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2007-02-12_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, February 12, 2007 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor City Hall 1.1 Request for Inquiry into Pension Board Conduct 10.2(4)(f)(Referred Jan. 29, 2007) 1.2 Nominating Committee 10.2(4)(b) 1.2(a) Recommendation for Appointment 10.2(4)(b) 1.3 Land Negotiations 10.2(4)(d) 1.4 Contract Negotiations 10.2(4)(c) 1.5 Internal Memoranda 10.2(4)(f) 1.6 Property Matter 10.2(4)(d) Regular Meeting 1. Call to Order — Prayer 6:30 p.m. Council Chamber 2. Approval of Minutes 2.1 Approval of January 29, 2007 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Fundy Bay Festival Inc. Request to Present to Council (Recommendation: Refer to Clerk to Schedule a Presentation)(Forwarded Jan. 29, 2007) 5.2 Petition on Truck Traffic and Speeding on Manawagonish Road (Recommendation: Refer to City Manager and Police Commission) 5.3 Saint John Board of Police Commissioners Election of Commissioners (Recommendation: Receive for Information) 5.4 Letter from Jon MacQueen re Parking on Carmarthen Street (Recommendation: Refer to City Manager) 5.5 Letter from Barry Ogden re Marigold Project (Recommendation: Receive for Information) 5.6 Letter from E.A. Farren Limited re Trauma Centre (Recommendation: Receive for Information) 5.7 Engagement of Engineering Consultants - 2007 Capital Program (Recommendation in Report) 5.8 Preliminary Design of the Eastern and Western Potable Water Treatment Facilities (Recommendation in Report) PDF created with pdfFactory trial version www.pdffactory.com 5.9 Traffic Signals - Broad Street and Carmarthen Street (Recommendation in Report) 5.10 Public Hearing Dates 24 Simpson Dr 141 Churchland Rd and Market Square (Recommendation in Report) 5.11 Lease #222 (Lower Cove Loop)- Saint John Port Authority (Recommendation in Report) 5.12 Lease of Space Stall No. C - The City Market (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Proclamation February 4 -10, 2007 International Development Week 7.2 Proclamation Heritage Week February 11 -17, 2007 8. Delegations / Presentations 6:45 p.m. 8.1 Greater Saint John Senior Advisory Committee 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning Bylaw Amendment - 130 -136 MacLaren Boulevard 9.1(b) Planning Advisory Committee Recommending Rezoning of 130 -136 MacLaren Boulevard 9.1(c) Crescent Valley Tenants Assoc. in favor of Rezoning of MacLaren Boulevard 10. Consideration of By -laws 10.1 Third Reading Water and Sewerage Bylaw Amendment 11. Submissions by Council Members 11.1 Snow Removal from City Sidewalks (Councillor Court) 11.2 Storm Water Management (Councillor Court) 11.3 Restriction of Cell Phones in Council Chamber (Councillor Court) 11.4 Climate Change (Councillor Chang) 11.5 One Mile House, Welsford Bypass, Route No. 1 to St. Stephen (Councillor Titus) 11.6 Defamation Action (Councillor Ferguson) 12. Business Matters - Municipal Officers 12.1 Saint John Water - 2006 Annual Water Report (Forwarded Jan. 29, 2007) 12.2(a) Princess Street - Proposed Reconstruction Schedule (Forwarded Jan. 29, 2007) 12.2(b)Hayward and Warwick re Princess St Upgrading (Forwarded Jan. 29, 2007) 12.2(c) Uptown Saint John re Princess St Upgrading (Forwarded Jan. 29, 2007) 12.2(d) Hayward and Warwick Princess Street Improvements 12.3 Consultant Services - Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection for 2005 and 2006 (Forwarded Jan. 29, 2007) 12.4 Public Hearing 150 Westmorland Withdrawal of Application (Forwarded Jan. 29, 2007) 12.5 Item 11.3 Common Council Meeting of January 29, 2007 13. Committee Reports PDF created with pdfFactory trial version www.r)dffactory.com 13.0 Nominating Committee Report - Appointments (Forwarded January 29, 2007) 13.1 Saint John Parking Commission Residential Street Parking in Southern Peninsula (Forwarded Jan. 29, 2007) 13.2 By -law Review Committee Update 13.3 Minister Bev Oda Museum Policy (Forwarded January 29, 2007) 13.4 Staffing Process Holiday Relief Firefighters (Forwarded January 29, 2007) 13.5 Planning Advisory Committee Proposed Amendment to the Zoning By -law 13.6 Planning Advisory Committee Recommending Desmond Subdivision - 2797 Loch Lomond Road 13.7 Mediation Pension Board vs J. Ferguson 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Letter from Frank Rodgers re Dispute between Pension Board and Councillor Ferguson 15.2 Boys and Girls Club Letter of Appeal of City Grant 15.3 Lily Lake Pavilion re Water Seepage 16. Adjournment PDF created with pdfFactory trial version www.r)dffactory.com City of Saint John Seance du conseil communal Le lundi 12 f6vrier 2007 Comit6 pl6nier 1. Ouverture de la s6ance 17 h Salle de conf6rence du 8e 6tage a 1'h6tel de ville 1.1 Demande visant a entamer une enquete sur le comportement du Conseil de retraite - alin6a 10.2(4)f) (s6ance du 29 janvier 2007) 1.2 Comit6 des candidatures - alin6a 10.2(4)b) (proposition pr6sent6e le 29 janvier 2007) 1.2a) Recommandation de nomination - alin6a 10.2(4)b) 1.3 N6gociations relatives aux biens -fonds - alin6a 10.2(4)d) 1.4 N6gociations contractuelles - alin6a 10.2(4)c) 1.5 Notes de service internes - alin6a 10.2(4)f) Seance ordinaire 1. Ouverture de la s6ance, suivie de la priere 18 h 30 Salle du conseil 2. Approbation du proces- verbal 2.1 Approbation du proces- verbal de ]a s6ance tenue le 29 janvier 2007 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 Demande soumise par l'organisme Fundy Bay Festival Inc., en vue de se pr6senter devant le conseil (recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fix6e) (transmise le 29 janvier 2007) 5.2 P6tition relative a la circulation de camions et a 1'exc&s de vitesse sur le chemin Manawagonish (recommandation : transmettre au directeur g6n6ral et a la Commission de police) 5.3 Nominations des commissaires du Bureau des commissaires de la police de Saint John (recommandation : accepter a titre informatif) 5.4 Lettre revue de Jon MacQueen relative au stationnement sur la rue Carmarthen (recommandation : transmettre au directeur g6n6ral) 5.5 Lettre revue de Barry Ogden relative au projet Marigold (recommandation accepter a titre informatif 5.6 Lettre revue de E.A. Farren Limited relative au service de traumatologie (recommandation : accepter a titre informatif) 5.7 Nomination d'ing6nieurs- conseils relativement au programme d'immobilisations de 2007 (recommandation formuke au rapport) PDF created with pdfFactory trial version www.pdffactory.com 5.8 Avant - projet sommaire relatif aux installations de traitement de 1'eau potable des quartiers est et ouest (recommandation formul6e au rapport) 5.9 Feux de circulation a l'intersection des rues Broad et Carmarthen (recommandation formul6e au rapport) 5.10 Dates d'audiences publiques relatives au 24, promenade Simpson, au 141, chemin Churchland et a la place Market (recommandation formul6e au rapport) 5.11 Bail ri 222 (Lower Cove Loop) — Administration portuaire de Saint John 5.12 Location de Ntal ri « C » au March6 municipal (recommandation formul6e au rapport) 6. Commentaires pr&en0s par les membres 7. Proclamation 7.1 Proclamation de la Semaine du d6veloppement international du 4 au 10 f&vrier 2007 7.2 Proclamation de la Semaine du patrimoine du 11 au 17 f6vrier 2007 8. D616gations et pr6sentations 18h45 8.1 Comit6 consultatif des afn6s du Grand Saint John 9. Audiences publiques 19h 9.1a) Projet de modification de 1'arret6 sur le zonage visant le 130 -136, boulevard MacLaren 9.1b) Comit6 consultatif d'urbanisme recommandant le rezonage du bien- fonds situ6 au 130 -136, boulevard MacLaren 9.1c) Association des locataires de Crescent Valley se pronon� ant en faveur du projet de rezonage visant le boulevard MacLaren 10. Etude des arret6s municipaux 10.1 Troisi&me lecture de la modification de 1'arret6 concernant le r6seau d'aqueduc et d'6gouts 11. Intervention des membres du conseil 11.1 D6neigement des trottoirs municipaux (conseiller Court) 11.2 Gestion de eaux pluviales (conseiller Court) 11.3 Interdiction relative aux t616phones cellulaires dans la salle du conseil (conseiller Court) 11.4 Changements climatiques (conseiller Chang) 11.5 L'6changeur de One -Mile House, la voie de contournement Welsford, et la route ri 1 en direction de St. Stephen (conseiller Titus) 11.6 Poursuite en diffamation (conseiller Ferguson) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Rapport annuel de 2006 relatif au r6seau d'aqueduc de Saint John (transmis le 29 janvier 2007) 12.2a) Calendrier des travaux de r6fection propos6s sur la rue Princess (transmis le 29 janvier 2007) 12.2b) Travaux de r6fection pr6vus sur la rue Princess par Hayward and Warwick Ltd (transmis le 29 janvier 2007) 12.2c) Uptown Saint John relativement aux travaux de r6fection sur la rue Princess (transmis le 29 janvier 2007) PDF created with pdfFactory trial version www.i)dffactory.com 12.2d) Travaux de r6fection pr6vus sur la rue Princess par Hayward and Warwick Ltd 12.3 Services consultatifs relatifs au b6ton asphaltique, aux Mons de ciment Portland et a Nvaluation et l'inspection des sols pour 2005 et 2006 (transmis le 29 janvier 2007) 12.4 Audience publique — Retrait de la demande de modification relative au 150, rue Westmorland (transmis le 29 janvier 2007) 12.5 Point 11.3 relatif a la s6ance du conseil tenue le 29 janvier 2007 13. Rapports de comi0s 13.0 Rapport du comit6 des candidatures — nominations (transmis le 29 janvier 2007) 13.1 Commission sur le stationnement de Saint John relativement au stationnement r6sidentiel dans le quartier Southern Peninsula (transmis le 29 janvier 2007) 13.2 Mise a jour du Comit6 de revision des arret6s municipaux 13.3 La ministre Bev Oda relativement a la politique sur les mus6es (transmis le 29 janvier 2007) 13.4 Processus de dotation en personnel - pompiers de rel&ve pendant les cong6s annuels (transmise le 29 janvier 2007) 13.5 Comit6 consultatif d'urbanisme relativement au projet de modification de 1'arret6 sur le zonage 13.6 Recommandation du Comit6 consultatif d'urbanisme visant le lotissement Desmond situ6 au 2797, chemin Loch Lomond 13.7 Processus de m6diation dans 1'affaire Conseil de retraite c. J. Ferguson 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 15. Correspondance g6n6rale 15.1 Lettre revue de Frank Rodgers relative au conflit entre le Conseil de retraite et le conseiller Ferguson 15.2 Lettre revue du Club garcons et filles en appel de la d6cision relative a la subvention municipale 15.3 Lily Lake Pavilion relativement a la fuite d'eau 16. C16ture de la s6ance PDF created with pdfFactory trial version www.pdffactory.com 92 -661 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JANUARY 29, 2007 - 6:30 P.M. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White - and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; B. Reid, Deputy Police Chief; M. Gillan, Deputy Fire Chief; P. Woods, Common Clerk and Deputy City Manager; and E. Gormley, Assistant Common Clerk SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 29 JANVIER 2007 A 18 H 30 Sont presents : Norman McFarlane, maire la mairesse suppleante Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; J. Baird, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; B. Reid, chef de police adjoint; M. Gillan, chef adjoint du service d'incendie; P. Woods, greffier communal et directeur general adjoint; ainsi que E. Gormley, greffiere communale adjointe Call To Order — Prayer Mayor McFarlane called the meeting to order and Reverend Roland Randall offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire McFarlane et le pasteur Roland Randall recite la priere d'ouverture. 2. Approval of Minutes On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on January 15, 2007 be approved. Councillor Ferguson proposed a motion which was seconded by Councillor Farren to allow vehicle access to residents in the area of 53 -75 Leinster Street. The Clerk advised that vehicle access was not part of the Section 39 conditions and the minutes as submitted are accurate, and that the motion proposed by Councillor Ferguson is not appropriate at this time. Question being taken on the approval of the minutes, the motion was carried. Councillor Ferguson proposed a motion which was seconded by Councillor Farren to allow vehicle access to residents in the area of 53 -75 Leinster Street. PDF created with pdfFactory trial version www.pdffactory.com 92 -662 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 Councillor Tait raised a point of order stating that the issue contained in the proposed motion is not on the agenda on which the Mayor ruled in favor of Councillor Tait's point of order. 2. Approbation du proces- verbal Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le proces- verbal de la seance du conseil communal tenue le 15 janvier 2007 soit approuve. Le conseiller Ferguson propose une motion, appuyee par le conseiller Farren, visant a permettre aux residents des proprietes situees au 53 jusqu'au 75, rue Leinster d'y acceder par voiture. Le greffier indique que I'acces par voiture n'etait pas inclus aux conditions imposees par I'article 39 et que le proces- verbal, tel qu'il est presente, est exact et que la motion proposee par le conseiller Ferguson n'est pas pertinente a ce moment. A ('issue du vote, la proposition relative a I'approbation du proces- verbal, est adoptee. Le conseiller Ferguson propose une motion, appuyee par le conseiller Farren, visant a permettre aux residents des proprietes situees au 53 jusqu'au 75, rue Leinster d'y acceder par voiture. Le conseiller Tait invoque le reglement et indique que le point souleve par la motion proposee n'est pas inscrit a I'ordre du jour et le maire tranche en faveur de I'argument avance par le conseiller Tait. 3. Approval of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the agenda of this meeting be approved with the addition of 13.0 Committee of the Whole Report; Musuems Policy as 13.3 and Staffing Process as 13.4. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout des points 13.0, Rapport du comite plenier, 13.3, Politique sur les musees et 13.4, Processus de dotation en personnel. A ('issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest The Common Clerk declared a potential conflict of interest which may result from his statutory responsibility on the Pension Board and to Council as Clerk, and his role in advising Council on procedural matters, and advised that he will withdraw from the meeting for the discussions on items 11.3, 11.4 and 13.2, with the Assistant Clerk to replace him for these discussions. The City Solicitor advised that in April 2005 he filed a disclosure of interest based upon his serving as a Trustee with the Pension Plan, describing the relevant concern as follows: "relating to the powers and duties of the Pension Board and its function in relation to those powers and duties, and to any other similar matters which come before the Council in the future ", and further advised that he will excuse himself from the meeting for the items 11.3, 11.4 and 13.2, and that Linda Farrell, Solicitor will be present for those items. PDF created with pdfFactory trial version www.pdffactory.com 92 -663 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 The City Manager advised that it would be unlikely that the Council will ask him for information on policy during the discussions on items 11.3, 11.4 and 13.2, and therefore he does not believe he is in conflict, but that he will excuse himself for the ease of discussions. The Commissioner of Finance advised that for the reasons indicated by the City Manager, he will excuse himself for the items, 11.3 11.4 and 13.2. The Mayor advised that he does not feel that he has any more of a conflict than Councillor Ferguson has, but in the interest of perception he will excuse himself for the items in question. Councillor Titus gave notice that he may step out if it appears that he should, but that he does not believe he has a conflict with item 11.3, 11.4 or 13.2, and noted that the author of item 11.4 would be in as much of a conflict as he might be. Councillor Tait advised that he will withdraw from the meeting for the items in question. 4. Divulgations de conflits d'interets Le greffier communal declare qu'il est possible qu'il soit en conflit d'interets en vertu de ses responsabilites legales envers le regime de retraite et le conseil en tant que greffier vu qu'il doit conseiller le conseil sur des questions de reglement interne, donc it devra quitter la seance pendant la discussion des points 11.3, 11.4 et 13.2, et demande a la greffiere adjointe de le remplacer. L'avocat municipal affirme qu'en avril 2005, it avait divulgue un conflit d'interets fonde sur sa qualite de fiduciaire du regime de retraite soulignant les preoccupations judicieuses suivantes : « relativement aux pouvoirs conferes au Conseil de retraite et aux devoirs qu'il impose, ainsi qu'a toute responsabilite liee a ces pouvoirs et devoirs et a toute autre question similaire presentee devant le conseil a I'avenir », it indique qu'il quittera la seance pendant la discussion des points 11.3, 11.4 et 13.2 et que Linda Farrell, avocate, sera presente. Le directeur general indique qu'il serait peu probable que le conseil lui demande de fournir des renseignements sur les politiques au cours des discussions portant sur les points 11.3, 11.4 et 13.2 et que, par consequent, it ne voit aucun conflit, mais it quittera la seance afin de faciliter les discussions. Le Commissaire aux finances indique qu'il quittera la seance pendant les discussions portant sur les points 11.3, 11.4 et 13.2 pour les memes raisons evoquees par le directeur general. Le maire affirme qu'il nest plus en conflit d'interets que le conseiller Ferguson, mais que pour faciliter la procedure, it quittera lui aussi la seance pendant la discussion des points en question. Le conseiller Titus indique qu'il quittera la seance s'il appert qu'il soit necessaire, mais qu'a son avis, it West pas en conflit d'interets relativement aux points 11.3, 11.4 et 13.2, et que I'auteur du point 11.4 se retrouverait dans une situation de conflit tout comme lui. Le conseiller Tait indique qu'il quittera la seance pendant la discussion des points en question. 5. Consent Agenda 5.1 That the letter from the NB Horticultural Trades Association requesting to present to Council, be referred to the Common Clerk to schedule a presentation. 5.2 That the letter from Dynamic Construction Corporation Ltd. submitting an invoice for supplying compensatory water storage, be received for information. 5.3 That the letter from Saint John Industrial Parks Ltd. notifying Council of expired terms of service for two Board members, be referred to the Nominating Committee. 5.4 That the letter from the Saint John Community Loan Fund requesting financial support, be referred to the Clerk to schedule a presentation. PDF created with pdfFactory trial version www.pdffactory.com 92 -664 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 5.5 That Common Council schedule the Public Hearing for the rezoning application of Robert L. Boyce, Architect (130 -136 MacLaren Boulevard) for Monday, February 12, 2007 at 7:00 p.m. in the Council Chamber. 5.6 That the February 12, 2007 public hearings for the rezoning applications of Hughes Surveys & Consultants Inc. (on behalf of Saint John Energy) at 304 Westmorland Road, and Haldor (1972) Ltd. at the rear portion of 298 Westmorland Road, be cancelled. 5.7 Your City Manager recommends that the proposal submitted by Fundy Engineering & Consulting for the "Energy Feasibility Study, Saint John Water and Wastewater Facilities" be accepted at a cost of $89,555. plus applicable taxes; and that the Mayor and Common Clerk be authorized to execute the appropriate contract document. 5.8 1. That The City of Saint John acquire the fee simple interest in two parcels of land from the Province of New Brunswick Supply and Services for $12,000. plus H.S.T. (if applicable), identified as PID Numbers 313718 and 55033500, having a total area of approximately 19.35 acres, as illustrated on the submitted map; and 2. That the Mayor and Common Clerk be authorized to execute any document required to finalize this transaction. 5.9 That the City of Saint John acquire a 1,500 square metre for Municipal Services Easement /Easement for Municipal Services (as generally shown on the submitted sketch) from 512299 NB Inc. for $17,020. (plus HST if applicable) on or before March 31, 2007, and that the Mayor and /or Common Clerk are authorized to execute any necessary document and that Common Council assent to the required municipal services easement. 5.10 That the letter from the Fundy Skateboard Association and the Saint John Waterfront Development Partnership requesting an opportunity to appear before Council to present an update, be referred to the Clerk to schedule a presentation. Councillor McGuire proposed that the recommendation in item 5.4 read as follows: "Recommendation: Refer to the Clerk to schedule a presentation ". On motion of Councillor White Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Resolu que la lettre de demande reque de I'Association des horticulteurs du Nouveau - Brunswick, visant a se presenter devant le conseil, soit transmise au greffier communal aux fins d'inscription de la date de presentation a I'ordre du jour. 5.2 Resolu que la lettre reque de Dynamic Construction Corporation Ltd. soumettant une facture pour services compensatoires de stockage des eaux, soit acceptee a titre informatif. 5.3 Resolu que la lettre reque de Saint John Industrial Pares Ltd., avisant le conseil de 1'expiration des mandats de deux membres du conseil d'administration, soit transmise au Comite des candidatures. 5.4 Resolu que la lettre de demande de soutien financier regue du Fonds d'emprunt communautaire de Saint John, soit transmise au greffier communal aux fins d'inscription d'une date de presentation a I'ordre du jour. 5.5 Resolu que le conseil communal prevoie une audience publique relativement a la demande de rezonage presentee par Robert L. Boyce, architecte, visant le 130- 136, boulevard MacLaren, le lundi 12 fevrier 2007 a 19 h dans la salle du conseil. PDF created with pdfFactory trial version www.r)dffactory.com 92 -665 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 5.6 Resolu que les audiences publiques prevues le 12 fevrier 2007 relatives aux demandes de rezonage presentees par Hughes Surveys & Consultants Inc., (au nom de Saint John Energy), visant le 304, chemin Westmorland; et Haldor (1972) Ltd., visant le terrain situe a I'arriere du 298, chemin Westmorland, soient annulees. 5.7 Le directeur general recommande I'acceptation de la proposition presentee par Fundy Engineering & Consulting relativement a N< Etude de faisabilite sur la consommation d'energie aux installations d'eau et d'egouts de Saint John » pour la somme de 89 555 $ et les taxes applicables en sus; et que le maire et le greffier communal soient autorises a signer la documentation contractuelle exigee. 5.8 1. Resolu que The City of Saint John acquiere l'interet en fief simple de deux parcelles de terrain d'une superficie approximative de 19,35 acres, appartenant au ministere des Approvisionnements et Services de la province du Nouveau - Brunswick, et inscrites sous les NID 313718 et 55033500, pour la somme de 12 000 $ (TVH en sus, le cas echeant), comme I'illustre la carte presentee; 2. Resolu que le maire et le greffier communal soient autorises a signer la documentation exigee afin de conclure ladite transaction. 5.9 Resolu que The City of Saint John acquiere une emprise aux fins de services municipaux d'une parcelle d'une superficie approximative de 1 500 metres carres (comme le montre de maniere generale le croquis presente) appartenant a 512299 N. -B. Inc., pour la somme de 17 020 $ (TVH en sus, le cas echeant), au plus tard le 31 mars 2007 et que le maire et le greffier communal soient autorises a signer toute documentation exigee et que le conseil donne son assentiment a 1'emprise aux fins de services municipaux. 5.10 Resolu que la lettre reque de Fundy Skateboard Association (association des planchistes de Fundy) et du Partenariat d'amenagement du secteur riverain de Saint John, voulant se presenter devant le conseil pour faire une mise au point, soit transmise au greffier aux fins d'inscription d'une date de presentation a I'ordre du jour. Le conseiller McGuire propose que la recommandation relative au point 5.4 se lise comme suit : « Recommandation : Transmettre au greffier aux fins d'inscription d'une date de presentation a I'ordre du jour. Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que la recommandation de chaque point de I'ordre du jour necessitant I'approbation du conseil soit adoptee. A I'issue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that Council permit an item be added to the agenda regarding the proposed Trauma Center. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that Council send a letter to the Premier and the Minister of Health recognizing the Saint John Regional Hospital as the existing accredited Trauma Center for the Province of New Brunswick, and that it continue as such, and also be enhanced in that role. Question being taken, the motion was carried. PDF created with pdfFactory trial version www.pdffactory.com 92 -666 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que le conseil accepte qu'un point soit ajoute a I'ordre du jour relativement au service de traumatologie propose. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que le conseil expedie une lettre adressee au Premier ministre et au ministre de la Sante du Nouveau - Brunswick voulant que le service de traumatologie en place a I'heure actuelle a I'hopital regional de Saint John soit reconnu comme etant le seul service accredits de ce genre dans la province, qu'il continue d'offrir ces services et que son image soit rehaussee. A I'issue du vote, la proposition est adoptee. 7. Proclamation 7.1 The Mayor proclaimed the month of February, 2007 as Heart Month in the City of Saint John. 7. Proclamation 7.1 Le maire declare que le mois de Wrier 2007 est le mois du coeur dans The City of Saint John. 8. Delegations /Presentations 8. Delegations et presentations 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -law Amendment— 128 Millidge Avenue 9.1(b) Planning Advisory Committee - Rezoning of 128 Millidge Avenue The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land having an area of approximately 330 square metres, located at 128 Millidge Avenue, also identified as being PID Number 00047084, from 1 -1" Light Industrial to "R -2" One and Two Family Residential classification to recognize an existing two - family dwelling as requested by Gary Savoie, with no written objections 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 23, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re -zone the above mentioned parcel of land. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED: 1. That Common Council rezone the parcel of land located at 128 Millidge Avenue, also identified as PID 00047084, from 1 -1" Light Industrial to "R- 2" One and Two Family Residential, and PDF created with pdfFactory trial version www.pdffactory.com 92 -667 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 2. That prior to third reading, the building be inspected by both the City's Building Inspector and the Fire Department so that any Building / Fire Code deficiencies can be identified. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land having an area of approximately 330 square metres, located at 128 Millidge Avenue, also identified as being PID Number 00047084, from "1 -1" Light Industrial to "R -2" One and Two Family Residential classification, 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 White Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land having an area of approximately 330 square metres, located at 128 Millidge Avenue, also identified as being PID Number 00047084, from 1 -1" Light Industrial to "R -2" One and Two Family Residential classification, 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. Audiences publiques a 19 h 9.1a) Projet de modification de I'arrete sur le zonage relatif au 128, avenue Millidge 9.1b) Comite consultatif d'urbanisme recommandant le rezonage du bien -fonds situe au 128, avenue Millidge Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 128, avenue Millidge, d'une superficie approximative de 330 metres carres et inscrite sous le NID 00047084, afin de faire passer la classification s'y rapportant de zone d'industrie legere « 1 -1 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », en vue de reconnaiire une habitation bifamiliale existante a titre d'usage permis, a la demande de Gary Savoie, et qu'aucune objection ecrite n'a ete reque a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'une copie du rapport du personnel du service d'urbanisme, etudies lors de la reunion du 23 janvier 2007, a laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans le rapport du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain susmentionnee. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU : 1. que le conseil communal procede au rezonage de la parcelle de terrain situee au 128, avenue Millidge, inscrite sous le NID 00047084, afin de faire passer la classification s'y rapportant de zone d'industrie legere « 1 -1 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 »; PDF created with pdfFactory trial version www.pdffactory.com 92 -668 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 2. qu'avant la troisieme lecture, le batiment soit inspecte par l'inspecteur des batiments de la ville et le service d'incendie afin que les manquements aux Codes du batiment et de prevention des incendies soient releves. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 330 metres carres, situee au 128, avenue Millidge et portant le NID 00047084, afin de faire passer la classification s'y rapportant de zone d'industrie legere « 1 -1 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John ». Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 330 metres carres, situee au 128, avenue Millidge et portant le NID 00047084, afin de faire passer la classification s'y rapportant de zone d'industrie legere « 1 -1 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John ». 9.2(a) Proposed Zoning By -law Amendment — 7 -9 MacLaren Boulevard 9.2(b) Planning Advisory Committee — Rezoning of 7 -9 MacLaren Boulevard 9.2(c) Letter of Support — Rezoning of 7 -9 MacLaren Boulevard The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land having an area of approximately 2566 square metres, located at 7 -9 MacLaren Boulevard, also identified as being PID Number 00046391, from "RM -1" Three Storey Multiple Residential to "B -2" General Business classification to permit a beverage container redemption centre at the Royal Canadian Legion (Branch No. 64) property, as requested by Robert Colquhoun, with no written objections received. Consideration was also given to a letter of support, and a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its January 23, 2007 meeting at which the Committee decided to recommend denial as set out in the staff recommendation, recommending that Common Council deny the application to re -zone the above mentioned parcel of land. The Mayor called for members of the public to speak against the re- zoning with the following presenters: Ken Buckley of Crescent Valley Gospel Centre expressed concerns such as increased traffic, rodents, cleanliness of building and safety. Janet McLaughlin of Crescent Valley Community Tenant Association, advised that she is concerned with traffic cutting through private property and hours of operation. The Mayor called for members of the public to speak in favour of the re- zoning with the following presenters: The applicant, Robert Colquhoun, advised that he could work toward satisfying the residents' concerns, adding that he would put in an extra driveway on Samuel Davis PDF created with pdfFactory trial version www.pdffactory.com 92 -669 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 Drive, a fence for the safety of the children, that the hours of operation of the centre would be 8:30 to 5:00 p.m. on weekdays and from 8:30 to 1:00 p.m. on Saturday. Dennis Driscoll, Chair of the Royal Canadian Legion stating that the Legion will be a continued presence in the North End; that fund raising for the Legion has been difficult recently, and that selling the property would assist the Legion to continue to give back to the Community. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the application for re- zoning of a parcel of land having an area of approximately 2566 square metres, located at 7 -9 MacLaren Boulevard, also identified as being PID Number 00046391, from "RM -1" Three Storey Multiple Residential to "B -2" General Business classification, be tabled. Question being taken, the tabling motion was carried 9.2a) Projet de modification de I'arrete sur le zonage relatif au 7 -9, boulevard MacLaren 9.2b) Comite consultatif d'urbanisme recommandant le rezonage du bien -fonds situe au 7 -9, boulevard MacLaren 9.2c) Lettre d'appui visant le rezonage du bien -fonds situe au 7 -9, boulevard MacLaren Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 7 -9, boulevard MacLaren, d'une superficie approximative de 2 566 metres carres et inscrite sous le NID 00046391, afin de faire passer la classification s'y rapportant de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » a zone commerciale generale « B -2 », en vue de permettre 1'exploitation d'un centre de remboursement des recipients a boisson a 1'edifice de la Legion royale canadienne (filiale n° 64), a la demande de Robert Colquhoun, et qu'aucune objection ecrite n'a ete reque a cet egard. Examen d'une lettre d'appui et d'un rapport du Comite consultatif d'urbanisme, accompagne d'une copie du rapport du personnel du service d'urbanisme, etudies lors de la reunion du 23 janvier 2007, a laquelle le comite a resolu de recommander le rejet de la proposition, telle qu'elle est formulee dans le rapport du personnel, voulant que le conseil communal rejette la demande de rezonage de la parcelle de terrain susmentionnee. Le maire invite le public a exprimer son opposition quant au rezonage et les personnes suivantes prennent la parole. Ken Buckley du Centre Gospel de Crescent Valley se dit preoccupe par I'augmentation de la circulation routiere, les rongeurs, la proprete du batiment et la securite. Janet McLaughlin, de I'Association des locataires de la collectivite de Crescent Valley, exprime des inquietudes concernant les vehicules coupant a travers les proprietes privees et les heures d'exploitation. Le maire invite le public a exprimer son appui quant au rezonage et les personnes suivantes prennent la parole. Robert Colquhoun, le demandeur, indique qu'il est pret a repondre aux preoccupations des residents et ajoute qu'il installera une entree supplementaire sur la promenade Samuel Davis et une cloture pour la securite des enfants, et que les heures d'exploitation du centre seront de 8 h 30 a 17 h du lundi au vendredi, et de 8 h 30 a 13 h, le samedi. Dennis Driscoll, president de la Legion royale canadienne, declare que la Legion sera presente de fagon permanente dans le quartier nord; que la levee de fonds de la Legion a ete difficile recemment, et que la vente du terrain lui permettrait de continuer a redonner quelque chose a la collectivite. PDF created with pdfFactory trial version www.pdffactory.com 92 -670 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que la demande de rezonage d'une parcelle de terrain situee au 7 -9, boulevard MacLaren, d'une superficie d'environ 2 566 metres carres et portant le NID 00046391, de zone d'edifices a logements multiples de trois etages « RM -1 » a zone commerciale generale « B -2 » soit reportee. A ('issue du vote, la proposition visant a reporter 1'examen de cette question est adoptee. 10. Consideration of By -laws 10.1(a) Uptown Saint John Inc. 2007 Budget 10.1(b)Third Reading Business Improvement Levy By -law On motion of Councillor Farren Seconded by Councillor White RESOLVED that the submitted revised Uptown Saint John 2007 budget, be adopted. Question being taken, the motion was carried. The City Solicitor advised that at the last meeting, Council required the Directors of Uptown Saint John to call a general meeting to consider a revised budget based upon the fact that the submitted budget included revenues from areas outside of the business improvement area, and which could not be achieved in this year. He advised that the Legislation requires that fifteen days must have passed following the presentation of the budget before it is able to be approved, and suggested that the motion just passed be rescinded. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the motion, "RESOLVED that the submitted revised Uptown Saint John 2007 budget be adopted. ", be rescinded. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that Council intends to approve the revised budget as submitted and give third reading to the levy by -law, which has been given first and second readings on January 15, 2007, at the earliest possible date permitted by the Legislation, and that the Clerk proceed accordingly. Question being taken, the motion was carried. 10. Etude des arretes municipaux 10.1 a) Presentation du budget de 2007 de Uptown Saint John Inc. 10.1 b) Troisieme lecture de I'arrete concernant la taxe d'amelioration des affaires Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que le budget revise de 2007 presente par Uptown Saint John soit adopte. A ('issue du vote, la proposition est adoptee. L'avocat municipal mentionne qu'a la derniere seance, le conseil voulait que les directeurs de Uptown Saint John convoquent une assemblee generale afin d'examiner le budget revise en raison du fait que le budget presente incluait les recettes provenant des zones autres que celles de I'amelioration des affaires qui ne pouvaient titre realisees cette annee. II indique que la legislation prevoit que 15 jours doivent s'etre ecoules depuis la presentation du budget avant qu'il ne soit approuve, et it suggere que la proposition venant d'etre adoptee soit renversee. Proposition de la mairesse suppleante Hooton PDF created with pdfFactory trial version www.pdffactory.com 92 -671 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 Appuyee par le conseiller Farren RESOLU que la proposition « RESOLU que le budget revise de 2007 presente par Uptown Saint John soit adopte » soit renversee. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que le conseil indique son intention d'approuver le budget revise, tel qu'il a ete presente, et procede a la troisieme lecture de 1'arrete concernant la taxe d'amelioration des affaires, dont les premiere et deuxieme lectures ont ete effectuees le 15 janvier 2007, des que le permet la legislation, et que le greffier procede en consequence. A ('issue du vote, la proposition est adoptee. 10.2(a)Third Reading Zoning By -law Amendment — 18 Northumberland Avenue 10.2(b)Section 39 Conditions — 18 Northumberland Avenue On motion of Councillor Court Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 110 -31, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 18 Northumberland Avenue, having an area of approximately 620 square metres, also identified as being PID Number 00321943, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -31, a Law to Amend the Zoning By -law of The City of Saint John was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of a parcel of land with an area of approximately 620 square metres, located at 18 Northumberland Avenue, also identified as being PID Number 00321943, be subject to the following conditions: a) the use of the property is limited to a maximum of three dwelling units; and b) all tenant parking be restricted to the rear of the property, and further that upon rezoning of the property the land and building or structure thereon must be developed and used in conformity with the proposal and conditions identified as submitted. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 110 -31, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 18 Northumberland Avenue, having an area of approximately 620 square metres, also identified as being PID Number 00321943, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -31, a Law to Amend the Zoning By -law of The City of Saint John ". PDF created with pdfFactory trial version www.pdffactory.com 92 -672 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 10.2a) Troisibme lecture de la modification de I'arrete sur le zonage visant le 18, avenue Northumberland 10.2b) Conditions imposees par I'article 39 visant le 18, avenue Northumberland Proposition du conseiller Court Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete no C.P. 110- 31 modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 620 metres carres, situee au 18, avenue Northumberland et portant le NID 00321943 afin de faire passer la designation s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -31 modifiant 1'arrete sur le zonage de The City of Saint John » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU qu'en vertu des conditions prevues a I'article 39 de la Loi sur 1'urbanisme, le rezonage propose d'une parcelle de terrain d'une superficie d'environ 620 metres carres, situee au 18, avenue Northumberland et portant le NID 00321943, soit assujetti aux conditions suivantes : a) que ('usage de la propriete soit limite a un nombre maximal de trois logements; et b) que I'aire de stationnement de tous les locataires soit restreinte a l'arriere de la propriete et, de plus, qu'a la suite du rezonage de la propriete, le terrain ainsi que tout batiment ou construction qui s'y trouvent, soient amenages et utilises conformement a la proposition presentee et aux conditions precisees. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete no C.P. 110- 31 modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 620 metres carres, situee au 18, avenue Northumberland et portant le NID 00321943 afin de faire passer la designation s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -31 modifiant I'arrete sur le zonage de The City of Saint John ». 11. Submissions by Council Members 11.1 Financial Incentives for Rehabilitation of Historic Places On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the Common Council of the City of Saint John request the Federal Ministers of Culture and Finance to include financial incentives in the 2007 Federal Budget which would encourage private sector investment in the rehabilitation of historic places, as addressed in the resolution adopted at the Annual General Meeting of the Heritage Canada Foundation on October 14, 2006, and that the submitted report be forwarded to local Members of Provincial and Federal Parliament, the Cities Association of New Brunswick, and the Federation of Canadian Municipalities. Question being taken, the motion was carried PDF created with pdfFactory trial version www.pdffactory.com 92 -673 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 11. Intervention des membres du conseil 11.1 Incitatifs financiers relatifs a la restauration des lieux patrimoniaux Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que le conseil communal de The City of Saint John demande aux ministres federaux de la Culture et des Finances d'inclure les incitatifs financiers dans le budget federal de 2007, ce qui aurait pour effet d'encourager les investissements du secteur prive dans la restauration des lieux patrimoniaux, comme on le propose dans la resolution adoptee lors de I'assemblee generale annuelle de la fondation Heritage Canada qui s'est tenue le 14 octobre 2006, et que le rapport presente soit achemine aux deputes federaux et provinciaux, a I'Association des cites du Nouveau - Brunswick et a la Federation canadienne des municipalites. A ('issue du vote, la proposition est adoptee. 