Loading...
2006-02-27_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, February 27, 2006 Location: Common Council Chambers Regular Meeting 1. Call to Order — Prayer, 5:00 pm 2. Approval of Minutes 2.1 February 13 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Adoption of Consent Agenda 5.1 Request of Atlantic Health Science Corp. to Present to Council (Refer to Clerk to schedule) 5.2 Port Authority Request to Present to Council (Refer to Clerk to schedule) 5.3 Parking Commission Request to Present to Council (Refer to Clerk to schedule) 5.4 Downtown Ministers Association Request to Present to Council Regarding Racino (Refer to Clerk to schedule) 5.5 Letter of Resignation from Peter Trites, President of Saint John Industrial Parks (Refer to Nominating & Letter of Thanks) 5.6 Ashley Clarke Request for Financial Contribution to Attend Miss NB International Pageant (Refer to Clerk to advise of Council's Policy) 5.7 Business Community Anti - Poverty Initiative Letter of Support for Partnership of Y /Aquatic Centre /City of Saint John (Receive for Information) 5.8 Letter from Steve Anderson Regarding Pet Control in Rockwood Park (Refer to City Manager) 5.9 Sale of 211 Union Street - Amending Date of Transaction (Recommendation) 5.10 Stop Up and Closure of a Public Street - Derby Street (Recommendation) 5.11 Public Hearing Date - 2 St. Paul Street (Recommendation) 6. Members Comments 7. Proclamation 7.1 Proclamation 7.2 Proclamation St. Patrick's Week 8. Delegations / Presentations 8.1 Presentation by Dr. Scott Giffin on Pan Flu Epidemic 9. Public Hearings 10. Consideration of By -laws 10.1 Public Presentation - Proposed Municipal Plan Amendment - Portion of Cambridge Estates Area 10.2 Proposed Municipal Plan Amendment - Millidgeville Secondary Plan - 2nd and 3rd Reading 11. Submissions by Council Members 11.1 Levy on Citizens Living Outside City Limits (Councillor Farren) 12. Business Matters — Municipal Officers 12.1 Pandemic Influenza Planning 12.2 Harbour Clean -Up 12.3 12th Canadian National Conference and 3rd Policy Forum on Drinking Water 12.4 Bulky Items Pick Up Program White Goods Program 12.5 Commercial Properties Solid Waste By -Law Enforcement 12.6 Assignment of Lease - Angela Sagrati to Black Douglas Holdings Ltd. 12.7 Lease of Space Stall No. C - The City Market 12.8 Rural Roads Capital Upgrades Program: Land Acquisition Policy 13. Committee Reports 13.1 City of Saint John Environment Committee 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Letter from Robert Coes Objecting to Condo Development on Prince William St. 15.2 Letter from Philip Huggard of Street Crime Committee Regarding Illegal Activities 15.3 Letter from Kevin H. Steele Contracting Ltd. requesting repairs to Hillcrest Road 15.4 Eric Teed Regarding Need for Lighting at The Falls Gorge 15.5 Letter from Earl Campbell Objecting to Pipeline under Bay of Fundy 15.6 Brian Roy In Support of Pipeline through Rockwood Park 16. Adjournment T� p {rte City of Saint John Seance conseil commun Lundi, le 27 fevrier, 2006 Lieu — Salle du conseil Ordre du jour actuel 1. Ouverture de la s6ance —17 h 2. Approbation du proces- verbal de la derniere reunion 2.1 Proc6s- verbal du 13 f6vrier 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'int6r6ts 5. Adoption de I'ordre du jour relatif aux questions soumises a I'approbation du conseil 5.1 Demande reque de la Corporation des sciences de la sant6 de I'Atlantique voulant se pr6senter devant le conseil (transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.2 Demande reque de I'Administration portuaire voulant se pr6senter devant le conseil (transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.3 Demande reque de la Commission sur le stationnement voulant se pr6senter devant le conseil (transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.4 Demande reque de la Downtown Ministers Association (Association des ministres du culte du centre - ville) voulant se pr6senter devant le conseil relativement au racino (transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.5 Lettre de d6mission reque de Peter Trites, pr6sident de Pares industriels de Saint John (renvoyer aux candidatures et a la lettre de remerciements) 5.6 Demande reque de Ashley Clarke concernant un apport financier pour assister au concours Miss NB International Pageant (transmettre au greffier pour connai"tre la politique du conseil a cet 6gard) 5.7 Lettre d'appui reque de I'Initiative contre la pauvret6 du secteur des affaires concernant I'6tablissement d'un partenariat entre le YMCA /YWCA, le Centre aquatique et The City of Saint John (accepter a titre informatif) 5.8 Lettre reque de Steve Anderson concernant le contr6le des animaux dans le parc Rockwood (transmettre au directeur g6n6ral) 5.9 Vente de la propri6t6 situ6e au 211, rue Union — Date modifi6e de la transaction (recommandation) 5.10 Fermeture et barrage d'une route publique, a savoir la rue Derby (recommandation) 5.11 Date de la tenue d'une audience publique relativement au 2, rue James (recommandation) 6. Commentaires pr6sent6s par les members 7. Proclamation 7.1 Proclamation 7.2 Proclamation de la semaine de la Saint - Patrick 8. D616gations et pr6sentations 8.1 Pr6sentation par le Dr Scott Giffin sur la grippe pand6mique 9. Audiences publiques 10. Etude des arret6s municipaux 10.1 Pr6sentation publique relative a la modification propos6e du plan municipal visant une partie du lotissement Cambridge Estates 10.2 Modifications propos6es au plan municipal — plan secondaire de Millidgeville — deuxi6me et troisi6me lectures 11. Intervention des membres du conseil 11.1 Imposition pour les citoyens a I'ext6rieur des limites de la ville (conseiller Farren) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Planification relativement a la grippe pand6mique 12.2 Travaux de nettoyage du port 12.3 12e Conference nationale canadienne et 3e Forum sur les politiques en mati6re d'eau potable 12.4 Programme de cueillette des d6chets volumineux; programme des produits blancs 12.5 Ex6cution de I'arr6t6 concernant les mati6res us6es solides des propri6t6s commerciales 12.6 Cession du bail au nom d'Angela Sagrati a Black Douglas Holdings Ltd. 12.7 Location de 1'6tal n° « C » au March6 municipal 12.8 Programme de modernisation des immobilisations relatif a I'am6lioration des routes rurales Politique en mati6re d'acquisition fonci6re 13. Rapports d6poses par les comit6s 13.1 Comit6 sur 1'environnement de The City of Saint John 14. Etude des sujets 6cart6s des questions soumises a I'approbation du conseil 15. Correspondance g6n6rale 15.1 Lettre reque de Robert Coes se pronongant contre I'am6nagement de copropri6t6s sur la rue Prince William 15.2 Lettre reque de Philip Huggard du comit6 de d6linquance urbaine contre les activit6s ill6gales 15.3 Lettre reque de Kevin H. Steele Contracting Ltd. demandant que des r6parations soient apport6es au chemin Hillcrest 15.4 Lettre reque d'Eric Teed concernant le besoin d'6clairage aux Chutes et de la Gorge 15.5 Lettre reque d'Earl Campbell se pronongant contre le pipeline sous la baie de Fundy 15.6 Lettre reque de Brian Roy en faveur du pipeline traversant le parc Rockwood 16. Ajournement 92 -62 COMMON COUNCIL / CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — FEBRUARY, 13. 2006, 6:30 P.M. present Michele Hooton, Deputy Mayor Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White -and - T. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett, Deputy City Manager of Programs and Priorities and Acting Treasurer; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; M. Gillan, Deputy Fire Chief; B. Fillmore, Deputy Chief of Police; P. Woods, Common Clerk and Deputy City Manager; and J. Ferrar, Administrative Assistant REUNION DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE Le 13 fevrier 2006 a 18 h 30 Sont prbsents : Michele Hooton, maire supplbant Les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur gbnbral; J. Nugent, avocat municipal; A. Beckett, directeur gbnbral adjoint, programmes et prioritbs et trbsorier par intbrim; P. Groody, commissaire aux opbrations municipales; J. Baird, commissaire a I'urbanisme et au dbveloppement; W. Edwards, commissaire aux services d'inspection et des batiments; M. Gillan, chef adjoint du service d'incendie; B. Fillmore, chef de police adjoint; P. Woods, greffier communal et directeur gbnbral adjoint; et J. Ferrar, adjointe administrative. Call To Order — Prayer Deputy Mayor Hooton called the meeting to order and Rev. Lindsay Burt of the Full Gospel Assembly offered the opening prayer. The Sea Belles, a Chapter of Harmony, Inc. under the directorship of Marilyn Hickman sang O'Canada and another song in recognition of Harmony Awareness Week. Ouverture de la reunion, suivie de la priere. La sbance est ouverte par le maire supplbant Hooton. Le rbvbrend Lindsay Burt de la Full Gospel Assembly rbcite la pribre d'ouverture. Les Sea Belles, une section de Harmony Inc., sous la direction de Marilyn Hickman, interprbtent le « O Canada » et une autre chanson pour reconnai"tre la semaine de I'harmonie. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on January 30, 2006, be approved. 92 -63 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 Councillor Court commented briefly regarding resolutions passed by Council on November 19th and 21, 2005 which expressed opposition to the proposed LNG pipeline being routed through Rockwood Park; and advised that he has contacted the National Energy Board who informed him that unless an intervener brings forward a proposal for another route, it will not be considered. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that item 11.2 be brought forward for consideration at this time. Question being taken, the motion was carried. 2. Approbation du proces- verbal de la derniere reunion Proposition du conseiller Titus Appuyee par le conseiller White RESOLU que le proces- verbal de la reunion du conseil communal tenue le 30 janvier 2006 soit approuve. Le conseiller Court mentionne brievement les resolutions adoptees par le conseil les 19 au 21 novembre 2005 relatives a ('opposition exprimee relativement au trajet propose du gazoduc a travers le parc Rockwood et indique qu'il a communique avec ('Office national de 1'energie qui I'avise qu'a moins qu'une partie intervenante depose une proposition visant a suggerer une autre route, les resolutions ne seront pas considerees. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que le point no 11.2 de I'ordre du jour soit examine des maintenant. A ('issue du vote, la proposition est adoptee. 11.2 Request for Update with regard to Energy Board of Canada - Proposed Pipeline On motion of Councillor Farren Seconded by Councillor White RESOLVED that the City Manager provide an update or presentation to Common Council on the progress thus far in relation to the proposed pipeline; the implications for either applying or not applying to intervene in the negotiation process with the Energy Board of Canada; and report back to Council on the cost of hiring an intervener. A discussion followed with Councillors expressing concern that the proper process must be followed with regard to intervener status for this project. Councillor Ferguson proposed an amendment to the motion, which the mover and seconder agreed, that the City Manager report back to Council on the cost of hiring a professional intervener. Question being taken, the motion was carried. 11.2 Demande de mise a jour relative a I'Office national de I'energie visant le projet de gazoduc Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que le directeur general fasse la mise a jour ou donne une presentation devant le conseil communal relativement au progres realises jusqu'a maintenant visant le projet de gazoduc, discute des incidences decoulant d'une demande de qualite d'intervenant, et de ('absence de cette derniere, relativement au processus de negociation avec ('Office national de 1'energie, et que le conseil soit avise des frais engages pour retenir les services d'un intervenant. 92 -64 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /1-E 13 FEVRIER 2006 Une discussion s'ensuit et les conseillers expriment leurs inquietudes, a savoir le processus adequat doit titre respecte relativement a I'obtention de la qualite d'intervenant relativement audit projet. Le conseiller Ferguson propose une modification a la proposition en vertu de laquelle le proposeur et I'appuyeur conviennent que le directeur general fasse le compte rendu devant le conseil visant a retenir les services d'un intervenant professionnel. A I'issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the agenda of this meeting be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que I'ordre du jour de la presente reunion soit adopte. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'inter6ts 5. Adoption of Consent Agenda 5.1 Letter from Irving Oil Regarding Water Rates (Receive for information) 5.2 Request of Regional Hospital PET Program to Present to Council (Refer to Clerk to schedule) 5.3 Letter of Thanks from NB Anti Poverty Association (Receive for information) 5.4 Letter from Dynamic Construction Corp. Invoice for Compensatory Storage (Receive for information) 5.5 Request of Dr. Giffin to Present to Council re Pandemic Flu (Refer to Clerk to schedule) 5.6 Request from Rothesay -Kings Rotary Girls Choir for Financial Support (Receive for Information) 5.7 Rogers Television Broadcast of Council Meetings (Receive for information) 5.8 Saint John Police Commission - Executive appointments (Refer to Nominating) 5.9 Police Force 2006 Budget (Refer to Clerk schedule presentation) On motion of Councillor White Seconded by Councillor Titus RESOLVED that the Consent Agenda be approved with items 5.1 and 5.4 being considered separately as items 14.1 and 14.2 respectively. Question being taken, the motion was carried. 92 -65 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 5. Adoption de I'ordre du jour relatif aux questions soumises a I'approbation du conseil 5.1 Lettre de Irving Oil concernant les tarifs d'eau (accepter a titre informatif) 5.2 Demande soumise par I'hopital regional pour que le programme de zootherapie soit presente au conseil (transmettre au greffier pour qu'une date de presentation soit fixee) 5.3 Lettre de remerciements de la NB Anti Poverty Association (association de lutte contre la pauvrete du Nouveau - Brunswick) (accepter a titre informatif) 5.4 Lettre regue de Dynamic Construction Corp. concernant la facture d'entreposage compensatoire (accepter a titre informatif) 5.5 Demande reque du Dr Giffin voulant donner une presentation sur la grippe pandemique devant le conseil (transmettre au greffier pour qu'une date de presentation soit fixee) 5.6 Demande de subvention reque de la chorale Rothesay -Kings Rotary Girls Choir (accepter a titre informatif) 5.7 Diffusion en direct des seances du conseil par Television Rogers (accepter a titre informatif) 5.8 Bureau des commissaires de la police de Saint John relativement a la nomination des administrateurs (transmettre au Comite des candidatures) 5.9 Budget 2006 du corps de police (transmettre au greffier pour qu'une date soit fixee) Proposition du conseiller White Appuyee par le conseiller Titus RESOLU que I'ordre du jour des questions soumises a I'approbation du conseil soit adopte, moyennant une etude particuliere accordee aux points nos 5.1 et 5.4, en tant que points nos 14.1 et 14.2 respectivement. A I'issue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamations 7.1 The Mayor proclaimed the week of February 19 -25, 2006 as Guide -Scout Week in The City of Saint John. 7.2 The Mayor proclaimed the week of February 13 -19, 2006 as Heritage Week in The City of Saint John and Monday, February 20, 2006 as Heritage Day in The City of Saint John. 7. Proclamations 7.1 Le maire declare que la semaine du 19 au 25 fevrier 2006 est la Semaine du Scoutisme et du Guidisme dans The City of Saint John. 7.2 Le maire declare que la semaine du 13 au 19 fevrier 2006 est la Semaine du patrimoine et que le lundi 20 fevrier 2006 est la Journee du patrimoine dans The City of Saint John. 92 -66 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 8. Delegations /Presentations 8.1 Presentation by Gretchen Kelbaugh- Film Clip Margaret and Deirdre Gretchen Kelbaugh provided Council with a film clip of the film entitled "Margaret and Deirdre" which she wrote, produced and directed. Ms. Kelbaugh commented briefly regarding the production of the film; distributed a listing of the movie credits to the Council members; and requested Council's support, either financial or otherwise with regard to a public screening for the citizens of Saint John. On motion of Councillor Ferguson Seconded by Councillor White RESOLVED that Gretchen Kelbaugh's request for a $300. donation to assist with the promotion of the film entitled "Margaret and Deirdre" be referred to the City Manager, and report back to Council on the matter. Question being taken, the motion was carried. 