 2015 and 2016, consistent with the policy direction of PlanSJ;

5. That while recognizing the arm’s length relationship of the Saint John Board of

Police Commissioners, the Commission be requested to model various Policing service options for 2015 and 2016 taking into consideration two specific financial targets namely a 2014 spending cap and secondly 2014 expenditures with a 2% annual inflationary increases;

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6. With the exception of the grants and contributions approved in the City of Saint

John’s 2014 operating budget, there will be no new annual grants approved by the City of Saint John until such time as Common Council approves a new external Grant Policy that recognizes Council’s Priorities and the City’s current and future fiscal capacity;

7. Common Council approves a new external Grant Policy that recognizes Council’s

Priorities and the City’s current and future fiscal capacity;

8. Council will dedicate one session to consideration of the mandates, outcomes and cost structures of the four economic development agencies;

9. Council should inquire about the potential for new revenue generation

opportunities as part of its service review with the various departments and agencies;

10. Council will give careful consideration to the level of subsidies provided for

various services to ensure they are reasonable and not inadvertently encouraging excess demand and cost;

11. The City will continue to advocate for reform in the fiscal transfer system;

12. The City will work with its municipal counterparts to develop a more balanced

approach to establishing wage settlements in the protective services sector; and,

13. The City will work with its municipal counterparts to secure timely modernization of key provincial statutes including the Municipalities Act and Community Planning Act.

Question being taken, the motion was carried. 16.3 2014 World Women’s Curling Championship On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report 2014 World Women’s Curling Championship, Common Council approve a grant contribution in the amount of $10,000 for the 2014 World Women’s Curling Championship.

Question being taken, the motion was carried. 16.4 Design and Construction Management: Douglas Avenue, Ford Avenue, Glengarry Drive and Visart Street – Water, Sanitary and Storm Sewer Main Installation

On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report Design and Construction Management: Douglas Avenue, Ford Avenue, Glengarry Drive and Visart Street – Water, Sanitary and Storm Sewer Main Installation, notwithstanding that on December 17, 2012 Common Council resolved that the projects specified in the submitted staff report entitled Engagement of Engineering Consultants – 2013 Capital Program be sent to public tender, that Common Council authorize the Engineering Services Agreement with Dillon Consulting Ltd. for engineering design and construction management services for the Douglas Avenue, Ford Avenue, Glengarry Drive and Visart Street – Water, Sanitary and Storm Sewer Main Installation be increased from $239,869 to $385,186, including the City’s eligible HST rebate and that the Mayor and Common Clerk be authorized to sign any required documentation.


16.5 Saint John Parking Commission – Traffic By-law Fines On motion Councillor Reardon Seconded by Councillor MacKenzie

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MARCH 3, 2014/LE 3 MARS 2014

RESOLVED that the Saint John Parking Commission – Traffic By-law Fines, be tabled until the next regular meeting of Council.


17. Committee of the Whole 17.1 Committee of the Whole: Recommended Appointments to Committees

On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon RESOLVED that as recommended by the Committee of the Whole having met on February 17, 2014, Common Council makes the following appointments to committees: Fort La Tour Development Authority: to reappoint Helene Williams, Beth Kelly and Lorne Daltrop each for a 3 year term from March 3, 2014 to March 3, 2017. Heritage Development Board: to reappoint Gordon Hewitt for a 3 year term from March 3, 2014 to March 3, 2017; and to appoint Chris Boudreau for a 3 year term from March 3, 2014 to March 3, 2017. Imperial Theatre: to appoint Dr. Joanna Everitt for a 3 year term from March 3, 2014 to March 3, 2017. Jeux Canada Games Foundation: to appoint Dr. Kelly Manning and Jeff White each to a 3 year term from March 3, 2014 to March 3, 2017. Saint John Non-Profit Housing Inc.: notwithstanding Council’s policy respecting the term length for Council appointees, to reappoint Richard Gradon for a 1 year term from March 3, 2014 to March 3, 2015; and further, to appoint Jillian Jordan, Juanita Black and Terry Albright each for a 3 year term from March 3, 2014 to March 3, 2017. Saint John Energy: to appoint James D. Shaw and Shelley Courser for a 3 year term from March 13, 2014 to March 13, 2017 and March 25, 2014 to March 25, 2017 respectively. PRO Kids: to appoint Angela Flanagan from March 3, 2014 to March 3, 2017 and further to appoint Councillor Shirley McAlary from March 3, 2014 to the end of her term on Council (May 2016). Safe, Clean Drinking Water Steering Committee: to appoint Councillor Shirley McAlary from March 3, 2014 to the end of her term on Council (May 2016). Saint John Development Corporation: to appoint Monica Adair, Patrick Oland, Jane MacEachern and Bruce Phillips each for a 3 year term from March 3, 2014 to March 3, 2017. Saint John Industrial Parks: to appoint Councillor Gerry Lowe effective March 3, 2014 until the end of his current term on Council (May 2016) and Stephane Bolduc for a 3 year term from March 3, 2014 to March 3, 2017. Saint John Substandard Properties Appeal Committee: to reappoint Maria Henheffer, Cheryl Johnson and Nadia McPhee each for a 1 year term from March 3, 2014 to March 3, 2015. Question being taken, the motion was carried.

On motion of Deputy Mayor Rinehart Seconded by Councillor Reardon

RESOLVED that Councillor Shirley McAlary be appointed to the Saint John Non Profit Housing Inc. from March 3, 2014 to the end of her term on Council (May 2016). Question being taken, the motion was carried. 17.2 Committee of the Whole: Scheduling a Council Meeting – March 10, 2014

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On motion Councillor McAlary Seconded by Councillor Farren

RESOLVED that as recommended by the Committee of the Whole having met on March 3, 2014, the Common Clerk be directed to schedule a regular meeting of Common Council on Monday March 10th to discuss fluoridation in municipal water, and further that Dr. C. Scott Giffen, Medical Officer of Health – South Region NB, and Dr. Kelly Manning, NB Dental Society be invited to present their opinions at the meeting.

Question being taken, the motion was carried. (Mayor Norton withdrew from the meeting; Deputy Mayor Rinehart assumed the chair) 17.3 J. Bezanson Letter re Retirement Pension

On motion of Councillor McAlary Seconded by Councillor Merrithew

RESOLVED that as recommended by the Committee of the Whole, having met on March 3, 2014, Common Council deny Mr. Jim Bezanson’s request to alter his retirement date as the latter is stipulated in an agreement between himself and the City, which agreement was approved by Common Council at its open session meeting of November 12, 2013. Question being taken the motion was carried. 18. Adjournment

On motion of Councillor Reardon Seconded by Councillor Farren

RESOLVED that the Common Council meeting of March 3, 2014 be adjourned. Question being taken, the motion was carried. The Deputy Mayor declared the meeting adjourned at 9:00 p.m. Mayor / maire Common Clerk / greffier communal

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REPORT TO COMMON COUNCIL

M & C – 2014 – 020

March 3, 2014

His Worship Mayor Mel Norton and

Members of Common Council

Your Worship and Councillors:

SUBJECT: LEASE OF ROOF TOP – SAINT PATRICK STREET PEDWAY

BACKGROUND:

At its meeting of 12 October 2004 Common Council adopted the following

resolutions:

The City of Saint John lease a 145 square foot +/- portion of the roof-top situated

upon the Saint Patrick Street Pedway (PID Number 39206), as generally shown

on the submitted plan, to Rocky’s Sports Bar Inc. (the “lessee”) on the following

terms and conditions:

1. The lease shall commence on December 1, 2004 and terminate on February

28, 2012 (the “Term”).