11.2 Heritage Budget 2007 On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the letter from Deputy Mayor Hooton, Chair of the Heritage Development Board thanking Common Council for its support for the Grants for Heritage Conservation Program, be received for information. Question being taken, the motion was carried. The Mayor asked that item 13.2, City of Saint John Pension Board — Defamation Action, be brought forward following 11.4. (The Mayor, Common Clerk, City Solicitor, City Manager, Commissioner of Finance, and Councillor Tait withdrew from the meeting declaring a possible conflict of interest with the following three items, and the Deputy Mayor, Solicitor, Lynda Farrell, and the Assistant Common Clerk replaced the Mayor, the Common Clerk and the City Solicitor.) 11.2 Budget du patrimoine de 2007 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que la lettre presentee par la mairesse suppleante Hooton, presidente du Conseil d'amenagement du patrimoine, remerciant le conseil de son soutien dans le cadre des bourses octroyees dans le cadre du programme de conservation du patrimoine, soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. Le maire demande que le point 13.2, Conseil de retraite de The City of Saint John, poursuite en diffamation, soit examine apres le point 11.4. (Le maire, le greffier communal, I'avocat municipal, le directeur general, le commissaire aux finances et le conseiller Tait quittent la seance apres avoir declare un conflit d'interets possible relativement aux trois points suivants et la mairesse suppleante, Me Lynda Farrell et la greffiere adjointe remplacent le maire, le greffier et I'avocat municipal.) 11.3 Decision of Pension Board to Sue Councillor Ferguson On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the letter from Councillor Court on the issue of the decision of the Pension Board to sue Councillor Ferguson, be received for information. Councillor Court asked that anyone that is on the Pension Board and the member being sued withdraw, at which time Councillor Titus withdrew from the meeting. PDF created with pdfFactory trial version www.pdffactory.com 92 -674 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 Councillor Ferguson began to comment saying that there are things that remain hidden that need to be brought out, that the costs affect every citizen in a very substantial way, and the aspect of some of the members of Council suing a Councillor for raising in public sessions..., at which time Councillors Titus and Court raised a point of order saying that the remarks were beyond the scope of the issue. The Deputy Mayor ruled in favor of Councillors Titus and Court. In response to the Deputy Mayor's question, Ms. Farrell quoted from the Municipalities Act, Section 90.9 subsection 1, advising that: "among the consequences of someone who is in conflict, in addition to or in lieu of any sentence which may be imposed in accordance with the Provincial Offences Procedures Act, the court may make one or more of the following orders namely: order the person to resign his office or position on such terms and conditions as the court prescribes; prohibit the person from holding that office or position or any other specified office or position during such period of time as the court prescribes; make any other order that the court considers appropriate in the circumstances, and a failure to comply with such order shall be deemed to be a contempt in the face of the court and is punishable as such." Ms. Farrell added that the determination as to whether a Council Member is in conflict must be made by the member himself, or herself, and that if they stand to lose or gain monetarily, they are in a conflict. Councillor Ferguson commented that he is not in a conflict of interest, and that he will abstain from the vote, to which the Deputy Mayor advised that a Council member cannot abstain from voting. The Deputy Mayor commented that in this situation if the Pension Board were successful in its suit and asked for damages, then Councillor Ferguson would be in a financially negative position, adding that she is concerned about this. (Councillor Ferguson withdrew from the meeting.) Councillor Court read his submitted letter. Councillor Chase proposed mediation in this dispute and in response to Councillor Chase's question, Ms. Farrell advised that she would find out if Council, as the Pension Plan sponsor, can force mediation, and report back to Council. On motion of Councillor Chase Seconded by Councillor Court RESOLVED that the Solicitor determine if Council, as the Pension Plan sponsor, can force mediation in the Pension Board action against Councillor Ferguson, and report back to Council, and that Council send a letter to the City of Saint John Pension Board and to Councillor Ferguson requesting that they consider mediation in the Pension Board's defamation action against Councillor Ferguson. Question being taken, the motion was carried, with Councillors Farren and McGuire voting nay. (Councillor Chang and Councillor McGuire withdrew from the meeting.) (Councillor Ferguson re- entered the meeting.) 11.3 Decision prise par le Conseil de retraite visant a poursuive en justice le conseiller Ferguson Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que la lettre presentee par le conseiller Court relative a la decision prise par le Conseil de retraite d'intenter des poursuites judiciaires contre le conseiller Ferguson soit acceptee a titre informatif. Le conseiller Court demande que toute personne qui siege au conseil de retraite ainsi que la personne qui fait ('objet de ladite poursuite quittent la seance, ce que fait le conseiller Titus. PDF created with pdfFactory trial version www.r)dffactory.com 92 -675 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 Le conseiller Ferguson mentionne que certains faits caches doivent titre elucides, que les frais afferents touchent de pres chaque citoyen et que le comportement de certains membres du conseil qui poursuivent en justice un conseiller pour avoir souleve un point nebuleux au cours de seances publiques..., et les conseillers Titus et Court invoquent le reglement et indiquent que ces commentaires sont au -dela de la portee de la question. La mairesse suppleante tranche en faveur des conseillers Titus et Court. En replique a la question posee par la mairesse suppleante, Me Farrell cite le paragraphe 1 de I'article 90.9 de la Loi sur les municipalites, et affirme ce qui suit: « parmi les consequences que peut subir une personne en conflit d'interets, en sus ou au lieu de toute autre sentence qui peut titre imposee conformement a la Loi surla procedure applicable aux infractions provinciales, la Cour peut rendre Tune ou plusieurs des ordonnances suivantes, notamment enjoindre a la personne de demissionner de son poste suivant les conditions prescrites par la Cour, defendre a cette personne d'occuper ce poste ou cet emploi ou tout autre poste ou emploi durant la periode de temps que fixe la Cour, ou toute autre ordonnance que la Cour juge appropriee dans les circonstances, et I'inobservation d'une ordonnance quelconque est consideree comme un outrage au tribunal commis en face du tribunal et punis en consequence. Me Farrell ajoute qu'il releve de chaque membre du conseil de determiner s'il existe un conflit d'interets et dans le cas ou it jugerait qu'il est en position de gains ou de pertes financieres it est donc en situation de conflit d'interets. Le conseiller Ferguson indique qu'il n'est pas en conflit d'interets et qu'il renonce au vote et la mairesse suppleante repond qu'un membre du conseil ne peut s'abstenir de voter. La mairesse suppleante constate que si une poursuite est intentee et que le tribunal donne gain de cause au Conseil de retraite, le conseiller Ferguson sera alors plonge dans une situation financiere deficitaire, et cela I'inquiete. (Le conseiller Ferguson quitte la reunion.) Le conseiller Court fait la lecture de la lettre qu'il avait presentee anterieurement. Le conseiller Chase propose le recours au processus de mediation pour resoudre ce conflit et pour repondre a la question posee par le conseiller Chase, Me Farrell affirme qu'elle se renseignerait sur la possibilite que le conseil, en tant que promoteur du regime de retraite, puisse forcer le processus de mediation et qu'elle en aviserait le conseil. Proposition du conseiller Chase Appuyee par le conseiller Court RESOLU que I'avocat municipal determine si le conseil communal, en tant que promoteur du regime de retraite, peut forcer le processus de mediation en matiere de la poursuite intentee par le Conseil de retraite contre le conseiller Ferguson et que le compte rendu soit fait devant le conseil communal; et que celui -ci expedie une lettre au Conseil de retraite de The City of Saint John et au conseiller Ferguson leur demandant de participer au processus de mediation dans le cadre de la poursuite de diffamation intentee contre le conseiller Ferguson. A ('issue du vote, la proposition est acceptee. Les conseillers Farren et McGuire votent contre la proposition. (Les conseillers Chang et McGuire quittent la reunion.) (Le conseiller Ferguson se joint de nouveau a la seance.) 11.4 Proposed Independent Inquiry — Pension Board Action On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that Council implement an independent inquiry into Pension Board conduct in hiring a lawyer to silence opposition. Councillor Chase withdrew from the meeting after the motion being seconded, and the Deputy Mayor announced that a quorum had been lost. Within several seconds Councillors Chang, Chase and McGuire re- entered the meeting, at which time discussion began. PDF created with pdfFactory trial version www.pdffactory.com 92 -676 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 Councillor Chase raised a point of order stating that he believes that Councillor Ferguson is in conflict or at the very least there exists an apprehension of bias given the issue at hand, and that in the spirit of fairness the members on the opposite side of the issue have withdrawn from the Chamber and he believes that Councillor Ferguson should withdraw as well. He added that he cannot remain and debate the issue as long as the Councillor in question does not excuse himself from the meeting. The Deputy Mayor advised that she cannot rule on a conflict of interest. Councillor Ferguson advised that he did not declare a conflict of interest. Councillor White remarked that he believes that the motion on the floor is contradictory to the motion just passed by Council to recommend mediation. In response to Councillor McGuire's question, the Solicitor advised that legal matters are able to be brought to a closed meeting under the provisions of the Municipalities Act. On motion of Councillor McGuire Seconded by Councillor Court RESOLVED that the letter from Councillor Ferguson regarding an independent inquiry into the Pension Board conduct, be referred to a closed Committee of the Whole meeting. Councillor Ferguson commented that he believes the issue should be dealt with in open session. Question being taken, the referral motion was carried, with Councillors Farren and Ferguson voting nay. (Councillor Chase withdrew from the meeting before the vote on the above referral motion.) 11.4 Enquete independante proposee a 1'encontre de I'action intentee par le Conseil de retraite Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que le conseil communal procede a une enquete independante pour examiner les demarches entreprises par le Conseil de retraite visant a engager les services d'un avocat pour faire taire ('opposition. Le conseiller Chase quitte la seance apres que la proposition fut appuyee et la mairesse suppleante declare que le quorum n'a pu titre atteint. Quelques secondes plus tard, les conseillers Chang, Chase et McGuire sont de nouveau presents a la seance et les discussions sont entamees. Le conseiller Chase invoque le reglement et indique qu'il est d'avis que le conseiller Ferguson est en conflit d'interets ou, a tout le moins, it existe une crainte de partialite relative a I'affaire en question et que, dans 1'esprit de 1'equite, les membres qui ont un point de vue oppose sur cette question ont quitte la salle, et qu'a son sens le conseiller Ferguson devrait egalement quitter. II ajoute qu'il ne peut demeurer et deliberer sur la question si le conseiller ne se retire pas de la seance. La mairesse suppleante affirme qu'elle ne peut se prononcer sur un conflit d'interets. Le conseiller Ferguson confirme qu'il n'a pas declare un conflit d'interets. Le conseiller White indique qu'a son sens la proposition dont nous sommes saisis va a 1'encontre de celle adoptee par le conseil qui vise a recommander le processus de mediation. En reponse a la question posee par le conseiller McGuire, I'avocate affirme qu'il est possible d'aborder les questions de nature juridique a huis clos en vertu de la Loi sur les municipalifes. PDF created with pdfFactory trial version www.r)dffactory.com 92 -677 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que la lettre presentee par le conseiller Ferguson relative a une enquete independante pour examiner les demarches entreprises par le Conseil de retraite, soit soumise au Comite plenier en seance a huis clos. Le conseiller Ferguson indique qu'il est d'avis que la question doit titre traitee en seance publique. A ('issue du vote, la proposition de renvoi est adoptee. Les conseillers Farren et Ferguson votent contre la proposition. (Le conseiller Chase quitte la seance avant qu'on ne procede au vote relatif a la proposition de renvoi susmentionnee.) 13.2 Defamation Action On motion of Councillor White Seconded by Councillor McGuire RESOLVED that the letter from the Secretary of the Board of Trustees of the City of Saint John Pension Plan, including the details of a defamation action dated January 12, 2007 by the City of Saint John Pension Board against John Ferguson, be received for information. Councillors Court and Farren advised that they do not endorse the document in question. Councillor Ferguson commented that the action brings into question the attempt to prevent a full and transparent review of the pension problems. Question being taken, the motion was carried, with Councillors Court, Farren and Ferguson voting nay. (The Mayor re- entered the meeting; declared a recess, and the meeting resumed three minutes later.) (The Mayor, Common Clerk, City Solicitor, City Manager, Commissioner of Finance, and Councillors Chase, Tait and Titus re- entered the meeting.) 13.2 Poursuite en diffamation Proposition du conseiller White Appuyee par le conseiller McGuire RESOLU que la lettre reque de la secretaire du Conseil de retraite de The City of Saint John, y compris les faits relatifs a la poursuite en diffamation datee du 12 janvier 2007 par le Conseil de retraite de The City of Saint John contre John Ferguson, soit acceptee a titre informatif. Les conseillers Court et Farren indiquent qu'ils n'appuient pas le document en question. Le conseiller Ferguson constate que cette poursuite met en cause la tentative qui vise a eviter un examen complet et transparent des problemes lies a la caisse de retraite. A ('issue du vote, la proposition est adoptee. Les conseillers Court, Farren et Ferguson votent contre la proposition. (Le maire est de nouveau present a la reunion, annonce une suspension et la seance se poursuit trois minutes plus tard.) (Le maire, le greffier communal, I'avocat municipal, le directeur general, le commissaire aux finances et les conseillers Chase, Tait, et Titus sont de nouveau presents a la seance.) PDF created with pdfFactory trial version www.pdffactory.com 92 -678 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 11.5 Economic and Community Growth Task Force On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that Common Council refer the assignment of a senior staff member to work with the existing Task Force on Economic and Community Growth to the City Manager, and that the appointment of a Councillor to work with the group be referred to the Nominating Committee. Councillor Ferguson put his name forward to serve on this committee. Question being taken, the motion was carried, with Councillor Titus voting nay. 11.5 Groupe de travail sur la croissance economique communautaire Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que le conseil communal charge le directeur general de la responsabilite de la mutation d'un membre du personnel de gestion au Groupe de travail sur la croissance economique communautaire existant a I'heure actuelle et que la nomination d'un conseiller pour collaborer avec ce groupe releve de la responsabilite du Comite des candidatures. Le conseiller Ferguson depose sa candidature pour sieger a ce comite. A I'issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. 11.6 Simms Corner Reconstruction On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that Council direct the City Manager to arrange for public sessions to be held with the Commissioner of Municipal Operations and the engineering firm hired to carry out the reconstruction work on Simms Corner to hear from residents and businesses in the area. Mr. Groody advised that public sessions are part of the plan in this matter. Question being taken, the motion was carried. 11.6 Reconfiguration du coin Simms Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que le conseil charge le directeur general de prevoir des audiences publiques auxquelles assisteront le commissaire aux operations municipales et la firme d'ingenieurs retenue pour effectuer les travaux de reconfiguration du coin Simms afin d'entendre les commentaires formules par les citoyens et les entreprises du quartier. M. Groody indique que les audiences publiques sont comprises dans ce projet. A I'issue du vote, la proposition est adoptee. 11.7 Poverty Reduction Strategy On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that the Mayor and Council send a letter of support for the Poverty Reduction Strategy as submitted (proposed by BCAPI and Vibrant Communities), and send a letter of support to the Premier Task Force Self Sufficiency Initiative. Question being taken, the motion was carried. PDF created with pdfFactory trial version www.pdffactory.com 92 -679 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 11.7 Strategie relative a la reduction de la pauvrete Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que le maire et le conseil expedient une lettre pour appuyer la Strategie relative a la reduction de la pauvrete, telle qu'elle est presentee par HCPSA et Vibrant Communities (communautes vivantes), et une lettre pour appuyer le Groupe de travail sur I'autosuffisance lance par le Premier ministre. A ('issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets The Commissioner of Municipal Operations reviewed the submitted report on the Saint John Water (Utility Fund) Proposed 2007 Operating and Capital Budgets, and responded to Council Members' questions. On motion of Councillor Farren Seconded by Councillor White RESOLVED that Common Council adopt the following resolutions for the 2007 Operating Budget and the 2007 Capital Budget for the Water & Sewerage Utility Fund: 1. RESOLVED that the estimated revenue for the Water & Sewerage Utility for the year 2007 in the amount of $29,727,081. be adopted (Appendix "A "); 2. RESOLVED that the estimate of expenses for the Water & Sewerage Utility for the year 2007 in the amount of $29,727,081. be approved (Appendix "A "); 3. RESOLVED that the By -Law entitled "A By -Law to Amend a By -Law Respecting Water & Sewerage" (Appendix "B ") be given first and second readings; and 4. RESOLVED that the Capital Budget for the year 2007 in the amount of $25,315,000., as set out in the submitted schedule of projects (Appendix "C "), be approved. Question being taken, the motion was carried, with Councillor Ferguson voting nay. On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the by -law entitled, "A By -law to Amend A By -law Respecting Water and Sewerage" amended by repealing Schedules "A" and "B" in Section 44, and substituted by the submitted Schedules "A" and "B ", be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -law to Amend A By -law Respecting Water and Sewerage ". On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the by -law entitled, "A By -law to Amend A By -law Respecting Water and Sewerage" amended by repealing Schedules "A" and "B" in Section 44, and substituted by the submitted Schedules "A" and "B ", be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -law to Amend A By -law Respecting Water and Sewerage ". On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the City Manager be directed to take the necessary steps to try to resolve the special water pricing agreements that are outstanding and report back to Council no later than June 2007, and if a resolve has not been achieved at that time, the City Manager will make a recommendation to Council on how to recover these water charges. Question being taken, the motion was carried. PDF created with pdfFactory trial version www.pdffactory.com 92 -680 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Budgets d'exploitation et d'immobilisations de 2007 relatifs au fonds du reseau d'aqueduc et d'egouts Le commissaire aux operations municipales enonce les grandes lignes du rapport presente sur les budgets d'exploitation et d'immobilisations de 2007 relatifs au fonds du reseau d'aqueduc et d'egouts et repond aux questions posees par les membres du conseil. Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que le conseil communal adopte les resolutions suivantes relatives au budget d'exploitation de 2007 et au budget d'immobilisations de 2007 pour le fonds du reseau d'aqueduc et d'egouts : 1. RESOLU que le calcul des recettes prevues relatif au reseau d'aqueduc et d'egouts pour l'annee 2007 au montant de 29 727 081 $ soit adopte (Annexe « A ))); 2. RESOLU que 1'estimation des depenses relative au service du reseau d'aqueduc et d'egouts pour l'annee 2007 au montant de 29 727 081 $ soit adoptee (Annexe « A »); 3. RESOLU que I'arrete intitule « Arrete modifiant 1'arrete concernant le reseau d'aqueduc et d'egouts )) (Annexe « B ))) fasse ('objet de deux lectures; 4. RESOLU que le budget d'immobilisations pour l'annee 2007 dresse au montant de 25 315 000 $, tel qu'il est etabli a la liste des projets presentee (Annexe « C ))), soit adopte. A ('issue du vote, la proposition est adoptee. Le conseiller Ferguson vote contre la proposition. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Titus RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete concernant le reseau d'aqueduc et d'egouts », modifie par I'abrogation des annexes « A » et « B » de I'article 44 et les remplagant par les annexes « A » et « B » deposees, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture de 1'arrete intitule « Arrete modifiant 1'arrete concernant le reseau d'aqueduc et d'egouts ». Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete concernant le reseau d'aqueduc et d'egouts », modifie par I'abrogation des annexes « A » et « B » de I'article 44 et les remplagant par les annexes « A » et « B » deposees, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture de 1'arrete intitule « Arrete modifiant 1'arrete concernant le reseau d'aqueduc et d'egouts ». Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que le directeur general soit charge d'entreprendre les demarches necessaires pour resoudre les ententes en suspens relatives a la tarification speciale de 1'eau et d'en faire le compte rendu devant le conseil au plus tard en juin 2007 et si aucun accord n'est conclu a ce moment, que le directeur general fasse une recommandation au conseil visant la maniere dont les tarifs d'eau seront recuperes. A ('issue du vote, la proposition est adoptee. PDF created with pdfFactory trial version www.r)dffactory.com 92 -681 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 29, 2007 /LE MERCREDI 29 JANVIER 2007 13. Committee Reports 13. Rapports deposes par les comites 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 10:00 p.m., with the following items, 12.2, 12.3(a)(b)(c), 12.4 and 12.5, 13.0, 13.1, 13.3, and 13.4, forwarded to the next meeting of Council. 16. Cloture de la seance Le maire declare que la seance est levee a 22 h et que les points 12.2, 12.3a)b)c), 12.4, 12.5, 13.0, 13.1, 13.3 et 13.4 soient reportes a la prochaine seance du conseil. Mayor /maire Common Clerk /greffier communal PDF created with pdfFactory trial version www.pdffactory.com Fundy Bay Festival Inc. P.O. Box 27025 RPO Manawagonish Saint John, N.B. E2M 5SS (506) 738 -0990 fbfL(Pnb.sympatico_ca January 25t',2007 Your Worship and Common Council City of Saint John Re: Presentation Fundy Bay Festival I am writing to you to ask your permission to appear before council on February 26`,2007. I would like to make a presentation on behalf of the Fundy Bay Festival for funding the Festival this year. The dates are August 9' thr . 12`/07. Thank you for your consideration in this matter. Fred Little President Fundy Bay Festival Mayor Norm McFarlane & Council City of Saint John RE: TRUCK TRAFFIC AND SPEEDING ON MANAWAGONISH ROAD Dear Mr Mcfarlane and Council; We, the undersigned the residents of MANAWAGONISH ROAD and AREA would ask that you and the council of the CITY OF SAINT JOHN address the issue of the truck traffic on MANAWAGONISH ROAD. We feel that there is no need to have the large number of trucks passing through a residential area causing damage to the streets our homes and posing a risk of accident to the residents. We are unable to open our windows due to the noise and dust, the crashing and banging when the heavy trucks and trailers hit a bump causes our houses to vibrate and pictures and ornaments to move on walls and shelves, and the use of the fake brakes causes a noise that is loud and extremely irritating . We respectfully ask that you and council consider posting signs to the effect that MANAWAGONISH ROAD is not a truck route and that more speed signs be posted. We ask that this be done before there is a serious accident due to the speed and the trucks. Respectfully: NAME ADDRESS 4 NAME ADDRESS r 5 �{ t , .T 4A, Mayor Norm McFarlane & Council City of Saint John RE: TRUCK TRAFFIC AND SPEEDING ON MAnWAGONISH KQAP Dear Mr Mcfarla.ne and Council; We, the undersigned the residents of MANAWAGONISH ROAD and AREA would ask that you and the council of the CITY OF SAINT JOHN address the issue of the truck traffic on MANAWAGONISH ROAD. We feel that there is no need to have the large number of trucks passing through a residential area causing damage to the streets our homes and posing a risk of accident to the residents. We are unable to open our windows due to the noise and dust, the crashing and banging when the heavy trucks and trailers hit a bump causes our houses to vibrate and pictures and ornaments to move on walls and shelves, and the use of the jake brakes causes a noise that is loud and extremely irritating . We respectfully ask that you and council consider posting signs to the effect that MANAWAGONISH ROAD is not a truck route and that more speed signs be posted. We ask that this be done before there is a serious accident due to the speed and the trucks. Respectfully: } i ADDRESS LAO no t NAME ADDRESS Mayor Norm McFarlane & Council City of Saint John RE: TRUCK TRAFFIC AND SPEEDING ON MANAWAGONISH ROAD Dear Mr Mcfarlane and Council; We, the undersigned the residents of MANAWAGONISH ROAD and AREA would ask that you and the council of the CITY OF SAINT JOHN address the issue of the truck traffic on MANAWAGONISH ROAD. We feel that there is no need to have the large number of trucks passing through a residential area causing damage to the streets our homes and posing a risk of accident to the residents. We are unable to open our windows due to the noise and dust, the crashing and banging when the heavy trucks and trailers hit a bump causes our houses to vibrate and pictures and ornaments to move on was and shelves, and the use of the fake brakes causes a noise that is loud and extremely irritating . We respectfully ask that you and council consider posting signs to the effect that MANAWAGONISH ROAD is not a truck route and that more speed signs be posted. We ask that this be done before there is a serious accident due to the speed and the trucks. Respectfully: NAME 4 F.� Lam_• �-. "r':.k7..0 T t ADDRESS r' � 9 _ ! '�!•;'�i cz.d�, tic s5?L.•c,� -{� '..v -,i { azi `'•R r 1.2 �,...�_ . c� l� t, Mayor Norm McFarlane & Council City of Saint John RE: TRUCK TRAFFIC AND SPEEDING ON MANAWAGONISH ROAD Dear Mr Mcfarlane and Council; We, the undersigned the residents of MANAWAG'rONISH ROAD and AREA would ask that you and the council of the CITY OF SAINT JOHN address the issue of the truck traffic on MANAWAGONISH ROAD. We feel that there is no need to have the large number of trucks passing through a residential area causing damage to the streets our homes and posing a risk of accident to the residents. We are unable to open our windows due to the noise and dust, the crashing and banging when the heavy trucks and trailers hit a bump causes our houses to vibrate and pictures and ornaments to move on walls and shelves, and the use of the fake brakes causes a noise that is loud and extremely irritating . We respectfully ask that you and council consider posting signs to the effect that MANAWAGONiSH ROAD is not a truck mute and that more speed signs be posted. We ask that this be done before there is a serious accident due to the speed and the tracks. Respectfully: NAK41P ADDRESS NAM.� ADDRESS /, / e. Mayor Norm McFarlane & Council City of Saint John RE- TRUCK TRAFFIC AND SPEEDING ON MANAWAGONISH ROAD Dear Mr Mcfarlane and Council; We, the undersigned the residents of MANAWAGONISH ROAD and AREA would ask that you and the council of the CITY OF SAINT JOHN address the issue of the truck traffic on MANAWAGONISH ROAD. We feel that there is no need to have the large number of trucks passing through a residential area causing damage to the streets r our homes and posing a risk of accident to the residents. We are unable to open our windows due to the noise and dust, the crashing and banging when the heavy trucks and trailers hit a bump causes our houses to vibrate and pictures and ornaments to move on walls and shelves„ and the use of the jake brakes causes a noise that is loud and extremely irritating . We respectfully ask that you and council consider posting signs to the effect that MANAWAGONISH ROAD is not a truck route and that more speed signs be posted. We ask that this be done before there is a serious accident due to the speed and the trucks. Respectfully: NAME ADDRESS ! 131 OaLwu3ctqpw shad Mayor Norm McFarlane & Council City of Saint John RE: TRUCK TRAFFIC AND SPEEDING ON MANAWAGONISH ROAD Dear Mr Mcfarlane and Council; We, the undersigned the residents of MANAWAGONISH ROAD and AREA would ask that you and the council of the CITY OF SAINT JOHN address the issue of the truck traffic on MANAWAGONISH ROAD. We feel that there is no need to have the large number of trucks passing through a residential area causing damage to the streets our homes and posing a risk of accident to the residents. We arc unable to open our windows due to the noise and dust, the crashing and banging when the heavy trucks and trailers hit a bump causes our houses to vibrate and pictures and ornaments to wove on walls and shelves, and the use of the jake brakes causes a noise that is loud and extremely irritating. We respectfully° ask that you and council consider posting signs to the effect that MAI*I V'ik AGONTSH ROAD is not a truek roue; and that more speed signs be posted. We ask that this be done befo ,- there is a scnous accident d::c to the speed and the - rucks. Respectfully: NAME 441) 4 z 9 lql /17 C � f Ilk Ilk �,{, ►� y�GL/Yt�.t. / •'••r:�yf'� -. � l� f - rl� -�' . �1'Ci -�% !x .� E , SchaA ZCJ'?�C ADDRESS NAME ADDRESS 5 SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E21. 4L1 Bureau des Commissa(res du Service de Police de Saint John C.P. 1971 Saint John Nouveau - Brunswick Canada E2L 4L1 RAYMOND T. FRENCH, Q.C. Chair /President ANDREW BRITTON Vice Chair /Vice President CHARLENE HAYES Secretary /Secretaire IVAN COURT Commissioner/ Commissaire DAVID EMERSON Commissioner /Commissalre NORMAN McFARLANE CommissionerfCommissaire ALLEN G. BODECHON Chief of Police /Chef de Police SARAH WILSON Executive Secretary/ Secretaire Administrative Telephone/Telephone: (506) 674 -4142 Faz/Telecopieur: (506) 648 -3304 E- mail /Courriel: Sarah wilson@saintjohn.ca SAINT JOHN Explore our past/ Explorez noire passe Discover your future/ Decouvrez votre avenir February 5, 2007 His Worship Mayor Norman McFalane And members of Common Council Your Worship and Councillors: The Saint John Board of Police Commissioners, at its meeting on January 9, 2007, in accordance with Article 7.5 of the Police Act, elected Commissioners Raymond T. French, Chair, Andrew Britton, Vice Chair, and Charlene Hayes, Secretary to act as the officers of the Commission for the year 2007. Respectfully Chair January 29107 City Council Meeting Right -of -Way part of new law of Leinster Court Enclosed please find request on page 5 of letter received for council kit of January 2/07 stamped December 28/06. The request is for vehicle access described to your manager & planner Tuesday January 23/07. The proposed right -of -way came by way of Clifford Lawrence November 14/06. He suggested a gated right - of -way used to the 10 foot strip of land north of the retaining wall, yet to be constructed 15 feet off the project's north wall. The project on that date lacked surety (the court may well have over ruled variances granted). Against the impacted residents the new law got 3rd reading on January 2/07 upon a condition — 3 metre access to the rear of the King Street East properties. Parking on this Carmarthen Street block is illegal because you moved the King Street East fire station here. Even a taxi or delivery vehicle is illegal serving 58, 60, 60 1/2 & 62 Carmarthen; thus a gate 15 feet off the street would allow taxis or delivery vehicles very limited parking. No one wants to park on the project lands. Just use this 10 foot right -of -way for vehicles as well as foot access. The Developer & Council can minimize the devastation to the well being & function of the corner of King Street East & Carmarthen properties, by making the new law for vehicle, as well as foot over the 3 metre right -of way. You gave them everything that they have asked for, even a new law (zones) just to protect the project against our right of appeal. Adding or replacing foot with vehicle in this new law will improve the function & safety of our neighbourhood. I request the Developer, impacted residents & city staff to meet on this point, allowing Councillors who wish to sit as observers. Respectfully, Jon MacQueen r LA1,07 L12 / / t� /!/ny� G��✓ c.�J- Quo `% - e�le�u l¢ /e ,�CC�zcti �e ¢//q �� ✓.��<e�ia�h;l: ,44 Mayor and Councils, Premier and Minister of Education, MLAs and MPs Local Organizations, Chairs and Boards January 25, 2007 Dear Fellow Citizens: This is the tenth year of the Marigold Project. We started this project to boost the self esteem of our children and of our community, to teach and inspire our children and to show them that they have the power to create change. We want the children to think, participate and be proud of their efforts. The project creates a greater understanding of the natural world and of the environment. At the end of each winter thousands of children begin to grow tens of thousands of marigolds in their schools, we raise most of the money through out the fall and winter. The marigolds are planted by the children in late spring and are enjoyed by the community and visitors until the end of October. Over 35 schools receive kits of trays , seeds and soil paid for by dozens of sponsors. Last year we planted 51 sites, the largest site is Main Street [Marigolds on Main Street, 30 ,000 marigolds]. The project has won awards in Germany, Great Britain, Japan, Canada and the United States and The Home and Garden channel made a documentary of it. Some of the gardens are highlighted on bus tours and cruise ship tours where the story of the children who grow and plant marigolds is told many times over. The children receive very positive press and recognition. In ten years and 1.5 million marigolds later hardly a marigold has ever been damaged, this shows the power of children and empowerment The children have shown us that by working together and being positive we can create great things that we are all proud of.. Great Societies work together with a vision. Today thousands of citizens can claim they participated in the Marigold Project. Hundreds of volunteers, teachers and municipal workers[ who do great work] have assisted the children. Cross curriculum work engaging the children and their marigolds in language, art, music , science , and physical education has shown the children that learning takes place in many situations. This project has made their learning relevant and has created a great sense of pride in themselves and in their community .How children feel about themselves is extremely important. The spirit of our children through hope , faith , tenacity and the belief that they matter will create a better future for we live in the present and we create the future. We have the highest level of poverty in New Brunswick and some of the highest levels in Canada and we know that poverty is not having basic needs and is also a spiritual dilemma. The Marigold Project sees the children of all social /economic backgrounds participate and inspires them towards self reliance and community responsibility We ask you to encourage our citizens to grow many marigolds this year to celebrate the tenth anniversary of this great Greater Saint John idea.Aspecial invitation is extended to our Minister of Education to the planting of our largest site- Marigolds on Main Street , June 6 at 9 am. Sincerely, Barry Ogden, Teacher The Marigold Project, SJHS 170 -200 Prince William Street Saint John, New Brunswick, E2L 23r Cc Saint John, Hampton, Grand Bay — Westfield, l<t.&Iwmy , Quispamsis, St. Martins, Cc School districts 1,6 and 8 Cc 9 local MLAs Cc Premier and Kelly Lamrock , Minister of Edliem6mn . Cc 3 local MPs Cc Board of Trade and Enterprise SJ, SJ District La`bc)uarOCouncil el 'j;7 _....._ _.._�.. .. __.. .__. .. .._._..._.__.: �_ ,..�_— +w.� «.....w++rwwr�r:...�. ........., _... ...o .. ........ ...... - <....._- .,.