8. Delegations et presentations 8.1 Presentation par Gretchen Kelbaugh relativement a une sequence filmee du film Margaret and Deirdre Gretchen Kelbaugh presente une sequence filmee du film Margaret and Deirdre, realise, mis en scene et dirige par elle -meme. Mme Kelbaugh discute brievement de la mise en scene du film, distribue un exemplaire du texte defilant aux membres du conseil, et demande I'appui du conseil, soit en forme d'aide financiere ou autre, relativement au visionnement public a ('intention des citoyens de Saint John. Proposition du conseiller Ferguson Appuyee par le conseiller White RESOLU que la demande de subvention presentee par Gretchen Kelbaugh au montant de 300 $, comme contribution a la promotion du film intitule « Margaret and Deirdre », soit transmise au directeur general et qu'une reponse soit adressee au conseil sur la question. A I'issue du vote, la proposition est adoptee. 8.2(a) Review of Preservation Areas By -law 8.2(b) Presentation of Changes to Preservation Area By -law On motion of Councillor Chase Seconded by Councillor Chang RESOLVED that Council agree to hear the presentation from a representative of the Preservation Review Board. Question being taken, the motion was carried Malcolm Boyd, a member of the Preservation Review Board, referring to the submitted report with regard to the review of the Preservation Areas By -law, as well as the following documents which were distributed at the meeting: Standards and Guidelines for the Conservation of Historic Places in Canada, Human Resources in Canada's Built Heritage Sector and CenterBeam Place; provided Council with an overview of the seventeen recommendations of the By -law Review Committee. Mr. Boyd concluded his presentation noting that the Preservation Review Board supports the recommendations and requested Council's support. Discussion followed with Malcolm Boyd and Jim Bezanson, Heritage Planner, responding to questions. It was pointed out during discussion that a teach -in on this issue would be beneficial for Council members. Mr. Bezanson advised that if Council is in agreement with the recommendations, an amendment to the by -law would be brought back to Council for a public hearing. 92 -67 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 On motion of Councillor Chase Seconded by Councillor Farren RESOLVED that A. The Preservation Review Board and City Manager recommend that Council authorize the appropriate notification for a public hearing and to draft an amendment to the Preservation Areas By -law such that: i) The fourteen (14) Standards for Conservation of Existing Buildings found in the Standards & Guidelines for the Conservation of Historic Places be adopted directly into the By -law as a new Section 8; ii) The focus of the By -law be changed from restoring a building to pre- 1915 appearance to using one of the following three conservation treatments: preservation of compatible historic materials and detailing; or rehabilitation of compatible historic character defining elements; or restoration to a pre -1915 appearance. iii) The By -law be renamed the Heritage Development By -law; iv) The standards currently in Section 9 remain and be used exclusively for construction of new buildings or structures, supplemented by Guidelines for New Additions to Historic Places (page 8 Other considerations of Standards & Guidelines) for all structures proposed as an addition to an existing building or structure. B. Council endorse the use of the process outlined in the national Standards and Guidelines for the Conservation of Historic Places and encourage the Preservation Review Board to work with owners and assist them to make sound decisions regarding future development of their building through: - - UNDERSTANDING (research, historic photos, etc.; - PLANNING (preparation of conservation program); - USING (the building in a manner which has the least impact on character defining elements); and then - INTERVENING (by making changes that respect the heritage values of their building). C. Council authorize the Preservation Review Board to transfer approval (but not denial) authority to the Heritage Development Officer for any application for a Certificate of Appropriateness for an intervention on a historic place which is RECOMMENDED in the guidelines of the national Standards and Guidelines for the Conservation of Historic Places. Further, any applications for an intervention which are NOT RECOMMENDED shall be referred to the Preservation Review Board ONLY when a completed application is received. D. Council instruct Building & Technical Services and Legal Departments to work with the Heritage Development Officer to provide recommendations on a methodology to implement a process of levying fines for property owners who do not apply for a Certificate of Appropriateness before beginning work or who proceed with work after a Certificate of Appropriateness has been denied. E. Council lobby the Provincial government to reduce the eligibility requirements of the Heritage Property Tax Abatement Program to target projects of $25,000. and above instead of the current $100,000. and above criteria. F. Council instruct the Preservation Review Board and the City Manager to develop a business plan demonstrating the benefits of the heritage program to Saint John well in advance of budget discussions for 2007 and at that time to provide a recommendation on an appropriate level of funding for the Grants for Historic Building Preservation Program. G. Council authorize the Preservation Review Board to increase the percentage of costs of eligible conservation work to 40% for masonry and structural openings (as indicated in the Chart of Appendix 1) provided that existing funds are used to cover this increase. H. Council join forces with the construction industry, design professionals and other municipalities (particularly in larger provinces) to vigorously lobby the provincial government and the National Research Council to develop a National Code of 92 -68 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /1-E 13 FEVRIER 2006 Equivalencies for Existing Buildings in which there are standards for the renovation of older housing stock (including heritage) that achieve desired fire and life safety. I. Council instruct the Preservation Review Board and the City Manager to develop a business plan and return to Council well in advance of the 2007 Budget with recommendations on the feasibility of reintroducing the Upper Floor Grant Program and if so what parameters should be incorporated into the program. J. Council place establishment of a Centre of Excellence in Heritage, Arts, Culture and Trades high on its 2006 achievement list and vigorously lobby appropriate officials to bring such a centre to fruition in uptown Saint John by 2008. K. Council authorize the Preservation Review Board and the City Manager to: proceed with the necessary steps to amend Section 9(1)(d) of the Bylaw, such that the Board may approve additional height above that permitted by the current 80 %/120% provision, provided that such additional built area is set back from the front fagade such that it is not visible from the opposite side of the same street as the development. For the purpose of this calculation no development shall interrupt a line starting at a point 5'0" vertically above the curb on the opposite side of the street projecting past the top of the roof cornice /parapet of the proposed building. The height of the additional building area shall at no point be greater than 140% of the average height of all buildings located within the same block as the development and fronting on the same side of the street. If a corner lot, the additional building must not be visible from either street. The additional building may be visible at the side or rear; and to ii) proceed with the necessary steps to amend Section9(1)(d) such that for the purpose of calculating height of new development, all buildings on both sides of the block in which the development is located, regardless of age, shall be used in the calculation; and the Preservation Review Board and the City Manager recommend that: iii) when new preservation areas are considered by Council, the issue of height be discussed with the community in question and a recommendation provided to Council at that time. iv) for the purpose of calculating height of future developments, the height to the top of the roof or parapet at the street front of the building, as permitted by the 80 %/120% provision, shall be used. The additional height of the upper floor(s) setback permitted under the 140% provision shall not be included in calculations to determine height of future developments. Tracery, finials or decorative elements shall also not be included in the calculation to determine height of future developments. The Preservation Review Board and the City Manager recommend that: L. Council instruct the Preservation Review Board and the City Manager to work with developers to achieve creative density solutions and to have further discussions and return to Council with recommendations on initiatives that will stimulate increased density solutions without compromising historic streetscapes. M. Council instruct the Preservation Review Board and the City Manager to provide Council with a business plan and feasibility study with recommendations on an appropriate level of funding required to develop a heritage and marketing strategy with a public education component for Saint Johners well in advance of the 2007 Budget discussions. Question being taken, the motion was carried. 8.2a) Etude de I'Arrete concernant la sauvegarde du patrimoine de The City of Saint John 8.2b) Presentation des modifications de I'arrete concernant la sauvegarde du patrimoine Proposition du conseiller Chase Appuyee par le conseiller Chang RESOLU que le conseil accueille la presentation donnee par un representant du Comite de revision sur le patrimoine. A I'issue du vote, la proposition est adoptee. 92 -69 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 Malcolm Boyd, membre du Comite de revision sur le patrimoine, se reporte au rapport presente anterieurement relativement a 1'etude de I'Arrete concernant la sauvegarde du patrimoine ainsi que les documents suivants distribues au cours de la reunion : Les normes et les lignes directrices pour la conservation des lieux patrimoniaux au Canada, Les ressources humaines dans le secteur du patrimoine bati au Canada. II presente au conseil un apergu des dix -sept recommandations formulees par le Comite de revision des arretes. M. Boyd termine sa presentation en soulignant que le Comite de revision sur le patrimoine encourage ces recommandations et demande I'appui du conseil. Une discussion s'ensuit, Malcolm Boyd et Jim Bezanson, planificateur en conservation des lieux patrimoniaux, repondent aux questions soulevees. On avoue pendant cette discussion qu'une seance de formation sur la question profiterait aux membres du conseil. M. Bezanson indique que dans le cas ou le conseil approuve les recommandations, un projet de modification sera soumis au conseil pour qu'il puisse proceder a la tenue d'une audience publique. Proposition du conseiller Chase Appuyee par le conseiller Farren RESOLU : A. QUE le Comite de revision sur le patrimoine et le directeur general recommandent au conseil d'autoriser la publication des avis adequats relatifs a la tenue d'une audience publique et la redaction de la modification devant titre apportee a I'Arrete concernant la sauvegarde du patrimoine comme suit : i) que les quatorze (14) normes relatives a la conservation des batiments existants stipulees dans Les normes et les lignes directrices pour la conservation des lieux patrimoniaux au Canada, soient integrees audit arrete par I'ajout d'un nouvel article 8; ii) que ('article de 1'arrete traitant de la restauration d'un batiment pour lui donner I'apparence d'un batiment construit avant 1915 soit modifie en ajoutant une disposition visant ('utilisation d'une des trois methodes de conservation suivantes la preservation de materiaux et de la finition compatibles avec 1'epoque; la restauration des elements qui en determinent le caractere historique; ou la restauration du batiment en lui donnant une apparence pre -1915; iii) que 1'arrete soit renomme Arrete relatif a I'amenagement du patrimoine municipal; iv) que les normes prevues a I'heure actuelle en vertu de I'article 9 demeurent en vigueur et ne visent que I'amenagement de nouveaux batiments et de nouvelles constructions, ces normes etant suppleees par les lignes directrices visant les rajouts amenages sur les lieux patrimoniaux (page 8, autres considerations relatives aux normes et aux lignes directrices) relativement a tous les travaux d'amenagement prevus en tant que rajout a la construction ou au batiment existant. B. QUE le conseil autorise ('utilisation du processus souligne dans Les normes et les lignes directrices pour la conservation des lieux patrimoniaux au Canada et encourage le Comite de revision sur le patrimoine a collaborer avec les proprietaires et a les cider a prendre des decisions eclairees relativement a I'amenagement futur de leur biens -fonds comme suit: - LA COMPREHENSION (recherche, photos historiques, etc.); - LA PLANIFICATION (elaboration d'un programme de conservation); - L'UTILISATION (de maniere a reduire les incidences nefastes sur les caracteristiques determinantes du batiment); - LES ENTREVUES (en s'assurant que les modifications apportees au batiment refletent les valeurs patrimoniales). C. QUE le conseil autorise le Comite de revision sur le patrimoine a transferer le pouvoir d'autorisation (mais non le pourvoir de rejet) a I'agent d'amenagement du patrimoine relativement a toute demande de Certificat de conformite visant une intervention relative a un lieu historique RECOMMANDE en vertu des lignes directrices etablies dans Les normes et les lignes directrices pour la conservation des lieux patrimoniaux au Canada. En outre, toute demande d'intervention NON RECOMMANDEE, doit titre transmise au Comite de revision sur le patrimoine SEULEMENT lorsqu'elle est 92 -70 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /1-E 13 FEVRIER 2006 accompagnee d'un formulaire de demande dument rempli. D. QUE le conseil charge le Service d'inspection et des batiments et le Service juridique de collaborer avec I'agent d'amenagement du patrimoine afin d'adopter une methodologie visant a formuler des recommandations pour la mise en oeuvre d'un processus d'imposition d'amendes aux proprietaires qui negligent de faire la demande d'un Certificat de conformite avant que soient entames les travaux ou qui procedent a 1'execution des travaux lorsque le Certificat de conformite a ete refuse. E. QUE le conseil exerce une pression sur le gouvernement provincial afin qu'il limite les exigences d'admissibilite au Programme de degrevement d'impot applicable aux biens patrimoniaux, a savoir qu'il fixe un montant minimal de 25 000 $ sur les projets applicables plutot que la limite minimale de 100 000 $ en vigueur a I'heure actuelle. F. QUE le conseil charge le Comite de revision sur le patrimoine et le directeur general d'elaborer un plan commercial determinant la maniere