2. Annual rent during the Term shall be $10.00 per square foot per annum.

Payment of annual rent shall be made in advance in 12 equal instalments

commencing on the 1st day of December in 2004.

3. Harmonized Sales Tax shall be in addition to rent.

4. The lessee shall have no option to renewal, or assign the lease except to a

company owned by the lessee.

5. Unless otherwise approved by the lessor, the lessee’s use of the space shall be

limited to a roof-top patio deck (the “patio deck”).

6. Prior to constructing the patio deck, the lessee must submit to the City’s

Building Inspector:1) a set of design / construction drawings prepared by

professional engineer licensed to practice in New Brunswick for the proposed

patio deck; and 2) a letter from a professional (structural) engineer

confirming that the pedway roof can support the proposed patio deck and

associated load(s). The letter must stipulate the maximum load and

occupancy of the patio deck as well as regular maintenance requirements. In

the event the Building Inspector is not satisfied with the design and or letter

from the lessee’s engineer, this lease and all rights herein will terminate.

20

M & C – 2014 – 020 - 2 -

March 3, 2014

7. The patio deck must be constructed accordance to the drawings approved by

the Building Inspector on or before June 30, 2005, failing which the lessor

shall have cause to terminate the lease.

8. The use and maintenance of the patio deck must be in accordance to the terms

of the lease and must comply with all municipal by-laws and provincial or

federal acts or regulations; failing which the lessor shall have cause to

terminate the lease.

9. The lessee must apply for, and obtain all necessary permits and approvals

prior to construction of the patio deck.

10. The lessee shall be responsible for maintenance of the patio deck and the roof

membrane situated below and within one metre of the patio deck.

11. The lessee is responsible to pay for utilities, including power and heat

supplied to or consumed on the patio deck.

12. The lessee shall pay its portion of all real property taxes and local

improvements levied against the patio deck; and with the consent of the

lessor, the lessee may at its own means and expense appeal the property tax

assessment. The lessor will not unreasonably withhold such consent provided

the lessee has paid all outstanding real property tax levies in full.

13. During the term of the lease, the lessor reserves the absolute right to operate

and maintain its pedway.

14. In the event the lessor installs, repairs, or renews the roof structure or

associated membranes in, over, on, or in the vicinity of the leased area and if

the lessor is of the opinion that patio deck within the leased area must be

relocated or discontinued in order to best perform the required installation,

repairs, or renewals, the lessee is obligated to relocate or discontinue the

patio deck, or portions thereof at the lessee’s own expense, and in such event,

the lessor shall not be liable for any payment of compensation for the loss or

interruption of businesses which may have been caused by the required work

and/or reduction in the use of the patio deck during the period of work.

15. The lessee shall provide the lessor with a comprehensive release of

indemnification respecting the proposal in terms satisfactory to the City

Solicitor.

16. The lessee must purchase and maintain a public liability insurance policy in

the amount of $2 million with the City of Saint John added as an additional

name insured. The policy must be subject to a cross liability clause and

remain in effect during the term of the lease, failing which the lessor has the

right to terminate the lease.

17. The lessor shall take possession of the all improvements on the leased area

upon termination of the lease unless the lessee, prior to termination, removes

the improvements and returns the roof top to its original condition or better.

18. The lease shall be subject to the covenants or conditions numbered 11, 12, 13,

14, 15, 17, 20, 21, 22, 25, 26, 27, 28, 30.1, 33, 36, 38, 39, 41, 42, 45, and 46

in Schedule C of Regulation 83-132 (Leases Regulation - Standard Forms of

Conveyances Act).

21

M & C – 2014 – 020 - 3 -

March 3, 2014

It is further recommended that Rocky’s Sports Bar Inc. be advised that the City of

Saint John is not explicitly or implicitly obligated to approve any applications

arising here from; and that the Mayor and Common Clerk be authorized to sign

the lease.

The purpose of the lease was to accommodate a “smoking area”.

While the final lease was being prepared for signature, Rocky’s applied for and

was issued a building permit for the patio, constructed the patio, and use of it

commenced. This use continues at present. Unfortunately the final lease

document was never completed. This situation recently came to light, and City

staff approached Rocky’s seeking to amend the situation into a proper and current

lease arrangement.

During the originally contemplated lease term, rent has been invoiced by the City,

Rocky’s has paid the rent due since 01 Dec 2004, and the account is in good

standing.

The purpose of the report is to present a new lease document between the City

and Rocky’s to Council for consideration.

ANALYSIS:

The Subject City Building

The City of Saint John owns the pedway infrastructure situated between City Hall

and Market Square. This has become known as the Saint Patrick Street Pedway.

In the past, the City has permitted access to its pedway by adjacent land owners.

This is the first leased use of roof top space.

Proposed Terms of Lease

Rocky’s wishes to continue leasing the area that its patio occupies, and Rocky’s

has signed the attached lease document. This document respects all of the

recommendations adopted by Common Council at its 12 October 2004 meeting,

but with the following amendments and deletions:

Amendments:

A) Annual rental rate to increase from $10.00 per sq ft to $13.00 per sq ft

(+HST),

B) Annual rent to be paid in one installment in advance each year rather than

in 12 monthly installments.

C) Leased space to decrease from 145 sq ft to 43.056 sq ft (4 sq m) – this has

been confirmed by post construction survey.

D) New lease term to be 8 years, beginning 01 Dec 2013 and ending 30 Nov

2021.

22

M & C – 2014 – 020 - 4 -

March 3, 2014

Deletions:

As the patio deck has already been constructed pursuant to the 12 October

2004 resolutions 6., 7., and 9. adopted by Common Council, these 3

resolutions are now moot.

RECOMMENDATIONS:

That:

1) The City of Saint John enter into a lease with Rocky’s Sports Bar Inc. for a

45.0356 square foot +/- portion of the roof-top situated upon the Saint

Patrick Street Pedway (PID Number 39206) on terms and conditions, and

in the form of the lease document attached to M&C 2014 – 020, and,

2) That the Mayor and Common Clerk be authorized to execute the necessary

documents.

Respectfully submitted,

Paul Wilson, BBA Brian Irving, BBA

Real Estate Officer Manager Real Estate

Greg Yeomans, CGA, MBA Patrick Woods, CGA

Commissioner of Finance City Manager

and Administrative Services

Attachments

Click here to enter text.