�.....e. ..w+wr...wir/I�YMra o..itf..... ,......n._. _. edwardfarren.com January 26, 2007 Mayor Norm McFarlane & Members of Common Council, City of Saint John, P.O. Box 1971, Saint John, N.B. E2L 4L1 Dear Mayor McFarlane & Members of Common Council, Re: Trauma Centre /Atlantic Health Sciences Corporation I would ask the City of Saint John to take a very strong and leading advocacy role in cooperation with other local governments, Enterprise Saint John, the Saint John Board of Trade, and other community agencies in respect to the very important decision for New Brunswick that must be made in the near future regarding the establishment of a trauma centre that builds upon the expertise that is already in place in this Province. That base of expertise has been built at the Atlantic Health Sciences Corporation headquartered in Saint John. It is a medical expertise that is based upon decades of service to the heavy and light industrial manufacturing and service industries that exist in the Greater Saint John region and includes the nuclear generation facility at Point Lepreau. That industrial base in Greater Saint John includes world -class pulp, paper, and tissue manufacturing facilities, a world -class oil refinery that supplies 80% of Canada's refined petroleum exports to the United States, and three large power generating facilities including the nuclear facility at Point Lepreau. The Greater Saint John community also includes the heavy manufacturing facilities at Ocean Steel and Strescon, which export into several major markets, and the Crane Canada facility that manufactures and exports large gate valves into South America and other major points. Other large manufacturers and processors include Simms, Crosby's, P.O. Box 306, Saint John, N.B., Canada E2L 3Y2 T(506)652 -2100 F(506)652 -2101 Moosehead, and Bourque Industrial in a lengthy list of outstanding enterprises that require outstanding medical and trauma backup. Related to this too are the Port of Saint John facilities that make heavy lifts and load ocean going vessels and the facilities at Canaport that service the very large international (VLCC) crude carriers to which will be added the large LNG carriers to service the world -class liquid natural gas facility now under construction within the limits of the City of Saint John. To this will be added the new oil refinery that is being discussed for construction in Saint John and for which every reason exists to proceed in order to help ensure New Brunswick's economic vitality. Every reason therefore exists to ensure that the trauma unit is placed at the Atlantic Health Sciences Corporation to build upon the medical expertise that is in place both to support and service the massive industrial base that thrives in the Greater Saint John area and to continue to serve all New Brunswickers, whether local or ferried in by helicopter or by ambulance, as it has for many decades in the past. It is not lost upon us that New Brunswick is losing population, has fewer resources to scatter, and, as a consequence, faces economic uncertainty. Let us work together to build upon strengths that already exist to move New Brunswick forward in economic vitality and place the trauma unit at the Atlantic Health Sciences Corporation. This issue is far to vital to the large heavy and light industrial base that exists in Greater Saint John, to the good health of all New Brunswickers, and to the economic integrity of the Province to resolve in any other manner. Therefore, please take a leading part in the important advocacy role that is needed to ensure the right decision is made on this issue. Yours truly, E.A. Farren, Limited �A ��tf aM Edward Farren, Managing Director REPORT TO COMMON COUNCIL M & C 2007- 29 February 6, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Engagement of Engineering Consultants — 2007 Capital Program PURPOSE OF THIS REPORT 71r � I The City of Saint john The purpose of this report is to request that Common Council authorize staff to conduct appropriate negotiations for the engagement of engineering consultants to carry out design and construction management services for a number of approved projects in the 2007 Water & Sewerage Utility Fund and General Fund Capital Programs. BACKGROUND On March 18, 2002 (M &C 2002 -87) Common Council approved the direct engagement of Engineering Consultants to carry out design and construction management services for nine specific projects approved under the 2002 Capital Program. This method of direct engagement proved to be an efficient and cost effective method for the hiring of consultants and the process was again utilized in 2003 (M &C 2003 -368), 2004 (M &C 2004 -34), 2005 (M &C 2005 -42) and 2006 (M & C 2006 -31) where Council approved the direct engagement process for eight, seven, six, and thirteen specific projects respectively under the 2003, 2004, 2005 and 2006 Capital Programs. Our professional engineering resources are fully tasked, with a very demanding workload expected of all your engineering staff. The engagement of engineering consultants now will allow the preliminary design and detailed design work for specific projects to be completed so that construction work can proceed this year. Identified in the description of certain approved 2007 projects is the requirement to hire outside consulting engineering services for design and/or construction management work. PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 -29 February 6, 2007 Page 2 The engagement of consultants is, in and of itself, a very involved, time - consuming process. As such, and given the overall workload of available staff, we are proposing for 2007 as we did in 2002, 2003, 2004, 2005 and 2006 to hire specific consultants by the direct engagement method. The existing procurement policy calls for employment of "the Proposal Call method of vendor selection" for the engagement of professional services which require the approval of Common Council — those with an estimated value greater than $25,000. ANALYSIS The Proposal Call method requires a period of 7 to 8 weeks for each substantial project. The procedure is time consuming and costly, both for the City and the consulting firms involved. It includes: preparation of the request for proposal (RFP); advertisement of the RFP; preparation and submission of a relatively elaborate proposal by each interested firm; detailed evaluation of each submitted proposal by an evaluation committee of staff (typically, 4 or 5 staff members from different departments); preparation and submission of a report to Council recommending the selection of a consultant; and, finally, notification of the selected consultant and confirmation of expectations. After the grouping of similar or related projects, there would be a need to carry out twenty -one proposal calls this year. The challenge before your staff is to strive to complete projects in the most efficient and cost - effective manner possible - over the long term. To do that, we need to find ways to optimize the available work time of the professionals responsible. These resources are presently stretched to the limit. It is not staff's intention to request an amendment of the procurement policy for general application, but to obtain approval from Council to deal directly with particular consultants for a number of specified projects. The rationale for doing so is summarized herein. For those projects, the request is that Common Council authorize staff to conduct necessary negotiations with identified consultants on a project -by- project basis. For the largest engineering projects planned for this year, as would be the case for those of future years, the Request for Proposal approach would continue to be used. The preliminary and detailed design of the Sanitary Lift Stations and Forcemain/Collector systems associated with the Harbour Cleanup project will require a major engineering commitment. The public RFP approach may also be used for other projects. The following table identifies the consultants proposed for specific projects and includes the estimated amount that was approved in the 2007 Capital Program for Engineering Design and/or Construction Management services. PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 -29 February 6, 2007 Page 3 CONSULTANT ENGAGEMENTS PDF created with pdfFactory trial version www.pdffactory.com Estimated amount approved in 2007Capital Program for Project Engineering Design and /or Proposed Construction Management Consultant Services Gault Road Sanitary Lift Station $15,000 Electrical Upgrade Latimore Lake Road— Street $75,000 Reconstruction Godfrey Associates Ltd. Morna Heights and Greenwood Saint John, NB Subdivision — Evaluation of $50,000 Wastewater Treatment Facilities Cedar Point Lift Station — Upgrade $40,000 Karen Street — Sanitary Sewer $30,000 ADI Limited Saint John, NB Glen Road/Simpson Drive — Cross $70,000 Culverts Westgate Park Lift Station — Upgrade $35,000 Dillon Consulting Ltd. McAllister Industrial Park to Saint John, NB Harbourview Subdivision - Watermain $155,000 Watershed Structures — Evaluation and $100,000 SGE Acres Design Rothesay, NB Somerset Street — Road Reconstruction $60,000 Prince Street — Storm Sewer $60,000 Terrain Group Saint John, NB Westmorland Road — Curb & Sidewalk $10,000 Loch Lomond Road — Slope $60,000 Stabilization Transmission Main #3 East $220,000 Watershed Protection Facilities $35 Crandall Engineering Ltd. Saint John, NB Bayside Drive — Road Reconstruction $90,000 Mountain Road — Street Reconstruction $180,000 PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 -29 February 6, 2007 Page 4 Certain consultants have previously carried out design work of a similar nature to proposed work and, in some cases, the work proposed for a consultant is an extension or the next phase of a project they were previously involved with. A table entitled "Consultant Selection Rationale" is appended to this report and includes an explanation of the rationale used for matching a consultant with the planned project. Staff have worked with these consultants over a number of years and have confidence in their ability to successfully carry out the work for which they are being recommended. It is proposed that staff be authorized to carry out negotiations with the consultants identified for the projects indicated. Provided an acceptable agreement can be reached with a proposed consultant, a subsequent report will be submitted to Council identifying the negotiated maximum or upset fee for the engineering services required and requesting Council's approval to engage the consulting firm. PDF created with pdfFactory trial version www.pdffactory.com Estimated amount approved in 2007Capital Program for Proposed Project Engineering Design and /or Consultant Construction Management Services Flow Monitoring — Water Distribution $40,000 System Pipeline Road West — Water $320,000 CBCL Limited Transmission Main Saint John, NB Manchester Avenue — Railway Culvert $60,000 Sewer Infiltration Study — East $60,000 Hydro -Com Sewer Infiltration Study — West $50,000 Technologies Limited Fredericton, NB East Saint John — Manhole $15,000 Rehabilitation Pipeline Road East — Water Transmission Main and Chlorine $150,000 Injection/Sampling Chambers Latimer Lake — Fluoridation System $35,000 Upgrades Ralph Smith Rothesa Avenue Complex — Electrical y p $15,000 Engineering Inc. Fredericton, NB Transfer Switch Lancaster and Millidgeville Wastewater Treatment Facilities — $50,000 Design of Backup Electrical Generators Hughes Surveys & Hillcrest Road — Road Reconstruction $50,000 Consultants Inc. Saint John, NB Certain consultants have previously carried out design work of a similar nature to proposed work and, in some cases, the work proposed for a consultant is an extension or the next phase of a project they were previously involved with. A table entitled "Consultant Selection Rationale" is appended to this report and includes an explanation of the rationale used for matching a consultant with the planned project. Staff have worked with these consultants over a number of years and have confidence in their ability to successfully carry out the work for which they are being recommended. It is proposed that staff be authorized to carry out negotiations with the consultants identified for the projects indicated. Provided an acceptable agreement can be reached with a proposed consultant, a subsequent report will be submitted to Council identifying the negotiated maximum or upset fee for the engineering services required and requesting Council's approval to engage the consulting firm. PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 -29 February 6, 2007 Page 5 The negotiations would proceed as follows: A detailed scope of work would be developed by staff for each project and, based on that scope of work, the consulting firm would be required to submit their proposed project team, work plan, schedule and an upset price to complete all the work identified. Staff would then review their submission and evaluate the proposed upset fee for the project. Staff would then seek to settle on an acceptable upset fee with the consultant for submission to Council. Engineering fees to cover the cost of design and construction management generally do not exceed 12 -17% of the total overall project cost, depending on the nature of the project and the engineering services required. The costs incurred by consultants would be paid in accordance with the Association of Professional Engineers and Geoscientists of New Brunswick schedule of suggested fees for engineering services, as per Section 3 fee basis "A ": time based. Should staff be unable to reach an acceptable agreement with the proposed consultant, staff would report back to Council and seek approval to negotiate with an alternative consultant for the project or to implement a public call for proposals. INPUT FROM OTHER SOURCES As was done for the engagement of consultants in 2002, 2003, 2004, 2005 and 2006, this 2007 proposal has been reviewed with the Purchasing Agent and City Solicitor. RECOMMENDATION Notwithstanding the City's Procurement Policy for engagement of Professional Services, Common Council authorize staff to conduct negotiations for the engagement of engineering consultants to carry out design and construction management services for the 2007 Water & Sewerage Utility Fund and General Fund Capital Programs with the proposed consultants identified in the "Consultant Engagements" outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A City Manager PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 -29 February 6, 2007 Page 6 CONSULTANT SELECTION RATIONALE Page 1 Project Rationale In 2005, Godfrey Associates Ltd. completed an Gault Road Sanitary Lift Station — electrical upgrade design for a similar facility Electrical Upgrade (McAllister Drive) to the Gault Road — Sanitary Lift Station. Godfrey also completed a similar street reconstruction project in 2006 (Rothesay Road @ Old Latimore Lake Road — Street Orchard Lane) to the Latimore Lake Road — Street Reconstruction Reconstruction project. Having been part of the consulting team that prepared the City's 1993 Wastewater Strategy, Godfrey's are knowledgeable of the City's existing wastewater treatment facilities, and Morna Heights and Greenwood the requirements for conducting an evaluation of the Subdivision — Evaluation of Wastewater Morna Heights and Greenwood Subdivision Treatment Facilities Wastewater Treatment Facilities. ADI Limited is currently working on the preliminary Cedar Point Lift Station - Upgrade design for the upgrade of the Cedar Point Lift Station under the 2006 Capital Program. It would be appropriate for ADI to continue in 2007 with the detailed design and construction management. ADI Karen Street — Sanitary Sewer has recently completed the location survey for the Karen Street — Sanitary Sewer project and it would be appropriate for them to continue with the detailed design and construction management. ADI has Glen Road/Simpson Drive Cross completed storm water related projects for the City in Culverts the Glen Falls area and the Glen Road/Simpson Drive — Cross Culverts project would be considered work of a similar nature to previously completed projects. Dillon Consulting Ltd. is currently working on the preliminary design for the upgrade of the Westgate Westgate Park Lift Station — Upgrade Park Lift Station under the 2006 Capital Program. It would be appropriate for Dillon to continue in 2007 with the detailed design and construction management. Through recent proposal submissions, Dillon has McAllister Industrial Park to demonstrated they have the expertise and experience to Harbourview Subdivision — Watermain successfully carry out design work for the extension of water distribution systems similar to that required for McAllister Industrial Park to Harbourview Subdivision — Watermain. PDF created with pdfFactory trial version www.r)dffactory.com M & C 2007 -29 February 6, 2007 Page 7 Pale 2 Project Rationale SGE Acres is currently working on the evaluation and design for the Loch Lomond system Watershed Structures Watershed Structures — Evaluation and project under the 2006 Capital Program. It would be Design appropriate for SGE Acres to continue in 2007 with Phase 2 of the design project under the 2007 Capital Program. Terrain Group recently completed the design and Somerset Street — Road Reconstruction construction management for the Somerset Street — Water, Sanitary and Storm Sewer project under the 2005 Capital Program. It would be appropriate for Terrain to continue in 2007 with the Road Reconstruction phase of the project Prince Street — Storm Sewer under the 2007 Capital Program. Terrain also completed the design and construction management for sanitary sewer work on Prince Street constructed in 2005. It would be appropriate for Terrain to continue in 2007 with the Prince Street — Storm Sewer project under the 2007 Capital Program. The Westmorland Road — Curb & Westmorland Road —Curb &Sidewalk Sidewalk project is work of a similar nature to design projects previously completed by Terrain for the City. The projects identified for Crandall Engineering Ltd. are Loch Lomond Road — Slope all considered extensions of projects recently completed or Stabilization that Crandall is currently working on. In 2005/2006, Crandall completed the design and construction management work for the 600 mm water transmission Transmission Main #3 East main project on Loch Lomond Road between Courtenay Avenue and Commercial Drive. The Loch Lomond Road — Slope Stabilization project and Transmission Main #3 East project would be considered an extension of the Watershed Protection Facilities previous Loch Lomond Road project. Crandall has been carrying out design work under the 2006 Capital Program for Watershed Protection and it would be appropriate for Crandall to continue with the next phase of the project Bayside Drive — Road Reconstruction under the 2007 Capital Program. Crandall has been working on the Bayside Drive sanitary forcemain project under the 2006 Capital Program and the Bayside Drive — Road Reconstruction project would be considered an extension of the project that Crandall is currently working Mountain Road — Street on. In 2004, Crandall completed the design and Reconstruction construction management work for the installation of a watermain on Mountain Road between Westmorland Road and Mountain View Drive. The Mountain Road — Street Reconstruction project is within the same limits and would be considered an extension of the project previously completed by Crandall. PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 -29 February 6, 2007 Page 8 Page 3 Project Rationale The projects identified for CBCL Limited are all Flow Monitoring — Water Distribution considered extensions of projects recently completed or System that CBCL is currently working on. In 2006, CBCL completed the design and construction management work for the Flow Monitoring project and it would be appropriate for them to continue in 2007 with the next phase of the project. In 2006, CBCL completed the design Pipeline Road West — Water and construction management work for the Pipeline Road Transmission Main West — Water Transmission Main between Gault Road and Manchester Avenue and it would be appropriate for them to continue with the design of the next phase of the project between Gault Road and Spruce Lake. CBCL has completed the detailed design work for the Manchester Manchester Avenue — Railway Culvert Avenue — Railway Culvert and it would be appropriate for them to continue with the construction management for the project. Sewer Infiltration Study — East Hydro -Com Technologies Limited specializes in Sewer Infiltration Study — West infiltration and flow monitoring studies and sanitary sewer system rehabilitation work. They have successfully East Saint John — Manhole completed similar work for the City in 2004, 2005 and Rehabilitation 2006. Ralph Smith Engineering Inc. has completed the detailed Pipeline Road East — Water design for the upgrades to mechanical and electrical Transmission Main and Chlorine systems at the Latimer Lake and Spruce Lake Chlorination Injection/Sampling Chambers facilities and is currently completing the construction management phase of the project. The Pipeline Road East Latimer Lake — Fluoridation System — Water Transmission Main and Chlorine Injection/ Upgrades Sampling Chambers project and the Latimer Lake — Fluoridation System Upgrades project would be considered an extension of the project that Ralph Smith is Rothesay Avenue Complex — Electrical currently completing. The Rothesay Avenue Complex — Transfer Switch Electrical Transfer Switch and Lancaster and Millidgeville Wastewater Treatment Facilities — Design of Backup Lancaster and Millidgeville Wastewater Electrical Generators project would be considered work of Treatment Facilities — Design of Backup a similar nature to that which has been recently completed Electrical Generators by Ralph Smith Engineering Inc. Hughes Surveys & Consultants Inc. have been working with the City recently on the preliminary and detailed Hillcrest Road — Road Reconstruction design for the Rural Roads — Upgrade project. The Hillcrest Road — Road Reconstruction project would be considered work of a similar nature to the Rural Roads project. PDF created with pdfFactory trial version www.pdffactory.com M &C 2007 - 30 February 8, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Preliminary Design of the Eastern and Western Potable Water Treatment Facilities BACKGROUND The approved 2006 Utility Fund Capital Program — Water Service Needs category includes a project for the preliminary design of the Eastern and Western potable water treatment facilities that will ultimately produce filtered water for the public. The project includes funding necessary to engage engineering services to complete the following: ♦ Part A — Site Surveys, Preliminary Investigation and Data Collection ♦ Part B — Conceptual Design Process ♦ Part C — Pre - design, Cost Estimates and Design Report ♦ Part D — Conduct Public Consultation Process The key task of this project is to review all the available potable water treatment technologies and processes, and to select the technology that is the best option for Saint John Water. The construction of the Eastern and Western potable water treatment facilities is proposed for 2011 to 2014. The purpose of this report is to make a recommendation for consulting engineering services for Preliminary Design of the Eastern and Western Potable Water Treatment Facilities. PDF created with pdfFactory trial version www.pdffactory.com ANALYSIS With comprehensive terms of reference document developed by staff, a public call for proposals was made for consulting engineering services. Submissions were received from three consulting engineering companies. A Review Committee of staff was selected to complete an analysis of all aspects of the submissions: ♦ Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering ♦ Dean Price, P. Eng. Municipal Engineer, Municipal Engineering ♦ Nicole Taylor, P. Eng. Operations Manager, Water Resources & Quality ♦ Peter Hanlon, P. Eng., Chief Water Quality Inspector ♦ Brent McGovern, P.Eng. Manager, Water & Wastewater Operations ♦ Dave Logan, C.P.P.B. Purchasing Agent / Manager, Materials and Fleet Management Each member completed an independent review of the submissions, and a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a conclusion on their recommendation, which follows later in the report. The evaluation process uses the expertise of a variety of staff from Purchasing, Operations and Engineering to ensure a thorough review of the various submissions. The work contemplated is very significant, vital to the overall potable water system and with a high consequence of error. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. PDF created with pdfFactory trial version www.pdffactory.com Proposals were received from three firms: • Touchie Engineering, Moncton • CBCL Limited, Saint John • Dillon Consulting Limited, Saint John As previously stated, the proposals were reviewed on the basis of the comprehensive and detailed terms of reference and their relationship to the following criteria: 1. Quality and Completeness — Does the proposal address all of the concerns raised? 2. Experience — Has the consultant demonstrated, for all parties concerned (primary consultant firm, sub consultant firms and staff of both), sufficient experience with this type of project? 3. Methodology — Has the consultant addressed all of the areas called for in the terms of reference and have they allowed sufficient time and resources to adequately address all needs? 4. Cost — Is the price quoted in line with the City's estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the "technical" evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration the Review Committee selected the submission of Touchie Engineering as the best proposal based on an overall rating of the evaluation criteria - presentation, company experience, personnel, technical proposal and cost. The submission from Touchie Engineering met all of the requirements of the proposal call, in a manner acceptable to the committee, with a cost - effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of work from Touchie Engineering to provide the design and construction management services is $424,058 including the City's eligible HST rebate. An amount of $400,000 is included in the 2006 Water & Sewerage Utility Fund Capital Program to cover the cost of preliminary design. The difference ($24,058) can be managed within the overall Capital Program envelope. PDF created with pdfFactory trial version www.pdffactory.com RECOMMENDATION It is recommended that the proposal of Touchie Engineering for engineering services for the Eastern and Western Potable Water Treatment Facilities project be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager PDF created with pdfFactory trial version www.pdffactory.com M & C — 2007 — 027 February 7, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Dates 24 Simpson Drive, 141 Churchland Road and Market Square BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the Rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the Public Hearing. The following applications have been received. Name of Applicant Location Existing Zone Proposed Zone Reason Calagero Salamone 24 Simpson "R -113" and `13-1" To permit a Dr. "RS -2" barber shop or beauty salon Randy P. Sanford 141 Church- "RS -1" 6613-2" To permit an land Rd. auto repair shop The Hardman Market Square "ID" Sec. 39 To permit an Group Limited approximately 45,000- sq. -ft. expansion PDF created with pdfFactory trial version www.pdffactory.com Report to Common Council February 7, 2007 RECOMMENDATION: Page 2 That Common Council schedule the Public Hearings for the rezoning applications of Calagero Salamone (24 Simpson Drive), Randy P. Sanford (141 Churchland Road), and the Section 39 amendment application of The Hardman Group Limited (Market Square) for Monday, March 12, 2007 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager PDF created with pdfFactory trial version www.pdffactory.com M & C — 2007 -26 February 9, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Lease #222 (Lower Cove Loop) - Saint John Port Authority BACKGROUND: The Saint John Port Authority leases land known as a portion of Lower Cove Loop to the City, which is used as street right -of -way. Lease #222 expired on December 31, 2006. The Saint John Port Authority has advised the City they are prepared to extend the lease for one additional three (3) year term with the annual rents to be $325.00 per annum. This is a slight increase from the previous three year term, being $310.00 per annum. The parcel in question is slightly more than 48,000 square feet (see attached sketch). The City and the Port have been parties to this lease since the mid 1970's. RECOMMENDATION: That The City of Saint John renew Lease #222 with the Saint John Port Authority Corporation for a further three (3) year term (commencing January 1, 2007, expiring on December 31, 2009), at an annual rent of $325.00 per annum (plus HST if applicable). It is further recommended that the Mayor and Common Clerk be authorized to execute the lease renewal. Respectfully submitted, Jim R. Baird, MCIP Commissioner, Planning & Development CL /c PDF created with pdfFactory trial version www.pdffactory.com Terrence Totten, C.A. City Manager a rue St. James St. 30 M $8210 $5 87 72 74 fialj 78 184 741/, AR&I Z; 3Q 30 313 71 _±I 43 4749 21; 31j 67 69 71 is 10 21 2y J a rue St. James St. 48 se M $8210 $5 87 72 74 fialj 78 184 741/, AR&I Z; 3Q 30 _±I 43 4749 IE 63 85 31j 67 69 71 .70;Q5 5 2 t Cn r" 40 48 se 62 64 im $8210 $5 87 72 74 fialj 78 184 741/, AR&I Z; 3Q 30 _±I 43 4749 IE 63 85 31j 67 69 71 .70;Q5 5 2 t rue Ross St. Lands leased from Port COrP. for Street R.O.W., Description of Plan: 0 0 r* CD ch rUe Broad St. Sketch indicates the parcels leased from the Port Corp. which form a portion of Broad St/ku,) e- r C-,f.-, v e- Lz)op - I PID: N/A I Pan: N/A Address: Broad St./kOwer Cue- LOOT> Date: Jan. 8,, 2004 M & C — 2007 -31 February 9, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Lease of Space Stall No. C - The City Market BACKGROUND: On March 26, 2006 Common Council resolved; 1. That The City of Saint John accept the surrender of Lease for Stall `B" from the Lessee, Vera Bochar, and 2. that The City of Saint John enter into a lease of space for Stall "C" in The City Market with Vera Bochar upon the terms and conditions as set out in the Draft Lease attached hereto; and 3. that the City initiate a change to "The By -law Relating to the Market in The City of Saint John" by amending section 5(2) by adding following 5(2)(g), Section 5(2) (h) "Stall C ", and 4. further that the Mayor and Common Clerk be authorized to sign the Lease, once finalized, or any other document required to finalize this transaction. The draft Lease attached to M & C # 2006 -44 had a term commencing on Feb. 15, 2006 and terminating on Feb 14, 2011. The build out of the new Baking Stone space did not occur on schedule and as such the new agreement did not become effective until May 1, 2006 and hence the new termination date should be April 30, 2011. The tenant's arrears had changed somewhat during this period of transition into new space; the tenant had paid the City a significant portion of its arrears and agreed to further repay the landlord $7.00 psf additional to rent to PDF created with pdfFactory trial version www.pdffactory.com Report to Common Council February 9, 2007 Page 2 retire the arrears. The arrears as at April 30, 2006 were $13, 982. The tenant subsequently asked that the Lease document notate that the City is responsible for the property taxes and is not recharging to the tenant; a reasonable request which provides the tenant with comfort on this item. One final change was required; the three month rent free period would be May, June and July of 2006 for accounting purposes as opposed to February to April in the Draft Lease. The above noted changes have been made to the lease document which has been signed by the tenant ready for Council's approval. RECOMMENDATION: 1. That The City of Saint John rescind the following portion of the March 27, 2006 (M &C 2006 -44) resolution: "that The City of Saint John enter into a lease of space for Stall "C" in the City Market with Vera Bochar upon the terms and conditions as set forth in the DRAFT Lease submitted hereto ", and further 2. That The City of Saint John enter into a Lease of space for Stall "C in the City Market with Vera Bochar under the terms and conditions as set out in the Lease submitted with M &C 2007 -31, and further 3. That the Mayor and Common Clerk be authorized to execute the lease. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager BI /mmf Attachment PDF created with pdfFactory trial version www.pdffactory.com .Y fi,- 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— Vera Bochar, 47 Charlotte Street, Saint John, NB, EX 2H7, doing business under the name The Baking Stone, the "Lessee" The "Rules and Regulations" attached hereto as Schedule "D" and the 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 May 1, 2006 April 30, 2011 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 attached and set out in Schedule "C ". DATED �K� .2,< , 2007. SIGNED, SEALED & DELIVERED In the presence of THE CITY OF SAINT JOHN N.M. McFarlane, Mayor J. Patrick Woods, Common Clerk Common Council Resolution: , 2007. Vera Bochar t y PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN 1, Gl•/c a Notary Public in and for the Province of New Brunswick, by Royal Authority, duly appointed, commissioned and sworn, residing and practising in the said Province, DO HEREBY CERTIFY that on the a S day of , 2007 at the City of Saint John, in the County. of Saint John and Province of New Brunswick, before me, personally came and appeared Vera Bochar, the Lessee named in the foregoing instrument and acknowledged that she signed, sealed, executed and delivered the same as and for her act and deed to and for the uses and purposes therein expressed and contained. \`�`,``�`1rrrtR�C��f��i' STIMONY WHEREOF I, the said Notary `� Q ..••• " "'•••.., Public, have hereunto set my hand and affixed my Notarial Seal at the City of Saint John = E * aforesaid the day and year herein above written. • V ''•••...... ��iiimr�rlru NOTARY PUBLIC PROVINCE OF NEW BRUNSWICK 3 ,x n G7 0 O m O ,� C Fri CIO (J) Q M 4- �P co -O v O O r f � T 3 y •p —h � (": cn S O rt �� Fri > G W m m z " A O b ;o -4 D O n 4 D O r m �. cn Z a i h 7� a ll� 4 LEASE FOR STALL SPACE CITY MARKET VERA BOCHAR/THE BAKING STONE 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) "Commencement Date" means a date determined in accordance with the provisions of Section 2.03; d) "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 tenants 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 seatingifood court; e) "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); f) "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; g) "Gross Receipts" means the total of all gross sales and receipts from all business conducted upon or from the Leased Premises, whether or not by the Lessee, and whether for cash, cheques, credit, charge account, exchange or otherwise, and shall include, but not be limited to, amounts received or receivable from the sale of goods or services and the amount of all orders taken or received at the Leased Premises regardless of where they are filled, whether such sales be made at a sales desk or counter, over the telephone or by any vending device. Interest, instalment, finance charges and deposits will be included, and bank or collection agency charges and uncollectible amount or bad debts will not be deducted. A credit or instalment sale will be considered as a sale for the full price in the month in which it takes place. Gross Receipts shall not include: t Lease for Stall Space — City Market Vera Bochar/The Baking Stone Schedule "C" - Page 2- i. sales for which the customer has received a refund, provided that the original sale was included in Gross Receipts; ii. sales of merchandise in exchange for returned merchandise, but only to the extent the original sale of the returned merchandise was included in Gross Receipts; iii. HST and any other sales, use, excise or gross receipts tax directly on sales and collected from customers at the point of sale, provided that the amount thereof is added to the selling price and shown. and/or collected as a separate item, and paid by the Lessee to such governmental authority; iv. delivery charges; v. transfers of merchandise between stores of the Lessee or returned to suppliers of the Lessee, but only if such transfer or return is not for the purpose of reducing Gross Receipts. h) "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; 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; j) "Lessor" includes the Lessor and its successors and assigns; k) "Lease" means this indenture of lease and includes any riders and schedules hereto and shall also include any agreements entered into 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, the first Lease Year commencing on the Commencement Date and ending on the 31st day of December in the calendar year of the Commencement Date. Thereafter Lease Years shall consist of consecutive periods of twelve calendar months ending in each case on December 31St, 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) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section 3.01; o) "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 <7 Lease for Stall Space — City Market Vera Bochar/The Baking Stone Schedule "C" - Page 3 - 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; p) "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; q) "Rent" means all Gross Rent and Additional Rent payable pursuant to the terms of this Lease; r) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors of the Leased Premises measured from: 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. 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) "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 "; u) "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; 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; w) "Lessee" means the party named as Lessee in this Lease; and x) "Term" means the period referred to in Section 2.03. Lease for Stall Space — City Market Vera Bochar/The Baking Stone Schedule "C" - Page 4- /:\ NI Y lei "Do I I GRANT, TERM AND INTENT 2.01 Leased Premises (a) 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 Stall C in the City Market in the City of Saint John, in the County of Saint John and Province of New Brunswick, and are shown outlined in red on Schedule "A" attached hereto. Stall C contains a Rentable Area of approximately Four Hundred Square Feet (400 ftz }. In the event the Leased Premises is re- measured the Lessee shall pay all rents based on a maximum square footage of Four Hundred Square Feet (400 W). 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 May 1, 2006 and fully to be completed and ended on April 30, 2011 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) forty -five (45) days after the Lessor has delivered vacant possession of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such forty -five (45) 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 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 ** ( * *) 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. ,-1 Lease for Stall Space — City Market Vera Bochar[Me Baking Stone Schedule "C" - Page 5- 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 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. ARTICLE III RENT AND DEPOSIT 3.01 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Twenty -Five ($25.00) Dollars per square foot of Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance on the first day of each and every month. According to the following schedule: Year 1 - $700.00 monthly ($21.00 per square foot) Year 2 - $766.60 monthly ($23.00 per square foot) Year 3 - $833.33 monthly ($25.00 per square foot) Year 4 - $900.00 monthly ($27.00 per square foot) Year 5 - $966.66 monthly ($29.00 per square foot) 3.01.1 Back Rent In addition to the Gross Rent, The Lessee shall pay to the Lessor an additional amount of Seven Dollars ($7.00) per square foot per annum, in lieu of Back Rent for the duration of the term. The Lessee shall pay this amount on the first day of each and every month in equal monthly instalments, monthly in advance, according to the following schedule: Every year during the term hereof - $233.33 monthly ($7.00 per square foot) The Lessee shall sign a Promissory Note in the amount of $14,000.00, the equivalent of Seven Dollars per square foot per annum for the term hereof as back rent. 3.02 Reports by Lessee a) The Lessee shall submit to the Lessor on or before the 10`" day following the end of each calendar month during the Term and including the 10'" day of the month following the end of the Term, at the place then fixed for the payment of Rent, a written statement signed by the Lessee showing the amount of Gross Receipts for the preceding month (and. fractional month, if any) and the amount of Gross Receipts for all preceding months of such Lease Year; b) On or before the 6e day following the end of each Lease Year (including the last Lease Year of the Term) the Lessee shall submit to the Lessor a statement in such form, style and scope as the Lessor reasonably determines, showing the amount of Gross Receipts during the preceding Lease Year, which statement shall be duly certified to be correct by the Lessee. The Lessee will not change its procedure relating to any aspect of its reporting of Gross Receipts without the prior, written consent of the Lessor, which consent shall not be unreasonably withheld. c) In addition to any other reports required by this Section 3.02, the Lessee shall also supply to the Lessor a statement of the approximate amount of Gross Receipts during any particular week in respect of which such a statement is requested by the Lessor, it being acknowledged that such weekly statement will be requested during weeks when promotions or other special activities are being carried on in the City Market. Lease for Stall Space — City Market Vera Bochar /The Baking Stone Schedule "C" - Page 6- A its tion, the esa at any reasonable -time upon five (5) days' prior writte to the Lessee, a complete audit to be made o t ire business at ng to the Leased Premises for the period covere ssee pursuant to Section 3.02. Any inform ' e essor as a result of such audit shall be e confidence by the 3.04 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. 3.05 Deposit The Lessor acknowledges receipt of Zero Dollars ($00.00) 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. 3.06 Pre- Authorized Payments /Postdated Cheques The Lessee may 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. In the event the Lessee opts to participate in the pre - authorized payment plan, the Lessee shall sign a form of application which is the same or similar to Schedule "D -P', to give full force and effect to the foregoing within five (5) days of presentation. In lieu of the pre- authorized payment plan referred to above, the Lessor shall be entitled to require the Lessee to present at the beginning of each Lease Year a series of monthly postdated cheques for each such Lease Year for the aggregate of the monthly payments of Gross Rent payable on a monthly basis, and, if applicable, any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. 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; Lease for Stall Space— City Market Vera Bochar /The Baking Stone Schedule "C'. - Pagel- 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 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 Iicense 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. Lease for Stall Space — City Market Vera Bochar /The Baking Stone Schedule "C" - Page 8- 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 I' day of each month during the Term. ARTICLE VII CONDUCT OF BUSINESS BY TENANT 7.01 Use of Leased Premises a) The Leased Premises shall be used continuously, actively and diligently for the sole purpose of a bakery, where the following products and services may be sold: breads, rolls, bagels, pastries, cakes, tortes, cookies, cupcakes, pies, tea biscuits, cream puffs, squares, diabetic bakery products, jams, jellies, preserves, baking utensils, cook books, hard and soft liquorice, plain and candied popcorn, candy and chocolate related gift packages, crackers and bread crumbs, oils and vinegars, herbs for bread dips, lunch specialities, fresh baked focaccias, onion/cheese topped baked desserts, small selection of essential oils /kitchen soaps, cooking magazines, New Brunswick products related to whole food wellness which can be used for gift baskets as related to main product lines and other related products as approved by the Deputy Market Clerk. 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 "The Baking Stone" 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 `3 Lease for Stall Space — City Market Vera Bochar /The Baking Stone Schedule "C" - Page 9- 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 on the Commencement Date or 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 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); Lease for Stall Space — City Market Vera BocharfMe Baking Stone Schedule "C" - Page 10 - 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 Renton demand; n) observe and comply with all federal, provincial or municipal Iaws 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 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; 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: i. 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 Lease for Stall Space — City Market Vera Bochar/The Baking Stone Schedule "C" -Page 11 - or other tenants in the City Market or tend to confuse, deceive, mislead or be fraudulent to the public; or v. a mail order business 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 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. Lease for Stall Space — City Market Vera Bochar/The Baking Stone Schedule "C" - Page 12 - 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. 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. Lease for Stall Space — City Market Vera Bochar/The Baking Stone Schedule "C" - Page 13 - 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 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; n Lease for Stall Space — City Market Vera BocharlThe Baking Stone Schedule "C" - Page 14 - 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 Iocated 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 Two Million Dollars ($2,000,000.00) 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; 1) 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 teriant 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; 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. w Lease for Stall Space — City Market Vera BochartMe Baking Stone Schedule "C" - Page 15 - 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 re sulting 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 Iiable 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 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: n Lease for Stall Space -- City Market Vera Bochar /The Baking Stone Schedule "C" - Page 16 - 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 (3r1) 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 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. .,a Lease for Stall Space — City Market Vera Bochar /The Baking Stone Schedule "C" - Page 17 - 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: i. There is no default of the obligations of the Lessee under this Lease; ii. 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; iii: 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; iv. 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 to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand as Additional Rent. Lease for Stall Space = City Market Vera Bocharffbe Baking Stone Schedule "C" -Page 18 - 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 fora 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 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 Lease for Stall Space — City Market Vera Bochar /The Baking Stone Schedule "C" - Page 19 - 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 1 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. Lease for Stall Space — City Market Vera Bochar/The Baking Stone Schedule ` "C" - Page 20 - ARTICLE XIV MISCELLANEOUS 14.01 Overholding 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. one and one half (1 '' /z) times the Gross Rent payable during the last month of the Term; and ii. 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 venturer 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. .K Lease for Stall Space — City Market 4 , Vera Bochar /The Baking Stone Schedule "C" - Page 21 - 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 Common Clerk, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessor at: C/O The Common Clerk, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1, with a copy to Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 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 15 Crestline Road, Rothesay, N.B., E211 105. 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 4LI. 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. t Lease for Stall Space — City Market Vera BocharfMe Baking Stone Schedule "C" - Page 22 - 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 Leased Premises, it does so at its own risk and the Lessee hereby agrees to release and indemnify and save 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. 