dont le programme applicable aux biens patrimoniaux peut profiter a Saint John, et ce, suffisamment a I'avance de la tenue des deliberations budgetaires de 2007 et, a ce moment, que soit deposee une recommandation relative au montant adequat du financement devant titre destine au Programme de subvention relatif a la conservation des lieux patrimoniaux. G. QUE le conseil autorise le Comite de revision sur le patrimoine a augmenter le pourcentage des couts des travaux de conservation admissibles a 40 % pour les travaux de magonnerie et d'ouvertures structurales (tel que I'indique le tableau a ('Annexe 1) pourvu que les fonds en caisse soient utilises pour repondre a cette augmentation. H. QUE le conseil collabore avec I'industrie de la construction, les professionnels de la conception et les autres municipalites (surtout dans les plus grandes provinces) pour exercer une forte pression sur le gouvernement provincial et le Conseil national de recherches afin d'elaborer un code national d'equivalences pour les batiments existants dans lequel seront elaborees des normes visant la restauration d'anciennes residences (y compris les immeubles patrimoniaux) qui respectent les normes de securite contre les incendies et de protection civile. QUE le conseil charge le Comite de revision sur le patrimoine et le directeur general de ('elaboration d'un plan commercial devant titre depose devant le conseil suffisamment a I'avance de la tenue des deliberations budgetaires de 2007 et formulant des recommandations relatives a la faisabilite d'adopter a nouveau le programme de subvention relatif a la restauration des etages supeneurs et, le cas echeant, la determination des criteres qui doivent titre integres audit programme. J. QUE le conseil place au debut de sa liste d'accomplissements prioritaires pour 2006, 1'etablissement d'un centre d'excellence relatif au patrimoine, aux arts, a la culture et aux metiers et exerce une forte pression sur les responsables appropries afin de realiser la construction d'un tel centre au centre -ville de Saint John avant I'an 2008. K. QUE le conseil autorise le Comite de revision sur le patrimoine et le directeur general comme suit: i) a entamer les etapes necessaires visant a modifier I'article 9(1)d) de 1'arrete, afin que le comite puisse approuver toute hauteur supplementaire a celle permise en vertu de la disposition etablissant les normes de 80 %/120 %, pourvu que la construction sur tels lieux soit situee en retrait de la fagade frontale de maniere qu'elle soit cachee du cote oppose de la meme rue ou sont effectues les travaux d'amenagement. Aux fins de ces calculs, la hauteur d'aucun amenagement ne doit traverser une ligne commengant a un point situe a cinq pieds au- dessus de la bordure du cote oppose de la rue et projetant au -dela de 1'extremite du toit, de la corniche ou du parapet de I'immeuble en question. La hauteur de la construction supplementaire ne doit en aucun cas depasser 140 % de la hauteur moyenne de tous les batiments situes sur le meme i1ot que ledit amenagement dont la fagade est situee sur le meme cote de la rue. Dans le cas d'un terrain d'angle, la construction supplementaire doit titre cachee de chacune des rues. La construction supplementaire peut titre visible 6 partir du cote ou de I'arriere. 92 -71 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 ii) a entamer les etapes necessaires visant a modifier I'article 9(1)d), aux fins du calcul de la hauteur de tout nouvel amenagement, afin que tous les immeubles, peu importe I'age, situes des deux cotes de I'i1ot sur lequel les nouveaux amenagements sont situes, soient utilisees dans le calcul; et le Comite de revision sur le patrimoine et le directeur general formulent les recommandations suivantes : iii) lorsque le conseil etudie la designation de secteurs sauvegardes, la hauteur prevue doit faire ('objet de discussions au sein de la collectivite en question et une recommandation doit titre formulee et presentee au conseil a ce moment; iv) aux fins du calcul de la hauteur des travaux d'amenagements futurs, on doit utiliser le chiffre correspondant a la hauteur de la construction, jusqu'a 1'extremite du toit ou du parapet de l'immeuble faisant face a la rue, permise en vertu de la disposition stipulant une norme de 80 %/120 %, doit titre utilise. La hauteur supplementaire du retrait de tout etage supeneur permis en vertu de la disposition stipulant la norme de 140 %, ne doit figurer aux calculs utilises pour determiner la hauteur des travaux d'amenagement futurs. Les elements decoratifs ainsi que les filigranes et les pignons ne seront egalement pas inclus aux calculs utilises pour determiner la hauteur des travaux d'amenagement futurs. Le Comite de revision sur le patrimoine et le directeur general formulent les recommandations suivantes : L. QUE le conseil charge le Comite de revision sur le patrimoine et le directeur general de collaborer avec les promoteurs afin de creer des solutions de densite creatives, d'entamer des discussions supplementaires et de presenter devant le conseil des recommandations relatives aux initiatives visant a encourager I'augmentation de solutions de densite sans compromettre les paysages de rues historiques. M. QUE le conseil charge le Comite de revision sur le patrimoine et le directeur general de la presentation d'un plan commercial et d'une etude de faisabilite devant le conseil ainsi que des recommandations relatives au montant adequat du financement necessaire a 1'e1aboration d'une strategie relative au patrimoine et a la commercialisation, y compris une composante liee a la sensibilisation des citoyens de Saint John, considerablement a I'avance de la tenue des deliberations budgetaires de 2007. A ('issue du vote, la proposition est adoptee. 9. Public Hearings 9. Audiences publiques 10. Consideration of By -laws 10.1 Water and Sewerage By -law Amendment On motion of Councillor Titus Seconded by Councillor Ferguson RESOLVED that the by -law entitled, "By -law Number M -16 a By -law to Amend a By -law Respecting Water and Sewerage ", by repealing Schedules "A" and "B" in Section 44 and replacing with the submitted Schedules; by amending Section 1 as submitted; repealing Sections 30 and 43(1) and replacing with the submitted Sections, be read. Councillor Court commented that the proposed amendment places a financial burden on people that is not required, and advised he could not support the proposed amendment. Mr. Groody responded that there is no intention to proceed with metering residential customers at this time. Question being taken, the motion was carried with Councillor Court voting "nay ". The by -law entitled, "By -law Number M -16 a By -law to Amend a By -law Respecting Water and Sewerage" was read in its entirety. 92 -72 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 On motion of Councillor Titus Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number M -16 a By -law to Amend a By -law Respecting Water and Sewerage ", by repealing Schedules "A" and "B" in Section 44 and replacing with the submitted Schedules; by amending Section 1 as submitted; repealing Sections 30 and 43(1) and replacing with the submitted Sections, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number M -16 a By -law to Amend a By -law Respecting Water and Sewerage ". 10. Etude des arretes municipaux 10.1 Modification de I'arrete concernant le reseau d'aqueduc et d'egouts Proposition du conseiller Titus Appuyee par le conseiller Ferguson RESOLU que 1'arrete intitule « Arrete no M -16, modifiant 1'arrete concernant le reseau d'aqueduc et d'egouts », abrogeant les annexes « A » et « B » de I'article 44 et les remplagant par les annexes deposees, modifiant I'article 1, tel qu'il est presente; abrogeant les articles 30 et 43(1) et les remplagant par les articles presentes, fasse ('objet d'une lecture. Le conseiller Court mentionne que la modification proposee impose inutilement un fardeau financier sur les citoyens et indique qu'il ne peut appuyer le projet de modification. M. Groody repond qu'aucune demarche visant a instaurer un programme de comptage pour les clients residentiels n'est prevue a I'heure actuelle. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. L'arrete intitule « Arrete no M -16, modifiant 1'arrete concernant le reseau d'aqueduc et d'egouts » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete no M -16, modifiant 1'arrete concernant le reseau d'aqueduc et d'egouts », abrogeant les annexes « A » et « B » de I'article 44 et les remplagant par les annexes deposees, modifiant I'article 1, tel qu'il est presente; abrogeant les articles 30 et 43(1) et les remplagant par les articles presentes, 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 M -16 concernant le reseau d'aqueduc et d'egouts ». 8.3 Request to Present to Council from Roly Maclntyre re Secondary Access Road to Red Head On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that Council agree to hear the presentation from Roly Maclntyre regarding the Secondary Access Road to Red Head. Question being taken, the motion was carried. Referring to a prepared presentation document, which was distributed to the Council members. Roly Maclntyre acknowledged the presence of local MLA's Stuart Jamieson and Abel LeBlanc, and addressed Council regarding the secondary access road to Red Head on behalf of residents in the Red Head area. Mr. Maclntyre stated the residents have always supported the road but have concerns with regard to the width of the 92 -73 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 proposed road, compensation being offered and the possible use of the land for a natural gas pipeline at some point in the future. Mr. Maclntyre concluded the presentation stating that the residents of Red Head want assurance that the land is being expropriated for a new access road. 8.3 Demande de Roly McIntyre en vue de faire une presentation au conseil au sujet de la voie d'acces secondaire en direction de Read Head Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que le conseil accueille la presentation donnee par Roly Maclntyre relative a la voie d'acces secondaire en direction de Red Head. A ('issue du vote, la proposition est adoptee. Se reportant a un document de presentation prepare anterieurement et distribue aux membres du conseil, Roly Maclntyre reconnai"t la presence des deputes locaux, Stuart Jamieson et Abel LeBlanc, et s'adresse au conseil relativement b la voie d'acces secondaire proposee en direction de Red Head, au nom des citoyens du secteur Red Head. M. Maclntyre indique que les citoyens ont toujours appuye ladite voie, mais qu'ils ont certaines preoccupations relativement a la largeur de la voie proposee, du montant de dedommagement offert et de la possibilite que les biens -fonds seraient utilises a l'avenir aux fins d'installation d'un gazoduc. M. Maclntyre termine la presentation en affirmant que les citoyens du secteur Red Head desirent s'assurer que les biens -fonds expropries seront en effet utilises pour la construction d'une nouvelle voie d'acces. 10.2 Parking Meter By -law Amendment - re Section 6 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number M -7 a By -law to Amend a By -law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ", amending Section 6(4) as described in the submitted By -law, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number M -7 a By -law to Amend a By -law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ", was read in its entirety. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number M -7 a By -law to Amend a By -law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ", amending Section 6(4) as described in the submitted By -law, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number M -7 a By -law to Amend a By -law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines" (Councillor Chang withdrew from the meeting.) 10.2 Modification de I'article 6 de I'arrete sur les parcometres Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete no M -7, modifiant I'arrete concernant les zones de stationnement et l'utilisation de parcometres 92 -74 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 et de systemes de paiement a console d'affichage », modifiant I'article 6(4) conformement A 1'arrete depose, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -7 concernant les zones de stationnement et ('utilisation de parcometres et de systemes de paiement A console d'affichage » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete no M -7, modifiant 1'arrete concernant les zones de stationnement et ('utilisation de parcometres et de systemes de paiement A console d'affichage », modifiant I'article 6(4) conformement A 1'arrete depose, 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 M -7, modifiant 1'arrete concernant les zones de stationnement et ('utilisation de parcometres et de systemes de paiement A console d'affichage ». (Le conseiller Chang quitte la reunion.) 10.3 Parking Meter By -law Amendment - re Schedules On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number M -7 a By -law to Amend a By -law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ", amending Schedule "A" and adding Schedule "C" as described in the submitted By -law, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number M -7 a By -law to Amend a By -law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ", was read in its entirety. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number M -7 a By -law to Amend a By -law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ", amending Schedule "A" and adding Schedule "C" as described in the submitted By -law, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number M -7 A By -law to Amend a By -law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines" Councillors Ferguson, Tait and White withdrew from the meeting as they were not present for the 1St and 2 "d Reading of the proposed Street Closing By -law Amendment for McLean Street and Poplar St., Walnut St., Ashland Ave., Elmwood Ave., Windsor St., Amherst St., Woodland St., Eastmount Crescent and portion of Rockwood Ave., and the proposed Zoning by -law Amendment for 186 Queen Street West. 10.3 Modifications apportees aux annexes de I'arrete sur les parcometres Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete no M -7, modifiant 1'arrete concernant les zones de stationnement et ('utilisation de parcometres et de systemes de paiement A console d'affichage », modifiant I'annexe « A » et ajoutant I'annexe « C », conformement 6 1'arrete depose, fasse ('objet d'une lecture. 92 -75 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -7 concernant les zones de stationnement et ('utilisation de parcometres et de systemes de paiement a console d'affichage » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete no M -7, modifiant 1'arrete concernant les zones de stationnement et ('utilisation de parcometres et de systemes de paiement a console d'affichage », modifiant I'annexe « A » et ajoutant I'annexe « C », conformement a 1'arrete depose, 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 M -7, modifiant 1'arrete concernant les zones de stationnement et ('utilisation de parcometres et de systemes de paiement a console d'affichage ». Les conseillers Ferguson, Tait et White quittent la reunion puisqu'ils etaient absents lors des premiere et deuxieme lectures du projet de modification de 1'arrete concernant la fermeture de routes relativement aux rues McLean, Poplar, Walnut, Windsor, Amherst et Woodland, au croissant Eastmount, aux avenues Ashland et Elmwood et a une partie de ('avenue Rockwood, ainsi que du projet de modification de 1'arrete sur le zonage relatif au 186, rue Queen Ouest. 10.4 Street Closing - McLean Street On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up And Closing of Highways in The City of Saint John ", with regard to stopping up and closing permanently a portion of McLean Street, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up and Closing Of Highways in The City of Saint John" was read in its entirety. (Councillor Chang re- entered the meeting.) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", with regard to stopping up and closing permanently a portion of McLean Street, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". 10.4 Fermeture de la rue McLean Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete no M -23 modifiant 1'arrete concernant la fermeture et le barrage de routes dans The City of Saint John », relativement a la fermeture et au barrage de fagon permanente d'une partie de la rue McLean, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. 92 -76 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 L'arrete intitule « Arrete no M -23, modifiant 1'arrete concernant la fermeture et le barrage de routes dans The City of Saint John » est lu integralement. (Le conseiller Chang est de nouveau present a la reunion.) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete no M -23 modifiant 1'arrete concernant la fermeture et le barrage de routes dans The City of Saint John », relativement a la fermeture et au barrage de fagon permanente d'une partie de la rue McLean, 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 M -23 modifiant 1'arrete concernant la fermeture et le barrage de routes dans The City of Saint John ». 10.5 Street Closing - Poplar St., Walnut St., Ashland Ave., Elmwood Ave., Windsor St., Amherst St., Woodland St., Eastmount Crescent and portion of Rockwood Ave. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in The City Of Saint John ", with regard to stopping up and closing permanently a portion of Poplar Street, Walnut Street, Ashland Avenue, Elmwood Avenue, Windsor Street, Amherst Street, Woodland Street, Eastmount Crescent and Rockwood Avenue, be read. Question being taken, them motion was carried. The by -law entitled, "By -law Number M -23 a By -law To Amend A By -law Respecting the Stopping Up and Closing of Highways in The City Of Saint John" was read in its entirety. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John ", with regard to stopping up and closing permanently a portion of Poplar Street, Walnut Street, Ashland Avenue, Elmwood Avenue, Windsor Street, Amherst Street, Woodland Street, Eastmount Crescent and Rockwood Avenue, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in The City Of Saint John ". 10.5 Fermeture de routes relativement aux rues Poplar, Walnut, Amherst, Windsor et Woodland, au croissant Eastmount, aux avenues Elmwood et Ashland et a une partie de I'avenue Rockwood Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete no M -23 modifiant 1'arrete concernant la fermeture et le barrage de routes dans The City of Saint John », relativement a la fermeture et au barrage de fagon permanente d'une partie des rues Poplar, Walnut, Windsor, Amherst et Woodland, du croissant Eastmount, des avenues Ashland, Elmwood et de ('avenue Rockwood, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -23, modifiant 1'arrete concernant la fermeture et le barrage de routes dans The City of Saint John » est lu integralement. 92 -77 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete no M -23 modifiant 1'arrete concernant la fermeture et le barrage de routes dans The City of Saint John », relativement a la fermeture et au barrage de fagon permanente d'une partie des rues Poplar, Walnut, Windsor, Amherst et Woodland, du croissant Eastmount, des avenues Ashland, Elmwood et de ('avenue Rockwood, 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 M -23 modifiant 1'arrete concernant la fermeture et le barrage de routes dans The City of Saint John ». 10.6(a)Zoning By -law Amendment - 186 Queen St. West On motion of Councillor Chase Seconded by Councillor Chang RESOLVED that the by -law entitled, "By -law Number C.P. 110 -6, a Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 186 Queen Street West, having an area of approximately 465 square metres, also identified as being PID Number 365569, from "R 2" One and Two Family Residential to "SZ -19" Special Zone #19 classification, be read. Councillor Court questioned the level of fire safety in the structure and stated that he would like to see the Section 39 conditions address this issue. Mr. Edwards responded that at the time of construction and renovations his office would ensure that all standards are being met. Question being taken, the motion was carried with Councillor Court voting "nay ". The by -law entitled, "By -law Number C.P. 110 -6, a Law to Amend the Zoning By -law of The City of Saint John" was read in its entirety. 10.6(b)Section 39 Conditions - 186 Queen St. West On motion of Councillor Chang Seconded by Councillor McGuire RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 465 square metres, located at 186 Queen Street West, also identified as being PID Number 365569, with a group care facility for homeless women be subject to the condition that the use of the rezoned area is limited to a group care facility for a maximum of 10 homeless women and one apartment within the existing building, and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. Question being taken, the motion was carried with Councillor Court voting "nay" On motion of Councillor Chase Seconded by Councillor Chang RESOLVED that the by -law entitled, "By -law Number C.P. 110 -6, a Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 186 Queen Street West, having an area of approximately 465 square metres, also identified as being PID Number 365569, from "R- 2" One and Two Family Residential to "SZ -19" Special Zone #19 classification, be read.a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried with Councillor Court voting "nay ". Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -6, a Law to Amend the Zoning By -law of The City of Saint John ". 92 -78 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 Councillors Ferguson, Tait and White re- entered the meeting and Councillors Chang, Chase and Farren withdrew as they were not present for the 1St and 2 "d Reading of the proposed Zoning By -law Amendment for 660 Rothesay Avenue. 10.6a) Modification de I'arrete sur le zonage relativement au 186, rue Queen Ouest Proposition du conseiller Chase Appuyee par le conseiller Chang RESOLU que 1'arrete intitule « Arrete no C.P. 110 -6, modifiant 1'arrete sur le zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 186, rue Queen Ouest, d'une superficie approximative de 465 metres carres et portant le NID 365569, afin de faire passer la classification de zone residentielle - habitations unifamiliales et bifamiliales « R -2 » a zone speciale no 19 « SZ- 19 », fasse ('objet d'une lecture. Le conseiller Court demande si la structure est suffisamment protegee contre les incendies et indique qu'il souhaite appliquer les dispositions de I'article 39 dans ce cas. M. Edwards repond que ses employes s'assureront de respecter toutes les normes au moment de 1'execution des travaux de construction et de restauration. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. L'arrete intitule « Arrete no C.P. 110 -6 modifiant 1'arrete sur le zonage de The City of Saint John » est lu integralement. 10.6b) Conditions imposees par I'article 39 relativement au 186, rue Queen Ouest Proposition du conseiller Chang Appuyee par le conseiller McGuire RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi sur Furbanisme, le projet d'amenagement d'une parcelle de terrain d'une superficie d'environ 465 metres carres, situee au 186, rue Queen Ouest et portant le NID 365569, comprenant un centre de soins en groupe pour femmes sans -abri, soit assujetti a la condition selon laquelle ('usage de la propriete rezonee soit limite a un centre de soins en groupe destine a un nombre maximal de dix femmes sans -abri et un logement amenage a I'interieur du batiment existant et, de plus, qu'a la suite du rezonage du secteur, que le terrain et tout batiment ou construction qui s'y trouve soient amenages et utilises conformement a la proposition et aux conditions stipulees par les presentes. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. Proposition du conseiller Chase Appuyee par le conseiller Chang RESOLU que 1'arrete intitule « Arrete no C.P. 110 -6, modifiant I'arrete sur le zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 186, rue Queen Ouest, d'une superficie approximative de 465 metres carres et portant le NID 365569, afin de faire passer la classification de zone residentielle - habitations unifamiliales et bifamiliales « R -2 » a zone speciale no 19 « SZ- 19 », 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. Le conseiller Court vote contre la proposition. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -6 modifiant I'arrete sur le zonage de The City of Saint John ». Les conseillers Ferguson, Tait et White se presentent de nouveau a la reunion et les conseiller Chang, Chase et Farren quittent la reunion puisqu'ils etaient absents lors des premiere et deuxieme lectures du projet de modification de I'Arrete sur le zonage relativement au 660, avenue Rothesay. 92 -79 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 10.7 Zoning By -law Amendment - 660 Rothesay Ave. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that item 10.7 be lifted from the table. Question being taken, the motion was carried. 10.7(a)Zoning By -law Amendment - 660 Rothesay Ave. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number C.P. 110 -4, a Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 660 Rothesay Avenue, having an area of approximately 348 square metres, also identified as being a portion of PID Number 55118244, from "R -1 B" One Family Residential to "B -2" General Business classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110-4, a Law to Amend the Zoning By -law of The City of Saint John" was read in its entirety. 10.7(b)Section 39 Conditions - 660 Rothesay Ave. On motion of Councillor Titus Seconded by Councillor White RESOLVED that pursuant to Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 348 square metres, located at 660 Rothesay Avenue, also identified as being a portion of PID Number 55118244 with an accessory storage building be subject to the following conditions: a) the developer must install and maintain a minimum 3.3 -metre (11 -foot) wide landscaped strip along the easterly property boundary of the rezoned area, including grass and a row of coniferous (evergreen) trees having a minimum height of 1.2 metres (4 feet), spaced a maximum of 6 metres (20 feet) on centre, in accordance with a detailed plan to be prepared and submitted by the proponent and subject to the approval of the Development Officer; b) the detailed plan mentioned in condition (a) must be attached to the application for building permit for the proposed storage building; C) all improvements shown on the detailed plan mentioned in condition (a) must be completed within one year of approval of the building permit for the proposed storage building, and further that upon the re- zoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Tait RESOLVED that the by -law entitled, "By -law Number C.P. 110 -4, a Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 660 Rothesay Avenue, having an area of approximately 348 square metres, also identified as being a portion of PID Number 55118244, from "R -1 B" One Family Residential to "B -2" General Business 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 -4, a Law to Amend the Zoning By -law of The City of Saint John ". 92 -80 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /1-E 13 FEVRIER 2006 (Councillor Chase re- entered the meeting and Councillor White withdrew.) 10.7 Projet de modification de I'arrete sur le zonage relatif au 660, avenue Rothesay de discussion. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le point no 10.7 soit soumis aux fins A ('issue du vote, la proposition est adoptee. 10.7a) Projet de modification de I'arrete sur le zonage relatif au 660, avenue Rothesay Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete no C.P. 110 -4 modifiant I'arrete sur le zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 660, avenue Rothesay, d'une superficie approximative de 348 metres carres, portant le NID 55118244, afin de faire passer la classification de zone residentielle - habitations unifamiliales « R -1 B » a zone commerciale generale « B- 2 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -4 modifiant I'arrete sur le zonage de The City of Saint John » est lu integralement. 10.7b) Conditions imposees par I'article 39 visant le 660, avenue Rothesay Proposition du conseiller Titus Appuyee par le conseiller White RESOLU qu'en vertu des dispositions de I'article 39 de la Loi sur Furbanisme, I'amenagement propose aux fins commerciales d'une parcelle de terrain d'une superficie approximative de 348 metres carres, situee au 660, avenue Rothesay et portant le NID 55118244, comprenant un batiment accessoire aux fins d'entreposage, soit assujettie aux conditions suivantes : a) le promoteur doit installer et entretenir une bande de terre amenagee d'une largeur de 3,3 metres (11 pieds) longeant la limite est de la propriete dans le secteur rezone, y compris une pelouse et une rangee de coniferes (arbres a feuilles persistantes) d'une hauteur minimale de 1,2 metres (4 pieds), espaces a une distance maximale de 6 metres (20 pieds) du centre, conformement a un plan detaille devant titre dresse et presente par le demandeur, sous reserve de I'approbation de I'agent d'amenagement; b) le plan detaille susmentionne a la condition a) doit accompagner la demande du permis de construire relatif au batiment d'entreposage propose; C) toutes les ameliorations illustrees sur le plan detaille susmentionne a la condition a) doivent titre executees dans l'annee suivant I'approbation de la demande de permis de construction relatif au batiment d'entreposage propose; qu'a la suite du rezonage du secteur, les terrains et tout batiment ou construction qui s'y trouvent soient amenages et utilises conformement au projet et aux conditions enoncees aux presentes. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller Tait RESOLU que 1'arrete intitule « Arrete no C.P. 110 -4 modifiant 1'arrete sur le zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 660, avenue Rothesay, d'une superficie approximative de 348 metres carres, portant le NID 55118244, afin de faire passer la classification de zone residentielle - habitations unifamiliales « R -1 B » 6 zone commerciale generale « B- 92 -81 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 2 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no C.P. 110-4 modifiant I'arrete sur le zonage de The City of Saint John ». (Le conseiller Chase se joint de nouveau a la reunion et le conseiller White quitte la reunion.) 10.8 Municipal Plan By -law Amendment - Millidgeville Secondary Plan - Translation On motion of Councillor Tait Seconded by Councillor Titus RESOLVED that the by -law entitled, "By -law Number C.P. 105, a Law to Amend the Municipal Plan By -law" with regard to the Millidgeville Secondary Plan, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "By -law Number C.P. 105, a Law to Amend the Municipal Plan By -law ". Question being taken, the motion was carried. (Councillors Chang and Farren re- entered the meeting.) 10.8 Traduction du projet de modification de I'Arrete relatif au plan d'amenagement du plan secondaire de Millidgeville Proposition du conseiller Tait Appuyee par le conseiller Titus RESOLU que I'arrete intitule « Arrete no C.P. 105, modifiant I'arrete relatif au plan municipal » relativement au plan secondaire de Millidgeville, fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete no CP -105, modifiant I'arrete relatif au plan municipal ». A I'issue du vote, la proposition est adoptee. (Les conseillers Chang et Farren sont de nouveau presents a la reunion.) 