23

FormAl9LEASE

Standard Forms of Cowelwueslcr, SN.B. lgge c. S-12, s-2

The prties to this lase ue:

TIIE CITY OF SAINT JOHN, iD the County of Saint John ed Pmvince of Nerr Brmswick, a bodycorprate by Rolal Charter, confinned md amended by Acts of the l4gisldiw Assembly of theProvince ofNew Brunsurich the *Irssolfl

-md-

ROCI(PS SPORTS BAR INC., of the City of Saint Joh, iu the Cotrnty of Saint John aud ProviDeeof New Bnrnswick, a corpordion under the laws ofthe province ofNcrv Brunswic! lhe .Iss€o"

Thp lessor leases to the lessee tte prcmises described in Schedule'?." attached hereto on the followingconditions;

Dration: Eight(S)yersDdeofC,ommcnceineirt: Dec@b€r1,2013Dde ofTermindi<m: Norrember 30, 2021Rmt Five Hundred Fifty-Nne Dollrs and Seventy-Thrree C€mts

($559.73) per armtrm plus HST

This leasecolrtairctkcovc,nants and conditiom yhich arc sd out in:

(a) Tbe I-eases Regrrldion - Standard Forms of C.onveyances Act 8nd set or$ in Schedule '8" a1hohedhereto;(b) Schedule'g' afiaph€d hereto;

Datcdon

Pa5meirtDdes:Place ofPalment:

SIGNED, SEALED & DEL[VEREDintheprcseoce of:

Deccmber I of eachyerduringthe termCashier's Office, City I{all15 Ma*et Square, Saitr John, NB

20t4

))))))))))))))))))))))

fiIE CITYOF SAINT JOHIq

Mapr

CommonClerk

Commsn Council R€sohfion:

ROCICT'S SPORTS BAR INC.

24

scfrEDULE "#t

Alt thd certain portion of the rooftop situatd on the St. Pafuick Strect Podway described as"Area to be leesed to Rocky's sports Elr rnc., 4 t*'on a plan of Sumey oatea osbber ?,2005, c€rtified correct by Hughes Surveys & C-onsultants Inc., strnreyed by John E. Calvr&N.BJ-.S. #353, a copy of which is attached hsr€to as Schedule.,A-1,'.

25

SCEEDI'LB'IBN

11 . The Lessee sha.ll pay r€nt.

12. The LessEe shall maintain the premises ingood r€,pair.

13- The Lcssee shall permit the Lessorto inspoctthe p,renises.

14. The Lessoe shell 16l alterthe prernisetwithout the Lessot's consent.

15. The Lessee shall use the premises for agreodpurposes ooly,

1?. The Lessee ehall comply with all laws.

20. The Isscc Shallpay public utilities,

21. The l-essee slrall not do any act to increaseinsulnnce plemiums.

I l. The Lessee covotralila with the Lessor thattle Lessee -qhall for the duration of this lcase payto the Le.ssor the rent hereby resenred on the daysand in the mannerherein sct outwithout anydeduction whatsoever.

12. The Lessee covenants with the Lesson tbatthe Lessee sball for the duration ofthis leasemaintain the dmised premises in good andsufficieat o,rder urd r€pair to the satisfastion ofthe kssor, reasmable wearaad tearad damageby firc, lightning, tempcot md the like excepted.

13. Thc Lessee oovpnante with the I-essor thatthe llssee shall permit the Lessor, his servaute,ageots and ernployeee at all reasonable times forthe dr:ration of this loas€ to enter upon thedcmiscd plemises for the prrpose of iaspectingthe state of repair or making such rcpairs as thcIessor may frrom timc to time cousider reoessary.

14. The Lessoe coveirants with the Locsor thatthe l.essee shall not without p:ior *tittcn conseutof t}a [,essor, place any building erectim,addition or improverueut, other ttran tradefixturcs, upon the demised prcmises, or altcr thcinterior of the demised preinises or any partthercof.

15. The Lessee covenants with &e Lessor thatthe Lessee shall use tho dofirisd premises onlyfor thc purpose or putposos agreed upon by theLessor and Lessee.

17, ThE I"essee covenails with &e Itssor thatthe Lessee shall proruptly comply with andconform to the requirements of crrcry fede'ral andprovincial statutg nrle, regulation artd ordinanceaud every municipal by-laur, rulg regulation,order md ordinance at aflytime or fiom time totime iu force affecting the use oroccupation ofthe demised premises or any part ttrcreof by theLessee.

20. The Less€e covenarts with tbc Lessor thatthe Lessee shall pay as theybecome due allchargcs for public utilities including eleotioity,gas, water, telephone and all other scrviccsprovidcd by any public utility in connection withthe occupancy of the demised premises,

21. The Lessee cownants with the Lessor thatthe Lessee shall not cary on or permit to becarriod on upon ttre demisea premises any activitywhich may Gause an incrcasc in prcmiums forinsurance upon the building wherein the dsmisedpnerrises are situaten or which may render r.,oid orvoidable arrypolioy of insurance.

26

22. Tbe Lessee shall pay occupansy tax€s.

25. The Lessee shall coduct his hrsiness in areputable rnarmer.

26. OD brcach of any covenant the Iesor mayrccorrcr all costs firom thc Lcsscc as rEf,rt.

27. The Lessor may re-entcr ihc prernises on thoinsolvenry of the Lessee.

28. The kssor promises to the Lessee quictenjolment of the prerniscs.

30.1 The I"essee shall pay real property taxes.

33. The Lessee has an insurable htsrest inimproverne,nB madc by him.

22. Thc kssec oov€nants withthel-essarthatthe Lessee shall pay for tbe 4*21ign sf this leaseall taxes, rates, levies and assessments chargedagainst the demis€d premises in connection withthe Lessee's us,e and occupation thereof.

25. The l-essee covemailts with thc l-cssu thatthe Lessce strall con&rct his business in rnd r:sethe whole ofthe demisedpremiscs in arcpubblcruulnetr, a business practice by the I.esseewhe,ther through advertisiqg, selling proceduresor otherwise which in the opiaioar of the Lessormay harm the busiuess or reputdion of the Lessoror rsllect unfavoruably on the Lessor or o&crt€narts of prernises in thc building or which mayconfuse, miElead or deceivc the public, shallimmediately be discontinusd by the Lessee d therequest ofthe Lossor.

26. le,the st/ent that the Lessoo is h defrult ofpayment of my amount rcquired by this leose tobe paid by him, the Lessormay pay zuch amounton his behalf and recover that amourt togethcrwith his reasonable Eleens€s firomthe Iesses as

rent, with all remedies incidental th€rcto as ifthatamount and expenses were includcd in the renthereby reserved.

n. Tn the event tlat the dghts of th6 Lessees1f,s this leass arc at any time seized or taken inexecution or attachmeut by uny creditor of theI*ssoe, orthe Lessee makes an assigunent forthe bendrt of creditorsn becomes banknrpt orinsolvent, or takes the beirefit of any statute thatmay be in force forbankrupt or insolvcnt debtors,then the crurent monthis rent, irnmcdiatelybecome duc an4 the lease md term shall becomeforfeit and void and thc Lessor may enter into aldupon the demiscd pr,cmises, or ary paxt thereof iathe name of the wholc, by force or otherc/ise as

he may see fit, to have agaiq reposscss and enjoy,as of its former estate, anything herein conteinedto the contrary notwithstanding.

28. The Lessm covenants with the Lessee thatthc Lcssee, paylng the rent heroby rescned andperforrring the concnants on his part to beperforure{ sball aod may peaceably possess andenjoy the demised prernises for the duration ofthis lease without any intemrption or distrubancefro,m the Lessor or a$y person lawfully claimingunderhim.