14.19 Rent Free Period The Lessor and the Lessee agree so long as the Lessee is not in default under the Lease, the Lessee will not be responsible for Gross Rent for a period of three (3) months from and including May 1, 2006 to and including July 31, 2006. Utilities, Promotion Funds/Merchants' Association dues are payable during the Rent Free Period. 14.20 Lessor's Work The Lessor will build: a) a demising wall between the Stalls Band Cat the location indicated on Schedule "A" and ramp at the northwest corner of Stall C; b) relocate the sink, hot water tank and water services; and c) install electrical services sufficient to accommodate the Lessee's ovens and relocate fuse box. The Lessor's work shall be completed before the Lessee takes possession of the Leased Premises.. 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. S. 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. The Tenant shall use at the cost of the Tenant a national 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. lo. 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. SCHEDULE "D" RULES AND REGULATIONS Page 2 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. 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 lto 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 11" in size, and must not excessively obscure the view through the bench between the first and last rail above the bench. 44 SCHEDULE "D1" APPLICATION FOR AGREEMENT HEAD OFFICE OR PROPRIETOR'S NAME ACCOUNT RECEIVABLE NUMBER STORE NAME AND NUMBER DATE OF LEASE MONTHLY CHARGES STORE ADDRESS DATE OF LAST PAYMENT HEAD OFFICE ADDRESS BANK ACCOUNT NUMBER TRANSIT NUMBER BANK AND BRANCH NAME IN WHICH ACCOUNT STANDS IN BANK RECORDS SIGNING OFFICER SIGNATURE REQUEST FOR PRE- AUTHORIZED PAYMENTS I authorize (hereinafter referred to as the "Company'o And /or to debit the account of the undersigned maintained with the financial institution indicated above, monthly, in accordance with the PAYMENT AUTHORIZATION below, for the purpose of paying monthly rentals as noted above. "PLEASE ENCLOSEAN UNSIGNED SAMPLE CHEQUE FROM YOUR BANK OR TRUST COMPANY" AUTHORIZATION TO HONOUR PAYMENTS NAME OF BANK ADDRESS You are hereby requested and authorized to pay and debit my /our account at your office or at another branch of your institution if it is transferred there; all cheques drawn on you on my behalf and made payable to the Company or drawn on you by ; and all amounts specified on any magnetic or computer produced paper tapes requesting you to pay the Company or In consideration of your acting as aforesaid, it is agreed that your treatment of each cheque and /or tape and your rights with respect to it shall be the same as if it were signed by the undersigned personally, authorizing and requesting you to pay and credit such amount to the said Company Debiting my account and failure to pay shall give no liability on your part, regardless of the loss or damage. SCHEDULE "DI" .2- If the financial institution indicated above is not a bank in which THE BANK ACT OF CANADA applies, "cheque" as unused in this authorization shall include an "Order" that would be a cheque within he meaning of section 165 in THE BILLS OF EXCHANGE ACT (CANADA). Any delivery of this authorization to you will constitute delivery by the undersigned. (The signature appearing. below must be the same as the signature appearing in the signature file of the financial institution identified above.) DATE: AUTHORIZED SIGNATURE(S) The City of Saint John Norm McFarlane Mayor's Office Bureau du maire PROCLAMATION WHEREAS: Canadian women and men make an immense contribution to improving quality of life in communities around the world through their efforts as volunteers and supporters of international cooperation; and WHEREAS: Saint John is committed to international cooperation of the Federation of Canadian Municipalities with support from the Government of Canada through the Canadian International Development Agency; and WHEREAS: the Government of Canada and the Canadian International Development Agency celebrate Canada's contribution to international development during the first week of February each year, and this year is focusing on equality between women and men as a fundamental condition for human development; and WHEREAS: the United Nations acknowledges the importance of gender equality not only as a goal in itself, but as an essential path toward achieving aA the Millennium Development Goals by the targe 1 0 ; NOW THEREFORE: f, Mayor Norm McFarlane, of Saint John do hereby proclaim February 4 -10, 2007 at International Development Week in Saint John and urge all citizens to consider the contributions they can make to promoting the human rights, equality, and participation of women in communities around the world. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. , esA.A,� .. Saint John, NB Canada E21- 411 www.saintjohn.ca Norm McFarlane Mayor's Office Bureau du maire PROCLAMATION WHEREAS: The third week in February is nationally designated as time to recognize and celebrate our heritage; and WHEREAS: the significant heritage which we have inherited from our previous generations plays a vital role in providing a unique image to our City; and WHEREAS: our built heritage provides us with a legacy to be handed down for the benefit and enjoyment of future generations; and WHEREAS: our heritage has played a vital role in developing the rich social fabric of our City, and will continue to provided a framework for Building n e Past as w Develop for our Future. c. NOW THEREFORE: I, Mayor Norm McFarlane, w� of Saint John do hereby proclaim the week of February 11 - 17, 2007 as HERITAGE WEEK in The City Saint John and urge all citizens to support and participate in heritage activities occurring throughout the City. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. Greater Saint John Senior Advisory Committee {� PRESENTATION �5 ► History: Fall of 2004 SJCHC- Networking with Seniors — New Horizons Grant to identify service gaps and real needs of seniors to maintain a healthy life. ■ Focus groups -open to seniors and those interested in seniors in Greater SJ area (poor participation)- Questionnaires (not successful)- in all a total of 80 participants!!! • It appears no significant service gaps; however, the awareness of resources appears to be lacking. A number of suggestions came out of this exercise. • One recommendation was that a Senior Advisory Committee be established... and this has happened • The SAC has met and have established 3 priorities of concern and the tasks required under each will be determined. Purpose: Priorities: To promote senior wellbeing in the Greater Saint John area by: • Identifying and facilitating of senior concerns and priorities. • Communicating to /with other organizations dealing directly or indirectly with seniors and senior concerns • Working together to best meet these concerns and to bring forth recommendations and possible actions on common issues facing seniors. 1. Communications 2. Good Neighbours 3. Transportation We are asking that the Mayor and council to appoint someone who would be a liaison between the Senior Advisory Committee and Mayor and Council. Closing: We believe that by working together we can make our communities in the Greater SJ Area a place where senior's issues are addressed and solutions found. We invite your input and support. We also welcome an invitation to return to such a meeting so your group may receive a yearly update on our committee's progress. We would like to be seen as a viable resource in terms of areas that may affect the seniors in the communities and would welcome consultation on these matters. 1( f Application for a Zoning By -law Amendment Demande de modification a l'arretf! sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Z -fit L. 15o`i c..r J ft EZ -1 Mailing Address of applicant/ Addresse postale du demandeur 77 V� Postal Cade / Code postal Telephone Number / Numdro de tdldphone `1 -tv - 0340 Home / Domicile Work / Travail Fax Number / Numdro de tdldcopieur '56 ( �2 - (03 4 (5,2-o G Name of Property Owner (if different) / Nom du propridtaire (si diffdrem) . 13. jdej is Address / Adresse Property Information / Renseignements sur la proprietc Location / Emplacement Postal Code / Cade postal I?6_ 132 - 134 -13G M `L4'_Nt*4�1 gLVD Civic # / No de voirie Street / Rue PID Lot Area / Superficie du lot Street Frontage / Facade sur rue Existing Use of Property / Utilisation actuelle de la propridtd 1 air! A L Municipal Plan land Use Designation {� Designation de utilization des terres sur le plan municipal Amendment Requested / Modification demandee Present Zoning / Zonage actuel I 1, 1 4� Change Zoning to / Modification du zonage A and/or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (mdiquez les ddtails) Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition USir ) 0,r-' L L) Q na li A cetr m o Ai-1 424ur-r— e- � 6c A-"9 Gt;S3 M4z--)ET, N C! foL Gmr m ity 41 p q► Sa7� tN1 r You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site d l'echelle illustrant votre Proposition. Vous pouvez �galement journir des photographies, des plans de bdtiment des dessins de plan d' &&ation et toute autre forme de renseignement Le plan doit indiquer les dimensions de la propriety, 1`emplacement de la totaliM des bdtiments, des allees, des acres de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre approuv6es. QAOT 0- p 1 AJ) t r A7 /C Provide any other information about your proposal that would be helpful. / Fouruir tout autre renseignement concern= votre Proposition qui pourrait fte utile. Signature of Applicant 1 Signature du demandeur Date �, '2ev -7 ❑ $400 Application Fee Enclosed / Ci -joint les frail de dem de 400 S Ifyou are not the owner of the land in question Si vous n'dtes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprMtaire dans la partie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autorisrmt le for consideration by Common Council. traitement de la pr6ente demande pour que cette derniere soit examinge par le coned communal. Signature of Owner (if applicable} Signature due propridtaire (s'il y a lieu) Date: Family and Community Services New ik Nouveau Brunswick C A N A D A January 15, 2007 Mr. Patrick Woods, Common Clerk City of Saint John P. O. Box 1971 15 Market Square Saint John, NB F2L 4L1 Mr. Woods; Services fainitiaux et communautaires File: HA Project 105, Saint John (Crescent Valley) Re: Rezoning Application for 130 -136 MacLaren Blvd. being a portion of PID 00047142 This is to confirm that Robert Boyce, Architect, has been retained by the New Brunswick Housing Corporation. Mr. Boyce has been requested to design and oversee the conversion of the existing structure at 130 -136 MacLaren Blvd. from its current use to a combined community center and community police office. Mr. Boyce has been requested to make application on behalf of the Corporation (owner) for a rezoning to the subject building from RM1 three storey residential to a B2 general business zone. Should you require anything further from the Corporation regarding this application please contact me at 453 -2518. Sincerely, Alan L. Rayner, Manager Property Management and Loans Administration Central Office Program Delivery C.C. Jim Baird Robert Boyce Donna Beaton P.O. Box 6000 Case postale 6000 Fredericton Fredericton New Brunswick Nouveau- Bnmswick Canada E:3B 5H 1 Canada F3B 5111 PROPOSED ZONING BY -LAW AMENDMENT RE: 130 -136 MACLAREN BOULEVARD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, February 12, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 130 -136 MacLaren Boulevard, having an area of approximately 1,000 square metres, also identified as being a portion of PID No. 00047142, from 11RM -1" Three Storey Multiple Residential to "B -2" General Business. REASON FOR CHANGE: To permit a community police office and community outreach centre. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m, and 4 :30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 130 -136, BOULEVARD MACLAREN Avis public est donne, par la prdsente, que le conseil communal de The City of Saint John a l'intention d'etudier la modification suivante de I'arrete sur le nonage de The City of Saint John, au tours de la reunion ordinaire du conseil prevue le lundi 12 fevrier 2007 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 1,000 metres carrels, situee au 130 -136, boulevard MacLaren, et etant une partie du NID 00047142, de zone d'edifices a logements multiples de trois 6tages <<RM -1» a zone commerciale generale << B -2 >>. RAISON DE LA MODIFICATION: Permettre un poste de police communautaire et un centre local au sein de la collectivite. Toute personne interessee peut examiner le proj et de modification au bureau du greffier communal ou au bureau de Purbanisme et du ddveloppement a Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a Pattention du soussigne a 1'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 130 -136 MACLAREN BOULEVARD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, February 12, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 130 -136 MacLaren Boulevard, having an area of approximately 1,000 square metres, also identified as being a portion PID No. 00047142, from "RM -1" Three Storey Multiple Residential to "B -2" General Business. REASON FOR CHANGE; To permit a community police office and community outreach centre. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 130 -136, BOULEVARD MACLAREN Avis public est donnd, par la presente, que le conseil communal de The City of Saint John a Pintention d'etudier la modification suivante de Parretti sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prevue le lundi 12 f6vrier 2007 a 19 h dans la Salle du Conseil: Rezonage d'une parcelle de terrain d'une superficie approximative do 1,000 m6tres canes, situ6e au 130- 136, boulevard MacLaren, et etant une partie du NID 00047142, de zone d'edifices a logements multiples de trois 6tages <<RM -1» a zone commerciale g6nerale v B -2 >>. RAISON DE LA MODIFICATION: Permettre un poste de police communautaire et un centre local au sein de la collectivit6. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du developpement a Ph6tel de ville au 15, Market Square, Saint John, N, -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf ies jours fdri6s. Veuillez faire parvenir vos objections au projet de modification par dcrit a 1'attention du soussign6 a I'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71246) Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, January 16, 2007 Tuesday, February 6, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal D Public Notice Sub- Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common ClerklGreffier communal Contact: Telephone: (506) 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 130 -136 MACLAREN BOULEVARD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, February 12, 2007 at 7 :00 p.m., by: Rezoning a parcel of land located at 130 -136 MacLaren Boulevard, having an area of approximately 1,000 square metres, also identified as being a portion of PID No. 00047142, from "RM -1" Three Storey Multiple Residential to "B -2" General Business. REASON FOR CHANGE: To permit a community police office and community outreach centre. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 130 -136, BOULEVARD MACLAREN Avis public est donne, par la prdsente, que le conseil communal de The City of Saint John a Pintention d'dtudier la modification suivante de 1'arretd sur le zonage de The City of Saint John, au cours de la reunion ordinaire du Conseil prdvue le lundi 12 f6vrier 2007 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 1,000 metres carrels, situde au 130 -136, boulevard MacLaren, et dtant une partie du NID 00047142, de zone d'6difices a logements multiples de trois 6tages <<RM -1» a zone commerciale g6n6rale << B -2 ». RAISON DE LA MODIFICATION: Permettre un poste de police communautaire et un centre local au sein de la collectivite. Toute personne intdressee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du d6veloppement a 1'h3tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours fdrids. Veuillez faire parvenir vos objections au projet de modification par dcrit a Pattention du soussignd a 1'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 130 -136 MACLAREN BOULEVARD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, February 12, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 130 -136 MacLaren Boulevard, having an area of approximately 1,000 square metres, also identified as being a portion PID No. 00047142, from "RM -1" Three Storey Multiple Residential to "B -2" General Business. REASON FOR CHANGE: To permit a community police office and community outreach centre. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 130-136, BOULEVARD MACLAREN Avis public est donne, par la pr6sente, que le conseil communal de The City of Saint John a ]'intention d'dtudier la modification suivante de 1'arretd sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prdvue le lundi 12 fevrier 2007 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 1,000 metres carrels, situde au 130- 136, boulevard MacLaren, et dtant une pantie du NID 00047142, de zone d'6difiees a logements multiples de trois 6tages <<RM -1» a zone commerciale gen6rale << B -2 >>. RAISON DE LA MODIFICATION: Permettre un poste de police communautaire et un centre local au sein de la collectivitd. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du ddveloppement i Photel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours fdrids. Veuillez faire parvenir vos objections au projet de modification par 6crit a ]'attention du soussignd a 1'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 BY -LAW NUMBER C.P. 110 - 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 nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 130- 136 MacLaren Boulevard, having an area of approximately 1,000 square metres, also identified as being a portion of PID number 00047142, from "RM -l" Three Storey Multiple Residential to "B -2" General Business - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/Maire ARRETE No C.P.110- ARRETE MODIFL4,NT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a ddcrdtd ce qui suit: L'arretd sur le zonage de The City of Saint John, d6crete le dix -neuf (19) decembre 2005, est modiid par: 1 La modification de I'annexe «A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain dune superficie approximative de 1,000 metres carrels, situee au 130 -136, boulevard MacLaren, et etant une partie du NID 00047142, de zone d'edifices a logements multiples de trois etages <<RM -1» a zone commerciale gdndrale « B -2 » - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur ie present arrete le 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisidme lecture February 7, 2007 Your Worship and Councillors: SUBJECT: 130 -136 MacLaren Boulevard On January 29, 2007 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 6, 2007 meeting. Mr. Robert L. Boyce, Architect, appeared at the meeting in support of the application. The Planning Advisory Committee moved to adopt staff recommendation as set out below. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 1,000 square metres, located at 130 -136 MacLaren Boulevard, also identified as being a portion of PID Number 00047142, from "RM -1" Three Storey Multiple Residential to `B -2" General Business; and 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of a parcel of land with an area of approximately 1,000 square metres, located at 130 -136 MacLaren Boulevard, also identified as being a portion of PID Number 00047142, be subject to the condition that the use of the property is limited to a community centre, health clinic, community police office and association uses, and further that upon rezoning of the property, the land and building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 07-015 PDF created with pdfFactory trial version www.pdffactory.com DATE: FEBRUARY 2, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 6, 2007 SUBJECT: Name of Applicant: Name of Owner: Location: PID: Sarah Herring Planner Robert L. Boyce, Architect New Brunswick Housing Corporation 130 -136 MacLaren Boulevard 47142 (portion thereof) Municipal Plan: Medium Density Residential Zoning: Current: "RM -1" Three Storey Multiple Residential Proposed: `B -2" General Business Proposal: To convert a four - family dwelling into a community police station and community centre. Type of Application: Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendations at a public hearing on Monday, February 12, 2007. PDF created with pdfFactory trial version www.pdffactory.com Robert L. Boyce, Architect Page 2 130 -136 MacLaren Boulevard February 2, 2007 STAFF RECOMMENDATION TO COMMITTEE: 1. Common Council rezone a parcel of land with an area of approximately 1,000 square metres, located at 130 -136 MacLaren Boulevard, also identified as being a portion of PID Number 00047142, from "RM -1" Three Storey Multiple Residential to "B -2" General Business; and 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of a parcel of land with an area of approximately 1,000 square metres, located at 130 -136 MacLaren Boulevard, also identified as being a portion of PID Number 00047142, be subject to the condition that the use of the property is limited to a community centre, health clinic, community police office and associated uses, and further that upon rezoning of the property, the land and building or structure thereon must be developed and used in conformity with the proposal and condition identified herein BACKGROUND: Residents of Crescent Valley, in cooperation with Vibrant Communities Saint John and a number of other partners, recently conducted a survey of the area and held a community "SpeakOut" to identify a vision for the community and begin to resolve a number of issues for residents of the area. The need for a community centre and community policing office in the MacLaren Boulevard neighbourhood was identified as a need by residents of the community during these events. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to the requested rezoning. Building and Technical Services notes that several Building Code issues arise with this proposal and the architect should contact the Building and Technical Services office as soon as possible to resolve these concerns. Saint John Transit has no objections to the application and advises that service is currently provided to this location as MacLaren Boulevard is on the Portland Place Transit Route. Fire Department has no objection to the application; however, the Fire Department reminds the applicant to submit plans to the Office of the Fire Marshal for the purposes of having the renovation plans reviewed. As well, the function of the kitchen may require a NFPA - approved fire suppression system. PDF created with pdfFactory trial version www.pdffactory.com Robert L. Boyce, Architect 130 -136 MacLaren Boulevard ANALYSIS: Page 3 February 2, 2007 The subject site is located at the corner of MacLaren Boulevard and Belyea Street in the Crescent Valley area of North Saint John, adjacent to Samuel Davis Drive. The site currently contains a four - family dwelling owned by the New Brunswick Housing Corporation, and the surrounding neighbourhood contains a mixture of four - family and multiple family dwellings also owned by the NB Housing Corporation. The applicant is proposing to convert the existing four - family dwelling at 130 -136 MacLaren Boulevard into a community centre and community policy office with several offices, meeting rooms, a health clinic, multipurpose common areas and a kitchen and washroom facilities. This proposal requires that the subject site be rezoned from "RM -1" Three Storey Multiple Residential to `B -2" General Business in order to permit the proposed uses. A Municipal Plan Amendment is not required for this application as the Municipal Plan permits community facility uses that are designed to serve the needs of the local population and are compatible with the residential neighbourhood. The proposed community centre is envisioned as a community resource centre for residents of the Crescent Valley community and will prove resources such as a computer access centre, teen meeting place, health clinic and community police office for residents of the immediate area. As well, the subject site is located adjacent to the community playground, providing convenient and close access for users of the community centre. The proposed conversion of the dwelling will involve the refurbishment of the building and will be undertaken in a manner that will be compatible with similar building in the neighbourhood. Although the subject site is not located on an arterial or collector street as is usually required for commercial or other uses in residential areas, it is expected that many of the users of the facility will be travelling there on foot as they likely reside within a few blocks of the site. As the subject building is located on a corner lot, additional off - street parking spaces could be provided in the area to the side of the building if necessary. The addition of Section 39 Conditions requiring that the use of the subject site be restricted to the proposed community facility will also ensure that only local traffic will be travelling to and from the site. Approval of the requested rezoning can be supported as it was initiated by a need identified by the local community and it will permit the establishment of several positive community - oriented initiatives including a teen resource space, a computer access centre, a health clinic and a community police office. SKH Project No. 07 -015 PDF created with pdfFactory trial version www.r)dffactory.com 02/08/2007 14:43 6936564 Crescent balky Community Tenants L� 1 ` February 8, 2007 J. Patrick Woods Common Clerk Rezoning parcel of land at 130 —136 MacLaren Boulev M� 01 At the general meeting of the Crescent Valley Communi Tenants Assacia n held January 27, 2007 a motion was made and passed to lcome the devel 'me: of a community police office in the Crescent Valley area. a members pr nt feel the community will benefit from working closely wi the new comet officer, We support the rezoning and welcome the new c unity officer -the community. Janet MacLaughlin President Crescent Valley Community Tenants Association 55 M"Larm Blvd, Sai „t John. N.8. EM3E9 rek (506) 558 -9658 BY -LAW NUMBER M -16 A BY -LAW TO AMEND A BY -LAW RESPECTING WATER AND SEWERAGE ARRETE No M -16 ARRETE MODIFIANT L'ARRETE CONCERNANT LES RESEAUX D'EAU ET D'EGOUTS Be it enacted by Common Council of The Le Conseil communal de la City of Saint City of Saint John, as follows: Johnddicte ce qui suit: A by -law of The City of Saint John entitled "A By -law Respecting Water and Sewerage" enacted on the 7th day of June, A.D. 2004, is hereby amended as follows 1 Schedules "A" and "B" mentioned in section 44 are repealed, and Schedules "A" and "B" hereto annexed are substituted. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal* day of *, A.D. 2007 and signed by: Mayor /Maire L'arretd de la City of Saint John intituld Arrdte concernant les rdseaux d'eau et d'egouts >> ddictd le 7 juin 2004 est par les presentes modifie comme suit: 1 Les annexes u A » et « B >> mentionndes a Particle 44 sont abrogdes et sont remplacdes par les annexes o A >> et « B » annex&s aux presentes. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le * 2007,avec les signatures suivantes : Common Clerk/greffier communal First Reading - January 29, 2007 Premiere lecture - 29 janvier 2007 Second Reading - January 29, 2007 Deuxieme lecture - 29 janvier 2007 Third Reading - Troisieme lecture - SCHEDULE "A" ANNEXE « A o EFFECTIVE JANUARY 1, 2007 EN VIGUEUR LE ler JANVIER 2007 FLAT RATE CUSTOMERS — YEARLY TARIF FORFAITAIRE TARIF WATER CHARGE POUR LES CLIENTS - ANNUEL REDEVANCE SUR L' EAU $316.36 316,36S SCHEDULE "B" METERED CUSTOMERS EFFECTIVE JANUARY 1, 2007 WATER SERVICE CHARGE METER SIZE YEARLY MONTHLY BI- MONTHLY 15mm 129.84 10.82 21.64 20mm 189.84 15.82 31.64 25mm 279.72 23.31 46.62 40mm 489.84 40.82 81.64 SOmm 729.72 60.81 121.62 75mm 1,316.88 109.74 219.48 l OOmm 2,409.24 200.77 401.54 150mm 4,209.00 350.75 701.50 200mm 6,008.64 500.72 1,001.44 250mm & up 8,408.04 1 700.67 1,401.34 CONSUMPTION CHARGE MONTHLY PER CU.M c$) For the first 50 cu.m./monthly 0.89553 For the next 24,950 cu.ni/montWy 0.64059 For the next 100,000 cu.m./monthly 0.36915 For all in excess of 125,000 cu.m./monthly 0.11280 CONSUMPTION CHARGE BI- MONTHLY PER CU.M For the first 100 cu.m./bi- monthly 0.89553 For the next 49,900 cu.m./bi- monthly 0.64059 For the next 200,000 cu.m./bi- monthly 0.36915 For all in excess of 250,000 cu.m./bi- monthly 0.11280 ANNEXE <(B >> EN VIGUEUR LE for JANVIER 2007 CLIENTS ABEC COMPTEUR TARIF DES SERVICES D'EAU DIMENSION DU COMPTEUR TARIF ANNUEL 1 {$) TARIF MENSUEL ($} TART BIMESTRIEL {$ 15 mm 129,84 10,82 21,64 20 mm 189,84 15,82 31,64 25 mm 279,72 23,31 46,62 40 mm 489,84 40,82 81,64 50 mm 729,72 60,81 121,62 75 mm 1316,88 109,74 219,48 100 mm 2409,24 200,77 401,54 150 mm 4209,00 350,75 701,50 200 mm 6008,64 500,72 1001,44 250 mm et plus 8408,04 700,67 1401,34 FRAIS DE CONSOMMATION MENSUELS PAR m3 {$) Pour les 50 prenliers m I m par mois 0.89553 Pour les 24 950 m suivants m i par mois 0,64059 Pour les 100 000 m suivants m par mois 0,36915 Pour toute consommation au -dela de 125 000 m .m3 par mois 0,11280 FRAIS DE CONSOMMATION BIMESTRIELS PAR m3 Pour les 100 premiers m3 m bimestriels 0,89553 Pour les 49 900 m suivants m 3 bimestriels 0,64059 Pour les 200 000 m suivants m bimestriels 0,36915 Pour toute consommation au -dela de 250 000 m3 m3 bimestriels 0,11280 City Hall P.O. Box 1971 15 Market Square Saint John New Brunswick Canada E21.41.1 rn'R City of Saint John February 5, 2007 Mayor McFarlane and Councillors Your Worship and Councillors: The recent snowfall has resulted in a number of citizens calling me about the cleaning of snow from City sidewalks. The major concerns have been about children who live less than a mile from their school who are required to walk! The other concern is about bus stops for seniors. Both of these are health and safety issues that must be addressed. Therefore, my motion is to have staff explain in open session the priorities for snow removal in the City of Saint John. Respectfully submitted Ivan Court Councillor e-o se I am a concerned parent speaking on behalf of many other concerned parents in the neighborhood of Island View School, relating to our sidewalks not being plowed after each and every 'snow storm. There are approximately 36 children just on Ridge Row that walk everyday to and from school.It makes it very difficult for them when they have to walk in a foot of snow and up and over snow banks to get to school. We feel this is a safety issue for our children that are forced to walk on the road that has a lot of cars,school buses and city transit buses. If you could add our neighborhood to the list like every other school district, you would make many parents very appreciative!!! Signed Dated Uvvlol i 0 ' i. t-1 �r 5CL 1 3a. _ .1 NI L....' j' (14 IL �� / t, R City Hall 15 Market Square February 5, 2007 Mayor McFarlane and Councillors Your Worship and Councillors: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 City of Saint John would like to briefly speak on the topic of storm water management and refer the attached letter, from Strescon Limited, to Municipal Operations. Respectfully submitted gym_ � Ivan Court Councillor STRESCONAUTED \ W r / January 29, 2007 J Corporate Office 400 Chesley Drive Saint John, N8 • E2K 51_6 Phone: 506- 632-2600 Mr. Ivan Court Fax: 506- 632 -7689 Councilor, City of Saint John Environmental Portfolio Manager Xj Saint John Plant P.O. Box 1971 101 Ashburn Road Saint John, NB Saint John, NB • E2L 3W2 E21L 4L1 Phone: 506 -633 -8877 Fax: 506 -632 -7576 Dear Mr. Court: J Nova Scotia Plant I would like to take this opportunity to request the City of Saint John consider 131 Duke Street implementing storm water treatment requirements on all new, or renovated PO Box 44205 commercial parking lots. Bedford, NS • B4A 3Z8 Phone: 902 - 494 -7400 Fax: 902- 494 -7401 At this time, there is no requirement within the city to treat the storm run off from these sites. J New England Office There are numerous reasons to implement such a policy: 25 Burlington Mall Road Burlington, MA • 01803 Phone: 781- 221 -2153 1) Based on what is sold, and what is turned in for recycling, it is Fax: 781 -221 -2155 estimated every car on North American roads loses 1 liter of motor oil each year. With a conservative estimate of 30,000 vehicles using Saint John streets, this equals 30,000 liters of oil each year being released into our environment. 2) Every vehicle on our roads deposits brake pad and tire rubber during normal operations. 3) Winter sanding operations. construction, landscaping etc release large amounts of sand and silt that get washed into our storm sewer system. 4) When there are oil spills that make it to our storm system, the City of Saint John owns what is released from the pipes. Unless we are able to prove where it comes from we are liable for the clean up costs. 5) In areas where we have. c.-n Incd sewers, any material that goes to our storm system has an impact on our sanitary treatment facilities. 6) By capturing contaminates at the source, storm retention ponds will not only have longer cycles between maintenance, but will also be healthier. 7) There is a movement throughout the Province and Country towards requiring property owners to treat the run off from their lands. The municipalities of Fredericton, Moncton, Rothesay, St. Stephen, Grand Falls, Edmundston, Bathurst, Dieppe, Oromoclo, Tracadie- Sheila, Sussex, Miramichi as well as the department of Transport and the department of National Defense are all requiring treatment in various forms. 8) Cost to the city for requiring treatment is only enforcement. In other areas, developers are required to install and maintain the treatment devices on their property as part of the development agreements. Strescon is a member of the MEMBER Ocean Steel & Construction Group of Companies �• • w w w. s t r e s c o n. C 0 rn T� wu°rata M ealtrtrte 9) Outside developers, ie: box stores, hotels etc, coming to our community are familiar with this type of requirement and will only require the city to request treatment in order to have it happen. When we look at the cost of treating the sanitary waste being released to the harbour, this is a very easy, inexpensive and effective way to help us meet our goals of cleaning up our water. When we look at the storm water management programs in place, using the treatment devices available will help to maintain the life and health of our waterways. With the development the City of Saint John has experienced, and is expecting, this is a very opportune time to implement such a policy. If we start now, in five years we could be treating a large part of the commercial sites. If we wait two years, we will miss this golden opportunity. Thank you, Strescon Limited S&Zellt- �—Z40—� Stewart Totten Sales Representative Pipe Division I� City Hall 1.5 Market Square February 5, 2007 Mayor McFarlane and Councillors Your Worship and Councillors: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L] :L City of Saint John Out of respect for the proper procedure of Council sessions, I request that Council consider a restricted use or ban of Black Berries or cell phones in the Council Chambers during our regular meetings. Respectfully submitted C�� (��' Ivan Court Councillor February 7, 2007 Your Worship Norm McFarlane and Members of Common Council, Re: Climate Change Action Plan letter of Support Motion: I move that the City of Saint John sends a letter to the Premier of New Brunswick encouraging the Province of New Brunswick to implement a residential and commercial incentive program that promotes the usage of renewable sources of energy within the Province of New Brunswick, complimenting the Premiers Climate Change Action Plan. Background: The Premier should be commended on his proactive position on reducing greenhouse gas emissions and new strategies to adapt to the impacts of climate change. Five provinces have already set policies for residential home owners to further encourage the use of renewable sources of energy for the sake of the environment and in efforts to reduce traditional energy consumption. As being named the Energy Hub of Atlantic Canada, this would be an excellent opportunity to show the world Saint John's diversity. Real applications must found in ways renewable can save us money while doing the right thing. The Aquatic Center is a great example, facilities of this size all over the world are taken advantage of solar energy in heating their pools year round. Yours truly, Received by e -mail Jay -young Chang Saint John City Councillor PDF created with pdfFactory trial version www.pdffactory.com Additional Background Info: British Columbia Provincial Sales Tax Exemption Solar electric and solar thermal systems are exempt from Provincial sales tax when sold as a system. Details on the exemption. Posted Dec 2005 Ontario Ontario's Standard Offer Program Ontario's Standard Offer Program 42 cent/k" click here New Internal Energy Generation Program for Small Businesses in Northern Ontario The Northern Ontario Heritage Fund has recently announced a support program for on- site energy generation for small businesses in Northern Ontario as part of their Small Business Energy Conservation Program. The program runs through to December 31, 2007. The program covers a wide variety of applications including PV for northern tourist camps, solar hot water for restaurants, solar air heating for small manufacturing plants and solar pool heating for hotels. Specifics include: • Covers new internal (on -site) generation of energy for the business's own use which reduces the demand on external energy; • Business that are eligible include those in the mining, forestry, agriculture, hospitality, processing and manufacturing sectors; • Other applications and sectors will also be considered on a per case basis; • The maximum contribution is 50% per project up to $250, 000; • Preferences will be given to proposals that show significant energy cost savings; • The program can be used in conjunction with other government assistance programs (i.e. REDI) but can not exceed 75% of total project costs. Further details can be found at the Northern Ontario Heritage Fund Corp. website. Posted April 2005 PDF created with pdfFactory trial version www.pdffactory.com PST Rebate There is a Provincial Sales Tax Rebate on all residential solar equipment sold in Ontario. This program is set to expire Nov 2007. More information can be found here and the form that needs to be submitted. Posted Dec 2003 Prince Edward Island Alternative Heating Loan Program PEI offers a loan program incentive for homeowners to install solar air and water heating systems. Loans of a maximum $S, 000 per household are available at a rate of 6% annually. Products must comply with CSA Standards. More information. Posted January 2006 Provincial Sales Tax (PST) Exemption Solar thermal and solar photovoltaic systems are exempt from PST in PEI. More information. Posted January 2006 Nova Scotia Nova Scotians can receive a rebate of 10% of the installed cost of a solar water heating system for residential or commercial use (up to $S, 000 including HST). Systems include those used for domestic use, process use, space heating and year -round pool heating. Link to "Rebates and Incentives - Applications & Information" Saskatchewan Saskatchewan Urban Municipalities Association's Solar Pool Heating Member Advantage Program PDF created with pdfFactory trial version www.pdffactory.com Member municipalities of SUMA can take advantage of a program which offers an 8% rebate on the installation and cost of solar collectors used to heat swimming pools (between 10 and 14 systems can qualify per year). SUMA Member Services can provide product and installation expertise to those municipalities wishing to participate in this first ever energy efficiency program. SUMA will also assist members by facilitating the application process for REDI (Renewable Energy Deployment Initiative) funding through NRCan. For more information on this program, please visit SUMA's website. Municipal Government Incentives Solar Water Heating Grant Program in Waterloo Region, ON The Residential Energy Efficiency Project (REEP) of Waterloo Region (a project of the University of Waterloo) has partnered with Cambridge and North Dumfries Hydro Inc. ( CNDHI) to deliver a 2 year grant program for solar water heater installations. CNDHI customers with electric water heaters who install a solar domestic water heating system are eligible for a grant of up to $1500, with 8 grants being offered per year. This program is part of CNDHI's conservation and demand side management program known as Earth Wise, which aims to develop a local culture of conservation. Interested consumers can contact REEP at 519- 744 -9799 for more details regarding the solar water heating system grant. This is a great example of what utilities interested in conserving energy and reducing greenhouse gas emissions can do to support solar. Posted Aug 2005 Jay -young Chang, Councillor, City of Saint John, New Brunswick Phone. 