10.9 Public Presentation - Proposed Municipal Plan Amendment 71 & 84 Kennedy Street Public presentation was made of a proposed amendment to the Municipal Development Plan which would re- designate on Schedules 2 -A and 2 -B of the Future Land Use Plan a 1,190 square metre parcel of land located at 71 Kennedy Street and a 450 square metre parcel of land located at 84 Kennedy Street, from Medium Density Residential to Light Industrial classification; and add the parcels of land with a total area of approximately 1,640 square metres, located at 71 and 84 Kennedy Street to the list of Approved Light Industrial Developments; to permit re- zoning of the properties from "RM -1" Three Storey Multiple Residential to 1 -1" Light Industrial as requested by 511789 N.B. Inc. 10.9 Presentation publique relative a la modification proposee du plan d'amenagement municipal visant les 71 et 84, rue Kennedy Une presentation publique a lieu relativement a la modification proposee du plan d'amenagement municipal, visant a modifier la classification aux annexes 2 -A et 2 -B de la carte d'amenagement futur des terres, une parcelle de terrain d'une superficie de 1 190 metres carres situee au 71, rue Kennedy et une parcelle d'une superficie de 450 metres carres situee au 84, rue Kennedy, pour faire passer la classification de zone 92 -82 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 residentielle de densitb moyenne a zone d'industrie legbre; et a ajouter les parcelles d'une superficie approximative de 1 640 metres carres, situees au 71 et au 84, rue Kennedy a la liste de projets d'amenagement approuves dans la zone d'industrie legbre; a permettre le rezonage des proprietbs pour les faire passer de zone d'immeubles a logements multiples de trois etages « RM -1 » a zone d'industrie legbre « 1 -1 », a la demande de 511789 N. -B. inc. 10.10 Proposed Municipal Plan Amendment - 336 Westmorland Rd. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the proposed Municipal Plan Amendment for 336 Westmorland Road be referred to the Planning Advisory Committee to schedule a public hearing which will be held in the Council Chambers. Question being taken, the motion was carried. 10.10 Projet de modification du plan municipal relatif au terrain situe au 336, chemin Westmorland Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le projet de modification du plan municipal relatif au 336, chemin Westmorland soit transmis au Comite consultatif d'urbanisme afin que soit fixee une date pour la tenue d'une audience publique dans la salle du conseil. A ('issue du vote, la proposition est adoptee. 11. Submissions by Council Members 11.1 Communications On motion of Councillor Tait Seconded by Councillor Ferguson RESOLVED that Common Council approve the addition of a project under the Vision 2015 Program to deal with the development of Corporate Communications; and that an Individual or Communications Firm be engaged to oversee this Project on a term basis with the initial term being for two years with an option to renew for an extended period if the project warrants. Question being taken, the motion was carried. 11. Intervention des membres du conseil 11.1 Communications Proposition du conseiller Tait Appuybe par le conseiller Ferguson RESOLU que le conseil communal approuve un projet supplementaire sous le volet du programme sur la Vision 2015 afin de traiter du developpement des communications commerciales; et que les services d'un particulier ou d'une entreprise de communications soient retenus pour gerer ledit projet pour une periode dbterminee de deux ans, ladite pbriode btant assujettie a une clause de reconduction si ledit projet le justifie. A ('issue du vote, la proposition est adoptbe. 11.3 Town Hall Meeting Date Councillor McGuire advised that a Town Hall Meeting is scheduled for Wednesday, February 15, 2006 from 7:00 p.m. until 9:00 p.m. in the Red Room, 8th Floor, City Hall for the International Student Group at UNBSJ. 11.3 Date de I'assemblee publique Le conseiller McGuire indique qu'une assemblee publique est prbvue le mercredi 92 -83 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 15 fevrier 2006 de 19 h a 21 h dans la salle rouge, au 8e stage de I'hotel de ville, a ('intention du groupe d'etudiants strangers de I'UNBSJ. 11.4 New Brunswick Community College On motion of Councillor Titus Seconded by Councillor Ferguson RESOLVED that the letter from Councillor Titus requesting an opportunity for Peter McGill, Principal of the NBCC to make a presentation to Council regarding the NBCC and the role it plays in our community, be referred to the Common Clerk to schedule a presentation. Question being taken, the motion was carried. 11.4 College communautaire du Nouveau - Brunswick Proposition du conseiller Titus Appuyse par le conseiller Ferguson RESOLU que la lettre presentee par le conseiller Titus, voulant qu'une occasion soit accordee a Peter McGill, directeur du CCNB, de se presenter devant le conseil relativement au role qu'assume le CCNB au sein de la collectivite, soit transmise au greffier communal afin qu'une date de presentation soit fixee a I'ordre du jour. A ('issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 Westmorland Road - Traffic Issues On motion of Councillor Farren Seconded by Councillor Titus RESOLVED that item 12.1 which was tabled on January 30, 2006 be lifted from the table. Question being taken, the motion was carried. 12.1 Westmorland Road - Traffic Issues On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from the City Manager in response to Council's resolution of January 16, 2006 regarding traffic issues on Westmorland Road, be received for information. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Questions relatives a la circulation sur le chemin Westmorland Proposition du conseiller Farren Appuyse par le conseiller Titus RESOLU que le point no 12. 1, reports lors de la reunion du 30 janvier 2006, soit soumis aux fins de discussion. A ('issue du vote, la proposition est adoptee. 12.1 Questions relatives a la circulation sur le chemin Westmorland Proposition du conseiller Titus Appuyse par le conseiller McGuire RESOLU que la lettre presentee par le directeur general suite a la resolution adoptee par le conseil le 16 janvier 2006 sur les questions relatives a la circulation sur le chemin Westmorland, soit acceptee 6 titre informatif. 92 -84 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /1-E 13 FEVRIER 2006 A ('issue du vote, la proposition est adoptee. 12.2 2006 General Specifications Revisions On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the report from the City Manager providing Council with an update regarding the 2006 General Specifications revisions, be received for information. Question being taken, the motion was carried. 12.2 Modifications apportees aux specifications generales 2006 Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que le rapport de mise a jour presente par le directeur general relativement aux modifications apportees aux specifications generales 2006, soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.3 Design and Construction Management - Millidgeville Wastewater Treatment Plant Upgrade On motion of Councillor Farren Seconded by Councilor Ferguson RESOLVED as recommended by the City Manager, Common Council approve the additional fee of $75,077.87 from ADI Limited to provide design and construction management services for the Millidgeville Treatment Plant Expansion project as outlined in the submitted report. During discussion Councillor Court expressed the opinion that the additional work should have been noted in the beginning of the project, not the end, and advised he could not support the motion. Councillor Farren referenced numerous problems with the above noted consultant to which Mr. Groody expressed the view that the additional charge was legitimate. Commenting briefly Councillor Chase noted this is the second additional charge for this project. Question being taken, the motion was carried with Councillors Chase, Court and Farren voting "nay ". 12.3 Gestion de la conception et de la construction : modernisation de I'usine de traitement des eaux usees de Millidgeville Proposition du conseiller Farren Appuyee par le conseiller Ferguson RESOLU que, comme le recommande le directeur general, le conseil communal approuve les frais supplementaires au montant de 75 077,87 $ demandes par ADI Limited relatifs aux services de gestion de la conception et de la construction du projet d'ag rand issement de I'usine de traitement des eaux usees de Millidgeville, tel que le souligne le rapport presente. Au cours de la discussion, le conseiller Court exprime son opinion, a savoir les travaux supplementaires auraient du titre notes au debut du projet plutot qu'a la fin et affirme qu'il ne peut appuyer la proposition. Le conseiller Farren mentionne un grand nombre de problemes survenus avec le consultant susmentionne et M. Groody indique qu'a son sens les frais supplementaires sont valables. Le conseiller Chase ajoute un bref commentaire, a savoir qu'il s'agit de la deuxieme fois que des frais supplementaires sont portes a ce projet. A ('issue du vote, la proposition est acceptee. Les conseillers Chase, Court et Farren votent contre la proposition. 92 -85 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 12.4 Consultant Services - Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection for 2005 and 2006 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Common Council approve the additional fee of $46,884.66 from Conquest Engineering Ltd. to provide Consultant Services for the Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection project during 2005 as outlined in the submitted report. Question being taken, the motion was carried. 12.4 Services consultatifs relatifs au beton asphaltique, aux betons de ciment Portland et a ('evaluation et ('inspection des sols pour 2005 et 2006 Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil communal approuve les frais suppiementaires au montant de 46 884,66 $ demandes par Conquest Engineering Ltd., relatifs aux services consultatifs visant le projet de beton asphaltique, de betons de ciment Portland et d'evaluation et d'inspection des sols pour 2005, comme le souligne le rapport presente. A I'issue du vote, la proposition est adoptee. 12.5 Engagement of Engineering Consultants - 2006 Capital Program On motion of Councillor Ferguson Seconded by Councillor Tait RESOLVED that as recommended by the City Manager, 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 2006 Water & Sewerage Utility Fund and General Fund Capital Programs with the proposed consultants identified in the "Consultant Engagements" outlined in the submitted report. (Councillor Titus withdrew from the meeting.) Question being taken, the motion was carried. 12.5 Nomination d'ingenieurs- conseils - Programme d'immobilisation de 2006 Proposition du conseiller Ferguson Appuyee par le conseiller Tait RESOLU que, comme le recommande le directeur general, nonobstant la politique d'approvisionnement de la Ville relativement au recours a des services professionnels, le conseil autorise le personnel a entretenir des negociations relativement au recours a des ingenieurs- conseils afin d'effectuer les services de gestion visant la conception et la construction au moyen du programme de fonds relatif au service d'aqueduc et d'egouts pour 2006 et le programme de fonds generaux d'immobilisations, les conseillers etant identifies au tableau indiquant les services de conseillers inclus dans le rapport presente. (Le conseiller Titus quitte la reunion.) A I'issue du vote, la proposition est adoptee. Motion to Extend Meeting until 11:00 p.m. On motion of Councillor Court Seconded by Councillor Ferguson RESOLVED that Council meeting proceed beyond the designated adjournment time of 10:00 p.m. to 11:00 p.m., as provided for in the Procedural By -law. 92 -86 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /1-E 13 FEVRIER 2006 Question being taken, the motion was carried. Proposition visant a prolonger la reunion jusqu'a 23 h Proposition du conseiller Court Appuyee par le conseiller Ferguson RESOLU que I'heure de cloture de la seance du conseil soit prolongee de 22 h a 23 h, en vertu de I'arrete sur le reglement interieur. A I'issue du vote, la proposition est adoptee. 12.6 Acquisition for Connector for LFP Hiking Trail On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, The City of Saint John acquire a right -of -way for the connection of two parcels of Land for Public Purposes (LPP -5 and LPP -6), in a 27 square metre ± portion of PID Number 55175392 from Drury Cove Developments Inc. for the sum of $1.00, as generally shown on the submitted sketch. As part of the transaction the City shall: a) prepare and pay for any plan of survey required; b) reinstate the subject property to a condition that existed prior to construction; and C) the Mayor and Common Clerk be authorized to sign any documents required to formalize this transaction. Question being taken, the motion was carried. 12.6 Acquisition d'une voie de communication pour le sentier de randonnee pedestre LFP Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, The City of Saint John acquiere le droit de passage aux fins d'amenagement d'une voie de communication entre deux parcelles de terrain aux fins d'utilite publique (LPP -5 et LPP -6), sur une partie du terrain d'une superficie approximative de 27 metres carres, portant le NID 55175392, appartenant a Drury Cove Developments Inc., pour la somme de 1 $, comme le montre de maniere generale le croquis presente. En vertu de ladite transaction, la ville convient de respecter les modalites prevues ci- dessous, comme suit: a) la preparation des plans d'arpentage necessaires et le paiement de ces derniers; b) le retablissement de ladite propriete dans des conditions semblables a celles qui prevalaient avant I'amenagement; C) I'autorisation accordee au maire et au greffier communal visant la signature de toute documentation requise afin de conclure ladite transaction. A I'issue du vote, la proposition est adoptee. 12.7 Public Hearing Dates - 411 Cushing St. and 217 -225 Victoria St. On motion of Councillor Farren Seconded by Councillor Chase RESOLVED that as recommended by the City Manager, Common Council schedule the Public Hearings for the re- zoning applications of Thomas & Cathryn Cameron, 411 Cushing Street, and ONE Change Inc., 217 -225 Victoria Street, for Monday, March 13, 2006 at 7:00 p.m. in the Council Chamber and Common Council waive the $400. re- zoning application fee with respect to the application of ONE Change Inc. Question being taken, the motion was carried. 92 -87 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 12.7 Dates d'audiences publiques relatives au 411, rue Cushing et au 217 -225, rue Victoria Proposition du conseiller Farren Appuyee par le conseiller Chase RESOLU que, comme le recommande le directeur general, le conseil communal fixe les dates d'audiences publiques relatives aux demandes de rezonage presentees par Thomas et Cathryn Cameron, residant au 411, rue Cushing et ONE Change Inc., situee au 217 -225, rue Victoria, au lundi 13 mars 2006 a 19 h dans la salle du conseil et que le conseil communal renonce aux droits de demande de rezonage au montant de 400 $ relatifs a la demande deposee par ONE Change Inc. A I'issue du vote, la proposition est adoptee. 12.8 Coast Guard Site - Site Testing On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, The City of Saint John advise the Hardman Group Limited that it is prepared to cost share on a 50/50 basis the maximum total investment of $75,000. required to undertake soil, environmental and structural testing of the Coast Guard Site and the City owned parking lot and further; the City grant access and permission to Hardman Group or its agents to conduct the required test on the City owned parking lot, and further Common Council write the appropriate officials seeking both access and permission to allow similar tests to be carried out on the balance of the Coast Guard Site and further; that the Saint John Parking Commission be advised of this approval and that the Hardman Group Ltd. or its agents be in touch shortly to make the necessary arrangements. Question being taken, the motion was carried. 