30.1 The lessee covemants with the lessor that thelessee shall pay for the duration ofthis lease alltaxes, rates, duties and assessm€nfi whatsocv€r,whefhs municipal, provincial, fdsfral orotherueise, now charged onhereaftcr to be chargrdupon the demised premises or upon the lessor onaccount thercof, except mmicipal taxes for localimpnovemeuts.

33. For the duration of this lease or my rensqralthereofthe Lessee has m insurable intcrest in anyalterations, additions and improvemenls tbat may

27

36- Where the Less€€ holds over the teoancy ismonthly.

38. The Inesor is not responsible for itt'ury topcrson or propcrty upon the premiscs urless dusto the negligeuce ofthe l"essor.

39. ThE Lessea may install signs with thelrssot's coffictrt.

41. Coudonation, exsuse or overlooking ofaaydefault does aot operate as a waiver.

42. All L€sree's insusncp policies shall containa waiver of subrogation.

be madc by thc Lesscc in and to the deinisedpremises, aod the Lessee fu elrtitled to insure suchalterations, additions and improvenmts up tothsir fuU insurable value and to receive thsprocecds of any insurance so placed by him.

36. h the event that the I-ssee holds overbcyond the duration of this lease or the reuewaltheroof with or without the consetrt of the Lessorandwithout any furthcrwrittcn agrccmeirl thetenancy resulting shall be a montlly tenancy only,at a montbly rerrtal equivalent to the arnount paidper month iluing the last month of thc termhereby granted or the reoeryal theleof and srrbjectto t€rnination at the election of the kssor orLessee upon one month's notice in writing andzubject also to the ter:rs, corditions ardcovenants herein set out.

38. ThE Lossor shall not in any event whfisoevcrbe liable or responsible in any way for aaypCIrsoml i"jury or death that may be zuffe,lsd orsustained by the Lessee or any ernployee oftheLesBeE or any othcr pcrso,n who may bc upon thedemised premises or for any loss or d'rnrge orinjury to any propenty belongiry to the Lessee orto his enrployees or to any other p€rson whichsnrch property is on the dcmised premises, uolessdue to the negligence of the Lessor, hise,mployees, agents or liceusees.

39. Subject to the Irssort's al4rtnval, whichapproval shall notbe unreasonably witbhcld, theLcssee may install in, upon or about thc dcmiscdpremises any signs or advertis'.g nat€rial whichshall reinaia the pnc,perty of the kssee and whichthe Lessee may remove regardleas of the degreeof affixation upon e4piration or termination of hislease or any reoewal thereof provided that theLessec shall make good any damage causedto thp

demieedprEmises by such installation andremoval.

41. Any condoning, xcusing or overlooking bythe Lessor of any default, breach or non-obserwancebythc l*ssee at any time ortimes inreryect ofany covenanf proviso or conditionherein contained sha[ nst operate as a wafurcr ofthe Lessorrs rights h€rcund€r in respect of anycontinuing or zubsequeirt default, brpach or non-obselance, nor so as to d€feat or aftct in anywaythe rig[ts of the Issor.

42. An po[cics of insuruce placed by the I-essee

shall contain a waivcr sr waivers of subrogationagainst the Lessor and the I-essee waives, releascsand discharges all rights, clnims and demandswhatsoever which the Lessec might have oracquire against the kssor arising out of &mageto or destnrction ofthe building or anypartthcreofoccasioned by any ofthe perils insuredasainst by the Lessee or which the Lessee has

agrecd to insurc agairut, whether ornot suchrights, glaims and derrands strall arise through thencgligence or other fault ofthe Lessor, his

28

45. Whgre a conflict exists bctween the Englishand French version of any provision hqeof, thislease shall be conshuod as if it hadboen exesutedeotirely in English.

46. The Lessor may re-enter the premises uponnon-pa)mxeot or otLsr brerach-

seruants, agents or contractors.

45. The I-essorandthc Lcssce mutuallycovaantand agree that, this lease having bwn exocuted inboth English and French, where a conflict Edstsbetwee,n the English version and the Frenohversion of any prrovision hereofl the meauing andlegal effect of the English version shall prevail.

46. If and whenwcr anyrent orportions th€rcofthereby rercrved is not paid by the I-essee andrcmains unpaid for a period of fifteeir (15) daysafter any of the days upon which the same ougltto have been paid, md whether or not any formalor other demand has boen made the,refot or iftheLessee is inbreach of or in default under any ofthe Lesree's cove, ants, oonditions or agr€emqilscoatained in this lease and such brcac,h or defaultcontinues for fiftecn (15) days aftcr q,ritten noticethereof bas bem given by the Lessorto thckssee without the Lessee prooeeding pomptlyand diligentlyto remedy suchbreaoh or defaultthm in any such caso the Lessor shall have theright to terminatc this lease and, upou the exerciseof such righ, the Lessor may tcrudnate this lease

and re+nter into and upon nnd take possession ofand enjoy the demised premises, or any partthereof, in the name of the whole, as of theksso/s former estate.

29

SCIIEIXJLE "C''

Term

1. The temn ofthe Ifise shell [6 eight (S) ]rars oommencing on Docember l, 2013 anderding on November 3A, 2V2l (hercinafrer lho'"Term').

Leased kemlses

2, The [essor loases to the Iasee that prtion ofthe rooftop situated upon the St PdickStcet Pedway, which forms prt of PID #0039206, as gecrerally shoum on Schedule *A-1"attachod hercto on the terms md aonditions set out her€in.

Rmt end Prooertv Trxes

3. The Lesseo shall pay mntral rent of Five Hundred Fifty-Nine Dollars md Swenty-Thr€e Ceirts ($559.73).

4. Palmeirt of ihe mnual rent shall be made in advance in one (1) ypaty installment onfre first day ofDecenrber each year ofthe Term.

5. Harmonized Sales Tax shall be in addition to the Reirt.

6. The Lessee shall pay it ovm portim of all rcal properly ta:res md local improvementslevid against thc Leased Prreurises; ar{ with the consent of tre lrssor, the Lessee may d itsown meilN and orpense rypeal ttre property ta.n assessrnent. The Lessor will notunreasonaUy withlrold such conseirt provided the Lessee has paid all outshding real properfytax lst/ies in full.

**.*"1"od Asslsnmqnt

7. This Ieseisnotreirew$le.

8. This kase may not be assignod md any attempt to do so is void and of no force or€ffect.

Use and mrintenance ofleased Premises

9. Unless othswise approved b,y the Lessor, the Lessee's use of the Leased Premises

shall bc limitd to a rooftop patio deck (herreinafter the 'latio deck").

10. Thc use md maintenance of &e patio dck shall be in acoordmce with the terrrs and

conditions of the t"€ass, and must comply with all municipal by-laws, and provincial and

fd€rat acts and regulations.

11. The Lessee shall, at its sole mst, maintain the patio deck and the roof membtane

situated below and wittin one meter ofthepatio deck

12. During the tem of the I-ease, the kssor r€serves the absolute right to operate and

maintain itspedway.