506.650.2351 www.saintiohn.ca PDF created with pdfFactory trial version www.r)dffactory.com www.saintjohn.ca February 8, 2007 Mayor Norm McFarlane and Members of Common Council Your Worship and Fellow Councilors: P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 Re; One Mile House, Wels_ford By -pass, Route #1 to St. Stephen As the Councillor responsible for Transportation and related issues I would request our staff together with the appropriate staff of the Province of New Brunswick, present an update to Council on the status of these critical transportation projects. The timely completion of these projects is vital to our longterm economic growth. Recommendation I move that the City Manager be directed to work with the appropriate Provincial staff to prepare an update for Council regarding the status of the One Mile House, Welsford By- pass, and Route #1 to St. Stephen transportation projects. Respectfully submitted, Christopher T. Titus Councillor I�b www.saintjohn.ca February 8, 2007 P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 Your Worship Mayor Norman McFarlane & Members of Common Council; RE: Defamation Action I have received a copy of a letter dated January 25, 2007, was sent to all Pension Plan Participants and City Councill that I, like you, have received this correspondence in the o issues are now indeed before the Court, in an action in w Defendant, and I will not comment on the merits of that however, some factual errors within that letter and I need tc for you, the Citizens of Saint John, which I understand ors. It is only today rdinary course. The rich I am the only action. There are, clarify those briefly As a member of Saint John Common Council, I owe a fi uciary duty to all taxpayers, in addition to the Pension Plan Participants. This role requires me to ask the hard questions of those who are entrusted with your pension funds and, perhaps more importantly, your tax dollars. Any comments I made regarding the Pension Fund were made in good faith and for that pur ose. As taxpayers, and beneficiaries of that Fund, you should expect nothing le 3s from any elected City Councillor - a Citizen just like you. Again, I repeat, the legal action has been brought against Me personally by the Board and the individual Trustees. I did not choose to bring the matter before the Court, but I will defend that action vigorously. I have etained the oldest independent firm in New Brunswick to defend me and my family. I will also continue to fulfill my duty to investigate those Pension Plan deficiencies. We, the Citizens of Saint John, must ensure someone is held accountable. This is responsible government, not Defamation. -2- I attempted to communicate with you, the Pension Plan P rticipants, directly, but the Board was not forthcoming with your addresses. Accordingly, I hope that you will receive this advice in due course through some form of communication. Yours very truly, J cc: The Citizens of Saint John Pension Plan Participants Christopher T. Titus, Member of the Board Glendon Tait, Member of the Board REPORT TO COMMON COUNCIL M & C 2007 19 January 26, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Saint John Water — 2006 Annual Water Report BACKGROUND 71r � I The City of Saint john Municipalities in New Brunswick operate public drinking water systems under conditions set out in certificates of Approval to Operate drinking water treatment and distribution facilities. Developed by the Department of the Environment, in collaboration with the Department of Health, these formal approvals set out standards for water treatment plants, distribution facilities and system operators that strive to assure safe drinking water. The City of Saint John (as the Approval Holder) provides drinking water services to the public under authority of Approval to Operate W -254 Drinking Water Distribution & Treatment Facilities issued by the Minister of the Environment. The certificate represents formal authorization to the Approval Holder to operate drinking water facilities. It directs that: "The Approval Holder shall keep the operation of the Facilities in compliance with the Water Quality Regulation 82 -126 under the Clean Environment Act and the Potable Water Regulation 93 -203 under the Clean Water Act of the Province of New Brunswick. Violation of this Approval or any condition herein stated constitutes a violation of the Clean Environment Act and/or the Clean Water Act." The certificate of Approval to Operate is a regulatory tool designed to enhance a municipality's ability to manage its drinking water services; to establish clear guidance and common understanding among all concerned with providing high quality, safe and reliable drinking water for the community. PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 2 Protective Barriers Management of Saint John Water is based on the system of protective barriers designed to provide a comprehensive "source to tap" protective web. Source Water Treatment Operations & Maintenance Monitoring & Alarms Distribution System Emergency Response For instance Municipal Operations & Engineering is preparing a contingency plan for business continuity; one that will serve during the predicted influenza pandemic, when it is expected that an outbreak could seriously disrupt personnel availability and, therefore, operations and service delivery. Annual Report Condition #51 in the certificate requires submission of an annual report to the Department of the Environment (Director, Stewardship Branch), prepared in accordance with a standard template provided by the Department. The report provides pertinent technical and operating information to the regulator on the water systems: Analytical results (microbiological, organic and inorganic); System monitoring plan (including historical data on free chlorine residual, turbidity, pH, temperature, iron, manganese, and other aspects of water quality) Water production data; Annual chemical consumptions (chlorine and fluoride); Operational highlights (incidents and improvements) Summary of backflow prevention and cross - connection activities; Summary of flushing activities; Operator information (training, certifications and staffing changes); and Information to the public. ANALYSIS The water system of the City of Saint John is by far the largest in the Province of New Brunswick. The Saint John Water — Annual Water Report with all its attachments consists of hundreds of pages of facts and data. Rather than table such a voluminous document with each member of Council, only the main body of the Annual Water Report is attached hereto, with its various sections summarized herein. A full copy of the report with all appendices is on file with the Common Clerk. PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 3 Tntrnrl n efi nn Cindy Wilson /Telegraph- Journal Saint John Water a division of the City of Saint John is responsible for the delivery of water and wastewater services. In accordance with condition #51 of the Approval to Operate, the annual report is intended to provide the Department of the Environment (system regulator) with pertinent information relating to operation of the municipal water system in 2006. Analytical Results Over the course of the year, the City analyzed raw water sources from 14 locations giving a total of 55 analytical results for each of those sampling locations. These samples indicate the quality of water available from lakes that are the sources of our drinking water. To ensure system water is safe to drink, samples are collected from 30 sites throughout the distribution network. These sites are analyzed for bacteriological properties weekly. Eighteen of those sites are analyzed for inorganic chemistry semi - annually, and for organic chemistry quarterly. In addition, Saint John Water samples weekly all temporary water mains. In addition to the noted above testing, several other water parameters are tested routinely to monitor system safety and drinking water quality. These measures include chlorine residual data, pH, fluoride, turbidity, total dissolved solids, iron and conductivity. PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 4 Spruce Lake System For the first time in a number of years all main line water meters in the Spruce Lake System are operational. In addition those meters are read daily allowing for the reporting of peak daily figures for this system. During 2006, annual water production for the Spruce Lake system was approximately 6.7 billion Imperial Gallons, a slight decrease from 2005 annual Spruce Lake water production which was just under 7.0 billion Imperial Gallons. In 2006 peak monthly production was 720.4 million Imperial Gallons and comparatively in 2005 peak monthly production exceeded 915 million Imperial Gallons. Consumption fluctuations on the Spruce Lake system are primarily as a result of industrial demands, given that domestic consumptions remain relatively constant during the year and represents a far smaller proportion of total western flows (both actual and potential). Industrial demand increases are typically related directly to temperature increases, as a significant portion of the water is used for cooling purposes. 2006 Spruce Lake System Monthly Production 300 -- —tt 200 - tt Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. When the level of Spruce Lake reached 197.4' on September 6th staff turned on the 2000hp Musquash pumps and began transferring water from the Musquash watershed to Menzies Lake which is part of the Spruce Lake watershed. This interbasin transfer is necessary to supplement the domestic and industrial demand on the Spruce Lake system. The pumps were turned off on PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 5 October 30th, 2006 when the lake elevation reached 201.2'. A total volume of 963.5 million Imperial Gallons of water was transferred. Loch Lomond System During 2006, annual water production for the Loch Lomond system was slightly under 9.4 billion Imperial Gallons, a very marginal decrease of 1.4 percent (1.4 %) from 2005 Loch Lomond water production, which was just over 9.5 billion Imperial Gallons. 2006 Loch Lomond System Monthly Production 1,200 1,000 U) 800 0 E m 600 c� Q E 400 200 0 Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Combined Systems Combining the 2006 average daily water production monthly for both the western and eastern systems shows the overall system production (east and west combined) remained relatively constant at just over approximately forty -four million imperial gallons per day versus forty -five million in 2005. The reason for the overall system monthly production increase during the June to September /October period can largely be explained by big industrial users' annual summer season increase of approximately ten million Imperial Gallons on average. PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 6 2006 Combined Systems (Spruce & Loch Lomond) Average Daily Production 60 0 55 n c 50 0 F 45 m 40 Q E 35 30 Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Chemical Consumption During 2006, a total of 188.3 tonnes of liquid chlorine were consumed in the Loch Lomond System, 207.9 tonnes of sodium hypochlorite in the Spruce Lake System and 147.1 tonnes of hydrofluosilicic acid were consumed in both systems combined. Operational Events A unidirectional flushing program was performed in Saint John for the first time in the fall of 2005. 2006 saw the expansion of this program and it is expected to grow until the entire water system is flushed in this manner. The areas flushed for 2006 took in streets in West Saint John, south of the Saint John Throughway. An assessment undertaken in 2005 indicated the need for upgrading the electrical, mechanical and structural systems at the Latimer Lake Chlorination Facility and of the electrical system at the Spruce Lake Pumping and Chlorination Facility. The work is ongoing with a completion date of early 2007. April 1 st to 4th, 2006 the Federal - Provincial - Territorial Committee on Drinking Water sponsored the 12th Canadian National Conference and 3rd Policy Forum on Drinking Water. It was held in Saint John and attended by over 280 key government regulators, utility managers, public health inspectors, researchers, students and others from across Canada. Concurrent with this conference, Saint John Water opened public displays on the history of the local water system. PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 7 Working with the local Department of Health office, on April 21st staff of Saint John Water gave a tour of water facilities to a group of Public Health Inspectors. This is part of the ongoing outreach efforts of Saint John Water to keep the lines of communication open with our regulators. In May 2006 the lab staff of Saint John Water applied and successfully attained a Certificate of Laboratory Proficiency from the Canadian Association for Environmental Analytical Laboratories (CAEAL) for a number of parameters. Fluoridation of potable water from the Latimer Lake Chlorination Facility was halted on June 6th 2006 due to a fire in one of the bulk storage silos for Hydrofluosilicic acid. Investigation into the cause of the fire and remediation of the damage is ongoing. Saint John Water presented to Common Council at its June 19th, 2006 session a comprehensive contingency plan for public health or environmental emergencies related to drinking water facilities. A preliminary training session on the contingency plan for Saint John Water staff was conducted September 7th, 2006. CBC Radio did a day long feature on drinking water issues August 16th, 2006. In addition to interviewing a number of other professionals from the Maritimes, CBC conducted a regional call -in talk show on water quality issues with the Chief Water Quality Inspector for Saint John Water answering questions from across the three provinces. The Canadian Institute of Public Health Inspectors met in Saint John during October 2006. As part of their continuing education program, Saint John Water presented a session on the evolution of water treatment and its impact on public health over the centuries. This talk also highlighted the urgent need for full treatment in Saint John's drinking water system. During the period November 27 to December 4, 2006 staff of Saint John Water while supplying the Rockwood Park High Zone from the Park Street Pump Station, drained and cleaned the Rockwood Park Tank at Fisher Lakes and returned the tank to service after appropriate quality testing. During the early morning of December 2, 2006 a four -wheel drive truck went off Loch Lomond Road and entered First Loch Lomond Lake. Fortunately no fluid drained from the truck and tests were conducted to ensure that no contaminants entered the water. Approved in the 2006 capital program and carried forward to 2007, $200,000 has been allocated to the construction of facilities to protect the Loch Lomond watershed from runoff associated with highway hazards. An additional $200,000 has been proposed for the 2007 capital program. As of December 31, 2006 there were 1439 testable backflow prevention devices registered with the City of Saint John Cross Connection Control Program. Of these 119 were installed in 2006; 55 of which are premise isolation devices. As the Backflow Prevention and Cross Connection PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 8 Control Program evolves, an emphasis has been placed on commercial water customers needing to install devices as well as keeping existing devices up to date. The winter of 2005/2006 was considerably milder than the previous one: distribution staff at Saint John Water encountered literally no frozen services. In the summer of 2006 staff excavated and either lowered or insulated 59 services that had frozen during the winter of 2004/2005. In 2006 operations repaired 69 water main breaks ranging in size from 100mm to 600mm. This was a decrease of 6 breaks over 2005 and a decrease of 3 breaks over 2004. The City of Saint John's new Churchill Heights water storage tank was chlorinated, drained, microbio logically tested and permanently put into service in the spring of 2006. The old Lancaster tank was demolished in March 2006. Condition #71 of the Approval to Operate requires submission of a report listing all cross - connections (ie: flushings) between the potable water system and the sanitary sewer system, and a detailing of mitigation measures to be taken. Staff have identified 115 such flushings. Field evaluations of each location are currently underway. A complete report listing all locations, remediation steps to be taken and scheduling of that work will be produced and sent to the Department of Environment by July 31St, 2007. On the morning of November 24th, 2007 a 24" water main failed resulting in a substantial loss of pressure across the eastern water system. Crews quickly isolated the break and service was restored. This particular water main was installed in 1857, and is made of cast iron. Cabital Water Svstem Imbrovements During 2006, Municipal Operations and Engineering (Saint John Water) administered a total of 16 water related capital projects designed to renew, rehabilitate, expand and monitor water system infrastructure while improving water quality in a number of instances. In 2006, the utility share of capital funding to water related categories (which are made up of water infrastructure renewal, water service needs and watershed protection) totaled $7.765 million dollars or 45.8% of the utility share of capital expenditures. This represents an increased investment in the water system of $765,000 over 2005 Following a highly successful pilot project in May, 2006, City staff undertook a large scale water main cleaning and lining project to address long- standing water quality issues in two neighbourhoods. City Council allocated $400,000 to clean and line approximately 2000m of old, unlined, cast iron pipes, some dating back as far as 1898. Building on the success of the 2006 project, the City has initiated an annual program of cleaning and lining water mains. PDF created with pdfFactory trial version www.pdffactory.com M &C2007- 19 January 26, 2007 Page 9 Operator Training & Certification Governments in Canada have given increased attention to the operation and maintenance of water and wastewater systems and the pivotal role they play in providing for public health and protection of the environment. This increased attention has led to new regulatory regimes, including provisions for the training and certification of staff. Since 2001, Saint John Water has been working with the New Brunswick Community College - Saint John in developing training programs. Great progress continues to be made advancing the development of high quality training opportunities for operators across New Brunswick. A detailed training and certification summary is included in the annual report. RECOMMENDATION It is recommended that Common Council receive and file this report, and authorize staff to forward the 2006 Saint John Water - Annual Water Report to the Department of the Environment on behalf of the City of Saint John (Approval Holder). Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A City Manager PDF created with pdfFactory trial version www.pdffactory.com ohn �ater.V4a AO" 1 4 :* Cindy Wilson/Telegraph- Journal 2006 - Annual Water Report January 2007 PDF created with pdfFactory trial version www.pdffactory.com 2006 Saint John Water - Annual Water Report Table of Contents Page Introduction 1 Protective Barriers 2 Annual Report 2 Analytical Results 3 Raw Water and Distribution System 3 Sampling 3 Monitoring Results 4 Water Production 5 Spruce Lake System 5 Loch Lomond System 7 Combined 9 Chemical Consumption 9 Operational Events 9 Water Quality 9 Backflow Prevention and CCC 12 Water Distribution 13 PDF created with pdfFactory trial version www.pdffactory.com Capital Water System Improvements 14 Operator Training & Certification 16 Training & Certification Plans 23 Operator training Plan — Water Treatment 23 Operator Certification — Water Treatment 24 Operator Training Plan — Water Distribution 24 Operator Certification — Water Distribution 25 Human Resources 26 Responsible Staff 26 New Hires 27 Internal Staffing Changes 28 Public Information 31 Communication 31 Customer Service 31 Commitment 31 APPENDICES A. East & West Raw Water Sample Sites B. Raw Water Analytical Results C. Raw Water & Distribution System Organic & Inorganic Analytical Results D. Monthly Water Testing Summaries E. Water Sampling Plan F. Chlorine Residual Assurance Program - Data G. Freshwater data Sheets & Chlorine Residual Data H. Approved 2006 Water & Sewerage Utility Fund Capital Program I. Proposed 2007 Water & Sewerage Utility Fund Capital Program J. 2007 Training & Development Schedule K. CAEAL Accreditation Saint John Laboratory Services Ltd L. Certifications Achieved to Date PDF created with pdfFactory trial version www.pdffactory.com M. Summary 2006 Water Main Breaks N. 2006 Staff Training Summary O. CAEAL Proficiency Certification Saint John Water Environmental Laboratory P. Examples of Weekly Construction Reports Q. Hydrant Flushing Ads R. Newspaper Article S. 2006 Customer Requests Relating to Pressure and Water Discolouration T. Examples of Field Test Unit Functional Check Record U. Contact List Reviews PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report 1 2006 Saint John Water - Annual Water Report INTRODUCTION Under an Act of the Legislature of the Province of New Brunswick, the Commissioners of Sewerage and Water began on the 29th of June, 1855 to manage the combined operations of the collection and disposal of sewage and the provision of potable water to the citizens of Saint John and Portland. On March 2"d, 1857 Commissioners John Sears, John M. Walker, and John Owens presented the first annual report, pictured to the right, to "all interested in the works placed under their management ". Annexed to that first report were the Report of the Superintendent of Works and the Report of the Auditors appointed by the Common Council, on the Accounts of the Commissioners. Currently Saint John Water a division of the City of Saint John is responsible for the delivery of water and wastewater services. On this sesquicentennial of that first Annual Report, Saint John Water is pleased to submit the "2006 Saint John Water - Annual Water Report ' . ILRAIGE AND WATER COJIMF i 'T'Y C1.L' S:1L 'f' JOHN RT474 OR POIlTEa -VD. me tli li f67f Iai& aewrx�i�, a. y, Iw17[en '�5' nmx�e,snv i�ar, Saint John Water provides drinking water services to the public and operates its water systems under Approval to Operate W -254: Drinking Water Distribution & Treatment Facilities. This Approval to Operate was issued by the New Brunswick Minister of the Environment effective April 1, 2006. The City's current certificate is valid for a 5 -year period from April 1, 2006 to March 31, 2011. The certificate represents formal authorization to the City of Saint John (Approval Holder) by the Minister to operate drinking water facilities. It directs that: "The Approval Holder shall keep the operation of the Facilities in compliance with the Water Quality Regulation 82 -126 under the Clean Environment Act and the Potable Water Regulation 93 -203 under the Clean Water Act of the Province of New Brunswick. Violation of this Approval or any condition herein stated constitutes a violation of the Clean Environment Act and/or the Clean Water Act." PDF created with pdfFactory trial version www.r)dffactory.com r 'U, "', �knll a 2006 Annual Water Report 2 Since April 2003, all municipal water systems in New Brunswick are required to abide by the various conditions set out in Approvals to Operate drinking water treatment and distribution facilities. These regulatory tools, developed in collaboration with the Department of Health, set standards for water treatment plants, distribution facilities and system operators that strive to ensure safe and reliable drinking water for the community. Originally four separate Approvals were issued to the City for a 3 -year period. Upon their expiry, they were updated and consolidated into the current Approval. Saint John Water fully endorses these standards and the philosophy behind the need for strict regulation of systems supplying water to the public. Protective Barriers Safe drinking water is essential for the protection of public health and for the economic vitality of Saint John. It is understood however that drinking water is vulnerable to contamination from many potential threats. Management of Saint John Water is based on the system of protective barriers established by the Department of the Environment, in consultation with the Department of Health. Saint John Water recognizes the merits of such a comprehensive "source to tap" system. Source Water: Raw water quality, ground or surface, source details, surrounding land uses, local geology; Treatment: Unit operational details and performance, disinfection performance, capacity, flow rates; Operations & Maintenance: Staffing levels, operator education and certification, communications, management structure, maintenance; Monitoring & Alarms: Sampling plan, alarms, lab testing, record keeping and reporting; Distribution System: Residual chlorine, total coliform, E. coli, THMs, age of infrastructure, storage reservoirs, flushing, backflow prevention and cross connection control; and Emergency Response: Plans for natural disasters, boil order plan, safety training, back -up power. This protective web is designed to enhance water quality and assist in preventing contamination from reaching consumers by fully developing the system to ensure the multiple barriers are in place. Annual Report Condition #51 of the certificate requires submission of an Annual Report to the Department of the Environment. The report provides pertinent technical and operating information to the regulator on the City's water systems: PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report i✓ Analytical results (microbiological, organic and inorganic); System monitoring plan (including historical data on free chlorine residual, turbidity, pH, temperature, iron, manganese, and other aspects of water quality) Water production data; Annual chemical consumptions (chlorine & fluoride); Operational highlights (incidents & improvements) Summary of backflow prevention and cross - connection activities; Summary of flushing activities; Operator information (training, certifications & staffing changes); and Information to the public. ANALYTICAL RESULTS Raw Water and Distribution System During 2006, the Saint John Water analyzed raw water sources in the eastern water system from ten locations and in the western water system from four locations. This raw water sampling is in addition to the water quality sampling plan approved by the Department of Health and is summarized on the following page. Appendix A includes maps of the east and west systems identifying the raw water sample sites. Appendix B provides a summary of all fifty -five parameters for each of the respective raw water sampling locations on the noted dates. Further to the raw water tests; the approved water sampling plan that was followed during 2006 required that samples be collected weekly at thirty locations throughout the three water systems and microbio logically tested. Eighteen of the sites are analyzed semi- annually for inorganics and quarterly for organics. Organic and inorganic analytical results are included in Appendix C noting each location where the respective samples were collected. In addition to the aforementioned sampling, Saint John Water also samples weekly all the temporary water mains. Weekly microbiological results for E.coli (EC) and Total Coliforms (TC) and the monthly results for Heterotrophic Plate Counts (HPC) are included in Appendix D. Sampling The sampling plan adhered to during 2006, as approved by the Department of Health, is summarized below. PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report 4 Bacteriological (weekly sampling) Source Raw Water Distribution System Loch Lomond 1 17 Spruce Lake 1 9 Red Head 2 0 Total 4 26 Inorganic (semi - annual sampling) Source Raw Water Distribution System Loch Lomond 1 10 Spruce Lake 1 4 Red Head 2 0 Total 4 14 Organic (quarterly sampling) Source Raw Water Distribution System Loch Lomond 1 10 Spruce Lake 1 4 Red Head 2 0 Total 4 14 A full copy of the sampling plan, developed in conjunction with the Department of the Environment and the Department of Health, is contained in Appendix E. With respect to water testing, the City currently utilizes a number of laboratories; however the primary local analytical service provider is Saint John Laboratory Services Ltd. Other laboratories used from time to time are; Aztec Laboratory Inc., Saint John; and Maxxam Analytics Inc., Halifax. Consideration is given to the proximity of the lab to the water system when selecting an analytical service as travel time delays results and could adversely impact the quality of samples being transported. During both 2005 and 2006, Saint John Laboratory Services Ltd. received accreditation for a number of specific tests however not all parameters. At the Approval Compliance Evaluations (ACE) in 2005 and in 2006, this was noted by the Department of the Environment. Saint John Water awaits direction. Appendix K contains summaries of accreditations currently held by Saint John Laboratory Services Ltd. In 2006 the City continued its involvement with WaterTrax: the utility data management service. The program had been sponsored by the Department of the Environment with the purpose of electronically consolidating water quality data from various sources such as laboratories and field staff allowing secure online access by the City of Saint John, the Department of Health and the Department of the Environment. Financial support is no PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report E longer available from the Province for this program, however, it is expected that a number of New Brunswick water utilities, including Saint John Water, will be supporting the continued use of this database. Monitoring Results Since June 2004 a chlorine residual assurance program manually tests for effective disinfection every 4 hours, everyday, in both the east and west systems. The data collected during 2006 is summarized in tabular format in Appendix F. It is expected that these tests will be done by online analyzers once the SCADA system upgrade is complete. Included in Appendix G is the chlorine residual data collected as part of the regular water testing program as well as other regularly monitored data, such as pH, turbidity, fluoride, total dissolved solids, conductivity and iron levels. The testing for iron has been increased to become a routine test this past year, whereas it had been previously only done on request from operations staff. Monitoring of source water turbidity has been added to the list of daily tests conducted — this is changed from last year where such readings were done only weekly. WATER PRODUCTION Spruce Lake System For the first time in a number of years all main line water meters in the Spruce Lake System are operational. In addition those meters are read daily allowing for the reporting of peak daily figures for this system. During 2006, annual water production for the Spruce Lake system was approximately 6.7 billion Imperial Gallons, a slight decrease from 2005 annual Spruce Lake water production which was just under 7.0 billion Imperial Gallons. In 2006 peak monthly production was 720.4 million Imperial Gallons and comparatively in 2005 peak monthly production exceeded 915 million Imperial Gallons. Consumption fluctuations on the Spruce Lake system are primarily as a result of industrial demands, given that domestic consumptions remain relatively constant during the year and represents a far smaller proportion of total western flows (both actual and potential). Industrial demand increases are typically related directly to temperature increases, as a significant portion of the water is used for cooling purposes. PDF created with pdfFactory trial version www.pdffactory.com n f"', �k ll a 2006 Annual Water Report Spruce Lake System 2006 Combined - Domestic and Industrial Water Production ,J r ' • P a` S •� a,�l a�. Map of Western Watersheds PDF created with pdfFactory trial version www.pdffactory.com PEAK DAILY MONTHLY PRODUCTION PRODUCTION MONTH (Imp. Gal.) (Imp. Gala January 20,547,840 521,964,298 February 19,951,416 428,478,182 March 24,312,216 457,273,544 April 18,168,688 503,874,985 May 21,089,461 569,205,135 June 24,311,987 618,323,823 July 26,255,416 669,943,735 August 27,066,069 720,411,402 September 23,989,511 661,423,045 October 18,365,635 532,380,469 November 19,728,956 552,695,823 December 18,217,286 476,588,257 ,J r ' • P a` S •� a,�l a�. Map of Western Watersheds PDF created with pdfFactory trial version www.pdffactory.com n f"', �k ll a 2006 Annual Water Report 2006 Spruce Lake System Monthly Production 1,000 900 800 700 600 E m 500 CD Q 400 E 300 -- — tt —tt 200 100 0 Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. 7 When the level of Spruce Lake reached 197.4' on September 6th staff turned on the 2000hp Musquash pumps and began transferring water from the Musquash watershed to Menzies Lake which is part of the Spruce Lake watershed. This interbasin transfer is necessary to supplement the domestic and industrial demand on the Spruce Lake system. The pumps were turned off on October 30th, 2006 when the lake elevation reached 201.2'. A total volume of 963.5 million Imperial Gallons of water was transferred. Loch Lomond System During 2006, annual water production for the Loch Lomond system was slightly under 9.4 billion Imperial Gallons, a very marginal decrease of 1.4 percent (1.4 %) from 2005 Loch Lomond water production, which was just over 9.5 billion Imperial Gallons. PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report Loch Lomond System 2006 Combined - Domestic and Industrial Water Production PDF created with pdfFactory trial version www.pdffactory.com PEAK DAILY MONTHLY PRODUCTION PRODUCTION MONTH (Imp. Gal.) (Imp. Gal.) January 28,046,634 792.630873 February 27,650,682 731.060262 March 28,222,613 810.646711 April 26,814,782 763.880323 May 28,464,584 787.131533 June 28,838,539 789.793213 July 28,706,555 836.493609 August 50,945,297 880.993193 September 46,050,664 970.008514 October 33,074,566 775.423189 November 25,110,691 603.254200 December 21,080,000 653.480000 PDF created with pdfFactory trial version www.pdffactory.com n f"', �k ll a 2006 Annual Water Report 9 a Al y }s 9 ' t N r Map of Eastern Watersheds 2006 Loch Lomond System Monthly Production 1,200 1,000 U) 800 0 m 600 0 Q 400 200 0 Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. PDF created with pdfFactory trial version www.r)dffactory.com 'U, "', �knll a 2006 Annual Water Report 10 Combined Systems Combining the 2006 average daily water production monthly for both the western and eastern systems shows the overall system production (east and west combined) remained relatively constant at just over approximately forty -four million imperial gallons per day versus forty -five million in 2005. The reason for the overall system monthly production increase during the June to September /October period can largely be explained by big industrial users' annual summer season increase of approximately ten million Imperial Gallons on average. 2006 Combined Systems (Spruce & Loch Lomond) Average Daily Production 60 co 0 Z5 55 CL U) 50 0 E 45 M O 40 Q E 7- 35 30 Jan. Feb. Ma r. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Chemical Consumption During 2006, a total of 188.3 tonnes of liquid chlorine were consumed in the Loch Lomond System, 207.9 tonnes of sodium hypochlorite in the Spruce Lake System and 147.1 tonnes of hydrofluosilicic acid were consumed in both systems combined. OPERATIONAL EVENTS Water Ouality A unidirectional flushing program was performed in Saint John for the first time in the fall of 2005. 2006 saw the expansion of this program and it is expected to grow until the entire water system is flushed in this manner. PDF created with pdfFactory trial version www.pdffactory.com n f"', �k ll a 2006 Annual Water Report 11 Once again the City of Saint John contracted the services of Aqua Data Atlantic to design and assist in the execution of the unidirectional flushing sequences. The 2005 model for the lower west side was updated to reflect any changes and an adjacent zone was added. The areas flushed for 2006 took in streets in West Saint John, south of the Saint John Throughway. The UDF program for 2006 commenced on November 8, 2006 and was completed by November 30, 2006. Due to the late execution of the program the final results have not been received, but some of the observations follow: In 2005 conventional flushing of the zones was performed in the spring, but in 2006 this was not done. This contributed to longer flushing times in 2006 and may skew the comparison of results with 2005. ■ The targeted turbidity was to be less than or equal to 2.0 NTU, but due to the difficulty in clearing some sequences this benchmark was raised to 3.0 NTU to ensure reasonable progress and avoid the waste of water. Statistics for Zone 1 — Lower West Saint John • Number of sequences— 115 • Length of flushed pipe — 70346 ft • Valves turned — 136 of 373 • Hydrants used — 72 of 136 • Average number of valves operated per sequence — 4.8 ■ Statistics for Zone 2 — Fundy Heights / Sand Cove Road • Number of sequences — 95 • Length of flushed pipe — 20632 ft • Valves turned — 78 • Hydrants used — 67 During 2005 an evaluation of the electrical, mechanical and structural systems at the Latimer Lake Chlorination Facility and of the electrical system at the Spruce Lake Pumping and Chlorination Facility was undertaken. This study indicated the need for upgrading both facilities. The work is ongoing with a completion date of early 2007. PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report 12 April 1St to 4th, 2006 the Federal - Provincial - Territorial Committee on Drinking Water sponsored the 12th Canadian National Conference and 3rd Policy Forum on Drinking Water. It was held in Saint John and attended by over 280 key government regulators, utility managers, public health inspectors, researchers, students and others from across Canada representing all facets responsible for the provision of safe drinking water in our country. In addition there were attendees from the United States, France and Brazil. Concurrent with this conference, Saint John Water opened displays on the history of the local water system: at the New Brunswick Museum in Market Square and in the Saint John Free Public Library. Both displays garnered considerable public interest with 1882 people visiting the museum display between March 28 and April 8. Working with the local Department of Health office, on April 21St staff of Saint John Water gave a tour of water facilities to a group of Public Health Inspectors. This is part of the ongoing outreach efforts of Saint John Water to keep the lines of communication open with our regulators. In May 2006 the lab staff of Saint John Water applied and successfully attained a Certificate of Laboratory Proficiency from the Canadian Association for Environmental Analytical Laboratories (CAEAL) for the following parameters: BOD (5 day), Conductivity, Fluoride, pH, Residual Chlorine, Total Suspended Solids, and Turbidity. Relevant certificates for Saint John Water Environmental Laboratory are in Appendix O. Fluoridation of potable water from the Latimer Lake Chlorination Facility was halted on June 6th 2006 due to a fire in one of the bulk storage silos for Hydrofluosilicic acid. Investigation into the cause of the fire and remediation of the damage is ongoing. Saint John Water presented to Common Council at its June 19th, 2006 session a comprehensive contingency plan that will aid in the protection of the public, property and environment in the event of a public health or environmental emergency related to drinking water facilities. A preliminary traimu session on the contingency plan for Saint John Water staff was conducted September 7t , 2006. Appendix U contains the reviews done in 2006 of the contingency plan. CBC Radio did a day long feature on drinking water issues on August 16th, 2006. In addition to interviewing a number of other professionals from the Maritimes, CBC conducted a regional call -in talk show on water quality issues with the Chief Water Quality Inspector for Saint John Water answering questions from across the three provinces. PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report 13 The Canadian Institute of Public Health Inspectors met in Saint John during October 2006. As part of their continuing education program, staff from Saint John Water presented a session on the evolution of water treatment and its impact on public health over the centuries. This talk also highlighted the urgent need for full treatment in Saint John's drinking water system. At the November 2005 Approvals Compliance Evaluation (A.C.E.) meeting it was identified that there were numerous portable chlorine detection units being used by Saint John Water staff to check the chlorine levels in the treated water. It was requested that these units be calibration checked to ensure the reading accuracy of them. The Saint John Water Environmental Lab staff implemented a calibration check program starting in January 2006 to check the Hach Chlorine Pocket Colorimeters against Hach standards to ensure their reliability. Initially the frequency was monthly however this was determined to be too frequent and it was changed to every 2 months or upon the request of the user. The results from these calibration checks are recorded and accessible to City staff. In March of 2006 two portable turbidimeters were purchased for each water system and a calibration check frequency of yearly was identified. Annually a Hach customer service representative is brought to service other Hach equipment used in the Environment Lab and these 2 turbidimeters were added to the list to be serviced by the rep. Samples of the Functional Check Record sheets are shown in Appendix T. During the period November 27 to December 4, 2006 staff of Saint John Water while supplying the Rockwood Park High Zone from the Park Street Pump Station, drained and cleaned the Rockwood Park Tank at Fisher Lakes and returned the tank to service after appropriate quality testing. During the early morning of December 2, 2006 a four - wheel drive truck went off Loch Lomond Road near the small bridge at the St. Martin's cutoff. The truck was completely submerged in the channel connecting Loch Lomond and Robertson Lake. Fortunately no fluid drained from the truck and tests were conducted to ensure that no contaminants entered the water. A study of both the Loch Lomond and Spruce Lake watersheds was completed in 2005 which analyzed the various hazards to the watersheds and identified facilities to protect both. Approved in the 2006 capital program and carried forward to 2007, $200,000 has been allocated to the construction of facilities to protect the Loch Lomond watershed from runoff associated with highway hazards. An additional $200,000 has been proposed for the 2007 capital program. PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report Backflow Prevention and CCC As of December 31, 2006 there were 1439 testable backflow prevention devices registered with the City of Saint John Cross Connection Control Program. Of these 119 were installed in 2006; 55 of which are premise isolation devices. Premise isolation devices installed in 2006 include; Crosby's Molasses, the Provincial Lab, the New Brunswick Museum, Irving Tissue, Lancaster Mall, Clean Earth Ltd., NB Southern Railway, and numerous restaurants. 