12.8 Analyse des lieux occupes par la Garde c6tiere Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, The City of Saint John avise Hardman Group Limited qu'elle est prste a partager les couts jusqu'a concurrence de 50 % du montant d'investissement maximal de 75 000 $ exiges afin d'entreprendre les travaux d'analyse du sol, de 1'environnement et de la structure des biens -fonds occupes par la Garde Cotiere et de I'aire de stationnement appartenant a la Ville; que la Ville autorise Hardman Group ou ses mandataires I'acces a 1'emplacement afin d'y effectuer des travaux d'evaluation sur I'aire de stationnement appartenant a la Ville et que le conseil communal communique par ecrit aux responsables pertinents afin d'obtenir I'acces a 1'emplacement appartenant a la Garde Cotiere pour y effectuer des evaluations semblables sur le reste de 1'emplacement; que la Commission sur le stationnement de Saint John soit avisee de cette autorisation et que Hardman Group Ltd. ou ses mandataires communiquent avec cette derniere sans delai afin de prendre les dispositions necessaires. A I'issue du vote, la proposition est adoptee. 12.9 Stop Up and Closure of a Public Road - Derby St. On motion of Councillor Ferguson Seconded by Councillor Chang RESOLVED that as recommended by the City Manager, Common Council authorize the publishing of a notice of its intention to consider the passing of a By -Law to Stop Up and Close a 1530 +/- sq. m right of way, known as Derby Street, as generally shown on the submitted sketch. Question being taken, the motion was carried. 92 -88 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /1-E 13 FEVRIER 2006 12.9 Fermeture et barrage d'une route publique, a savoir la rue Derby Proposition du conseiller Ferguson Appuyee par le conseiller Chang QUE, comme le recommande le directeur general, le conseil communal autorise la publication d'un avis indiquant son intention d'adopter un arrete visant la fermeture et le barrage du droit de passage d'une superficie approximative de 1 530 metres carres, connu sous le nom de la rue Derby, comme I'indique de fagon generale le croquis presente. A I'issue du vote, la proposition est adoptee. 12.10 Sale of City Land on Eldersley Ave. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that as recommended by the City Manager; Common Council rescind its resolution of July 30, 1979 to sell a 11,500 sq. ft. parcel of land to Frederick Gray at a price of $2,300. and 2. The City of Saint John sells its fee simple absolute interest in PID Number 55155063 to Mr. and Mrs. Frederick Gray of 680 Eldersley Avenue for $5,000. plus HST on or before April 30, 2006 and that the Mayor and Common Clerk be authorized to sign any documents required to finalize the transfer. Question being taken, the motion was carried. 12.10 Vente d'un bien -fonds municipal situe sur I'avenue Eldersley Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general : 1. le conseil communal revoque la resolution adoptee le 30 juillet 1979 visant a vendre une parcelle de terrain d'une superficie de 11 500 pieds carres a Frederick Gray pour la somme de 2 300 $; 2. que The City of Saint John procede a la vente en fief simple et interet absolu du bien -fonds portant le NID 55155063 a M. et Mme Frederick Gray, residant au 680, avenue Eldersley, pour la somme de 5 000 $, TVH en sus, au plus tard le 30 avril 2006 et que le maire et le greffier communal soient autorises a signer toute documentation exigee pour conclure ledit transfert. A I'issue du vote, la proposition est adoptee. 12.11 City Solicitor - Proposed Grant of Land - 217 Victoria St. On motion of Councillor Ferguson Seconded by Councillor Court RESOLVED that The ONE Change Inc. be authorized to apply for the re- zoning of PID Number 375956 (217 Victoria Street) from "RM -1" Three Storey Multiple Residential to "B -2" General Business Classification; and further that in the event the said re- zoning is enacted, that the City pursuant to Section 90.01 of the Municipalities Act make a grant to ONE Change Inc. of the freehold title to the said lands upon the express condition that the conveyance to ONE Change Inc. shall reserve in favour of The City of Saint John a sole and exclusive option irrevocable for and during the term limited hereby to purchase the lands hereby granted free from all encumbrances for the purchase price of $1.00 which option shall arise in each of the following circumstances: (1) the construction upon land designated by PID Number 375964 and PID Number 375956 of a two storey building having a replacement value of at least $160,000. has not been substantially completed by December 31, 2006; and (2) a Lease providing for the exclusive use by the Saint John Police Force of approximately 75% of the ground floor area of the said building and upon terms acceptable to the Board of Police Commissioners for The City of Saint John, has not been executed by 92 -89 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 ONE Change Inc. prior to July 1 st, 2006. Such option shall be open for acceptance for a period of ninety (90) days from the date of its arising and may be accepted by notice in writing delivered personally to ONE Change Inc. or posted by certified mail to the company at 195 Victoria Street, Saint John, NB, E2K 1 L7. In the event that the City exercises the option herein reserved, the company shall not later than fourteen (14) days immediately thereafter, deliver to the City a conveyance in registerable form in exchange for the purchase price in cash. Question being taken, the motion was carried. 12.11 Avocat municipal : Subvention relative aux biens -fonds situes au 217, rue Victoria Proposition du conseiller Ferguson Appuyee par le conseiller Court RESOLU que ONE Change Inc., soit autorisee a deposer une demande de rezonage relative au terrain portant le NID 375956 (le 217, rue Victoria) afin de faire passer la classification de zone d'immeubles a logements multiples de trois etages « RM -1 » a zone commerciale generale « B -2 »; dans le cas ou ledit zonage est adopte, que la Ville, en vertu de I'article 90.01 de la Loi sur les municipalifes, accorde en tant que subvention a ONE Change Inc., le titre franc desdits terrains sous la condition expresse que I'acte de transfert au nom de One Change Inc. reserve en faveur de The City of Saint John ('option exclusive irrevocable pendant la duree stipulee par les presentes visant a acquerir les biens -fonds cedes par les presentes libres de grevements pour le prix d'achat de 1 $, laquelle option survient en vertu de chacune des circonstances suivantes : 1) la construction sur le terrain designe par les NID 375964 et 375956 d'un immeuble a deux etages d'une valeur de remplacement d'au moins 160 000 $ n'est pas suffisamment terming avant le 31 decembre 2006; 2) un bail prevoyant ('utilisation exclusive par le corps de police de Saint John d'environ 75 % de la superficie du rez- de- chaussee dudit immeuble conformement aux dispositions qui conviennent au Bureau des commissaires de la police de Saint John n'a pas ete signe par ONE Change Inc., au plus tard le 1 er juillet 2006. Ladite option est offerte aux fins d'acceptation pour une periode de quatre - vingt -dix (90) jours a compter de la date de presentation et peut titre acceptee au moyen d'un avis ecrit remis en personne a ONE Change Inc., ou expedie par courrier recommande a 1'entreprise au 195, rue Victoria, Saint John, N. -B. (E2K 11-7). Dans le cas ou la Ville exerce ('option tenue en reserve par les presentes, 1'entreprise doit, au plus tard quatorze (14) jours suivant la date d'acceptation de ('option, livrer a la Ville un acte de transfert dument complete aux fins d'enregistrement, en echange du prix d'achat en argent comptant. A I'issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Planning Advisory Committee - Proposed Widening Bentley St. Right -of- Way On motion of Councillor Court Seconded by Councillor Farren RESOLVED that Common Council assent to the subdivision of an approximately 34 square metre (366 square feet) portion of the Greens Industrial Catering property, located at 59 Bentley Street (PID 00334854) with respect to the proposed widening of the Bentley Street public street right -of -way as generally illustrated on the submitted tentative subdivision plan prepared by Hughes Surveys & Consultants Inc., dated November 29, 2005. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme relativement au projet d'elargissement du droit de passage de la rue Bentley Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que le conseil communal autorise le lotissement d'une partie du terrain d'une superficie de 34 metres carres (366 pieds 92 -90 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 carres) de la propriete appartenant a Greens Industrial Catering, situee au 59, rue Bentley (NID 00334854), relativement a I'elargissement propose du droit de passage sur la rue Bentley, comme I'illustre de maniere generale le plan de lotissement provisoire presente, dresse par Hughes Surveys & Consultants Inc., date du 29 novembre 2005. A I'issue du vote, la proposition est adoptee. 13.2 Planning Advisory Committee - Fieldstone Estates Subdivision - 1965 Sandy Point Rd. On motion of Councillor Farren Seconded by Councillor Court RESOLVED that Common Council: Assent to the submitted revised photo- reduced tentative subdivision plan of the Fieldstone Estates Subdivision, and to any required municipal services or public utility easements. 2. Authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 3. Assent to the proposed Land for Public Purposes dedication of approximately 7,786 square metres. 4. Authorize cost - sharing outside the limits of the subdivision in accordance with Section 26 of the Subdivision By -law. Question being taken, the motion was carried. 13.2 Comite consultatif d'urbanisme relativement au lotissement Fieldstone Estates situe au 1965, chemin Sandy Point Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que le conseil communal 3. approuve la photo reduite modifiee du plan de lotissement provisoire presente relativement au lotissement Fieldstone Estates ainsi que toute emprise exigee aux fins de services municipaux et de services d'utilite publique; 4. autorise la redaction et la signature de conventions de lotissement entre la Ville et le promoteur afin de permettre I'execution des travaux requis et la mise en place des installations necessaires, notamment en ce qui concerne I'Maboration de plans de situation et de drainage detailles soumis a I'approbation de I'ingenieur municipal en chef; 3. consente a I'affectation proposee d'un terrain d'utilite publique d'une superficie approximative de 7 786 metres carres; 4. autorise le partage des couts au -dela des limites du projet de lotissement conformement a I'article 26 de I'arrete concernant le lotissement. A I'issue du vote, la proposition est adoptee. 13.3 Vision 2015 - Program of Excellence On motion of Councillor Farren Seconded by Councillor Court RESOLVED that Common Council approve the engagement of Being First from Durango Colorado to provide professional services as detailed in the submitted contracts in support of implementation of the Vision 2015 Program of Excellence and the Mayor and Common Clerk be authorized to sign the submitted agreements. Question being taken, the motion was carried. 92 -91 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 13.3 Vision 2015 — programme d'excellence Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que le conseil communal approuve le recrutement de 1'entreprise Being First, de Durango Colorado, pour fournir les services professionnels detailles en vertu des contrats presentes afin de faciliter la mise en oeuvre de la Vision 2015: programme d'excellence et que le maire et le greffier communal soient autorises a signer les contrats presentes. A I'issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Letter from Irving Oil Regarding Water Rates On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that the letter from Irving Oil Ltd. responding to questions raised regarding the water rates they pay, be received for information. Councillor Court commented regarding the contents of the letter from Irving Oil. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Lettre reque de Irving Oil relative aux tarifs d'eau Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que la lettre regue de Irving Oil repondant aux questions soulevees relatives aux tarifs d'eau qu'ils assument, soit acceptee a titre informatif. Le conseiller Court commente le contenu de la lettre reque de Irving Oil. A I'issue du vote, la proposition est adoptee. 14.2 Letter from Dynamic Construction Corp. - Invoice for Compensatory Storage On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the letter from Dynamic Construction Corporation Ltd. submitting an invoice for compensatory water storage, be received for information. A brief discussion followed with Mr. Totten advising that he would attempt to bring a report back to Council on this issue. Question being taken, the motion was carried. 14.2 Lettre reque de Dynamic Construction Corp. relative a la facture de stockage compensatoire Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que la lettre reque de Dynamic Construction Corp., soumettant une facture pour services compensatoires de stockage des eaux, soit acceptee a titre informatif. Une breve discussion s'ensuit et M. Totten indique qu'il tentera de faire le compte rendu de la question devant le conseil a une date ulterieure. 92 -92 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /1-E 13 FEVRIER 2006 A ('issue du vote, la proposition est adoptee. 15. General Correspondence 15.1 Letter from Mispec Park Assoc. Request for Funding On motion of Councillor Ferguson Seconded by Councillor Court RESOLVED that the letter from Brian Harris, Chairman of the Mispec Park Association requesting a grant of $23,550. to operate the Park for the upcoming season, be referred to the City Manager. Question being taken, the motion was carried. 15. Correspondance generale 15.1 Lettre de demande de financement reque de I'association du parc Mispec Proposition du conseiller Ferguson Appuyee par le conseiller Court RESOLU que la lettre de demande de financement reque de Brian Harris, president de I'Association du parc Mispec, au montant de 23 550 $ destines a 1'exploitation du parc pour la prochaine saison, soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. 15.2 Letter from Sheila Curwin and Darlene Richard Regarding Proposed LNG Pipeline Route On motion of Councillor Chase Seconded by Councillor Farren RESOLVED that the letter from Sheila Curwin and Darlene Richard requesting that Council clarify their position with regard to the proposed LNG pipeline, and inquiring if there has been a response to the letter sent to the Province, be received for information. Question being taken, the motion was carried. 15.2 Lettre reque de Sheila Curwin et de Darlene Richard relative au projet du trace du pipeline de gaz naturel liquefie Proposition du conseiller Chase Appuyee par le conseiller Farren RESOLU que la lettre regue de Shiela Curwin et de Darlene Richard voulant que le conseil expose sa position relative au projet de pipeline de gaz naturel liquefie et demandant si une reponse a ete regue a la lettre expediee a la Province, soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 15.3 Letter from Crescent Valley Community Tenants Assoc. Concerning Sidewalks On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the letter from Janet McLaughlin, President of the Crescent Valley Community Tenants Association inquiring when the sidewalk and curb work in the Crescent Valley area will begin, noting this work was part of a Capital Works Program which started in 2003; be referred to the City Manager for a report back to Council. Question being taken, the motion was carried. 92 -93 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 15.3 Lettre reque de I'Association des locataires de la collectivite de Crescent Valley relative aux trottoirs Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que la lettre regue de Janet McLaughlin, presidente de I'Association des locataires de la collectivite de Crescent Valley, voulant connai"tre la date d'execution des travaux de trottoirs et de bordure dans le secteur Crescent Valley, soulignant qu'il s'agit de travaux entames en 2003 sous le volet du programme de travaux d'immobilisations, soit transmise au directeur general aux fins de presentation d'un rapport au conseil. A ('issue du vote, la proposition est adoptee. 