13. In the weat the trssor installs, rEpairs, or renews the roof sfrucfrrre or associated

membranes in, over, on or in the vicinity of the L€ased Premises and if the l€$sor is of the

opinion that the patio deck within the Leased Premises must be relocded or disoontinued inorder to best perform therequired installation, rqrairs, or renewals, the Lessoe shall relocate ordiscontinue the patio deck, or portions thereof at tlre L€ssee's own expense, and in zuch eveut,

30

the Lessor shall not be liable frr any palment of compensation for the loss or intemrption ofbusiness which may have bea caused by the requirod worlg reduction in the use ordiscontinumce of use of the patio dedc

Temipetion

L4. Failure of 6e Lessee to py rent or to maintain liability insurance, its frilur€ tomaintain the Leased Prerrises in acoodance with the terms and oonditions of this I-easg ori6frilure to abide by applicablc mrmicipal, provincial or ftderal codes, laws, reguldions orby-laws shall mnstinrte Sounds forthe Lessorto terminatethe Lease.

15. Upon tennination of &e kase, the Lssre shall peacefirlly surrends the pronises tothe Lessor.

Uflltiec. Ilent & Insurance

16. The Lessee shatl pay for all utilities, including eleceicity and heai zupplied to orconsumed qr the Leased Prreanism.

17. hior to t'Ling possession of the prerrises, the l.essoc shall obtain and providc to thcLessor proof of issure of a liability insurance policy of an amount not less thm Two Million($2,000,fi)0.00) Dollrs, nertring &e Lessor as additioual insur€d. The poliry must be srfujectto a qoss-liability clause.

18. The liability insurucc policy referred to in paragraph 17 stall be maintained for thefull term of thel-ease.

19. The Lessee shall provide a copy of the liability insurmce policy referrsd to inparagraph 17 to the Le.ssor every yer for the full tenn of the [.ease.

Tenant Imonovements

20. The Lessor shall take possession of all improvements on the I"eased Premises upon

termination of the tease unless the I-essee, pior to terrdnation, remov€s the improvemenb

md returns therooftop to its original oondition orbetter.

Indemnitv

21. Exc@ ufrere the sme rises out of fre ndigeirce or other tort of tlre Lessor, its

sernants, agsnts or employeeg thc l,essee shall indffmiff and savehamless the l"essor ft'om

and against any and all mmner of actions, caus€s of action, suits, damages, loss, costs, clsims

md dmands of any natune rvhatsow€r relaring to or arising out of any breach , violation ornon-perfonnance of any oovenanf oondition or agreeraent in this Lease set forth and

cotainoa on the prt of the l"esse€ to be ftlfiUd, kept obsened and performed or oftrerrrise

arising out of the use by the Lessee of the Lease Premises and in addition, but without limitingtte gpn€rality of the foregoing and notrrithstsnding any provision of this IrasE or tLe

comflimc" th€rewith by the Lessee &e l.essee shall indemdfy and save harmless the I-essor

fum g3d agpinst alry and all muner of actions, caus€s of action, suitsr dmageg loss, costs,

claims and dernands of any nature rvhatsoerrer relating to md arising out of:

O injury to person or p€rsons, including dedh rcsulting at uy time &errefrrom,

occurringin oraboutthe Itrsod Prerrises; mdb) my dmage to on loss of property occasionod by the use md occupation by the

Lessee ofthe L€asod Presds€s.

31

PROVINCE OF NEW BRIJNSWICK

COUNTY OF SAINT JOHN

r, t t;ttlqn, E"rhn , of the City of Saint John, in the

County of Saint John and Province of New Brunswick, MAKE OATH AI{D SAY

AS FOLLOWS:

t. That I am the CIt Jr\?r' of Rocky's Sports Bar Inc, the

Lesse nmed in the foregoiag instnrme,nt and am duly authorized to make this

affidavit.

2. That Rocky's S1rcrts Bar Inc. does not have a corporate seal.

3. That the signature ". " set and

subscribed to the said instrument rt.rny and as Ot)a, c / Iam

duly authorized to execute thc said instrument.

4. That the said insmlmsnt was ex*utod as aforesaid at the City of Saint

John, ia the Proviuce of New Brunswick, on the A-? day of Cq.Lt, ,g2,014.

SWORN TObcforeme at&e Cityof Saint John, in the County ofSaint John aad Province ofNewsrpE*i"f., $, K+ day of

,2014.

Beiog a Solicitor

,$!::';;tik=it;$

32

SCHEDI]I.EftL

cG Filc 5O No. 26

Lot 'A'

960 Vol. t957 P9. 257

nvestments Ltd. ond:ments Ltd. Property

\w

Registrotion Dotoooc. 5o2lt76yol 87q -lc,.1s_! Erprogrtorbnn 9. Jul, 27. 1C62 .

Notes1) Dttdion sp tt.O. efo cm"t6-ffidfrom otrrno$anoo I.B. hr'.. 255oC ord 25807 . (t{AD|l:t c['RS fAiuaca mra)2) fl docurEil. siq pqn. rrtllrnc!. r.t r to tn Rceldry Offb.Iof tha Costy of Sotrt John uatea not d oth.E6..'S) fiao eurury corr,lpLt d orr */y lJ, 2OGi .

fdjt rtad coordlmtr rrr.ay fio,rufit.ntt .

-..l--*-.,...'//41/2. ,., ,.

lF.-.,.4..........o..........o ........ ..A....-.....

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33

Doc. JO2576 Vol. 976 P9. 186

The City Of SointJohn Property

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34

BY-LAW NUMBER C.P. 110-223

A LAW TO AMEND

THE ZONING BY-LAW

OF THE CITY OF SAINT JOHN

ARRÊTÉ NO C.P. 110-223

ARRÊTÉ MODIFIANT L’ARRÊTÉ

SUR LE ZONAGE DE THE CITY OF

SAINT JOHN

Be it enacted by The City of Saint

John in Common Council convened, as

follows:

Lors d'une réunion du conseil

communal, The City of Saint John a

décrété ce qui suit :

The Zoning By-law of The City of

Saint John enacted on the nineteenth day of

December, A.D. 2005, is amended by:

L'arrêté sur le zonage de The City

of Saint John, décrété le dix-neuf (19)

décembre 2005, est modifié 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 5900 square metres, located

at 1942 Manawagonish Road, also

identified as being PID Nos. 55037733 and

00403030, from “RF” Rural to “I-1” Light

Industrial pursuant to a resolution adopted

by Common Council under Section 39 of

the Community Planning Act.

1 La modification de l'annexe «A»,

Plan de zonage de The City of Saint John,

permettant de modifier la désignation pour

une parcelle de terrain d’une superficie

d’environ 5 900 mètres carrés, située au

1942, chemin Manawagonish, et portant les

NID 55037733 et 00403030, de zone

rurale « RF » à zone d’industrie légère « I-

1 » conformément à une résolution adoptée

par le conseil municipal en vertu de

l’article 39 de la Loi sur l’urbanisme.

- all as shown on the plan attached hereto

and forming part of this by-law.

- toutes les modifications sont indiquées sur

le plan ci-joint et font partie du présent

arrêté.