14 The Backflow Prevention and Cross Connection Control By -law Program continues to evolve; an emphasis has been placed on commercial water customers that need to install devices and keep existing devices up to date. This has met with moderate success and thus an increase in premise isolation. A draft updated by -law has been circulated to staff and once approved by Council, will provide the necessary regulation to clarify policies and make them more enforceable. The Plumbing Inspector and the Manager, Customer Service remain active members of the New Brunswick Backflow Prevention Association and as members of the Cross Connection Control Sub - committee of ACWWA. In 2006 they have both represented ACWWA as proctors overseeing certification examinations for Backflow Prevention Device Testers. Water Distribution The winter of 2005/2006 was considerably milder than the previous one: distribution staff at Saint John Water encountered no frozen services. In the summer of 2006 staff excavated and either lowered or insulated 59 services that had frozen during the winter of 2004/2005. In 2006 operations repaired 69 water main breaks ranging in size from 100mm to 600mm as summarized in Appendix M. This was a decrease of 6 breaks over 2005 and a decrease of 3 breaks over 2004. The City of Saint John's new Churchill Heights water storage tank was chlorinated, drained, microbio logically tested and permanently put into service in the spring of 2006. The old Lancaster tank was demolished in March 2006. Condition #71 of the Approval to Operate requires submission of a listing of all sources of cross- connection between potable water and sewer systems. The report is to provide a listing of such connections, a detailing of mitigation measures to be taken, and an PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report 15 implementation schedule. Originally this report was to be submitted no later than November 1St, 2006. Saint John Water operates the largest water system in Atlantic Canada (based on flows), and the oldest water system in the country. Given the magnitude of the system, permission was received from the Department of Environment to submit a plan addressing Condition #71 in this annual report. Staff have been reviewing records and completing field investigations to identify the location and types of such cross - connections. Records initially indicated 342 such "flushings ". Comparing the old records against capital construction projects from the last twenty years, and considering work done in -house during that period, a number of these were found to be duplicate listings, while others had been removed or replaced with fire hydrants. Staff have narrowed the number of flushings to 115. Field evaluations of each location are currently underway. Once the field work is complete, staff will be assigning each location either to in -house crews or packaging work to be sent out to contract for removal /remediation. A complete report listing all locations, remediation steps to be taken and scheduling of that work will be produced and sent to the Department of Environment by July 31St, 2007. On the morning of November 24th, 2007 a 24" water main failed resulting in a substantial loss of pressure across the eastern water system. Crews quickly isolated the break and service was restored. This particular water main was installed in 1857, and is made of cast iron. In the late 1800's it was cleaned and in the mid 1950's it was cleaned and lined with mortar. CAPITAL WATER SYSTEM IMPROVEMENTS During 2006, Municipal Operations and Engineering administered a total of 16 water related capital projects designed to renew, rehabilitate, expand and monitor water system infrastructure while improving water quality in a number of instances. Appendix H provides a detailed listing of the projects that were included in the 2006 Water and Sewerage Utility Fund Capital Program approved by Common Council. It should be noted that some of the projects will be on- going in 2007. Those projects are identified by "C -07" in the on -going column. Appendix I lists the projects currently proposed for the 2007 Water and Sewerage Utility Fund Capital Program. In 2006, the utility share of capital funding to water related categories (which are made up of water infrastructure renewal, water service needs and watershed protection) totaled $7.765 million dollars or as can be seen by the pie chart on the first page in the Appendix PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report 16 H, 45.8% of the utility share of capital expenditures. This represents an increased investment in the water system of $765,000 over 2005. In summary, 2006 projects included; the planned renewal of 1,655m of water distribution main, the installation of 1,900m of new water distribution main and the installation of 2,400m of 600mm transmission main. By year end approximately 1,085m of water distribution main had been renewed, 160m of new water distribution main installed and all 2.4km of transmission main installed, with remaining work on -going in 2007. The installation of a new 600mm transmission main, as can be seen in the adjacent photograph has replaced a large portion of the western transmission main that dates back to the 1890's. This change will allow slightly raised pressures in that serviced area and also translate into improved water quality as the water will move through a clean new transmission main. Last year many of the pipe renewal projects involved replacing unlined cast iron pipe or ductile iron pipe with new PVC water main, directly improving water quality. Three other significant projects, two of which were continued from 2005 as part of the capital program were; the installation of computer monitoring equipment as well as the installation of communications equipment which is part of the ongoing upgrade of a new Supervisory Control And Data Acquisition (SCADA) system. The final project of note was the commissioning of the new Churchill Heights tank. Following a highly successful pilot project in May, 2006, City staff undertook a large scale water main cleaning and lining project to address long- standing water quality issues in two neighbourhoods. City Council allocated $400,000 to clean and line approximately 2000m of old, unlined, cast iron pipes, some dating back as far as 1898. The process, originally established in the UK, involved excavating and removing small lengths of water main, typically at gate valves, to permit the entry of the rack - feed boring head. Once the length of pipe was cleaned of all tuberculate and scale, the inside of the water main was then coated with a lmm thick two -part polyurethane. The flow rate and nozzle travel speed were controlled by a computer on board the lining rig. PDF created with pdfFactory trial version www.pdffactory.com n f"', �k ll a 2006 Annual Water Report Residents had their water back in service the same day but, were given a Boil Water Advisory until two consecutive samples tested clear of any bacteriological concerns. The hydraulic properties of the pipes were restored and levels of iron in the water dropped dramatically. 17 Building on the success of the 2006 project, the City has initiated an annual program of cleaning and lining water mains. A newspaper article on the cleaning and lining program is included in Appendix R. The Water & Sewerage Business Plan Review that was completed in 2002 determined significant investments in infrastructure renewal were necessary to ensure the future sustainability of the system. As shown in the following graph, significant water main infrastructure improvements have been made and continue to be made. Approved Water Main Improvement Plans 9000 8000 7000 5 2 6000 rn 5000 -J 4000 CO E 3000 `m CO 2000 1000 0 2000 2001 2002 2003 2004 2005 2006 Year ■ Renewal ❑ New Install ❑ Rehabilitation PDF created with pdfFactory trial version www.r)dffactory.com 'U, "', �knll a 2006 Annual Water Report 18 OPERATOR TRAINING & CERTIFICATION Saint John water continues to place increased attention on the operation and maintenance of our water and wastewater systems and the pivotal role they play in providing for the protection of public health. Since 2001, the City of Saint John has been working with the New Brunswick Community College (NBCC) - Saint John in developing training programs for its water and wastewater operators. City of Saint John staff, in accordance with the provincially issued Approval to Operate, are working towards meeting specific training and certification requirements. The Approval to Operate requires that an operator complete, as appropriate, either the "Water Distribution System Operation and Maintenance" course or the "Water Treatment Plant Operation, Volumes I & II ", California State University correspondence course or alternatively, either the "New Brunswick Community College Water Distribution Fundamentals Program" or the "New Brunswick Community College Water Treatment Operation Fundamentals Program ". Starting in 2001, the City of Saint John and NBCC entered into a Memorandum of Understanding to develop a water & wastewater operators training program. In 2004 they applied for and received financial support from the Provincial Environmental Trust Fund to further develop a distance learning component for training operators. In 2005 further financial support was received from the ETF. Last year in 2006, the ETF contributed an additional $99,000 to further advancing high quality training opportunities for water and wastewater operators across New Brunswick. For 2007, an amount totaling $91,564.50 has been requested to assist in further advancing the development of these training opportunities. The proposed training course title "Energy Efficiency for Sustainable Water & Wastewater Operators" could yield significant environmental benefits to the Province once developed and delivered to water and wastewater operators. The project proposes the continued sharing of curriculum and training content developed by NBCC -Saint John (in co- operation with the City of Saint John) with CCNB- Bathurst for their use in continuing the development of a francophone training program, resulting in a uniform approach to training in the Province and providing operators in all New Brunswick communities the opportunity to access high quality training. Training is integral to improving the quality of operation and maintenance in water and wastewater facilities and the ETF project is consistent with the vision of the Municipal Operations and Engineering Department (Saint John Water) of the City of Saint John "excellence in public service through increased knowledge, skill and proficiency ". PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report 19 A number of formal training courses were offered to system staff during the 2006 calendar year. Listed below are all formal courses that were offered in 2006, complete with a short descriptor. Backhoe — Staff from the dig crews participate in this peer training. Aimed at developing a basic operating skill level, familiarity with the safety inspection for this equipment and introduction to excavation safety issues. CFI Common - Designed for experienced employees, this course is a critical component of the formal Water and Wastewater Training System, delivered by the NBCC - Saint John. It provides a solid basis upon which to build specialized training beyond the basic level in critical systems essential to the management of municipal water facilities, including Water Distribution, Wastewater Collection, Water Treatment, and Wastewater Treatment. The course includes eight days of training, comprising the following units of instruction: General Knowledge, Support Systems, Administrative Systems, Field / lab Demo. CFI Wastewater Treatment - Participants will receive more training and further develop problem solving skills for wastewater treatment system operations and maintenance. Topics to be discussed are: water treatment overview, water supply, coagulation and flocculation, sedimentation, softening, filtration, iron and manganese control, taste and odour control, disinfection processes, fluoridation, scaling and corrosion control, chemical storage, handling and feed systems. CFS Common — General Knowledge Water and Wastewater Fundamentals: provides knowledge and skills related to safety, mathematics and basic science related to Water and Wastewater systems. CFS Wastewater Collection - General Knowledge Water and Wastewater Fundamentals: provides knowledge and skills related to safety, mathematics and basic science related to Water and Wastewater systems. Support Systems Water and Wastewater Fundamentals: provides knowledge of major components, principles and proper operation of common equipment including pumps, drive systems, engines and generators, compressors, valves, and control components. Wastewater Quality Fundamentals: provides knowledge and skill related to wastewater quality assurance, and quality control, including wastewater sampling and quality, public health implications and regulatory requirements. Wastewater Collection Process: provides knowledge and skill related to wastewater collection system operation and maintenance, including wastewater collection overview, gravity sewers, sewer operation and maintenance, wastewater lift stations, wastewater force mains, disinfection processes, wastewater treatment overview. PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report 20 CFS Wastewater Treatment - Support Systems Water and Wastewater Fundamentals: provides knowledge of major components, principles and proper operation of common equipment, including pumps, drive systems, engines and generators, compressors, valves, and control components. Wastewater Quality Fundamentals: provides knowledge and skill related to wastewater quality assurance and quality control, including wastewater sampling and quality, public health implications and regulatory requirements. Wastewater Treatment Process: provides knowledge and skill related to wastewater treatment system operation and maintenance, including wastewater treatment overview, preliminary treatment, primary treatment, secondary treatment, sludge management, disinfection processes, tertiary treatment. Confined Space Entry - Participants will develop knowledge and skills in Confined Space Entry that meets and exceeds legislated requirements. Training topics include: the legal regulations, Standard Operating Procedures, Confined Space Audit, Confined Space Entry, Confined Space Rescue. Confined Space Rescue - Participants will learn to safely and effectively perform Confined Space Entry and Rescue. The course will cover: a review of confined space entry procedures, atmospheric monitoring and control systems, duties of rescue personnel, personal protective equipment for rescue personnel, S.C.B.A., rescue equipment including lifeline, retrieval system, stretcher, casualty packaging and manipulation, Rescue procedures, Engaging first responders. CPR /First Aid — This course provided for reasons of workplace safety, thoroughly explains to individuals the fundamentals of first aid and basic life support. Customer Service - Participants will learn the basic principles of customer service with the aim of better serving our internal and external clients. Topics include: the customer - centered organization, internal customers, external customers, identification of needs, prioritization of needs, review of values -based behaviour (i.e. orientation), elements of high quality service, implications of low quality service, service examples and lessons learned. Effective Communication - Participants will learn communication skills to improve operations. Topics to be addressed are: basic concepts of effective communication, providing job instruction, communication in the work team, participating in staff meetings, conducting tailgate meetings, providing verbal reports, business writing basics, reporting work results. Fire Extin ui sher — In this course, participants learn how to classify the types of fires and to use fire extinguishers correctly. Topics include; fire chemistry, fire classification, types of fire extinguishers, fire extinguisher rating, symbols used PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report 21 on fire extinguishers, selecting a fire extinguisher, use of a fire extinguishers and inspecting fire extinguishers. Forklift Safe& - The aim of this course is to develop the skills needed to operate industrial lift trucks safely and effectively. It will: describe requirements of OHS 91 -191 s 216, describe hazards to operators, describe hazards to pedestrians, describe hazard mitigation strategy, identify and describe FOPS, identify and describe ROPS, describe function of controls, conduct a pre - operational inspection, navigate an obstacle course, stack pallets, ground equipment. Front End Loader — Staff from the dig crews participate in this peer training. Aimed at developing a basic operating skill level, and familiarity with the safety inspection required prior to operating this equipment. Highway Si n aler — Certifies that the employee has attended training on the proper methods of using traffic control signals, including such things as the employee's responsibilities, personal protective equipment, procedures and communication. HTE Payroll — Participants learn to use the HTE payroll system for Hours Entry. The course will address: general HTE procedures, payroll overview, hours entry, hours proof employee enquiry. Prerequisite: HTE Work Request Job Order HTE Work Requests & Job Order - This course teaches participants to use the City's HTE work request job order system. After an introduction to HTE system environment, participants will learn about: creating internal work requests and job orders, searching for work requests and job orders, closing job orders, entering expenditures. Job Coaching - This course prepares peer trainers to become successful field coaches. The course covers: understanding adult learning needs; the coaching process; setting up the field coaching environment; guidelines for instruction; guidelines for feedback; setting goals and objectives for the trainee; developing checklists; evaluation progress; learner reactions and feedback. Natural Gas Safety - Participants will learn safe work practices for carrying out street construction operations near natural gas pipelines. The lecture will also include: complying with regulations for natural gas pipelines, regulatory authority, notification procedure, penalties associated with non - compliance, required work method and emergency procedures, hazards associated with natural gas, characteristics of the pipeline and the pipe itself (hazard abatement). PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report 22 Occupation Health and Safety I — This course covers following topics; responsibilities under Occupational Health and Safety Act, role of Joint Health and Safety Committees, due diligence, construction safety and the role of the highway signaler. Occupational Health and Safety 2 - Participants will learn about the Health and Safety Improvement System (HSIS). Topics include: safety and quality, quality systems general (iterative, audit -based processes), the HSIS framework, implementation methodology, expected outcomes. Oxyacetylene - Participants learn to: safely operate an oxyacetylene cutting torch according to regulations, identify and describe hazards associated with oxyacetylene operation. Professional Driver Improvement - Participants will develop skills to prevent collisions by learning a positive approach to driving. Training will address; maintaining space, avoiding close encounters, safe passing, mystery crash accident prevention. Program Management - The course content delivered in an interactive and application based approach has ten modules, each one focusing on a major aspect of program management. The goal is to have students apply program management techniques in a variety of situations that can be easily transferred to their own work initiatives. The course is meant to provide a "tool box" of management concepts that can be used to effectively plan and control work. Resource Management - Participants will learn the basic principles of Human Resource Management, Property Management and Financial Management. Training topics include: the City's budget process, financial reporting and analysis process, inventory and purchasing procedures, fleet management procedures. Respiratory Protection — Participants learn about the types of respiratory protection equipment and how to safely use this equipment. The instructor reviews existing Standard Operating Procedures and worker's responsibilities. Also discussed are: the type, selection and use of respirators, fit testing respirators, medical evaluations, maintenance and care of respirators. Supervisory Training — The objective is to develop supervisory personnel by providing a series of training modules focusing on key supervisory competencies who can then apply the knowledge in supervisory situations. PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report 23 Tag Out Lock Out — A Standard Operating Procedure was developed and implemented in April 2006 to address safety issues surrounding mechanical and electrical repairs to process equipment. A training session was held in 2006 for Environmental Protection personnel by the WHSCC. Tandem Training — The tandem truck course is part of the City of Saint John peer training system, taught primarily using one -one one coaching, the course varies from two to four days, depending upon the entry level skill of the trainee. The trainee is expected to attain industry standard levels of proficiency in a comprehensive suite of skills including; preoperational vehicle inspection, operator maintenance, safe - driving in all conditions, fuel efficiency, and safe and effective operation on the work -site. Transportation of Dangerous Goods — Participants learn about the Transportation of Dangerous Goods Act and become legally certified to transport materials covered by this legislation. Topics include: TDG classifications, packing requirements, TDG symbols, shipping documents, dangerous occurrences. TrenchingSSafetX - Its purpose is to teach safe trenching practices, introduce the dangers of construction excavations, the mechanics of trench cave -ins, potential hazards to workers, requirements under the Occupational Health and Safety Act and protective systems used to avoid trench cave -ins and protect workers. WHMIS (Workplace Hazardous Materials Information System) — A system in Canada that provides information on the safe use of hazardous materials in the workplace. Information is provided by means of product labels, material safety data sheets (MSDS) and worker education programs. Work Zone Safety - The aim of this course is to protect employees from vehicular traffic passing through the City of Saint John street construction sites. It will discuss: control procedures, personal protective equipment, general design instructions, emergency procedures. Appendix N provides a brief summary in tabular form of the various members of staff who attended the aforementioned courses during 2006. PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report Early in 2006, management staff from Saint John Water completed an in -house course on Program Management. 24 Subsequent to the training courses delivered by NBCC -Saint John; as summarized below, in 2006 a number of staff challenged and either achieved certification for the first time or achieved new levels of certification. A number of other certifications are possible as several employee's attempted exams in November 2006, however, the results have not yet been received. PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report 25 Certifications Achieved in 2006 Class I Class II Class I Class II Class I Class I Class II First Name Last name WDl WD' WWC2 WWC2 WT' WWT4 WWT4 HAROLD EATMON 0 PETER FUDGE 0 FRANK HEBERT MIKE KEENAN 0 BEATTY KIERSTEAD JOHN PERRY KEVIN ZED 1 Water Distribution, 2 Wastewater Collection, s Water Treatment, a Wastewater Treatment In addition to the new certifications achieved by staff over the past year, Appendix L provides a summary of all staff certifications achieved to date. Training & Certification Plans Following each condition associated with operator training and certification deficiencies are up -to -date action plans. The action plans are designed to address deficiencies over specified periods of time. Appendix J contains details of the 2007 training and development schedule. Operator Training Plan — Water Treatment Condition 35 /Condition 41 Have all treatment system operators completed the NBCC Water Treatment Operations Fundamentals Program, the California State University's Water Treatment Plant Operation (Volumes I & II) correspondence course or an approved equivalent? Are training and certification requirements met? Below is a plan designed to provide water treatment operators with intermediate training opportunities. James Duke - has completed the fundamentals training Common Intermediate — Completed March, 2006 Water Quality & Water Treatment Intermediate — Course was developed during 2006, with delivery scheduled for Spring 2007 Nick Eleftheriou Common Intermediate — Completed winter 2005 Water Quality & Water Treatment Intermediate — As above PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report Wayne Johnston Common Intermediate — Completed May 10, 2006 Water Quality & Water Treatment Intermediate — As above Wayne Vanbeelan Common Intermediate — Completed March 1, 2006 Water Quality & Water Treatment Intermediate — As above Operator Certification — Water Treatment 26 With respect to certification requirements, as noted below, in each instance the certification level of the operator in charge is equivalent to the system classification. Treatment Operator Name Operator Certification Level System Classification James Duke Water Treatment Level II Level II Nick Eletheriou Water Treatment Level II Level II Wayne Johnston Water Treatment Level II Level II Wayne Vanbeelan Water Treatment Level II Level II It should be noted that for those listed above who have not taken the fundamentals courses, they will not be required to do so as they have already completed Class II certification in Water Treatment System Operator and have begun or are scheduled to begin more advanced intermediate level training. Considering this, Conditions 35 and 41 will be met by fall 2007 provided the courses are offered as scheduled. Operator Training Plan - Water Distribution Condition 351 Condition 36 Have all distribution system operators completed the NBCC Water Distribution Fundamentals Program, the California State University's Water Distribution System Operation and Maintenance correspondence course or an approved equivalent? As identified below, all system operators have not completed the Water Distribution Fundamentals Program or an approved equivalent however the plan below is designed to address this training deficiency. Patrick Hogan Common Intermediate — Completed winter 2005 Water Quality & Water Distribution Intermediate — Course was developed during 2006, with delivery Spring 2007 PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report Joe Marino Common Fundamentals — Completed winter 2005 Common Intermediate — Completed winter 2005 Water Quality & Water Distribution Intermediate — As above Fred McGrath — has completed the fundamentals training Common Intermediate - Completed winter 2005 Water Quality & Water Distribution Intermediate — As above Daniel Melanson — has completed the fundamentals training Common Intermediate — Completed May 10, 2006 Water Quality & Water Distribution Intermediate — As above William Melanson Common Intermediate — Completed winter 2005 Water Quality & Water Distribution Intermediate As above George Payne — has completed the fundamentals training Common Intermediate — Completed May 10, 2006 Water Quality & Water Distribution Intermediate — As above 27 James Pineo — has completed the fundamentals training Common Intermediate — Currently scheduled to begin February, 2007 with completion on May, 2007 Water Quality & Water Distribution Intermediate — As above To summarize the aforementioned training plan, four of the seven Water Distribution/Wastewater Collection Operators have completed the Fundamentals training and six of the seven operators have completed Common Intermediate training. The remaining Operator will attend the training as scheduled. The Water Quality and Distribution Intermediate level training was developed in 2006 and is scheduled in 2007. However, as can be understood, for operational reasons all operators cannot attend the same training sessions. It is therefore projected that the majority, if not all operators will have completed both the Water Quality and Water Distribution Intermediate level courses by June 2007, provided the courses are offered as tentatively planned. Operator Certification Plan - Water Distribution Condition D -391 Condition D -40 Is the certification level of the operator in charge equivalent to the classification of the system? Are the number of operators and certification levels adequate? Considering the classification of drinking water distribution facilities is Class IV it is understood there should be as a minimum a Class III and a Class IV operator. However, PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report NM as identified below, the certification level of the operators in charge are less than the classification of the system. Once training is completed as per the water distribution operator training plan and the number of CEU's (Continuing Education Units) for each operator assessed by the Atlantic Canada Water and Wastewater Voluntary Certification Program (ACWWVCP), some operators should be able to challenge the Class III certification exam. Once successfully completed the Class III certification exam, some operators will then (dependent once again upon the number of CEU's) challenge the Class IV certification exam. Considering the required training and that two certification exams will have to be successfully written, it is hoped that the requirements of Conditions D -39 and D -40 can be met by approximately early 2008. Once again, all plans and schedules are based upon the courses being offered and that the operators are able to meet the CEU requirements. Distribution Present Operator Operator Name Certification Level System Classification Patrick Hogan Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) Joesph Marino Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) Fred McGrath Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) Daniel Melanson Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) William Melanson Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) George Payne Water Distribution Class II Class IV (for WD) (Wastewater Collection Class II) James Pineo Water Distribution Class I Class IV (for WD) (Wastewater Collection Class II) HUMAN RESOURCES Responsible Staff Terrence Totten, F.C.A. City Manager Wayne Johnston Certified Operator I Water Treatment PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report 29 Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Responsible for Saint John Water Eric Giffin, P. Eng. Deputy City Engineer John Clack Manager, Customer Services Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering Peter Hanlon, P. Eng. Chief Water Quality Inspector Brent McGovern, P. Eng. Manager, Water and Wastewater Operations Bob Ross Operations Manager, Distribution/Wastewater Collection Vacant Operations Manager,* Water Resources & Quality Fred McGrath Certified Operator II Water Distribution/Wastewater Collection James Duke Certified Operator II Water Treatment Nick Eleftheriou Certified Operator II Water Treatment Patrick Hogan Certified Operator II Water Distribution/Wastewater Collection Joesph Marino Certified Operator II Water Distribution/Wastewater Collection Daniel Melanson Certified Operator II Water Water & Wastewater Systems Wayne Vanbeelan Certified Operator II Water Treatment William Melanson Certified Operator II Water Distribution/Wastewater Collection George Payne Certified Operator II Water Distribution/Wastewater Collection * position filled 2007101102 by Nicole Taylor, P. Eng. New Hires James Pineo Certified Operator I Water Distribution/Wastewater Collection During 2006, the City of Saint John hired 4 new employees in the water related operations area. PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report Name Status History Mark McDonough Labourer Adam Newman Labourer Jordan MacFarlane Labourer Jennifer Reid Chemical Technician Internal Staffing Changes Date of Hire to City of Saint John Sept 12, 2006 June 15, 2006 June 12, 2006 July 24, 2006 30 In addition the new employees hired during 2006, there were also numerous internal staffing changes which are summarized below. Name Status History Steven Anderson Progressed to Water & Sanitary Maintenance /Repair Specialist from Water & Sanitary Pipelayer /Equipment Operator Kevin Ayles Progressed to Skilled Utility Worker from Labourer Randy Benson Progressed to Water & Sanitary Maintenance /Repair Specialist from Water & Sanitary Pipelayer /Equipment Operator Lawrence Beyea Progressed to Water & Sanitary Maintenance /Repair Specialist from Water & Sanitary Pipelayer /Equipment Operator Stephen Breen Progressed to Water Treatment Maintenance Specialist from Water Treatment Maintenance Assistant Joel Bury Progressed to Water Treatment Maintenance Specialist from Water Treatment Maintenance Assistant Rodrigue Comeau Progressed to Skilled Utility Worker from Labourer Michael Doyle Retired from Dispatcher/Duty Specialist position James Duke Progressed to Certified Operator II Water Treatment, from Certified Operator I Water Treatment Nick Eleftheriou Progressed to Certified Operator II Water Treatment, from Certified Operator I Water Treatment PDF created with pdfFactory trial version www.pdffactory.com 'u, "', �knll a 2006 Annual Water Report 31 Peter Fudge Promoted to Water & Sanitary Pipelayer /Equipment Operator from Skilled Utility Worker Ralph Gilbert Progressed to Certified Operator II Wastewater Treatment from Certified Operator I Wastewater Treatment John Given Progressed to Customer Service Specialist from Dispatcher/Duty Person Leroy Graham Progressed to Water Treatment Maintenance Specialist from Water Treatment Maintenance Assistant Richard Hachey Progressed to Certified Operator II Wastewater Treatment from Certified Operator I Wastewater Treatment Peter Hanlon Made Chief Water Quality Inspector from Manager, Water & Sewerages Services Dale Hayward Progressed to Water Treatment Maintenance Specialist from Water Treatment Maintenance Assistant Frank Hebert Progressed to Certified Operator II Wastewater Treatment from Certified Operator I Wastewater Treatment Patrick Hogan Progressed to Certified Operator II Water Distribution/Wastewater Collection from Certified Operator I Water Distribution/Wastewater Collection Chesley Hynes Progressed to Customer Service Specialist from Dispatcher/Duty Person Stephen Jorgensen Progressed to Wastewater Treatment Maintenance Specialist from Wastewater Treatment Maintenance Assistant Joshua Keenan Progressed to Skilled Utility Worker from Labourer Michael Keenan Progressed to Skilled Utility Worker from Labourer Carl Kemp Progressed to Water & Sanitary Maintenance /Repair Specialist from Water & Sanitary Pipelayer /Equipment Operator Peter Kierstead Progressed to Water Treatment Maintenance Specialist from Water Treatment Maintenance Assistant Patrick Mackin Promoted to Water & Sanitary Pipelayer /Equipment Operator from Skilled Utility Worker PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report 32 Joseph Marino Progressed to Certified Operator II Water Distribution/Wastewater Collection from Certified Operator I Water Distribution/Wastewater Collection Brian Marr Progressed to Skilled Utility Worker from Labourer Scott Maxwell Progressed to Skilled Utility Worker from Labourer Brent McGovern Promoted to Manager, Water & Wastewater Operations from Operations Manager, Water Resources & Quality Fred McGrath Progressed to Certified Operator II Water Distribution/Wastewater Collection from Certified Operator I Harold Sharkey Water Distribution/Wastewater Collection Daniel Melanson Progressed to Certified Operator II Water Joseph Skerry Distribution/Wastewater Collection from Certified Operator I Water Distribution/Wastewater Collection Gary Melanson Promoted to Water & Sanitary Maintenance/Repair Specialist from Water & Sanitary Pipelayer /Equipment Operator William Melanson Progressed to Certified Operator II Water Distribution/Wastewater Collection from Certified Operator I Water Distribution/Wastewater Collection Douglas O'Leary Retired from W &S Heavy Equip Specialist position George Payne Progressed to Certified Operator II Water Distribution/Wastewater Collection from Certified Operator I Water Distribution/Wastewater Collection John Perry Promoted to Water & Sanitary Pipelayer /Equipment Operator from Skilled Utility Worker Robert Ringuette Promoted to Wastewater Treatment Maintenance Assistant from Skilled Utility Worker Harold Sharkey Progressed to Water & Sanitary Heavy Equipment Specialist from Water & Sanitary Heavy Equipment Operator/Worker Joseph Skerry Promoted to Water & Sanitary Pipelayer /Equipment Operator from Skilled Utility Worker Bruce Slovitt Progressed to Certified Operator II Wastewater Treatment from Certified Operator I Wastewater Treatment PDF created with pdfFactory trial version www.pdffactory.com 'U, "', �knll a 2006 Annual Water Report 33 J. Daniel Stone Promoted to Water & Sanitary Pipelayer /Equipment Operator from Skilled Utility Worker Daryl Thompson Progressed to Water & Sanitary Maintenance /Repair Specialist from Water & Sanitary Pipelayer /Equipment Operator Wayne Van Beelen Progressed to Certified Operator II Water Treatment, from Certified Operator I Water Treatment James Ward Progressed to Utility Services Specialist Brian Whelton Progressed to Utility Services Specialist Charles Williams Progressed to Water Treatment Maintenance Specialist from Water Treatment Maintenance Assistant Kevin Zed Progressed to Utility Services Specialist PUBLIC INFORMATION Communications During the 2006 capital construction season communication was regularly provided to citizens by means of weekly construction updates, a few examples of which can be seen in Appendix P. This information, compiled by the City's Communications Officer, was shared with the public by means of the City of Saint John website, through news releases in the local newspaper and by email to large distribution groups. The regular updates provide citizens with information relating to the limits of work, project start date, work to be accomplished, traffic impacts where applicable and projected end date. In addition to regular weekly update notices there was also information regularly sent out during the summer season with respect to water main flushing. This information is advertised regularly in the local newspaper to provide citizens with information relating to when and where the flushing is being carried out, noting that there may be some discoloration of water and providing a contact number for further information. An example of the regular hydrant flushing notice and a unidirectional flushing notice is included in Appendix Q. PDF created with pdfFactory trial version www.pdffactory.com n 'U' "', �k ll a 2006 Annual Water Report 34 Further to the regular public information, there are also instances where media releases or special communications are required from time to time. For example: during a notable water main break, or during capital construction, etc. See Appendix R for a Telegraph Journal article on the water main cleaning and lining program. Customer Service Among the hundreds of customer requests /inquiries received during 2006, a total of 101 were related to pressure problems and water discoloration. Though this would appear to represent a significant increase of 23% over 2005, however, in researching the data this year it was found that previous annual reports had not included data collected at the Saint John Water Environmental Laboratory. The requests received and handled through Customer Services and by the Lab are included in Appendix S and include each civic address complete with a brief description detailing the reason for the job order and any comments relating to the issue. COMMITMENT Safe drinking water for Saint John is vitally important, not just to those of us who live here, but to all who pass through our community — cruise ships often take on large volumes of our water for the use of their passengers. Significant advances continue to be made at Saint John Water. However, much work remains and the City is committed to following through on its long - range plans for system improvement, including full treatment /filtration of all drinking water. Sustained leadership at every level, working with the comm u stakeholders accomplish the essential objectives. PDF created with pdfFactory trial version www.pdffactory.com commitment, vision and strong nity and regulators, will help REPORT TO COMMON COUNCIL M & C 2007 - 24 January 24, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Princess Street — Proposed Reconstruction Schedule BACKGROUND 71r � I The City of Saint john At its December 19, 2006 meeting, Council referred a letter (copy attached) to the City Manager for a report with respect to overall improvement plans for Princess Street. At the Council meeting of December 6, 2004, Uptown Saint John Inc. indicated in their 2005 budget presentation that after Water Street was constructed, the reconstruction of Princess Street should be the next priority for investment in the uptown. They supplied staff with a preliminary design concept that they had completed by a landscape architect. ANALYSIS Staff subsequently met with Uptown Saint John in early January 2005 to discuss a proposed schedule for the reconstruction of Princess Street. At that meeting, staff informed Uptown Saint John that the proposed schedule for reconstruction on Princess Street would fall between 2008 and 2011. This was the preliminary timeline to complete underground water and sewer work as well as the street surface reconstruction on Princess Street between Prince William Street and Crown Street — the entire length of Princess Street. Council approval would be required for a project within the various capital programs each year to successfully complete the projects on Princess Street within the proposed timeline. The authors of the letter, referred to staff at the December 19, 2006 meeting of Common Council, indicated their understanding was that construction work was going to commence in PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 — 24 January 24, 2007 Page 2 2007 and that it was now being delayed until 2008. They were extremely concerned with this perceived change to the construction schedule. As previously stated, reconstruction plans for Princess Street have been planned to commence in 2008 and that has not changed. In a report submitted to Council entitled "Water and Environmental Outcomes Essential for Saint John" dated November 2004, the first year that work was proposed for water and sewer construction on Princess Street was in 2008. Street reconstruction would obviously be scheduled to take place in the same year or later than underground infrastructure was to be replaced. The proposed schedule for reconstruction of Princess Street in its entirety has been reviewed and sequencing for construction in various blocks and sections has been realigned at the request of Uptown Saint John Inc. in early 2005. The existing condition of the majority of blocks on the street is poor and staff can support the proposed schedule for construction sequencing. The proposed schedule for reconstruction is subject to Council approval within the various capital programs each year. Staff will propose the following sequencing of projects within future capital programs beginning in 2008. Current estimates for construction are included. Princess Street — Proposed Reconstruction Schedule YEAR LOCATION DESCRIPTION OTHER CITY SHARE SHARE 2008 Prince William St. to Renew watermain & sanitary sewer, install $225,000 $955,000 Germain St. storm sewer, street reconstruction 2009 Germain St. to Renew watermain & sanitary sewer, install $210,000 $925,000 Charlotte St. storm sewer, street reconstruction 2010 Charlotte St. to Renew watermain & sanitary sewer, install $210,000 $925,000 Sydney St. storm sewer, street reconstruction 2011 Wentworth St. to Renew watermain & sanitary sewer, install 0 $955,000 Crown St. storm sewer, street reconstruction 2012 Sydney St. to Renew watermain & sanitary sewer, install 0 $667,000 Wentworth St. storm sewer, resurfacing FINANCIAL IMPLICATIONS The estimated construction costs are included in the above table for each section proposed on Princess Street. The City share is approximately $1,000,000 each year for the majority of the sections proposed. Other Share represents a possible contribution from other sources to provide underground electrical utilities on the sections of Princess Street between Prince William Street and Sydney Street. Securing the outside funding commitment for underground electrical facilities will be crucial to proceeding with this work; it should not be assumed that the City could add this additional cost to the already major contribution to this one street. PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 — 24 January 24, 2007 Page 3 RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager PDF created with pdfFactory trial version www.pdffactory.com r rsr` 85 Princess Street, BOX 6428 Saint John, N.B. E2L 4R8 Mayor Norm MacFarlane And Common Council City of Saint John City Hall By Hand �} J Your W yip; / FAX (506)- 658 -1201 PHONE (506) -653 -9065 January 23, 2007 It has come to our attention improvements to Princess Street are proposed to be phased over coming years. Attached please find a petition requesting Princess Street improvements dated February 28, 2002 made at that time to City Staff for these long overdue improvements. Hayward & Warwick and its owners have waited patiently, paying property taxes in excess of $600,000 over a 30 year period since the establishment of Uptown Saint John Streetscape and Service Standards. We have participated in the establishment of the Business Improvement Area and subsequently assisted in many of the major initiatives resulting in the current positive appearance of Uptown Saint John. We are discouraged and want to see action on this part of the Uptown before out time is up! ...30 years of waiting is long enough! We recommend the portion of Princess Street from Charlotte street to Germain be given top priority for the following reasons.;\ Renovation would remove unsightly jack poles installed on the north side to permit electrical services installed since 1980 to follow the requirement for routing to pavement level needed to allow underground service wire installation.. Service poles on the south side of the street are also very old and dilapidated. Renovation would service the most addresses and tenants. This portion of Princess Street has far more residents and commercial offices than the rest of the street. Similarly, the tax base is greater in this area than on the rest of the street. Renovation would benefit the major capital improvements currently underway at the Saint John Theatre Princess Street address. 