15.4 Letter from Patricia Dashwood Regarding Limitation of Speaking Publicly On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that the letter from Patricia Dashwood objecting to the limitation placed on speaking publicly at Council meetings, be received for information. Question being taken, the motion was carried. 15.4 Lettre reque de Patricia Dashwood relative a la limite de temps imposee au public pour s'exprimer Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que la lettre reque de Patricia Dashwood, s'opposant a la limite de temps imposee au public pour s'exprimer pendant les reunions du conseil, soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 15.5 Letter from Mary Hovey suggesting Safety By -law for Double Swinging Doors On motion of Councillor Court Seconded by Councillor Ferguson RESOLVED that the letter from Mary Hovey requesting that the City adopt a by -law that all double swinging doors have visible indications as to whether to push or pull the doors to open properly, be referred to the City Manager. Question being taken, the motion was carried with Councillor Farren voting "nay ". 15.5 Lettre reque de Mary Hovey suggerant un arrete concernant la securite pour les portes a deux battants Proposition du conseiller Court Appuyee par le conseiller Ferguson RESOLU que la lettre reque de Mary Hovey voulant que la Ville adopte un arrete stipulant que toutes les portes a deux battants doivent titre munies d'une affiche indiquant si telle porte doit titre poussee ou tiree afin de I'ouvrir correctement, soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. 92 -94 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 15.6 Letter from Eric Teed - Reduction of Energy Consumption On motion of Councillor Court Seconded by Councillor Chang RESOLVED that the letter from Eric Teed regarding reduction of energy consumption by the use of efficiency lighting, be received for information. Question being taken, the motion was carried. 15.6 Lettre reque d'Eric Teed concernant la reduction de la consommation d'energie Proposition du conseiller Court Appuyee par le conseiller Chang RESOLU que la lettre reque d'Eric Teed relative a reduction de la consommation d'energie au moyen de ('utilisation d'eclairage efficace, soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 15.7 Letter from Saint John Bark Park Committee re Dog Park Project On motion of Councillor Ferguson Seconded by Councillor McGuire RESOLVED that the letter from the Saint John Bark Park Committee requesting an opportunity to appear before Council on March 13, 2006 regarding a dog park project in Rockwood Park, be referred to the Common Clerk to schedule a presentation. Question being taken, the motion was carried. 15.7 Lettre reque de Sant John Bark Park Committee [comite sur les pares canins de Saint John] relative au projet de parc canin Proposition du conseiller Ferguson Appuyee par le conseiller McGuire RESOLU que la lettre reque du comite sur les pares canins, voulant une occasion a se presenter devant le conseil le 13 mars 2006 pour discuter d'un projet de parc canin amenage dans le parc Rockwood, soit transmise au greffier communal pour qu'une date soit fixee a I'ordre du jour. A ('issue du vote, la proposition est adoptee. 15.8 YM -YWCA and Canada Games Aquatic Centre Request to Present On motion of Councillor Ferguson Seconded by Councillor McGuire RESOLVED that the letter from Pat Davis, CEO Saint John YMCA -YWCA requesting an opportunity to appear before Council regarding the transfer of property, be referred to the Common Clerk to schedule a presentation; and Council be provided with a business case on this matter. Question being taken, the motion was carried. 15.8 Demande reque de YMCA/YWCA et le Centre aquatique des Jeux du Canada voulant se presenter devant le conseil Proposition du conseiller Ferguson Appuyee par le conseiller McGuire RESOLU que la lettre reque de Pat Davis, chef de la direction de YMCA /YWCA, voulant une occasion de se presenter devant le conseil relativement au transfert de biens- fonds, soit transmise au greffier communal pour qu'une date de presentation soit fixee a I'ordre du jour, et qu'une analyse de rentabilite soit presentee au conseil sur la question. 92 -95 COMMON COUNCIL /CONSEIL MUNICIPAL FEBRUARY 13, 2006 /LE 13 FEVRIER 2006 A ('issue du vote, la proposition est adoptee. 16. Adjournment The Mayor declared the meeting adjourned at 10:50 p.m.. 16. Cloture de la reunion Le maire declare que la seance est levee a 22 h 50. Common Clerk /greffier communal Atlantic Health Sciences Corporation Corporation des sciences de la sante de I'Atlantique P.O. Box / C.P. 5200, Saint John, N.B. Canada E2L 414 Tel. X506) 648 -6000 February 13, 2006 City of Saint John P. O. Box 1971 Saint John, NB E2L 40 Dear Mayor MacFarlane and Members of Council: Sudden cardiac arrest (SCA) is one of the leading causes of death in this country. SCA can happen to anyone, anytime, anywhere and sometimes in extreme conditions. A defibrillator is the only known device /technique that stops chaotic electrical heart activity and allows the heart to re -pace itself to a normal rhythm. Cities across Canada, including Calgary, Oakville and Burlington now have a Public Access Defibrillation Program in their community. A local steering committee with representation from first responders and businesses in the Saint John area has been struck to encourage adoption of this life- saving program in Saint John. We ask for your support. We would be pleased to be on a City Council agenda to present more information. We also ask that as Mayor, you promote and encourage businesses to participate as we market this program in the Saint John area. We ask that you take the time to read the enclosed brochure that outlines more about the program. This is your opportunity to support a program that can help to save the lives of cardiac arrest victims in your community. I have arranged for our Public Access Defibrillation Co- Ordinator, Mary Lou Price, to contact your office in the near future. If you have questions in the interim, feel free to contact me directly at 648 -7007. �ncerely , I Watson Region Manager Emergency Medical Services Atlantic Health Sciences Corporation c 3 m ] C « d m c C c L N L �r3 C m � Noa r Z O O C c O ImCL ] Q H N T m C N 0 c0£ C O O O: w w _ c d O m O C C Q °3r'n0a o o O O m 0 ] U u 2 m a R mmE'EYO0 U Qj ° V — C C IO Y L O° U N U a > > v_0 3 C E `0 c '0 0 .0 o "E o > s m 00 cac - E M > y o m o 0 c rnE ei L L y a U X a U S N c E w m m> Ic p a« 30 a �' E N c N V L 0 m U E m C N ON`1 O. � «Ya U N N L A( 7 a°1o�3Uo c Ea L m m 0 V E i a c •° m N C y y m O > L O C UL ° £ c E C'j �� LO m OdE> x -2 O O E rn'O-. o 'm 0 �OLOm0V) 0 Oi = E O CO m L "°f C 3 O0m « F « a E --c c d m a N ° 0 O c O m w a O a m a� m E R m E o o N c o L U y w w y 0 .>_ 7 3 «L m 4 L U U MEN c >� = c C 0 —° ac 10 m d CL O O a 3 0 ` c a° aE 0 �« G N 0 I J J m y m m V U O y ° m m O M T U mx m i O o. � c y a E m Y 7 m N Eta a w0Co. c N M -0 c y N C m r O C � U goo m 3 ' N m V d 7 do 32 O m Qa12 0 U a L O a d a O 0 N U a 0 E O_ 3 O N « N 0 w d C E E 0 U 7 O O 0 O a a 7 w w a U C m a m a C m C O cOj Q1 m 7 N° O d C m d m m c O U > NV 7 p O m � - N d C C. N a O C 2 T mma c c E v '� 0 m a m U C a c m m w I £ .L.— U •O « > 0 3 m U O G'C m E? m t T cw= m ` m o ] ] c y V O y 0 C'E TY O m O m CL a = o • d .0 o m >° 7 C m >C O N m c N � ] a Em m O C o a c m m C y A U V7 ] a c m N d= Eo 0 6 N E c T — N N 0 c O C .m U �a N ° .� £ .E da M � d V a C m m U to O � w o O O a w c o m m m O m i y y Y y a s c p L R 0 CM n m m N U w m Y LL c c_ 3 N v rn— c O m Q U _y 3 ca « c m 0 a` E m O N a C d N o c N � O U U ° O t0 N 6 y rnd C � m m m N a U � C E o ° a 3 > L °- m m y 3' >- >O ` N Y U N C �> 3 N c O. N m y '- 0 a U O. w< ¢ o m E d= E d c° Q U >« m Y o L m 3 0— m Y u m« a o 0 m H m° m L c° c°° U a m E E Lm. o c° o c° a a o m` C a'c m ° Y N m m O« is '> d m m w a.j W (n 0 00 a 0 m L W L U L c d C m �. .i m = _ raD M. m a ` 1 s C a ycc '= aaxio° s O U N m L loot y 0 E m o 0 ° N > y C$@ cc m y.rnoH °uu �E °Emm.S0002°0 boom 0 0 a 3 9 N U ] n Q o3 0 O Tm U u ? O y 0 ip w 0 ip m N?= C C H C o y W21 H a_a0V.E N > o ma o N _>0.°0 0 o o N a IC b, s F L O E 3R a L o "u M y d H ` o o ao amNmma�wa ADMINISTRATION PORTUAIRE DE SAINT JOHN February 17, 2006 Mayor Norm McFarlane and Members of Common Council City of Saint John P.O. Box 1971 Saint John, New Brunswick E2L 4118 Dear Mayor and Council: The Saint John Port Authority would appreciate an opportunity to appear before Common Council to provide an update on current Port activities and initiatives. If possible, a date in late -March would be much appreciated. We appreciate your consideration of our request and look forward to hearing from you in due course. Yours sincerely, JOHN PORT AUTHORITY and CEO AGS /pcs 133 Prince Wiliam Stwt, 51" Fbor / 5e &, • Saint John • NB • Canada • E2L 2B5 Tel. / Td: 506.636.4869 • Fax / Tdec : 506.636.4443 • &mail / Courtid : port@sjportcom • ww pon wm Saint John Parking Commission Commission sur le stationnement de Saint John February 22, 2006 His Worship Mayor Norman McFarlane & Members of Common Council P.O. Box 1971 Saint John, NB E2L 4L! Your Worship & Members of Common Council: RE: Request for Presentation 11th Floor, City Hall, llieme Etage, HMO de Ville P.O. Box 1971 l C.P. 1971 Saint John, N.B. /N. -B. E2L 41_1 Tel / Tel: (506) 658 -2697 Fax/ Telecopieur: (506) 649 -7938 E-mail/ Courriel: parking Qsaintjohn.ca The Saint John Parking Commission respectfully requests to make a brief presentation on the Strategic Parking Plan, Phase 2 Study, on Monday, March 13, 2006. The consultant, Ralph Bond, BA Group, is scheduled to be in Saint John on this date and he will be available to brief Common Council and answer questions concerning the information contained in his report. We look forward to your response. Yours tru J. Smith Manager www.saintjohn.ca DOWNTOWN MINISTERS ASSOCIATION c/o 117 Germain Street Saint John, NB E2L 1E9 February 22, 2006 The Mayor and members of Common Council City of Saint John City Hall Saint John, New Brunswick Your Worship, and Members of Common Council, The Downtown Ministers' Association is a group of some 18 clergypersons serving in downtown and midtown Saint John, representing nine Christian communions, both Protestant and Roman Catholic. As individuals, and as a group, we have taken great interest in the proposal, currently before Common Council, to establish a possible "racino" within our city. In the course of our ministries, some of us have seen the human costs of such operations, and we have at times been called upon to provide assistance to persons whose lives have been impacted by gambling in many forms. Accordingly, we wish to request Common Council's permission, to appear before council in order to share our concerns about this important matter at some point before the issue is settled. We feel that our input as concerned and informed citizens will contribute towards helping council members to put the "racino" issue in the widest possible context and perspective prior to making any definitive decision that could have major consequences for our community. We would also seek permission for local members of "Kairos" to be heard as part of our presentation. "Kairos" is a national justice coalition jointly sponsored by many of the Christian communions represented within the Downtown Ministers' Association, and our group and "Kairos" share many members here in Saint John. However, "Kairos" includes persons from other religions within its membership, and we would hope to include them and their perspective within our presentation. We wish to thank you for giving careful consideration to our request for time before common council. Respectfully yours, The Rev. Dr. Paul A. Brown President, Downtown Ministers' Association SAINT JOHN INDUSTRIAL PARKS McAllister • Spruce Lake • Grandview February 15, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: Please accept this letter as my resignation of my appointment by Council to the Board of Directors of Saint John Industrial Parks Ltd. I tender this resignation effective March 31, 2006, or earlier, at your discretion. I would also stress the importance of Council making several appointments to the Board as soon as possible. My resignation brings us to three vacancies on a Board of nine. It is imperative that a functioning board, with appropriate signing authorities in place, continue uninterrupted in order for the Company to continue land sales and development of the parks as provided for in our mandate. I thank you for the opportunity to serve our City but feel the time to step aside has come. Sinc , Peter Trites, Director Attachment Saint John Industrial Parks Ltd, P.O. Box /C.P. 1971 Phone/Tel: 506- 649 -6070 Saint John, NB /N. -B. Fax /T616c 506 -658 -2837 Canada E2L4L1 industrialparks@saintiohn.ca Dear potential sponsor: My name is Ashley Renee Clarke, I am sixteen years old and I am representing the City of Saint John at this years "Miss Teen New Brunswick International" beauty pageant in Moncton, New Brunswick. This title brings exceptional opportunities such as travel, and the possibility to participate in numerous functions and the chance to be an ambassador for A teenagers in the province. To be given an opportunity to make a difference with today's youth and to proudly represent the region I come from would be a dream come true for me. I currently am in grade eleven at Simonds High School whereby I enjoy English and Biology. Someday I hope to join the medical profession. I am active in basketball, and cheerleading. I also volunteer to assist with basketball games after school with by time keeping and scoring the game. I have a part time job with the Dollarama and work about 20 hours per week. I have participated in over a dozen pageants through out my life. I was crowned Little Miss Blueberry and Little Miss Blacks Harbor. I was the 1 sc princess of the Miss Pre - Teen international Pageant and I have won three Sunburst pageants, as well I was crowned Miss Sweetheart at the Fundy Coast Pageant. I am familiar with how pageants operate, and I know I will work hard to represent you well. The "Miss Teen New Brunswick International" Pageant will be held in the Capital Theater, on May 13s', 2006. The entrance fee for this pageant is $900.00. I have worked hard to raise the money by selling baked goods, preparing a gift basket raffle among other things. However, I will need the support of my community to help me realize my dream. As a token of my appreciation for your support, I will be thanking my sponsors publicly in the Telegraph Journal Newspaper. Although it would not adequately express my appreciation for your support, it is an opportunity to show the public that your company does care about the youth of our community. I have taken the liberty of enclosing some promotional material, which might help you decide if you would like to contribute. Please feel free to contact me, if you have any questions or would like further information. I can be reached at 658 9855. If you have any questions regarding the authenticity of myself as a delegate or with regards to the pageant itself, you may contact a representative directly at 1 -866- 932 -2233. Thank you for your consideration and your anticipated support. I look forward to hearing from you. Sincerely, Ashley Clarke Z 4 cam C�,L� C E2P„3q /1 /( j65 national 412 GrauvinRd. Dieppe, N.B. EIA 1MI Tdldphone/Phone:(506)858 -2345 Toll Free:1- 866- 3facade Tdl&opieur /Far:(506) 854 -6506 Email. websne November 17'h,2006 Ashley Clarke Saint John Dear Ashley, We are proud in having you as a delegate in the Miss Teen New Brunswick International 2006 Pageant held in the City of Moncton, New Brunswick on the week of May 6`h to the 141h 2006. We are