IN WITNESS WHEREOF The City of

Saint John has caused the Corporate

Common Seal of the said City to be affixed

to this by-law the * day of *, A.D. 2014

and signed by:

EN FOI DE QUOI, The City of Saint John

a fait apposer son sceau communal sur le

présent arrêté le 2014,

avec les signatures suivantes :

_______________________________________

Mayor/Maire

______________________________________

Common Clerk/Greffier communal

First Reading - March 3, 2014

Second Reading - March 3, 2014

Third Reading -

Première lecture - le 3 mars 2014

Deuxième lecture - le 3 mars 2014

Troisième lecture -

38

Rural zone rurale

prom. Wild

Fo

xD

r.

ch. Manawagonish Rd.

pro

m. D

ayD

r.

cour Julie Ct.

8

7

24 6

8 1012

12 2

1937

1942

1988

1922

1936

1954

2 4 6

14161820

Pursuant to a Resolution under Section 39 of the Community Planning ActConformément à une resolution adoptée par le conseil municipal en vertude l’article 39 de la Loi sur l’urbanisme^

Amending Schedule “A” of the Zoning By-Law of The City of Saint John Modifiant Annexe «A» de l’Arrêté de zonage de The City of Saint John

FROM / DE TO / À

RF I-1

Daniel Lee Houghton

1942 chemin Manawagonish Road

55037733 & 00403030

Applicant:

Location:

PID(s)/NIP(s):

Drawn By/Créée Par: Date Drawn/Carte Créée:John Ellefsen

Considered by P.A.C./considéré par le C.C.U.:

Enacted by Council/Approuvé par le Conseil:

Filed in Registry Office/Enregistré le:

By-Law No./Arrêté No.

GROWTH & COMMUNITY DEVELOPMENT SERVICESSERVICE DE LA CROISSANCE ET DU DÉVELOPPEMENT COMMUNAUTAIRE

REZONING / REZONAGE

March 5 mars, 2014.

February 18 février, 2014

^

^ Light Industrialzone d ’industrie légère

39

Section 39 Conditions – 1942 Manawagonish Road

That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed

development and use of the parcel of land with an area of approximately 5900 square metres, located at

1942 Manawagonish Road, also identified as being PID Numbers 55037733 and 00403030, be subject to

the following conditions:

(a) The development be limited to a building equipment and material storage yard, including

associated office, maintenance and storage buildings.

(b) The site shall not be developed except in accordance with a detailed site plan, prepared by the

Developer and subject to the approval of the Development Officer, indicating the location of all

buildings, parking areas, outdoor storage areas, driveways, signage, exterior lighting, landscaped

areas, and other site features. The approved site plan must be attached to the application for

building permit for the proposed development.

(c) Adequate site drainage facilities, including necessary catch basins, must be provided by the

Developer in accordance with a detailed drainage plan, prepared by the Developer and subject

to the approval of the Chief City Engineer or his designate.

(d) All site improvements shown on the approved site and drainage plans must be completed within

one year of building permit approval.

(e) That a visual buffer consisting of a fence or coniferous trees or a combination of both be installed between the proposed building on the subject site and existing barn on the adjacent property and along the eastern boundary of the site. The proposed visual buffer must be shown on the site plan accompanying the building permit and be completed within one year of issuance of the building permit.

(f) That the driveway be relocated off of the adjacent City-owned property and paved a minimum length of 70 metres into the site from the front property line within one year of issuance of the building permit.

40


A LAW TO AMEND

THE ZONING BY-LAW





SAINT JOHN



follows:














at 811 Grandview Avenue/ 220 Champlain

Drive, also identified as being PID Nos.

55089007 and 55088991, from “B-2”

General Business to “RM-1” Three Storey

Multiple Residential pursuant to a

resolution adopted by Common Council

under Section 39 of the Community

Planning Act.






811, avenue Grandview/ 220 promenade

Champlain, et portant les NID 55089007 et

55088991, de zone commerciale générale

« B-2 » à zone d’édifices à logements

multiples de trois étages « RM-1 »

conformément à une résolution adoptée par

le conseil municipal en vertu de l’article 39

de la Loi sur l’urbanisme.





arrêté.





and signed by:





_______________________________________

Mayor/Maire

______________________________________




Third Reading -




41

av.Gra

ndviewAv.

prom. C

hamplain D

r.

763

210

220

215

831

812

204

199

207

833

Pursuant to a Resolution under Section 39 of the Community Planning ActConformément à une resolution adoptée par le conseil municipal en vertude l’article 39 de la Loi sur l’urbanisme^


FROM / DE TO / À

B-2 RM -1

Ronald Larsen

811 avenue Grandview Avenue / 220 promenade Champlain Drive

55089007 & 55088991

Applicant:

Location:

PID(s)/NIP(s):







REZONING / REZONAGE

March 5 mars, 2014.


General Businesszone commerciale générale

Three Storey Residentialzone d'édifices à logements

multiple s de trois étages

^

^

42

Section 39 Conditions – 811 Grandview Avenue / 220 Champlain Drive

That, pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 1,080 square metres, located at 811 Grandview Avenue / 220 Champlain Drive, also identified as PID Numbers 55089007 and 55088991, for the proposed residential use shall be subject to the following conditions:

(a) The use of the property is restricted to a maximum of one dwelling unit and/or a rooming house with a maximum of five rooms;

(b) Landscaped areas be installed as follows:

(i) at least 7.5 metres in width between the parking area and the street line along the

Champlain Drive frontage;

(ii) at least 2 metres in width between the parking area and the street line along the

Grandview Avenue frontage so as to create one access along the Grandview Avenue

frontage with a maximum width of 7.6 metres; and

(iii) at least 3 metres in width between the parking area and the side property line extending

back from Grandview Avenue as illustrated on a site plan to be approved by the

Development Officer;

(c) That, prior to the approval of the required change of use permit for the rooming house, the

owner shall consolidate PID Numbers 55089007 and 55088991 into a single lot; and

(d) That all outstanding requirements contained in these conditions be met by the owner no later

than March 31, 2015.

43


A LAW TO AMEND

THE ZONING BY-LAW





SAINT JOHN



follows:














at 362 Charlotte Street West, also identified

as being PID No. 00392035 and a portion

of PID No. 55061337, from “IL-1”

Neighbourhood Institutional to “R-2” One

and Two Family Suburban Residential






362, rue Charlotte ouest, et portant le NID

00392035 et aussi étant une partie du NID

55061337, de zone de quartier à vocation

collectif « IL-1 » à zone résidentielle –

habitations unifamiliales et bifamiliales

« R-2 »





arrêté.





and signed by:





_______________________________________

Mayor/Maire

______________________________________




Third Reading -




44

av. Lancaster Av.

ligne CityLine

rue

O. C

harlo

tteSt

. W.

rue Champlain St.

ch. M

arte

llo R

d.

rang

Map

le R

ow

377378

380

560

385

460

557

376

328

377

558

540

338

369

364

524 361545

6 571

363

361

357

349

341

357

350

551

548

561

551

543

346

352

356

369

349

558

333

362

345

336

561

362

367

562

347

343

379

371

368

518

1

567

351

364

359

2

324

366

339337

355

360

358

322

379

374

573

544

549

552548

338

373

366

368

351

376

365

344

345

351

545536


FROM / DE TO / À

Neighbourhood Institutionalzone de quartier à vocationcollectif

IL-1

One And Two Family Residential zone résidentielle-habitations unifamiliales

et bifamiliales

R-2

Fulton Surveys (2004) Ltd. (On behalf of Verla Hayes)

362 rue ouest Charlotte Street West

00392035 & portion of / de 55061337

Applicant:

Location:

PID(s)/NIP(s):







REZONING / REZONAGE

March 14 mars, 2014.