2- This portion of the street has the most commercial addresses Therefor we wish to present this petition at the next available Common Council ;ing,.Vlease have this agenda item included on the agenda. Thank David Contro Uptown Saint John February 28, 2002 PRINCESS STREET IMPROVEMENTS BACKGROUND Uptown Saint John and the City of Saint John have made dramatic improvements to the appearance of the main streets in the Uptown by removing overhead wiring and placing underground, placement of cast iron heritage lamps, realigning curbing, and placing brick. The last major improvements under this program were to Canterbury Street, and Church Street. Since that time the areas adjacent have been active, and are fully rented at street level, with major improvements completed or underway to adjacent properties. Princess Street block from Charlotte Street to Germain Street is in a dilapidated condition, with sidewalk and street surfaces uneven, and cracked in many places, and granite curbing dislocated and almost buried by pavement. Overhead wiring is unattractive, and detracts from the interesting and attractive appearance of the building stock on the street. Two poles have been installed on the North side of Princess street with the only purpose being to carry underground services from new electric entrance installations up to overhead wire level in order to connect to utility poles on the South side of the street. The Princess Street block from Charlotte Street to Germain Street is a largely intact collection of mostly brick structures dating from immediately after the Great Fire of 1887. The character of the buildings is made interesting by the mix of uses originally built for and the current largely intact nature of the facades with few vacant lots. The block is unusual in Uptown Saint John by virtue of the large residential component of the structures. The upper floors of over 1/2 of the buildings were designed for residential use, and all such structures are still in that use. The mix of uses makes the environment valuable to the Uptown. Residential use means local markets for Uptown businesses; residential use means more activity on the street over a longer period, and residential use is a significant benefit to business in the area, as a discouragement to vandalism and crime. The presence of local interested residents means unwanted activity is reported and acted upon before loss or injury results. Currently this block of Princess Street is at a low ebb of economic activity. Although residential occupancy has been maintained, the commercial component of the street is moribund. Most of the commercial space is vacant or has been converted to residential application. The tax base of the street is eroding badly as all recent property trades have been at significant discount from tax assessed value. While the trend is not good there is cause for optimism as the block has many virtues; Proximity to King Street, the major commercial artery of Uptown, to the Imperial Theatre, and to significant government buildings; all within one city block in various directions; 2 Uptown Saint John February 28, 2002 Largely flat street grade and good view to the water in a westerly direction; As before mentioned a largely intact array of interesting brick facade buildings A people friendly scale without large vehicle traffic loads. Approximately 5 years ago the attractiveness of the street was enhanced by locating heritage cast iron light standards. The block has attracted major motion picture location work recently, and is included on popular Uptown heritage tours. Princess street has been identified as the last link in the multi -block uptown improvement plan started in the late 1970's. The need is great and the opportunity there for major return of investment in suitable street improvements. We need a commitment to continuing the urban street improvements to prevent an irreversible loss of this important part of the Uptown. IMMEDIATE PLAN Uptown Saint John will restate the importance of completion of the Princess Street link to the Trinity Royal street improvements, and identify the block from Charlotte Street to Germain as the most beneficial link in terms of economic return possible. The City of Saint John in partnership with Saint John Energy and other overhead utility service users will agree to a cost sharing plan for removing the overhead services and placing underground which attributes a cost equal to the benefit derived by these users to replacement of old services, and the advantage of reduced future maintenance thereof. The City of Saint John will cost the project and include in the next Capital Budget. Cwt *43k'K While motivated by the desire for improvement in commercial activity, and property values, we as an operating business depending on the convenient access of vehicular traffic for both out retail and distribution activities are very concerned about the negative impact of rebuilding to the standard recommended above. We still remember the dislocation caused to our business by the frequent and lengthy interruption of access to our street by the 1992 Charlotte Street water and sewage improvement projects, and the dislocation to Canterbury Street businesses by the inadequate contractor engaged to do the work there. We recommend close attention to adequacy of contractors considered to do the work, and all efforts to minimize business interruptions be made by supervising City of Saint John staff. We also wish to make clear the difference between a minimal resurfacing and curb replacement will not have the desired result to revive the fading economic condition of Uptown Saint John February 28, 2002 the block The additional amounts are cost justified, and the minimal treatment will do little to improve the situation. The street view planes are obstructed by utility poles and wires to buildings, (including a new pole installed in 1995 to carry services installed underground to the street line in front of McKee's in anticipation of underground street service, which was then run up a pole to connect to the street main on the other side of the street). The existence and placement of heritage cast iron poles further persuades for removing overhead services, and the related poles and cross bars and wiring. CONCLUSION In partnership with Saint John Energy and in consultation with Uptown Saint John the City should plan, cost and budget for completion the required improvements to Princess Street between Charlotte, and Germain Street by next year. M N W (�Q z z x O F z COO H w W H C� z C It C January 25, 2007 Mayor Norm McFarlane Members of Common Council 15 Market Square Saint John, NB Your Worship and Councilors, Re: Princess Street Upgrading We are very thankful that funding has been approved for the completion of Water Street and the continuation of Harbour Passage this year. We were hopeful that funding to start Princess Street would also have been in the 2006 budget, however we understand the reality of budget limitations and priorities. At a recent Board meeting of Uptown Saint John Inc. the subject of upgrading Princess Street was brought to our attention again by local business and property owners on the street. Princess Street, and more so the sidewalks along both sides of the street, are in extremely poor physical condition and have been for many years now. Princess Street is at the top of our list of necessary upgrades for the uptown area as it is the only street that hasn't had an upgrade in recent history. In 2003 Uptown Saint John Inc. engaged a consultant to prepare a preliminary streetscaping plan to look at what measures could be taken to improve the condition of the street, similar to what we had done for Water Street some time ago. We are starting to see a desire to reinvest in the properties on this street by new owners and new businesses such as authentic restaurants, offices and the Saint John Theatre Company. Similar to the upgrading of King Street a few years ago, we can expect to see a significant reinvestment in the properties on Princess Street once this work is complete. Reinvestment in City infrastructure such as this helps to instill confidence in the private sector and results in significant investment on their part. We are encouraged that the City's Engineering Department is working towards starting p work on Princess Street in 2008 and look forward to working with them to provide input on design and assist in communications with property owners on this significant project. Sincerely, ck igle President V1 T. 506.633.9797 F. 506.652.3525 www.uptownsj.com 85 Princess St, Saint John, N.B. Canada E2L 1 K5 Common Clerk City of Saint John City Hall By Hand RE PRINCESS STREET UPTOWN IMPROVEMENTS PHONE 800-561 -9444 F AX 888 -658 -1201 February 8, 2007 Hello; Further to the letter sent for the Council meeting of Monday January 29'h we wish to make the enclosed information available to assist council with the consideration of proposed improvements to Princess Street. I understand the matter did not make it on to the floor of the meeting of January 29`h, (and I was locked out at 5 pm due to the conflict of interest deliberations) so I guess I would like to see this in the agenda for the next meeting. I am enclosing 12 copies with attachments for distribution. Please acknowledge receipt of this package by calling 653 -9065 x 104. 7 ''1 SS Princess St, Saint John, N.B. Canada E2L 1K5 Mayor Norm McFarlane And Common Council City Hall By Hand RE PRINCESS STREET UPTOWN IMPROVEMENTS PHONE 800 -561 -9444 F AX 888- 658 -1201 February 8, 2007 Dear Mayor MacFarlane; Further to the letter sent for the Council meeting of Monday January 29`h we wish to make the enclosed information available to assist you with the consideration of proposed improvements to Princess Street. As previously discussed we are advised the Engineering department of the City is making a recommendation to proceed with the Princess Street improvements on a phased program doing the work in 3 years commencing 2008. For purposes of this discussion we have analysed assessment data, and occupancy data to make a case to commence the work on the portion of the street from Germain to Charlotte Street as soon as possible based on higher assessed value, and higher usage. We have obtained assessment information from Mapping department at City Hall with the following results . It should be noted these values include all buildings in the blocks in question whether or not their civic address is on Princess Street. DESCRIPTION ASSESSED VALUE BLOCK FROM SYDNEY TO CHARLOTTE STREET 1 8 Million BLOCK FROM CHARLOTTE TO GERMAIN STREET 31 Million BLOCKS FROM GERMAIN STREET TO PRINCE WILLIAM ST 2.0 Million If all other things are equal these results recommend commencing work on the portion of the street between Charlotte and Germain Street as this portion has total assessed value over two thirds of the next portion considered. We then obtained occupancy data by inquiry and observation with the following results; These results are by reviewing the civic addresses on Princess Steet, {excluding those buildings which do not have entrances on Princess Street. DESCRIPTION BLOCK FROM SYDNEY TO CHARLOTTE STREET BLOCK FROM CHARLOTTE TO GERMAIN STREET BLOCKS FROM GERMAIN STREET TO PRINCE WILLIAM ST COMMERCIAL APARTMENTS PREMISES DWELLINGS 3 29 Dwellings 20 50 Dwellings 5 0 Dwellings These results very clearly recommend commencing the work on the portion of the street from Charlotte street to Germain street as the work completed would benefit far more residents and businesses than either of the other two portions. I attach also copies of the underlying schedules and maps upon which the summary results above are based. SUMMARY We believe the above analysis of assessment value and occupancy is a compelling reason for you to recommend that improvements to Princess Street between Germain Street and Sydney should be completed first in any phased redevelopment plan and those improvements should be commenced as soon as feasible, Thank you, David Hayward is j %eM anj b ° a V � IS weIII!M OOU!Ad 8 n '4S lingaa;ueo ana �I o {1{ c 5 -�s - �w�my uI L c 0 'n a Y' N a ° g 1 c� m c CL A 1 _ 1 -M- bnm .- a V. y 6 r'H � in as ue a '4S lingaa;ueo ana �I o {1{ c 5 -�s - �w�my uI L c 0 'n a Y' N a ° g 1 c� m c CL A 1 _ 1 -M- OCCUPANCY Analysis of Princess Street 218/07 CIVIC NO. DESCRIPTION COMMERCIAL APARTMENTS BLOCK FROM SYDNEY TO CHARLOTTE STREET BR = Bedroom ODD NUMBERS 0 0 127 -147 Parking lots EVEN NUMBERS 128 Freedom Tours 8 x 1BR 130 Brown 2 Storey 2 X 2BR 132 -136 Chinese Restaurant 2 138 3 APT 142 3 APT 148 Dr Charlene McDonough 1 152 -154 2 APT 156 2 APT 158 1 Dwelling 160 6 APT TOTALS 3 29 Dwellings BLOCK FROM CHARLOTTE TO GERMAIN STREET ODD NUMBERS 79 -81 Vacant Under Development 2 4 X 213R 83 -85 Hayward & Warwick 1 87 Parking lot 101 -103 McKees for Keys 1 3 X 2BR 105 -107 QUEEN NAILS 2 5 X 2BR 109 -113 LANTERN HOUSE 12 ROOMS EVEN NUMBERS 74 -76 DR WOWCHUK 4 80 -82 MILADYS 2 5 X 2BR 4 X 1 BR 2 X Bachelor 86 -90 HAROLD PEER 2 6X 1 BR 92 -96 WET INK STUDIO 2 2 X 3 BR 1X2BR 1XIBR 98 Brown 2 Storey 2 x 28R 100 -102 STYLE & TAN 1 3 x 2BR 104 -106 LAUDROMAT 1 2 x 2BR 112 SJ THEATRE COMPANY 1 Vacant Under Development 114 ANGLICAN BOOKROOM 1 TOTALS 20 50 Dwellings BLOCKS FROM GERMAIN STREET TO PRINCE WILLIAM ST ODD NUMBERS 39 -49 SEBASTIONS 1 0 EVEN NUMBERS 46 -54 O'LEARYS 2 0 42 LEMON GRASS- HAPPINEZ 2 0 TOTALS 5 0 Dwellings REPORT TO COMMON COUNCIL M & C 2007 — 23 January 25, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Consultant Services — Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection for 2005 and 2006 PURPOSE 71r � I The City of Saint john The purpose of this report is to update Common Council on the status of the 2006 Consultant Services — Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection and additional costs incurred. BACKGROUND Every two years, the City of Saint John, Municipal Operations and Engineering, calls proposals for engineering inspection and testing services for: Asphalt concrete mix and placement; Portland cement concrete; Soils compaction. In each of these three areas, there are significantly different services required in providing for inspection and testing. Asphalt concrete requires a number of tests on both its physical and chemical properties. Portland cement concrete only requires a physical stress test for which the City does not possess the equipment. Soils compaction testing involves both field and laboratory evaluation for base /subbase aggregate for road construction, retaining wall construction and other projects. PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 — 23 January 25, 2007 Page 2 BACKGROUND (CONT'D) On April 11, 2005, Common Council approved the recommendation of M &C 2005 -107 for the engagement of engineering services: "It is recommended that the proposal of Conquest Engineering Ltd. for engineering services for Consultant Services — Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection for 2005 and 2006 be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. " The proposed cost to complete the work under this proposal call for 2006 from Conquest Engineering Ltd. was $94,649.00 ($85,849.00 for testing and/or inspecting asphalt concrete mixes and $8,800.00 for testing Portland Cement Concrete). ANALYSIS All engineering services under this contract have been completed for 2006. The costs have been finalized and agreed upon between the City and the Consultant as follows: Additional man hours for asphalt concrete laboratory testing and $ 17,270.32 full time field inspection attributed to higher than the estimated asphalt concrete quantities in the Request for Proposals, co- ordination of pre - paving activities with the Contractor, additional time required for aggregate sampling and testing, additional time required for quality assurance for crack sealing of asphalt pavement surfaces as directed by the Engineer, and other related work. 2. Additional costs associated with testing of asphalt concrete due to $ 21,558.25 the total asphalt concrete quantity for subdivisions being higher than the amount estimated in the Request for Proposals. 3. Additional costs associated with follow -up studies, geotechnical $ 13,484.00 investigations and reports for four projects as requested by the City. Total Additional Costs $ 52,312.57 Minus Contingency Allowance -$ 10,000.00 Net Additional Costs $ 42,312.57 PDF created with pdfFactory trial version www.pdffactory.com M & C 2007 — 23 January 25, 2007 Page 3 FINANCIAL IMPLICATIONS The final costs for Conquest Engineering Ltd. to provide engineering services for the project during 2006 are $136,961.57. The difference between the final costs and the original proposal amount is $42,312.57 ($136,961.57 - $94,649.00). The City will be reimbursed $18,057.22 by the Province for providing testing and inspection services for the asphalt concrete resurfacing of Loch Lomond Road, Ocean Westway, and Rothesay Road (two locations) under the Municiapl Designated Highways Grant Program and Provincially Designated Highway Improvement Program.There is adequate funding in the Operating Budget, General Fund and Utility Fund Capital Budgets to cover the additional costs. RECOMMENDATION It is recommended that Common Council approve the additional fee of $42,312.57 from Conquest Engineering Ltd. to provide Consultant Services for the Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection project during 2006 as outlined in this report. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations Terrence L. Totten, F.C.A. City Manager PDF created with pdfFactory trial version www.pdffactory.com Common Clerk's Office Bureau du greffier communal www.saintjohn.ca January 29, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors: P.O. Box /C.P, 1971 Saint John, NB /N. -B, Canada E2L 4L1 Subject: Public Hearing — 150 Westmorland Road At the Council meeting of January 2, 2007, Council approved the scheduling of a Public Hearing for the rezoning application of Tein Kim Hoa. (150 Westmorland Road) for Monday, January 29, 2007. Attached is a letter from Donald F. Cullinan on behalf of the applicant, requesting to withdraw the application for rezoning. If Council agrees to accept this request the following resolution is in order. Recommendation: That Council accept the request of Donald F. Cullinan on behalf of the applicant, to withdraw the application for rezoning and cancel the Public Hearing for the proposed rezoning of150 Westmorland Road. Sincerely, -"-ea J. Patrick Woods Common Clerk Attachment 2007-JAN-23 04:05PM FROM-CULLINAN MOORE - %MIW CULLINAN MOORE 56 Canterbury Street Saint John, N.B. E2L 2C5 January 23, 2007 City of Saint John Planning & Development P.O. Box 1971 Saint John, New Brunswick E2L 4L1 Attention: Sarah Herring Dear Ms. Herring: 6421236 T -795 P. 001 /001 F -707 earrtsters 1Soilel>rors Notaries Re: 150 3Ligtmorland Road. Tel: (506) 642 -1234 Fax: (506) 642-1236 E:maU: cullmre @nbnetnb.ca Our File No: 06.-C- 182 Your File No: BY FAX: 658 -2837 This letter will confirm that the applicant, Tein Kim l Ioa, is withdrawing her zoning application. Thank you for you time. Donald F. Cullinan DFC/arg 05/20/2002 09:57 1 PLANNING AND DEVELOP PAGE 03/04 Application for a Zoning By -law Amendment Demande de ]modification i l'arrW sur le zonage Applicant Related Informations / Renseignements sur to demandeur Name of Appiicam / Nam du damdear r t eA K E k Madnng Address of applic= / Ad&esse posWe du dM ndcur C/o &&4, r Pasta] Cade /Code postal lam- 21— K �- Telephone X=ber / Numft do. tiidphnne Home I Domicile Work I Travail Fax Number I Nam6m de tdldoap = V `l� " 5 (, Nam of Property Ownmr Of dtMwW) / Nona top ptoprlfstairo (si diff rent) "01ehr,. J G-6rkl ;m; d- �O(A'ekG�h�`� rikl Add= I Admw CIn Ck�ivt� a ( S/ ref C5 -� 7 pww Code ! ode pww Property Information I Renseignements sur la proprikk Location / Emplacawnt r 1 Cixlc # WeA044S de voirie Sint / Rea Lot Area I Sapmi$cie du lot -5/� Sbva Frontage / Fagade sur rue Existing Use of Pmpeaty / Ublisadan scmtle de la pwpriltd Gf'1 Q/'��ir S&FY r ` - Municipal Plan land Use Designation -,� ��,Q �IVO �. C, Dddpation. de adUzodon des tam sur lc plan mwicipt A Amendment Requested / Modification demandk Present Zoning / Zomse actuel Q-2 ChvW Zoning w / MaMention da zmage i aoadlor I ou JKText Amerxlment (iv i= pardculars) I Modification duc texte (indiquez les des) 11124/2006 14 :42 506- 633 -9771 CENTURY 21 PAGE 01101 11/22/2006 09:27 366 -633 -9771 CENTURY 21 20014OV -11 U,12PM ��or�- c�a�iHF� ruod� 9�z,2�s JAW awl wrr W �+ . A s voutomd w 4A Is popodom mew goo am 11*00* 0, WOW --Jrp- ohm 'J r r �rbtoo PAGE 62103 i -811 P- 0011"I P -941, a +utr ire pja *a& i ? q** o�. vbme`'p"m"R qAWW'7 �� da« ode dh+rrsw�_ ZAP" dr .moo aa>od de n.v>D>�rm�rr gar WAboil NO d.leprnop ipm atlus� pm*�vWift *awl%tppev+� A4r pmpnlAl daod wlgadd b�► ? mow t04 ttcrt>D� ,fir wrd. �ee�we� � Moe ��s>�al�nd Cl+�aua#s dam d+ 4W S w�MAlao�h+�A"daeINf� Will PROPOSED ZONING BY -LAW AMENDMENT RE: 150 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, January 29, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 150 Westmorland Road, having an area of approximately 320 square metres, also identified as PID No. 00314682, from "R -2" One and Two Family Residential to "B -2" General Business. REASON FOR CHANGE; To permit a take -out restaurant. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 150, CHEMIN WESTMORLAND Avis public est donnd, par la pr6sente, que le conseil communal de The City of Saint John a Fintention d'6tudier la modification suivante de Parr6t6 sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prdvue le lundi 29 janvier 2007 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 320 metres carr6s, situ6e au 150, chemin Westmorland, et identifiee sous le NID 00314682, de zone residentielle — habitations unifamiliales et bifamiliales «R -2» A zone eommerciale generale o B -2 >>. RAISON DE LA MODIFICATION: Pour permettre un comptoir de commander a emporter. Toute personne int6ress6c peut examiner le projet de modification au bureau du greffier communal ou au bureau de Furbanisme et du de'veloppement 'a Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a Fattention du soussign6 A l'h6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 150 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, January 29, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 150 Westmorland Road, having an area of approximately 320 square metres, also identified as PID No. 00314682, from 11R -2" One and Two Family Residential to "B -2" General Business. REASON FOR CHANGE: To permit a take -out restaurant. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment maybe sent to the undersigned at City Hall, J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE V ARRETE SUR LE ZONAGE OBJET: 150, CHEMIN WESTMORLAND Avis public est donn6, par la pr6sente, que le conseil communal de The City of Saint John a Pintention d'6tudier la modification suivante de Farret6 sur le zonage de The City of Saint John, au cours de la r6union ordinaire du conseil prevue le lundi 29 ,janvier 2007 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 320 metres carr6s, situ6e au 150, chemin Westmorland, et identifiee sous le NID 00314683, de zone r6sidentielle — habitations unifamiliales et bifamiliales <<R -2» a zone commerciale g6nirale << B -2 o. RAISON DE LA MODIFICATION: Pour permettre un comptoir de commandes a emporter. Toute personne int&ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du d6veloppement a 1'h6te1 de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du iundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a 1'attention du soussigne a 116tel de ville, J. Patrick Woods, Greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bad et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, January 2, 2007 Tuesday, January 23, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Public Notice Sub- Headline Text: Call to Action: J. Patrick Wo Contact: INSERT ATTACHED Common Clerk/Greffier communal Telephone: (506) 658 -2862 BY -LAW NUMBER C.P.110- 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 nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 150 Westmorland Road, having an area of approximately 320 square metres, also identified as PID number 00314682, from "R -2" One and Two Family Residential to "B -2" General Business - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/Maire ARRETE No C.P. 110 - ARRETE MODDIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete cc qui suit: Uarrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe < <A>>, Plan de zonage de The City of Saint John, permettant de modifier Ia designation pour une parcelle de terrain d'une superficie approximative de 320 metres carr6s, situee au 150, chemin Westmorland, et identifiee sous le NID 00314682, de zone rdsidentielle — habitations unifamiliales et bifamiliales «R -2» a zone commerciale generale <(B-2 >>. - toutes les modifications sont indiquees sur le plan ci joint et font partie du pr6sent arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6te le 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture January 9, 2007 157 Westmorland Rd. Saint John, NB E2J 2E5 Mayor Norman McFarlane Dep. Mayor Michelle Hooton Councillors: Jay -Young Chang Stephen Chase Ivan Court Bill Forren John P. Fergurson Peter McGuire Glen Tait Christopher Titus Carl A. White c/o J. Patrick Woods Common Clerk City of Saint John Re: Proposed rezoning of 150 Westmorland Rd. from "R -2" one and two Family Residential to "B -2" General Business Dear Mr. McFarlane, Deputy Mayor Hooten & Councillors: First of all I would like to commend you for your decision to close Northumberland Avenue to through traffic between Westmorland Rd. And Rothesay Avenue. This decision has made this area much safer for pedestrians and for people driving vehicles. We trust that you will use the same good judgement when examining the proposal to put a "take- out restaurant" at 154 Westmorland R. A "take -out restaurant' ' at this location would be a poor fit with the well -kept residential homes and the much appreciated "green - space "of Fernhill Cemetery. While we do tolerate the increase in traffic during the day resulting from expanded business at the McAllister, Consumer Drive portion of Westmorland Rd, our neighborhood is usually quiet in the evening after the mall has closed. A "take -out restaurant" would have to operate after mall hours in order to survive. This would rob us of our last parcel of tranquility. "Take -out restaurant" should not be positioned in the middle of a residential area. -z- It has been stated at council meetings that citizens need to make sacrifices for business. I do believe we in this area have made considerable sacrifices and we are not prepared to make any further sacrifices. Put the "take -out business" where it will be welcomed. It will not be welcomed in our neighborhood. Yours respectfully, Elizabeth Brideau Asbridge Bill Asbridge Page 1 of 1 Gormley, Elizabeth From: Susan Quinn [susan.quinn @rocmaura.com] Sent: 2007, January, 25 11:51 AM To: Gormley, Elizabeth Subject: objection to rezoning I live at 179 Westmorland Road and feel that the proposed rezoning at 150 Westmorland Road for a fast food take out is a poor idea. This is because of the insidious rise in traffic volume related to new construction and the feeling of a bottle neck that has been created on Westmorland Road due to recent changes in the traffic pattern; ie road closures. Thank you for considering my objection. Susan Quinn Susan Quinn, MN Executive Director Rocmaura Inc. susan,quinn @rocmaura.com 2007 -01 -25 February 8, 2007 Common Council of The City of Saint John Your Worship and Councillors: Re: Item #11.3 — Common Council Meeting of January 29, 2007 At the Common Council meeting held January 29, 2007 you asked me to "determine if Council, as the Pension Plan sponsor, can force mediation in the Pension Board action against Councillor Ferguson. " I have reviewed statutes giving various authorities to the Municipality, The City of Saint John Pension Act, and the fundamentals governing the principles of the mediation process. From that review, I am of the opinion that the mediation must, in this instance, be a voluntary process between the two parties involved in the action. That the City of Saint John is the Pension Plan's sponsor does not give any ability to the City to insist upon mediation. Respectfully Submitted, Lynda D. Farrell Solicitor PDF created with pdfFactory trial version www.pdffactory.com 13( a www.saintjohn.ca January 29, 2007 Deputy Mayor Hooton and Councillors P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 Re: Nominating Committee Report - Appointments Common Council, having met in Committee of the Whole on January 29, 2007, makes the following recommendations: That Dwight Allaby and Shelley Courser be re- appointed to the Saint John Parking Commission for terms of three years ending February 12, 2010, and Councillor Tait be appointed until the end of his term as Councillor. That Dwight Allaby and Shelley Courser be appointed to the Saint John Transit Commission for terms of three years ending February 12, 2010. That Ronald Hutton be re- appointed to the Saint John Harbour Bridge Authority for a three year term ending February 12, 2010. That Maryanne Lewell and Jason Alcorn be appointed to the Saint John Free Public Library for terms of three years ending December 31, 2009. That Mayor McFarlane and Deputy Mayor Hooton be appointed to the Saint John Youth Cabinet as Council Liaisons until the remainder of their terms on Council. That Da id Emerson, Cathie Hurley and Art Comeau be appointed to the Recreation Impl tation Committee for three year terms ending February 12, 2010. �ti Respectfull submitted, Mayor Norm McFarlane Chairman � 'I Saint John Parking Commission Commission sur le stationnement de Saint John January 25, 2007 His Worship Mayor Norm MacFarlane and Members of Common Council 8th Floor, City Hall Saint John, N.B. Your Worship and Members of Common Council: 11th Floor, City Hall, 11ieme Etage, H6tel de Ville P.Q. Box 1971 / C.P. 1971 Saint John, N.B. /N. -B. E2L 41_1 Tel / Tel: (506) 658 -2897 Fax/ Telecopieur: (506) 649 -7938 E-mail/ Courriel: parking @saintjohn.ca Re: Residential Street Parking on Southern Peninsula We have received the Common Council Motion of January 15, 2007 and we are collecting the required information to prepare a report for Common Council. Yours Smith Manager www.saintjohn.ca February 5, 2007 His Your Mayor Norm McFarlane And Members of Common Council Your Worship and Councillors: Re: Noise By -law Amendments The By -law Review Committee wishes to update Council with an over -view of procedural and structural improvements already made which have had a positive impact on the administration of bylaw enforcement duties which have traditionally been part of the police mandate. BACKGROUND Working with the City's Bylaw Review Committee, the Saint John Police Force sought administrative and structural improvements to specific by -laws with which the Force was charged with enforcing. With the imposing stack of existing by -laws in place, the committee selected the 5 most troublesome by -laws to start the process. We then placed them in order of public complaint. Noise was by far the most pressing issue. Research by the Bylaw Review Committee showed that the City did indeed have authority to amend existing bylaws to address these matters. Bylaw M -22: Respecting the Prevention of Excessive Noise It was the experience of members of the Force's Patrol Services Division that frequent noise complaints (music, parties, etc), repeatedly received from specific locations were not dealt with in an informed fashion. The existing Noise By -law had not resulted in any active prosecutions in the past decade and members reported finding the existing regulation cumbersome and confrontational. • Through the Community Consultative Process two main types of `nuisance noise' were identified; (1) residential - commercial property noise (music / parties / etc), and (2) motor vehicle noise (mufflers). • The Bylaw Review Committee has determined that the issue of motor vehicle noise lies under the legislative jurisdiction of the Province. Accordingly, requests have been made to address the outstanding issues with the appropriate provincial departments; these discussions are on- going. As Council is aware, with respect to residential - commercial property noise, significant structural changes were identified and the amended bylaw was given third reading on April 24, 2006. Changes included a significant increase in fines and the removal of a requirement for two separate complaints previously having been required to bring forth a noise complaint. • The Police Force again was asked to utilize the existing authority to issue violations on the spot (`tickets') for violations of the Noise Bylaw, and the City Solicitor was encouraged to request allowable probationary conditions when deemed appropriate. Update: Noise Bylaw Since the amendments made to Bylaw M -22 earlier this year, there have been three separate cases that have been investigated by the Police Force; two residential and one commercial. PDF created with pdfFactory trial version www.r)dffactory.com Both residential cases were supported by strong evidence and resulted in convictions under the Noise Bylaw; fines and probation orders have been applied. In one case the problems have since ceased; the second has recently resulted in a charge of Probation Violation, which illustrates the importance of utilizing that specific authority under the POPAct. Since the laying of the probation charge in late October, that problem has now also ceased. In the case of the commercial property complaint, an extensive investigation by the Police Force did not produce evidence that would be likely to produce a conviction under the bylaw. In that case, the commercial property complied with the demands of an official warning issued to the owners. The Patrol Services Division feels that the provisions of the amended Noise Bylaw are now much more applicable to the situations with which they must deal. Officers are now able to advise property owners and tenants of the risk of substantial fine and probation restrictions. In the event of non - compliance and a continuation of the offence, officers are able to issue a POPA violation on the spot, illustrative of timely and effective enforcement. Respectively Submitted, Received by e -mail Deputy Mayor Michelle Hooton Chair, By -law Review Committee PDF created with pdfFactory trial version www.r)dffactory.com Minister of Canadian Heritage Ministre du Patrimoine canadien and Status of Women et de la Condition feminine Ottawa, Canada K1A OM5 Mr. J. Patrick Woods Common Clerk The City of Saint John Post Office Box 1971 Saint John, New Brunswick E2L 4L 1 Dear Mr. Woods: JAN 1 12007 Thank you for your correspondence of December 12, 2006, regarding the development of a museum policy and federal funding for Canadian museums. I appreciate your advising me of the views of the City of Saint John Common Council on this matter. Canada's museums play an invaluable role in educating Canadians about our nation's rich heritage through their conservation and preservation activities. I have met with representatives of the Canadian Museums Association and my provincial /territorial counterparts to discuss priorities. Please be assured that the Government of Canada is committed to developing a museum policy that will better address today's challenges and realities. I trust that this information is useful. Please accept my best wishes. Yours sincerely, Bev Oda, P.C., M.P. Canada INFORMATION OF COUNCIL January 29, 2007 HIS WORHSHIP NORM MCFARLANE AND MEMBERS OF COMMON COUNCIL BACKGROUND The City of Saint John will commence the staffing process for holiday relief firefighters in February 2007. Based on experience from the last selection process in 2002, we anticipate receiving a significant number of applications for this competition. The selection process for this competition will be extensive, and thorough. ANALYSIS Due to the discontinuation of the Province of New Brunswick's Journeyman Apprentice Firefighter Program applicants must have successfully completed predetermined pre- employment training. This requirement is consistent with various selection processes throughout Canada including Moncton, Fredericton and Halifax. Applicants must possess training that includes: Firefighter Level I and Firefighter Level II Hazardous Materials for First Responders Operator level Medical First Responder Automated External Defibrillator Certification The Nova Scotia Firefighter School, Holland College and Marine Institute as well as other training institutions across Canada offer 22 week programs that include this training. Completion of these programs ensures that applicants meet the pre - requisites and demonstrates a commitment to a career in firefighting. These are minimum requirements; additional training and orientation will be provided to successful candidates. Establishing these essential requirements will: Replace the Firefighter aptitude tests as previously administered Streamline the application/screening process Reduce administrative costs Ensure consistency with other municipalities Yield better qualified candidates Recruitment for holiday relief firefighters will begin with posting job opportunities at various Firefighting schools in Atlantic Canada, City of Saint John Website, CareerBeacon and the Telegraph Journal. This applied focus will service to target qualified candidates. Our ability to secure qualified candidates greatly reduces the training cost to the Fire Service and enables them to deploy their training resources elsewhere. INFORMATION OF COUNCIL Atlantic Canada Firefighter schools have offered to post job ads in the following ways: • Local bulletin boards • Job banks • Email alerts • Direct mailings to past and present students INPUT FROM OTHERS The applicants, the public, special interest groups, the union and often the media closely monitor this selection process. This is not peculiar to the City of Saint John and a number of complaints to Human Rights Commissions throughout Canada have been filed. For this reason, input for the Saint John Fire Department's recruitment and selection process was obtained from the following Municipalities and accredited schools: • City of Calgary • City of Fredericton • City of Halifax • City of Moncton • Conestoga College Institute of Technology & Advanced Learning • Holland College • Marine Institute • Nova Scotia Firefighters School Terrence Totten City Manager February 9, 2007 Your Worship and Councillors: SUBJECT: Proposed Amendment to the Zoning By -law The Planning Advisory Committee considered the attached report at its February 6, 2007 meeting. The report was not circulated to affected developers and consequently no one addressed the Committee either in support of, or in opposition to, the contents of the report. No other presentations concerning this matter were made. After considering the report the Committee adopted the recommendation contained therein. It is anticipated that a public hearing could be scheduled for March 26, 2007. In accordance with past practice and our rules of procedure, the Committee will provide notice that it would like to hear the views of developers, builders and residents affected by the proposed changes. A further report will then be submitted to Council prior to the public hearing. RECOMMENDATION: That Common Council schedule a public hearing to consider the following proposed amendments to the Zoning By -law: 1. Amending Section 150(2)(g) by increasing the maximum permitted height in an "RSS" One Family Serviced Suburban Residential zone from 9 metres to 11 metres. 2. Amending Section 150(2)(g) by adding the following: the maximum height may be increased to 13 metres, if the side yards are increased in amounts equal to the height over 11 metres. 3. Amending Section 20 by replacing the definitions of "grade" with the following: "grade" means the finished level of the ground at the exterior walls of a building or structure, excluding localised depressions such as vehicle or pedestrian entrances; (niveau du soo Respectfully submitted, Stephen Horgan Chairman PDF created with pdfFactory trial version www.pdffactory.com DATE: FEBRUARY 2, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 6, 2007 SUBJECT: Name of Applicant: Patrick Foran Planning Officer City of Saint John Proposal: To amend the provisions regulating the maximum permitted height of a main building in the "RSS" One Family Serviced Suburban Residential zone Type of Application: Amendment to the Zoning By -law JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Zoning By -law amendments. STAFF RECOMMENDATION TO COMMITTEE: That Common Council schedule a public hearing to consider the following proposed amendments to the Zoning By -law: 1. Amending Section 150(2)(g) by increasing the maximum permitted height in an "RSS" One Family Serviced Suburban Residential zone from 9 metres to 11 metres. PDF created with pdfFactory trial version www.pdffactory.com City of Saint John Proposed Zoning By -law Amendment Page 2 February 2, 2007 2. Amending Section 150(2)(g) by adding the following: the maximum height may be increased to 13 metres, if the side yards are increased in amounts equal to the height over 11 metres. 