45

March 12, 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: FCM Update Motion: I am requesting the opportunity to provide Council with a brief update regarding the recent FCM meeting that I attended. Respectfully Submitted, (Received via email) Bill Farren Councillor – Ward 1 City of Saint John

46

March 12, 2014 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: Subject: Health Care Savings for the Province of New Brunswick Health care in the Province of New Brunswick is the responsibility of the Provincial Government. According to a Wellesley Institute study in Sept 2013 tooth decay is one of the most prevalent chronic diseases.15 In Canada, 57% of children, 59% of adolescents, and 96% of adults have been affected by tooth decay.16 Cavities weaken teeth and can result in pain, tooth loss, facial disfigurement, and impaired oral functioning.18,19 Additionally, tooth decay has been linked to serious health conditions such as cardiovascular disease, diabetes, low birth weight babies, respiratory infections, and osteoporosis, among others .22 (source notes that...)If severe, tooth loss and poor oral health can threaten job security and economic productivity,23 and in turn, these stressors can impact overall physical and mental health Background Globally, fluoride is used to combat tooth decay and promote oral health. Studies have shown that ingesting small amounts of fluoride during early stages of tooth development strengthens tooth enamel, decreasing the likelihood of cavities later in life. Although fluoride treatment is a common practice during visits to the dentist, some research suggests that maintaining a constant, low-level of fluoride in the mouth is the most effective measure in cavity prevention Motion: The City of Saint John write to the Department of Health for the Province of New Brunswick asking the province to assess the cost savings in health care by having fluoride added to municipal water supplies, and should there be cost savings the province provide financial assistance to municipalities to cover the cost of the purchase and installation of water fluoridation equipment and continual operating costs. Respectfully Submitted, (Received via email) John MacKenzie Councillor – Ward 2 City of Saint John End Notes 15 Chief Medical Officer of Health, “Oral Health – More than Just Cavities: A Report by Ontario's Chief Medical Officer of Health,” April 2012. 16 Health Canada, “Report on the Findings of the Oral Health Component of the Canadian Health Measures Survey 2007-2009. 18 Ibid. 19 Wyatt and MacEntee, “Dental Caries in Chronically Disabled Elders.” 22 Chief Medical Officer of Health, “Oral Health – More than Just Cavities.” 23 Poul Erik Petersen and Stella Kwan, “Equity, Social Determinants and Public Health Programmes – the Case of Oral Health,” Community Dentistry and Oral Epidemiology, 2011, 39:481-487.

47

REPORT TO COMMON COUNCIL

M & C – 2014 – 021

March 4, 2014

His Worship Mayor Mel Norton and

Members of Common Council

Your Worship and Councillors:

SUBJECT: Borrowing Resolution

BACKGROUND:

The Bank of Nova Scotia requires certain resolutions to be passed by Common Council to formalize the line of credit with the City. These resolutions were last updated by Common Council at its meeting of April 3rd, 2013. At this time, there is a need to provide the bank with updated resolutions.

ANALYSIS:

The City has a $20,900,000 line of credit with the Bank of Nova Scotia. This amount represents $5,900,000 for general operating purposes and $15,000,000 for bridge financing on capital expenditures. The calculation of the line of credit for operating purposes is outlined in the Municipalities Act and is set at a maximum of 4% of the operating budget. Based on the City’s 2014 operating budget the maximum the City could borrow for operating purposes is $5,950,000. It is proposed to seek approval from the bank to set the operating line of credit at $5,950,000. With respect to the bridge financing for capital expenditures, as a result of the magnitude of the City’s capital programs, it is proposed to maintain the current credit level of $25,000,000. It is unlikely that actual borrowings will reach these combined levels, but there is no harm in having the credit limits in place as a precautionary measure.

50

M & C – 2014 – 021 - 2 -

March 4, 2014

RECOMMENDATIONS:

It is recommended that for general operating purposes: 1. That the Commissioner of Finance 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 promissory note, a sum or sums not exceeding at any one time five million nine hundred and fifty thousand dollars ($5,950,000) to meet current expenditures of the Corporation;

2. That any two of the Commissioner of Finance, Comptroller or Assistant

Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the corporate seal for the sum or sums so borrowed with interest at such rate as the bank may from time to time determine;

3. That the Commissioner of Finance is hereby authorized and directed to

furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid, and

4. That the Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the monies collected or received from any other source.

5. That for the purposes of bridge financing on Capital Expenditures, that the City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $25,000,000 and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit, and


Comptroller are hereby authorized to sign on behalf of the Corporation and to

furnish to the Bank from time to time a promissory note or notes sealed with the

51

M & C – 2014 – 021 - 3 -

March 4, 2014

corporate seal for the sum or sums so borrowed with interest at such rate as the

Bank may from time to time determine, and


Comptroller are hereby authorized to sign on behalf of the Corporation and to

furnish to the Bank an Agreement or Agreements under the seal of the

Corporation providing for payment to the Bank of all amounts required to be paid

by the Bank pursuant to each promissory note of the Corporation guaranteed by

the Bank with interest at such rate as the Bank may from time to time determine

and of a guarantee fee in respect of each such promissory note at such rate as the

Bank may from time to time determine.

Respectfully submitted,

Gregory J. Yeomans, CGA, MBA

Commissioner of Finance and Administrative Services

J. Patrick Woods, CGA

City Manager

52

A BY-LAW TO AMEND A BY-LAW

RESPECTING TRAFFIC ON STREETS IN

THE CITY OF SAINT JOHN MADE UNDER

THE AUTHORITY OF THE MOTOR

VEHICLE ACT, 1973, AND AMENDMENTS

THERETO

ARRÊTÉ MODIFIANT L’ARRÊTÉ RELATIF

À LA CIRCULATION DANS LES RUES

DANS THE CITY OF SAINT JOHN ÉDICTÉ

CONFORMÉMENT À LA LOI SUR LES

VÉHICULES À MOTEUR (1973) ET LES

MODIFICATIONS AFFÉRENTES

Be it enacted by the Common Council of

The City of Saint John as follows:

Lors d’une réunion du conseil municipal,

The City of Saint John a décrété ce qui suit :

A By-law of The City of Saint John

entitled "A By-law Respecting Traffic On Streets

In The City of Saint John Made Under The

Authority of The Motor Vehicle Act, 1973, and

Amendments Thereto", enacted on the 19th day of

December, A.D. 2005 (the “By-law”), is hereby

amended as follows:

Par les présentes, l’arrêté de The City of

Saint John intitulé « Arrêté relatif à la circulation

dans les rues dans The City of Saint John édicté

conformément à la Loi sur les véhicules à moteur

(1973) et les modifications afférentes », décrété le

19 décembre 2005 (« Arrêté »), est modifié

comme suit :

1 Section 26 is repealed and replaced with the

following:

26(1) Subject to subsection 26(2), any

person who violates a provision of this By-

law is guilty of an offence and is liable

upon summary conviction to a penalty of

not less than sixty-five dollars and not to

exceed ninety dollars.