3. Amending Section 20 by replacing the definitions of "grade" with the following: "grade" means the finished level of the ground at the exterior walls of a building or structure, excluding localised depression such as vehicle or pedestrian entrances; (niveau du soo BACKGROUND: Between January of 2004 and January of 2007 approximately thirty -two building permits for new single - family dwellings were applied for in the latest phase of the Cedar Point - Anchorage subdivision (along and to the west of Leeward Lane). Over this three -year period, the Planning Advisory Committee has reviewed seven variance applications in this area to increase the maximum permitted height of a main building beyond the 9 metres (29.5 feet) prescribed in the Zoning By -law. In each of these instances, the Committee, in concurrence with the staff recommendation, granted the requested variances. ANALYSIS: Purpose of Report The purpose of this report is to determine if there are appropriate changes to the Zoning By -law that would reduce the number of height - related variances in the "RSS" One Family Serviced Suburban Residential zone without allowing future development to be incompatible with surrounding neighbourhoods. Applicability There are three areas of the City currently zoned "RSS ": Cedar Point - Anchorage, Drury Cove, and the Monte Cristo Subdivision. Two of these areas, Cedar Point - Anchorage and Drury Cove, contain executive -style housing, often characterized by higher pitched roofs and walk -out basements taking advantage of the sloping topography of these areas. As outlined in the previous staff reports presented to the Committee, both of these architectural elements are in keeping with the character of their surrounding neighbourhoods however they frequently necessitate variances in order to be approved. PDF created with pdfFactory trial version www.pdffactory.com City of Saint John Proposed Zoning By -law Amendment Context of the Height Provisions Page 3 February 2, 2007 The Municipal Plan identifies several suburban residential environments, such as Lakewood, Forest Hills, Champlain Heights, and Millidgeville, amongst others. These areas, outside of the central urban neighbourhoods, are "...considered low density and offer primarily modern one and two family detached housing with larger yards... ". Corresponding to these areas, the Zoning By -law contains a range of zones regulating suburban residential development. The main characteristic that differentiates the various suburban residential zones is the density of development permitted; that is lot size (particularly lot width), setbacks (particularly side yards) and building height. In general, smaller minimum lot sizes and reduced side yard setbacks (i.e., higher density) are permitted closer to the City centre in fully serviced areas. Conversely, larger minimum lot sizes and greater side yard setbacks (i.e., lower density) are permitted further from the urban core where there are reduced servicing standards. The provisions regarding the maximum permitted height of buildings however are not as consistent as those regarding the other two aspects. The table below compares the provisions regulating lot width, side yard setbacks and building height within the various single - family residential zones: Zone Min. Lot Width I • • I • R -lA / R -113 Zones 15 -21 metres 1.5 -3 metres 9 -11 metres* RS -2 (Serviced) 22 metres 3.3 -4.5 metres 9 -11 metres ** RSS 30 metres 4.5 metres 9 metres RS -1 / RS -2 (Unserviced) 54 -60 metres 4.5 metres 9 -11 metres ** RR 60 metres 10 metres 10 metres It appears that the intent of the zoning provisions is to allow suburban residential buildings of similar heights while regulating density by gradually increasing the minimum required lot widths and side yard setbacks. However, the standards relating to building height are not consistent. For example, in an "R -1B" zone, an 11 -metre high building could be placed on a 15 metre wide lot as long as 3.5 metre side yards are provided. However, in an "RSS" zone, a 30 metre -wide lot (twice the width of that in an "R -1B" zone) with larger side yards would only permit a maximum building height 9 metres. There is no rationale to limit the building height to 9 metres in the "RSS" zone given that other factors provide for a lower density. It is therefore recommended that the maximum permitted height in the "RSS" zone be increased to 11 metres. This would have eliminated the need for three of the seven height variances granted in Cedar Point - Anchorage in the past three years. * The maximum height maybe increased to 11 metres if the side or front yards are increased in amounts equal to the height over 9 metres. ** The maximum height may be increased to 11 metres if minimum side yards of 9 metres are provided. PDF created with pdfFactory trial version www.pdffactory.com City of Saint John Page 4 Proposed Zoning By -law Amendment February 2, 2007 Increased Side Yards As indicated in the table above, other single - family residential zones contain a provision allowing the building height to be increased beyond the maximum up to a specified limit if increased yards are provided. The R- IA and R- 113 zones follow a 1:1 ratio; every metre above the maximum height requires a corresponding increase in the side or front yards. It is recommended that a similar provision be adopted for the "RSS" zone. Assuming, as recommended earlier in this report, that the new maximum building height were increased to 11 metres, this height could be increased to 13 metres' if the side yards are increased an equal amount. This differs slightly from the R -IA and R -1B provisions because it does not allow the height to be increased by providing a larger front yard setback. The reason for this is twofold: 1) since the rear elevation is typically the tallest, setting a proposed building further back from the street would bring it closer to the rear property line, potentially creating a more imposing structure for the landowner abutting the rear of the subject property, and 2) increasing the front yard setback does not increase the separation from dwellings on adjacent lots. Having such a provision would have eliminated the need for two more of the height variances approved by the Committee. The remaining two applications included attached garages that, because they were below the street elevation, were oriented towards the side lot line to prevent water from draining into them. In order to accommodate the manoeuvring aisle necessary to access the garages, the dwellings were located as close as possible to the opposite side lot line. Therefore increasing the side yard setback in these instances was not possible. Standards of Other Municipalities Part of the analysis involved a review of the height provisions of other municipalities, specifically the cities of Moncton and Fredericton, especially as it relates to their definitions. In order to provide a more accurate height comparison, the other municipalities' by -laws were searched for zones with similar standards to the City's "RSS" zone (similar lot dimensions, yard requirements, etc.). Although no similar zones were found, the maximum permitted height in low density residential areas ranged from 9 metres in Fredericton to 9 -11 metres in Moncton. However, as will be explored later in this report, the definition of height varies amongst the municipalities. Given the similarity of housing style between Cedar Point - Anchorage and parts of neighbouring Rothesay, it was decided to examine their By -law as well. Two comparable zones were found, their "R -IA" Single - Family Residential — Large Serviced Zone and "R -1B" Single - Family Residential — Standard Zone. The table below outlines the standards of the City' "RSS" zone compared to these two designations: ' A value of 13 metres was chosen to reflect the largest height variance the Committee dealt with for this area, 12.2 metres. PDF created with pdfFactory trial version www.pdffactory.com City of Saint John Page 5 Proposed Zoning By -law Amendment February 2, 2007 As illustrated in the table above, the current "RSS" height restriction is in keeping with similar zones in Rothesay2. Therefore increasing the maximum permitted height to 11 metres would not be out of context with this type of housing. Height & Grade Definitions Two definitions in the Zoning By -law relate specifically to determining building height: height and grade. The definition for grade contained in the City's Zoning By -law ( "the finished level of the ground at the exterior walls of a building or structure ") is comparable to other municipalities with one significant difference: the City of Fredericton's by -law, as well as the definition in the National Building Code, make an allowance to exclude localised depressions such as vehicle or pedestrian entrances from consideration. It is recommended that this exception be added to the definition of "grade" to allow staff to more accurately calculate a building's true height. The definition of height was not found to be consistent among the municipalities. While all three municipalities use the average grade as a starting point, Moncton's by -law provides that the vertical distance is only measured up to the underside of the eaves3; Fredericton's by -law stipulates that the measurement is to a point halfway up the roof (in the case of pitched roofs), while the City's measured to the highest point on the building4. Given Saint John's topography and the potential impact on view - planes and neighbourhood consistency, altering the height definition, which is applicable in every zone, without a more detailed analysis of the maximum height restrictions in all zones is not recommended. Since the maximum permitted height only appears to be a re- occurring issue in the Cedar Point - Anchorage and Drury Cove areas, any By -law changes should be focused on the specific standards regulating development in the "RSS" zone There has also been discussion about modifying the height definition to account for differences in grade, such as measuring the building height at the front (street) elevation exclusively. While this 2 Although their By -law does not define building height, their Building Inspector has advised that they use the same method as the City. 3 In most residential zones the maximum permitted height is either 9 or 11 metres, similar to Saint John, however the height of the roof above the eaves is ignored, unlike the City. 4 Architectural elements such as spires, belfries, cupolas, antennas, mechanical penthouses, etc. are excluded from these calculations in both the City's and Fredericton's by -laws. PDF created with pdfFactory trial version www.pdffactory.com City's "RSS" zone .o , .o Min. Lot Area 1,400 s .m. 1,350 s .m. 2,000 s m. Min. Lot Width 30 metres 30 metres 45 metres Min. Side Yard 4.5 metres 4 metres (minor side) 5 metres (minor side) 5 metres (major side) 6 metres (major side) Max. Height 9 metres 9 metres 11 metres As illustrated in the table above, the current "RSS" height restriction is in keeping with similar zones in Rothesay2. Therefore increasing the maximum permitted height to 11 metres would not be out of context with this type of housing. Height & Grade Definitions Two definitions in the Zoning By -law relate specifically to determining building height: height and grade. The definition for grade contained in the City's Zoning By -law ( "the finished level of the ground at the exterior walls of a building or structure ") is comparable to other municipalities with one significant difference: the City of Fredericton's by -law, as well as the definition in the National Building Code, make an allowance to exclude localised depressions such as vehicle or pedestrian entrances from consideration. It is recommended that this exception be added to the definition of "grade" to allow staff to more accurately calculate a building's true height. The definition of height was not found to be consistent among the municipalities. While all three municipalities use the average grade as a starting point, Moncton's by -law provides that the vertical distance is only measured up to the underside of the eaves3; Fredericton's by -law stipulates that the measurement is to a point halfway up the roof (in the case of pitched roofs), while the City's measured to the highest point on the building4. Given Saint John's topography and the potential impact on view - planes and neighbourhood consistency, altering the height definition, which is applicable in every zone, without a more detailed analysis of the maximum height restrictions in all zones is not recommended. Since the maximum permitted height only appears to be a re- occurring issue in the Cedar Point - Anchorage and Drury Cove areas, any By -law changes should be focused on the specific standards regulating development in the "RSS" zone There has also been discussion about modifying the height definition to account for differences in grade, such as measuring the building height at the front (street) elevation exclusively. While this 2 Although their By -law does not define building height, their Building Inspector has advised that they use the same method as the City. 3 In most residential zones the maximum permitted height is either 9 or 11 metres, similar to Saint John, however the height of the roof above the eaves is ignored, unlike the City. 4 Architectural elements such as spires, belfries, cupolas, antennas, mechanical penthouses, etc. are excluded from these calculations in both the City's and Fredericton's by -laws. PDF created with pdfFactory trial version www.pdffactory.com City of Saint John Page 6 Proposed Zoning By -law Amendment February 2, 2007 would eliminate the need for some variances, specifically those caused by walk -out basements, it would not address those instances where the height is increased because of a higher pitched roof. In addition, such modifications would either need to be more comprehensive to include a greater variety of situations where the grade is not consistent, resulting in a cumbersome definition, or would simply not address a significant number of instances as to address the problem at hand. Consequently, it is not recommended that the definition of building height be amended. CONCLUSION: After examining the range of suburban residential zones in the City, there is evidence to suggest that increasing the maximum permitted building height in the "RSS" One Family Serviced Suburban Residential zone to 11 metres would significantly reduce the number of height related variances without noticeably affecting the character of the existing neighbourhoods. The number of requested variances can further be reduced be incorporating a degree of flexibility into the By -law by implementing a sliding scale whereby the maximum height can be increased by enlarging the side yard setbacks, as is the case in other low density residential zones. A comparison of the height - related standards in the City's Zoning By -law with those of other municipalities does indicate some differences in how height is calculated. However, the only parts of the City where a large number of height variances are requested are the areas zoned "RSS ". Therefore the issue seems to be not with the definition or method of calculation but with the numerical standard applied in that zone. Although minor changes can be made to the "grade" definition (to allow for localised depressions), the scope of the problem, and consequently of this report, focuses on addressing the height requirements of the "RSS" One Family Serviced Suburban Residential zone. While there may be some merit in changing the height definition, which is applicable in every zone, caution must be exercised that in doing so the modifications do not permit inappropriate height standards elsewhere. If substantial changes are to be made to the height definition, a more widespread analysis of the height requirements throughout the City should be undertaken. The analysis undertaken appears to indicate that amendments can be made to the Zoning By -law, as outlined in the Staff Recommendation, which would reduce the frequency of requests for height variances in the "RSS" zone without allowing future development that would be incompatible with surrounding neighbourhoods. PUBLIC CONSULTATION: PDF created with pdfFactory trial version www.r)dffactory.com City of Saint John Proposed Zoning By -law Amendment Page 7 February 2, 2007 It is recommended that Common Council schedule a public hearing to consider the proposed changes and to provide property owners and developers in the affected areas an opportunity to voice their concerns. In accordance with past practice and our rules of procedure, the Planning Advisory Committee will also provide notice that it would like to hear the views of developers, builders and residents affected by the proposed changes. PF PDF created with pdfFactory trial version www.pdffactory.com February 7, 2007 Your Worship and Councillors: SUBJECT: Desmond Subdivision - 2797 Loch Lomond Road The Planning Advisory Committee considered the attached report at its February 6, 2007 meeting. Mr. Gerald Roberts of Kierstead, Quigley and Roberts, appeared in support of the subdivision application, and requested that a change in the location of the initial land for public purposes dedication be made. He suggested that a 5,500 square metre parcel of land adjacent to proposed lot 07 -104 (rather than the originally proposed parcel adjacent to lot 07 -89) be dedicated in conjunction with the first 15 building lots to provide an immediate connection with the adjacent land for public purposes. After considering the attached report and the requested amendment, the Planning Advisory Committee adopted the recommendation set out below: RECOMMENDATION: 1. That Common Council assent to one or more subdivision plans for the initial 15 lots of this subdivision development illustrated on the attached, amended plan entitled Bally Desmond Subdivision — Phase 1, Kierstead, Quigley and Roberts Ltd. and dated February 6, 2007 and to any required municipal easements. 2. That Common Council assent to the proposed Land for Public Purposes dedication (as shown on the attached, amended plan) having an approximate area of 5,500 square metres (1.4 acres). 3. That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required work, including detailed drainage plans for the approval of the Chief City Engineer. Respectfully submitted, Stephen Horgan Chairman SKH - Attachments Project No. 07 -022 PDF created with pdfFactory trial version www.r)dffactory.com DATE: FEBRUARY 2, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 6, 2007 Sarah Herring Planner SUBJECT: Name of Applicant: Kierstead, Quigley and Roberts Ltd. Name of Owner: A. J. Mallette & Sons Ltd. Location: 2797 Loch Lomond Road PID: 326223 (portion thereof) Municipal Plan: Unserviced Residential Zoning: "RS -1" One and Two Family Suburban Residential Proposal: To create 15 unserviced building lots and dedicate a parcel of land for public purposes as the first phase of a larger subdivision development. Type of Application: Subdivision. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council regarding subdivision developments, including the assent to land for public purposes and City/Developer subdivision agreements. PDF created with pdfFactory trial version www.pdffactory.com Kierstead, Quigley and Roberts Ltd. Page 2 2797 Loch Lomond Road February 2, 2007 STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans for the initial 15 lots of this subdivision development illustrated on the attached plan entitled Bally Desmond Subdivision — Phase 1, Kierstead, Quigley and Roberts Ltd., dated January 2, 2007, and to any required municipal easements. 2. That Common Council assent to the proposed Land for Public Purposes dedication having an approximate area of 5500 square metres (1.4 acres). 3. That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required work, including detailed drainage plans for the approval of the City Engineer. BACKGROUND: In May 1973 approval was given to create two lots fronting on Loch Lomond Road from the parent parcel at 2797 Loch Lomond Road. In June 1973 approval for the creation of an additional four lots from the same parent parcel was given. The Planning Advisory Committee refused to approve the subdivision of an additional two requested lots as the subject sites were located in an area designated as a Stage 2 Development Area under the Municipal Plan. At that time, Section 9.1.2.2(b)(ii) of the Municipal Plan provided that subdivisions may only be permitted in those areas that can be provided with services by the extension of existing trunk facilities. As this was not the case for the Desmond land, the Planning Advisory Committee granted the applicant a variance to permit the subdivision of a total of six lots, a limit set by the Committee for unserviced subdivisions in that area. Mr. Desmond appealed the Committee's decision in January 1974 but his appeal was dismissed. In March 1983 the Planning Advisory Committee granted a variance to permit the subdivision of an additional two lots along Loch Lomond Road subject to Department of Health approval of the necessary on -site water and sewage disposal systems and Common Council approval of cash -in -lieu of land for public purposes. Approval from the Department of Health was received later than month and Common Council approved a cash -in -lieu dedication of $258.00 in April 1983. In 1989, the Municipal Plan was amended changing the designation of this area of the City from Stage 2 to Unstaged to recognize that municipal services would not be extended at any point in the future. Following this amendment the limit on the maximum number of unserviced lots permitted to be developed was lifted on the understanding that the unserviced nature of these lots would be permanent. PDF created with pdfFactory trial version www.pdffactory.com Kierstead, Quigley and Roberts Ltd. Page 3 2797 Loch Lomond Road February 2, 2007 INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objections to the proposed subdivision. The Hillcrest Road has open ditches which spill water to various undefined watercourses. The detailed engineering plans must address the disposal of storm water from the lots and the street ditches where it crosses this land. Open drainage ditches may be on City -owned land; piped systems may be on easements. The layout of the subdivision as a whole should be designed to eliminate the long, straight streets as these encourage high speeds. Real Estate Services has noted that land for public purposes is not required in that area and that cash -in -lieu of the dedication would be preferred. Leisure Services has noted that the proposed land for public purposes site might be appropriate for a hiking or walking trail, but that lands appears to be rocky and steeply sloped. Development for active recreation such as a playground would be costly. Cash -in -lieu would be preferred to satisfy the UP requirements. Saint John Energy advises that they have overhead facilities in the area. An extension of facilities may be required and any associated cost will be discussed with the developer at a later time. Fire Department has no objection to the subdivision application; however, the Fire Department makes note that the street network would have to adhere to the following National Building Code Standard 3.2.5.6 Access Route Design which requires that the road: a) have a clear width not less than 6 metres, unless it can be shown that lesser widths are satisfactory; b) have a centreline radius not less than 5 metres; c) have an overhead clearance not less than 5 metres; d) have a change in gradient not more than 1 in 12.5 over a minimum distance of 15 metres; e) be designed to support the expected loads imposed by fire fighting equipment and be surfaced with concrete, asphalt, or other material designed to permit accessibility under all climate conditions; f) have turnaround facilities for any dead -end portion of the access route more than 90 metres long; and g) be connected with a public thoroughfare. The Saint John Fire Department reserves the right to accept any turn- around areas as defined by the developer. A site assessment will be required for the purposes of determining whether fire apparatus can turn in any of the proposed turn - around (cul -de -sac) areas. PDF created with pdfFactory trial version www.pdffactory.com Kierstead, Quigley and Roberts Ltd. Page 4 2797 Loch Lomond Road February 2, 2007 N.B. Department of Public Health and Wellness has noted that they are unable to assess the suitability of the site for on -site septic systems until the proper subdivision application has been filled out and the fee paid to Service New Brunswick. The applicant has submitted the required application and fee to the province. Evaluations will be completed when the weather permits. ANALYSIS: The subject site is located in East Saint John between Loch Lomond Road and Hillcrest Road east of the Hillcrest Heights subdivision. The undeveloped 120 hectare (297 acre) site has rolling topography and mature forest cover, with a small valley in the northwest corner of the property. The surrounding area contains a range of large, forested parcels of land, single - family rural development and newer, unserviced, rural residential subdivisions. The applicant is proposing to develop an unserviced subdivision in two phases, with 15 lots along Spring Garden Road and Hillcrest Road created in the first phase and a further 89 lots created on an interior road system in future phases. The applicant is also proposing that a total of 5.5 hectares (13.6 acres) of land for public purposes be dedicated to the City, with 5500 square metres (1.4 acres) being dedicated during the first phase of development. The proposed land for public purposes is located in the northwest corner of the site, encompassing the aforementioned valley area and connecting to the land for public purposes dedicated with the development of the adjacent Hillcrest Heights Subdivision. The Municipal Plan has designated this area of the City as Unserviced Residential, and considers it appropriate for larger lots with on -site services. The Municipal Plan permits new development and lot creation in the Unserviced Residential areas of the City provided that the development is along existing streets, as is the case in this application for the first phase of development. The second phase of development creating 89 unserviced lots along an internal road system will require that the remainder of the site be rezoned from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential and will be dealt with in a separate application. Comments from other Departments regarding street design and easements pertain to the second phase of development and should be considered when that application is made; however, a detailed drainage plan will need to be submitted for the first phase of development. This drainage plan, to be approved by the Chief City Engineer, should take into consideration the use of existing ditches along Hillcrest Road, culvert design and placement and the way in which proposed future streets will tie into the existing drainage system. The subject site is currently zoned "RS -1" One and Two Family Suburban Residential, permitting the creation of the proposed 15 unserviced lots during the first phase of development. The proposed lots meet the "RS -1" One and Two Family Suburban Residential zone's minimum requirements for lot area, width and depth for single - family development, and the proposed lot at the end of Spring Garden Road meets the minimum requirements for a two - family dwelling in this zone. Approval from the Department of Health regarding the suitability of each individual lot for on -site wells and sewage PDF created with pdfFactory trial version www.pdffactory.com Kierstead, Quigley and Roberts Ltd. Page 5 2797 Loch Lomond Road February 2, 2007 disposal will be required before the proposed lots can be created. This area of the City has generally been found to be suitable for the provision of on -site services. Although the Leisure Services Department has indicated that the proposed land for public purposes is likely unsuitable for development as an active recreation or playground site, the dedication would provide a continuation of the land for public purposes dedicated in conjunction with the adjacent Hillcrest Heights subdivision. Recent development trends have shown that this style of development, with single - family dwellings on large lots in relatively remote areas of the City, generally create a demand for natural, passive recreation areas and larger, more central arenas and multi -use sports fields rather than traditional neighbourhood playgrounds. The Hillcrest Heights land for public purposes was accepted by Common Council in order to protect an ecological feature of the property, the stream, and provide passive recreational opportunities for residents. The 5500 square metre (1.4 acres) site proposed for dedication to the City during the first phase of the Desmond Subdivision development does not connect to this existing land; however, once the second piece of land for public purposes is vested the overall piece will extend potential walking or hiking trails along the valley and stream bed. This will also allow for a connection through to Hillcrest Road for users who reside outside of the Desmond and Hillcrest Heights subdivisions. CONCLUSION: As the proposed 15 building lots satisfy the requirements of the Zoning By -law and the Municipal Plan for unserviced development along an existing road, the first phase of development can be supported subject to approval of individual lots by the Department of Health and the submission and approval of a detailed drainage plan. Although the proposed land for public purposes would provide an extension of potential walking trails along the valley area between the Hillcrest Heights and Desmond subdivisions, the monetary concerns of the Leisure Services Department must be taken into consideration. Should Common Council choose to request cash -in -lieu of the land for public purposes, a pedestrian access point from the Desmond Subdivision would need to be incorporated during the second phase of development. sKH Project No. 07 -022 PDF created with pdfFactory trial version www.r)dffactory.com PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT I RR i ,9 1 Sw• RR Subject Site/site en question: P I D(s) /N I P(s): 326223 , Location: 2797 chemin Loch Lomond Road Date: January 12, 2007 Scale /echel €e: Not to scale /Pas a 1'eche €le RR RS F T- 0145 -PHI •�ti'.:J . J• r tt •:r / s/ � -'t :s ! .'_ -i', i• � "-Z 'f,=' . i : t, . '.. ',_ .:� %' 1 i . 1• 1 ,.L - !X _ r t s 'I TY 4. '� . 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I Fermuson The Board of Trustees of the City of Saint John Pension Plan met onhursday February 7, 2007 to consider a resolution of Council adopted on January 29, 2 O7 namely; "...and that Council send a letter to the City of Saint John Pension B Councillor Ferguson requesting that they consider mediation in the P defamation action against Councillor Ferguson." The Board has advised Councillor Ferguson's solicitor (copy att, consider any reasonable dispute resolution mechanism including resolve this matter. Respectfully submitted, Patrick Woods Secretary Board of Trustees City of Saint John Pension Plan and to )n Board's l) that it is willing to iation in an effort to CLARK DRUMMIE 40 wellington Row Barry R. Morrison, Q.C, P.Q. Box 6850 E irect Line: 633 -3838 LAWYERS AVOCATS 'I Saint John, NB E irect Fax: 633 -3812 E2L 4S3 E irect E- mail: caf @clarkdrummie.ca (506) 633 -3800 ww.clarkdrummie.ca A fu!!- service bilingual law firm Cabinet d'avocats offrant une gamme complete de services bilingues { OPY our file 265 -47 February 8, 2007 VIA HAND DELIVERY Messrs. Gilbert McGloan Gillis Barristers & Solicitors 22 King Street Saint John, NB E2L 1G3 ATTN: David N. Rogers, Esq. Dear Mr. Rogers: RE: Board of Trustees of the City of Saint John Employee Pension Plan et al v. Ferguson Your File Ref: 8001026 As you may know, Common Council of the City of Saint John adop ed a resolution relative to mediation of the dispute between our clients and your client, Mr. Fergus n. A copy of the resolution is attached to this letter for your i Without passing comment on the resolution itself, our clients have authorized us to inform you of their continuing willingness to consider any reasonable dispute resolution mechanism, including mediation. As you are also aware, your client was offered an out of court resolution. The offer was met with silence. We hope this overture will be met with more enthusiasm. A copy of this letter is being delivered to the Mayor and Co m on Council for their information. Yours very truly, CLARK DRUMMIE Barry R. Morrison BRMIcaf cc, Mayor Norman McFarlane Common Council SAINT JOHN • MONCTON • ST. ANDREWS * ST. STEPHEN PI Common Clerk's Office Bureau du greffier communal www.saintjohn.ca February 5, 2007 J. Patrick Woods Secretary City of Saint John Pension Board Bch Floor, City Hall — Saint John, NB P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L 41-1 Subject: Council Resolution Proposing Mediation in the Defam Dear Mr. Woods, Action .i. At the January 29, 2007 meeting of Common Council, Council adopt d the following resolution, and it is forwarded for the Pension Board's consideration: "RESOLVED that the Solicitor determine if Council, as the Pension P force mediation in the Pension Board action against Councillor Fergu back to Council, and that Council send a letter to the City of Saint Jot and to Councillor Ferguson requesting that they consider mediation is Board's defamation action against Councillor Ferguson." Sincerely, Elizabeth Gormley Assistant Common Clerk an sponsor, can son, and report n Pension Board i the Pension �6 February 6, 2047, The Common Council of Saint John, Your Worship and Councilors. This letter is not about the dispute going on between the Saint John Pension Board and Councillor Ferguson. It is however a very difficult and reluctant letter to write but the appearance and possible real damage to the integrity of the position of City Solicitor is of interest to me and should be a concern of all citizens as well as the Council. From this dispute Councillor Court has said that "the relationship between city staff and council members will be poisoned forever." The way things are going there is every indication that this "poison" will be touching the position of City Solicitor and the City's Legal Department. Ever since the first meeting of Common Council in May 1785 with the position of Recorder through the Royal Charter, the Common Council has had access to independent legal advice and objective legal opinions. The successor to the Recorder was the City Solicitor in the early 1900s and that position by Statute is still separate and apart from the civic administration with the employees of the Legal Department responsible to the City Solicitor. At a recent meeting of Council, Council requested a legal opinion from an employee of the Legal Department regarding a possible solution to the Pension Broard/Fergusion dispute. The request for an opinion from the solicitor who is an employee of the Department came about because the City Solicitor with other appointed and elected officials of the Pension Board declared a conflict of interest. The cause of the conflict of interest of the City Solicitor is different from the other appointed and elected officials on the Pension Board. The Mayor is a member by virtue of his position. The Treasurer is a member by virtue of his position. The Pension Act also makes for provision for elected officials to be on the Pension Board. There is however no statutory requirement for the City Solicitor to be a member of the Pension Board. The City Solicitor is a member by his personal and voluntary act to serve. While the Municipalities Act makes provision for dealing with conflicts of interest when they arise, it does not seem reasonable that the law would encourage voluntary conflicts giving rise to the City Solicitor removing himself from the primary responsibility to advice Council. The opinion that Council has requested from an employee of the Legal Department in these circumstances is as inappropriate as if the opinion was requested from a solicitor in the law firm that is representing the Pension Board. It would also be an inappropriate expenditure of public funds to engage outside legal Counsel to advise Council when the conflict of interest is self imposed and the City Solicitor can correct it by resigning from the Pension Board. It should be obvious that this dispute has the potential for more intricate legal questions from the Council. The inability of the City Solicitor to advise Council in this instance about mediation and any other future questions regarding the dispute is not the same as Council getting advice from other employees of Legal Department when the City Solicitor is ill or on vacation, or away on duties pertaining to the Legal Department. Any policy of Common Council that encourages the City Solicitor to voluntarily serve on City Boards, Commissions, or Committees that can relate any part of their activity to Council has the potential all the time for conflicts that leave Council without the advice the position is responsible for providing. The City Solicitor sacrifices certain rights when filling the full time salaried position as head of the Legal Department and the Council's chief independent legal advisor. While there are numerous conflicts of interest being declared from various appointed and elected officials connected with this dispute, it seems to me that safety in numbers is not the best policy for the position of City Solicitor. Yours -- Fr odger n Boys & Girls Club of Saint John A good place to be January 29, 20076 Mayor Norm McFarlane Members of Common Council, City of Saint John P.O. Box 1971 E2L 4C1 Dear Mayor and Councillors: The Board of Directors of The Boys and Girls Cub of Saint John would like to thank Your Worship and Members of Common Council for the 2007 allocation for the Club and the South End Community Centre (SECC). The Board greatly appreciates your support but was disappointed to see that the funding level for both the Club and the SECC would be the same for the 5TH year in a row, i.e., $32,500.00 for the Club and $59,500.00 to operate the SECC on behalf of the City of Saint John. This letter is an appeal of that decision. In 2003, when we assumed management and operation of the SECC, the minimum wage was $6.00 per hour and we offered 1268 hours of programming for the youth of the area for January through June and September through December. As of Jan.15t of this year, minimum wage is $7.00 / hour or a 17% increase. In July, the amount will increase to $7.25. In addition, costs for supplies and equipment have increased over the previous 4 years. Programming hours have also expanded. We were asked to conduct an 8 week summer program in 2005 (without any additional financial support) and we continued the service in 2006. We now offer 1795 hours of programming for the youth of the area and run programs over 12 months of the year. 1 Paul Harris Street Po Box 2441 Saint John, NB E2L 3V9 T 506 634 -2011 F 506 648 -0804 "M My or swhn I&n www.beccan.com �f �D� �tr�rs' BOARD OF DIRECTORS Founding President: Duncan M. Wathen (1944 -1989) President: David J. Merrithew 1 " Vice - President: Catherina Rignanesi, C.A. 2ntl Vice- President: Cory S. Gallant Treasurer Catherina Rignanesi, C.A. Secretary: Michelle S. Brun Past President: Carl A. White MEMBERS Donald W. Britten Peter T. Dolan J.M. (Mac) Ferguson Cory S. Gallant Richard T. Jones Amanda Masters Monte McAuliffe Scott McKinnon Gordon McNamee Mark Mosher Arthur L. Pottle Michael F. Schulze Scott Stacey Stella Walker Shannon Wheaton Gregory D. Zed EXECUTIVE DIRECTOR Deborah A. (Debbie) Cooper EXECUTIVE DIRECTOR EMERITUS Margaret E. Nodwell Boys & Girls Club of Saint John A good place to be The Boys and Girls Club cannot maintain the same level of services, programs, operating hours and staffing levels in 2007 with the same revenue of 2003. We will be forced to close Saturdays, decrease evening hours, and decrease the number of weeks for after- school and evening youth program. We will not be able to conduct a summer program. We take great pride in retaining experienced staff. Our retention has and will continue to slide due to our inability to stay ahead of minimum wage. The Boys and Girls Club of Saint John respectfully requests that the City of Saint John reconsider the $59,500 grant and allocate an additional $5,500 to increase the grant to the requested amount of $65,000 to operate the South End Community Centre in 2007 and $2,500 in addition to the $32,500 for the Boys and Girls Club as per the original request of $35,000. Please find enclosed copies of the after school and evening youth program schedules. We would be only too happy to appear at an open Common Council meeting to provide additional background and pertinent information pertaining to the operations of the Boys and Girls Club and the South End Community Centre. We look forward to your response to our appeal. Please do not hesitate in contacting the undersigned at 636 -9147 (w) to discuss this letter or to obtain more information or clarifications. Y ,s truly, r avi J., errithew P dent c.c. Mr. Terry Totten, City Manager 1 Paul Harris Street PO Box 2441 Saint John, NB E2L 3V9 T 506 634 -2011 F 506 648 -0804 TMQW*rsaw john www.beccan.com 'S BOARD OF DIRECTORS Founding President: Duncan M. Wathen (1904 -1989) President David J. Merrithew 1 " Vice - President Catherina Rignanesi, C.A. 2ntl Vice - President: Cory S. Gallant Treasurer: Catherina Rignanesi, C.A. Secretary: Michelle S. Brun Past President: Carl A. White MEMBERS Donald W. Britten Peter T. Dolan J.M. (Mac) Ferguson Cory S. Gallant Richard T. Jones Amanda Masters Monte McAuliffe Scott McKinnon Gordon McNamee Mark Mosher Arthur L. Pottle Michael F. Schulze Scott Stacey Stella Walker Shannon Wheaton Gregory D. Zed EXECUTIVE DIRECTOR Deborah A. (Debbie) Cooper EXECUTIVE DIRECTOR EMERITUS Margaret E. Nodwell j�RE Lake Pavilion ST °it ATi °v Lily Lake Pavilion _I Restoration Project Box 492, Saint John, NB E2L 3Z8 • 506 -693 -5033 • llp a nb.aibn.cozn To Your Worship, Mayor Norman McFarlane, Members Common Council, City of Saint John, P.O. Box 1971, 15 Market Square, Saint John, N.B. E2L 3Y2 January 15, 2007 Dear: Your Worship Mayor McFarlane, Members City Council, re: Lily Lake Pavilion, water seepage into building foundation On November 30, 2006 a letter was sent to the City Manager and was copied to yourself and Council Members. Please see attached copy of our letter. The Lily Lake Inc. Board is very concerned that irreparable damage will occur and the integrity of the building will be compromised. The Board feels that it is imperative that this matter be addressed with all urgency and action taken on this very serious matter. This wonderful facility has received wide public support and should not be put in jeopardy due to inaction and delay. We ask for your timely reply as quickly as possible. Respectfully yours, 11 41'il' �' el� Wallace P. MacMurray, Chairman Lily Lake Pavilion Inc. Donations can also be made online, at our website: LilyLakePavilion.com Lily R Lake Pavilion ESTORATION An Lily Lake Pavilion Restoration Project Box 492, Saint John, NB E2L 3Z8 • 506 -693 -5033 • 11paa nb.aibn.com November 30, 2006 Terry Totten City Manager P.O. Box 1971 Saint John, NB E21- 3Y2 RE: Lily Lake Pavilion, Water seepage in Foundation Dear Terry Unfortunately, the water seepage problem, at the Lily Lake Pavilion, continues to be a cause of major concern. In fact, it now threatens the viability of this wonderful community project. Since we last wrote you on October 11, 2006 ( Patrick Watt letter), we have continued to experience water seepage problems in the basement of the Pavilion. Every time we receive a heavy rainfall, we encounter water problems in our rooms downstairs ; this requiring us to then replace the lower segments of our walls and tiles that have been consequently damaged. Resultant mold is also a concern that we must constantly keep abreast of. It is, after all, our community's children that will often be occupying the basement portion of the Pavilion to change for activities like skating and swimming. You should also be aware that we actually had to close down the basement area of the building on November 12, 2006 during a Craft Fair which had been booked. Fortunately, a patient public was more interested in the positive aspects of having the Pavilion up and running again than they were about having to wait in line for washroom facilities. We have had such great community support. At a time when so many worthy causes are looking for donations, the Lily Lake Pavilion Renovation Project captured the imagination of our community's people and they quite literally willed its success. On of the primary reasons that the project did receive such great support was because people were sold on its sustainability. We now don't want to see these great supporters sold short because of this water problem. We have been advised, by city employees and contractors, that the road in front of the Pavilion must be lowered to facilitate fixing the problem. It is also our understanding that lowering the road will allow us to provide proper access to the building for the disabled Additionally, our Board is of the understanding that preliminary approval has been given, by the City, to carry out this necessary work. Donations can also be made online, at our website: LilyLakePavilion.com Having attempted to make clear the urgency of this matter, we now respectfully request that the City begin this work with all haste. Our temperate weather is a blessing that we should take advantage of. We would also respectfully request that we meet with you, as quickly as it can be arranged, to ensure that everyone has a clear understanding of all factors involved. Should you have any questions about any of the foregoing, please feel free to contact us forthwith. Respectfully yours, Walla- MaeMurray Chairman Board of Directors c.c. Mayor Norm McFarlane and Common Council