26(2) Any person who violates paragraphs

5(4)(d), 5(4)(e), 5(4)(i), section 10,

subsection 16(1) or section 19 of this By-

law is guilty of an offence and liable upon

summary conviction to a penalty of not less

than one hundred dollars and not more than

one hundred and twenty-five dollars.

26(3)(a) A person who violates any

provision of this By-law, other than

paragraphs 5(4)(d), 5(4)(e), 5(4)(i), section

10, subsection 16(1) and section 19, may

pay to the City of Saint John within fifteen

calendar days from the date of such

violation a fixed penalty of thirty dollars,

and upon such payment, the person who

committed the violation is not liable to be

prosecuted therefor.

1 L’article 26 est abrogé et remplacé par ce

qui suit :

26(1) Sous réserve du paragraphe 26(2),

toute personne qui contrevient à une des

dispositions du présent Arrêté est coupable

d’une infraction et passible sur

condamnation sommaire d’une pénalité

minimale de soixante-cinq dollars et ne

dépassant pas quatre-vingt-dix dollars.

26(2) Toute personne qui contrevient aux

alinéas 5(4)(d), 5(4)(e), 5(4)(i), l’article 10,

le paragraphe 16(1) ou l’article 19 du

présent Arrêté est coupable d’une

infraction et passible sur condamnation

sommaire d’une pénalité d’un montant

minimal de cent dollars et d’un montant

maximal de cent vingt-cinq dollars.

26(3)(a) Toute personne qui contrevient à

une disposition du présent Arrêté, autres

que celles prévues aux alinéas 5(4)(d),

5(4)(e), 5(4)(i), l’article 10, le paragraphe

16(1) et l’article 19, peut payer à City of

Saint John dans un délai de quinze jours

civils à compter de la date de ladite

infraction, une pénalité prévue de trente

dollars, et une fois l’amende payée, la

personne n’est plus susceptible de

poursuites judiciaires.

55

26(3)(b) A person who violates any




pay to the City of Saint John a fixed

penalty of forty dollars if payment is made

more than fifteen calendar days after the

date of the violation but within thirty

calendar days of such violation, and upon

such payment, the person who committed

the violation is not liable to be prosecuted

therefor.

26(3)(c) A person who violates any




pay to the City of Saint John a fixed

penalty of sixty-five dollars if payment is

made more than thirty calendar days after

the date of such violation but before

conviction in the Provincial Court of New

Brunswick, and upon such payment, the

person who committed the violation is not

liable to be prosecuted therefor.

26(3)(d) A person who violates paragraphs

5(4)(d), 5(4)(e), section 10, subsection

16(1) or section 19 may pay to the City of

Saint John within fifteen calendar days

from the date of such violation a fixed

penalty of fifty dollars, and upon such

payment, the person who committed the

violation is not liable to be prosecuted

therefor.

26(3)(e) A person who violates paragraphs


16(1) or section 19 may pay to the City of

Saint John a fixed penalty of seventy- five

dollars if payment is made more than

fifteen calendar days after the date of such

violation but within thirty calendar days of

such violation, and upon such payment, the



26(3)(b) Toute personne qui contrevient à


que celles prévues aux alinéas 5(4)(d),



Saint John une pénalité prévue de quarante

dollars si l’amende est acquittée plus de

quinze jours civils après la date de

l’infraction mais trente jours civils de ladite

infraction, et une fois l’amende payée, la

personne n’est plus susceptible de


26(3)(c) Toute personne qui contrevient à


que celles prévues aux paragraphes 5(4)(d),



Saint John une pénalité prévue de soixante-

cinq dollars si l’amende est acquittée plus

de trente jours civils de la date de

l’infraction mais avant une déclaration de

culpabilité à la Cour provinciale du

Nouveau-Brunswick, et une fois l’amende

payée, la personne n’est plus susceptible de


26(3)(d) Toute personne qui contrevient

aux alinéas 5(4)(d), 5(4)(e), l’article 10, le

paragraphe 16(1) et l’article 19, peut payer

à City of Saint John, dans un délai de

quinze jours civils à compter de la date de

l’infraction, une pénalité prévue de

cinquante dollars, et une fois l’amende



26(3)(e) Toute personne qui contrevient



à City of Saint John une pénalité prévue de

soixante-quinze dollars si l’amende est

acquittée plus de quinze jours civils après

la date de l’infraction mais dans les trente

jours civils de ladite infraction, et une fois

l’amende payée, la personne n’est plus

susceptible de poursuites judiciaires.

56

26(3)(f) A person who violates paragraphs


16(1), or section 19 may pay to the City of

Saint John a fixed penalty of one hundred

dollars if payment is made more than thirty

calendar days after the date of such

violation but before conviction in the

Provincial Court of New Brunswick, and

upon such payment, the person who

committed the violation is not liable to be

prosecuted therefor.

26(3)(g) A person who violates paragraph

5(4)(i) may pay to the City of Saint John

within thirty calendar days from the date of

such violation a fixed penalty of seventy-

five dollars, and upon such payment, the



26(3)(h) A person who violates paragraph

5(4)(i) may pay to the City of Saint John a

fixed penalty of one hundred dollars if

payment is made more than thirty calendar

days after the date of such violation but

before conviction in the Provincial Court of

New Brunswick, and upon such payment,

the person who committed the violation is

not liable to be prosecuted therefor.

26(3)(f) Toute personne qui contrevient



à City of Saint John une pénalité prévue de

cent dollars si l’amende est acquittée plus

de trente jours civils de la date de

l’infraction mais avant une déclaration de

culpabilité à la Cour provinciale du

Nouveau-Brunswick, et une fois l’amende



26(3)(g) Toute personne qui contrevient à

l’alinéa 5(4)(i), peut payer à City of Saint

John, dans un délai de trente jours civils à

compter de la date de ladite infraction, une

pénalité prévue de soixante-quinze dollars,

et une fois l’amende payée, la personne

n’est plus susceptible de poursuites

judiciaires.

26(3)(h) Toute personne qui contrevient à

l’alinéa 5(4)(i) peut payer à City of Saint

John une pénalité prévue de cent dollars si

l’amende est acquittée plus de trente jours

civils de la date de l’infraction mais avant

une déclaration de culpabilité à la Cour

provinciale du Nouveau-Brunswick, et une

fois l’amende payée, la personne n’est plus

susceptible de poursuites judiciaires.

57

IN WITNESS WHEREOF The City of Saint John

has caused the Corporate Common Seal of the said

City to be affixed to this by-law the day

of , A.D. 2014 signed by:

EN FOI DE QUOI, The City of Saint John a fait

apposer son sceau municipal sur le présent arrêté

le 2014, avec les signatures

suivantes :

_______________________________________

Mayor /Maire

______________________________________


First Reading -

Second Reading -

Third Reading -

Première lecture - Deuxième lecture - Troisième lecture -

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city of saint john common council meeting agenda com… · · 2014-03-12city of saint john common...

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