sure you will have a wonderful time at our 8 h Annual Event. Your week will be full of fun and exciting events and you will make many new friends and great memories that will last a lifetime. Event week begins May 6`h with all delegates arriving in Moncton and continues until May 14`h. With the final event taking place May 13u' at the Capitol Theatre, Moncton. Once again we welcome you as a Delegate as Miss Teen Saint John International. Please feel free in contacting our Head Office directly by via email or by phone with any questions or concerns you may have. We will be keeping in touch with you on a regular basis regarding information on the pageant. Good Luck Sincerely, / Marc Gagnon President /CEO Miss Teen NB int'l .a,.,. -,. Miss Teen Mannequin : Voted by modelling agents on poise, personality, Projection.. the ability to walk and turn gracefully, print potential; high energy, and good body. Miss Teen Talent : Parricination is optional. Judged on preparation, costume, expressions, etc. Limit time # minutes which is strictly ' adhered to. Miss Teen Popularity: toted on ticket sales of draw and pageant night tickets. Miss Teen Fitness: Each contestant will participate in a New Brunswick Fitness Test. Miss Teen Friendship: Yoted privately between the Delegates ONLY. Miss Teen Photogenic: Chosen from the photogenic pictures that are submitted. Miss Teen Scholastic: Each girl will get a test that will be done during the week that will, have mathematics and NB questions_ AL T H F SE ANVA RD A RE: nF.PA1'cATE �%VARD N s NIA F!A :S0 BEARi af3 ON' '1 NE SE1,EC'TIO OF - VISSTEE` EItBRLIN ,. I Tr <-11 registration fees of $900.00 must be received by the head office NO LATER THAN APRIL 10th 3006 in the form of a certified cheque or money order. This is very important; if there is a problem, please contact the Head Office as soon as possible. All cheques and money orders to "bliss Teen New Brunswick International' All information farms, contract and your deposit of 5200.00 (non - refundable and also deducted off the registration fee), must be sent back to the Head Office within two (2) weeks of receiving them. This is our confirmation that von will be. a Delegate. • No one will be allowed to take part in NITNBI week until fees are paid in full and all cheques have cleared. This will be strictly enforced. + Entrance fee is non- refundable. • If you choose not to attend NfTNBI week or decide to leave during the week.. there will be absolutelg no refunds and no gifts will be given to con. It: s Receipts will be issued only for money received by head office and not for funds you receive from sponsors and keep yourself. s Receipts will be issued up to 3 months after MTNBI event. 'They �sili be mailed to you directl} to you and it is you responsibility to deliver them to your sponsors. Please be sure when you do your sponsor sheet to !ill out your sponsor clearly and also the amount. they sponsored you so w e catt wr to out your receipts. If this is not done we will not be sending receipts. • It is your responsibility to send the proper amount to head office. Keep track of it. There will be no refunds issued for over payments. ., It rl r February 23, 2006 His Worship Norm McFarlane and Members of Common Council, City of Saint John, P.O. Box 1971, Saint John, N.B. E2L 4L1 Your Worship and Members of Common Council: We are delighted to state our support for the tri- partnership proposal involving the YMCA -YWCA, Canada Games Aquatic Centre Commission and the City of Saint John. We believe this proposal offers an effective way to continue to sustain and grow important services for the local citizenry while containing public costs. The Business Community Anti - Poverty Initiative ( BCAPI) involves 100+ local business leaders and professionals in a community-led effort to reduce poverty in Saint John. The Y and the City are both strong participants in this effort. We know that poverty reduction is high on your agendas. This proposal ensures that low income households will continue to be able to participate in the array of Y programs currently offered them. In addition, the proposal offers opportunity for a broader menu of programs as well as a facility, second to none! We are convinced of the Y's ability to succeed in its proposed management role. The Y has a 150 year history of service in Saint John and extensive experience providing quality educational, recreational and social programs for all age groups and income levels. We congratulate the principals of each organization who worked together, creatively and bravely, to develop this proposal to this stage and encourage Council's endorsement and support in facilitating the project's continued development. Yours truly, l a wwsson, Co- Chair, BCAPI Business Community Anti - Poverty Initiative 300 Union Street, P.O. Box 5777, Saint John, New Brunswick E2L 4N7 Tel: (506) 633 -5588 Fax: (506) 6344245 Mayor and Council, City of Saint John City of Saint John Police Force Recreation and Parks Advisory Board Aockwood Park Advisory Board February 6, 2006 Your Worship and community leaders: Re: Need for Greater Pet Control in Rockwood Park As a private citizen of Saint John, I would first like to express my appreciation to all who are responsible for operating, maintaining and policing Rockwood Park and other green area and parks in our city. These activities create opportunities for positive, constructive, safe and healthy recreation for citizens and visitors alike. As a parent, I enjoy Rockwood Park's year-round appeal, with playground, beaches or ice surfaces, and clear trails that are perfect for strollers, some for trikes & bikes, some for short family strolls. As a walking club leader, I appreciate Rockwood Park's network of diverse trails, easily accessible to our walking enthusiasts, and providing challenges for people of varied ability and stamina. However, as all three — private citizen, parent, and recreational leader — my ability to choose or recommend Rockwood Park for self and others is increasingly challenged as a growing number of people ignore city pet control bylaws and allow their dogs to roam unrestrained throughout the park. Recent outings have found fully one -half of pet owners allowing dogs to go unleashed. I have had large dogs approach my young children, worrying and scaring them. I have witnessed leashed animals being approached by much larger unleashed animals, creating dangerous and uncomfortable situations for the responsible pet owners and their pets. I have witnessed bikers going through the park with unleashed pets racing far ahead of them — without even a remote possibility of the owner or master taking control of the pet should it have become necessary. Most often, what may be observed is people leading their pets into the park on leash, but then releasing them once `safely' within. Whenever a pet is not under its master's control, it poses risk of harm to other park users, especially young children, runners and bikers, and pets that are being controlled by more responsible pet owners. The existence of the city's pet control bylaw acknowledges this. Unfortunately, lack of enforcement in Rockwood Park communicates to violators that the City of Saint John does not take this risk seriously, thus perpetuating the problem and worsening it as others follow the violators' example. Lack of enforcement also increases the City of Saint John's liability should park users sustain injuries from dog attack. ...12 So that all park users may safely experience Rockwood Park, I appeal to those mandated with park safety, oversight, development and operation to please consider ways to increase awareness and enforcement of the pet control bylaws. In the spirit of helpfulness, here are a few: • I have heard from park staff that one of the greatest challenges arises with park management and staff having no power to enforce the bylaw. Please consider ways to give them this power — to issue warnings and fines. And please be sure that penalties are sufficient to really deter repeat violations. • Please consider increased park signage instructing pet owners to keep their animals on leash at all times, as signage is currently minimal. Please consider the recent recommendation from a recent park study, of creating designated use trails — one of which could be for pets to go unleashed, a quasi "dog park" if you will. Designated areas where pets can safely nun free would be a wonderful way of enhancing quality of life for pet owners and pets alike. • Finally, understanding that the city's recreation and policing Budgets are limited, please consider the value of free public service announcements for regularly appealing to citizens to observe pet control bylaws in our city's parks and green spaces, and to remind them of consequence. Perhaps fines could be used toward development of dog parks or paid advertising. I hope that you can see that my issue is neither with pets nor their owners. Rather, it is with pet owner behavior that denies others full, safe enjoyment of their city. I would like to see a solution that honours the needs of pet owners and non -pet owners alike, and hope that the ideas presented are ones that can reasonably and quickly be acted upon. For myself, my family, and my walking enthusiast friends, I would like to be a part of the solution. Please contact me at 672 -8254 or at millside Rrogers.com to discuss the possibilities. Sincerely, Steve Anderson 21 Mill Cove Lane Saint John, NB E2M 7G3 D 0 w SUBJECT: Sale of 211 Union Street — Amending Date of Transaction BACKGROUND w Ip ANALYSIS: .w sh RECOMMENDATION: w W ih Report to Common Council February 24, 2006 U iw 91 fil Page 2 Description of plan: Sale of City owned Property. i RID: 12229 —TACIdWe . 211 Union Street Pan: NIA I Date: November , 2005 r r � r• r #n �'� tint — _-- ��i it +• r „W}7G -'� J °c j {ff ���F�i• � �~ _�__�_ -- � rr,� �' / mil. �.l }} i a u 01 iLl; qt 247 Itt CD 'J * 'iii___ - '''' -_ - -- ¢____ - -- � .•7 f�t6�2 }i,�i Description of plan: Sale of City owned Property. i RID: 12229 —TACIdWe . 211 Union Street Pan: NIA I Date: November , 2005 M & C — 2006 -41 February 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Stop Up and Closure of a Public Street, Derby St. The City Solicitor has recently advised staff that under Section 187(6) of the Municipalities Act with respect to the consideration of the stopping up and closure of public streets, Council must set a time, date and place for the consideration of adopting such a By -law. The following recommendation will address the need to set a specific date and time for the public hearing to consider the closure of Derby Street, as illustrated on an attached map. RECOMMENDATION: That Common Council rescind it resolution on Monday, February 13, 2006 contained in M & C 2006 -29, and replace it with; "That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 1,530 square metre ± public street, known as Derby St. be set for Monday, March 27, 2006 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 CL /c Hp on of Plan; Stop UP and Closure a public right-of-way, k 9n as Derby St. : N PID:55069967 Address: N/A i IPamN D bme7 21, 2006 A; �© ; on. \4, %11 >\ � \ w 3 - }` Y k y °y w IN, » r4 ._. . . . Hp on of Plan; Stop UP and Closure a public right-of-way, k 9n as Derby St. : N PID:55069967 Address: N/A i IPamN D bme7 21, 2006 M &C- 2006 -50 February 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Date 2 St. Paul Street 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 application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone 057032 N.B. Ltd. 2 St. Paul "IL -1" `B -2" To convert a Street former church to a single or multi- tenant business centre RECOMMENDATION: That Common Council schedule the Public Hearing for the rezoning application of 057032 N.B. Ltd., 2 St. Paul Street, for Monday, March 27, 2006 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Jim R. Baird, MCIP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development -+ r SAINT t w" -ter JOHN The City of Saint John P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L4L1 www.saintjohn.ca PROCLAMATION WHEREAS: The Kidney foundation of Canada is the national volunteer organization dedicated to kidney health and improving the lives of all people affected by kidney disease; and WHEREAS: the Foundation is committed to reducing the burden of kidney disease through: funding and stimulating innovative research; • providing education and support; • promoting access to high quality healthcare; and • increasing public awareness and commitment to advancing kidney health and organ donation. WHEREAS: the Kidney Foundation conducts their major door - to- door fundraising campaign during the month of March; NO REF E: I, Mayor Norm McFarlane, e� �tiv Hof Saint John designate the month of March "National < idney Health Month" in the City of Saint John and urge all citizens to acknowledge the work of The Kidney Foundation and to be generous with their donations. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. Explore our past/ Explorez notre passe Discover your future D €couvrezvotreavenir Grand Bay - Westfield • Quispamsis • Rothesay • St. Martins • Saint John �I T SAINT JOHN The City of Saint John PROCLAMATION P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E21_41_1 www.saintjohn.ca WHEREAS: The Saint John Branch of the Irish - Canadian Cultural Association of New Brunswick declares March 10th to March 17th inclusive as the Official dates of their St. Patrick's Week Celebrations. The citizens of Saint John and surrounding area are invited to participate in this mid- winter break for the City of Saint John. izzljoo� NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John do hereby request the citizens of Saint John ib join the Irish - Canadian Cultural Association in the St. Patrick's Week Celebrations from March 10th to March 17th In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PANDEMIC INFLUENZA Saint John Council February 27, 2006 Or C. Scott Giffin Candidate Virus (H5N1).' — high virulence 'j, susceptible population easily transmissible person -to -pe son t J X PROS I. similarities to 1918 virus-!' 2. genetic changessee6tsto favor eventual easy inter human transmissibi!i h} 3 pandernio's duel .. .. 4.wide "ipread in birds and other species � lots of opportunity S formutation 5.seems to be'adapting to other_ non human species CONS 1, unknown what genetic Changes neededllike 2.science in itsinfancy ' 3.around since 1396 and hasp t happ:pertyet w `. 4. it's riot 1918 —we4re much better prepared S. mild cases likely not "being report Atlantic Health Sciences Corporation Planning t d'j Patient Care • Hu an Resources -.; x "''i° • Materials Management • Communication The Pandemic Plan entails Public Health - surveillances.." . - imriyillzatpi`ftfifanti- virals - public health measures „ �i Hospital surge capacity - maintain excellent care a` Community - .business continuity plans Key Messages 1. Pandemic disease of some nature is likely sometime.a" 2. There is an adaptaiilanplar daleigned.to change as more information becomes available. rte. 3. There are roles -foi Publicffealth,, the acute car efYeaRhcare system, and the community. _ 4. It is not time for panic,; Fbis time for education, common sense, arid, community mindedness. Websites h ..A In New Brunswick PandemFt fluenza Plan. for the Health Sector ht' nb.cal0 if fl " lindex}e s Canadian Pan6micInfluenn'Pian h tto:Ilwww. o h a c -a s o c. a c. cal$ pi c -u c l c o ih' Application for a Zoning By -law Amendment Demande de modification a Parrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur 162 Charlotte Street Saint John, NB Postal Code / Code postal E2L 2J7 Telephone Number / Numbro de telephone 634 -1717 Home / Domicile Work / Travail Fax Number / Numbro de telecopieur. 634.0759 Name of Property Owner (if different) / Nom du proprietaire (si different) Barsa Ventures Ltd. Address / Adresse 1701 Red Head Road, Saint John NB Postal Code / Code postal E2P 1 K5 Property Information / Renseignements sur la propriete Location / Emplacement On a Future Extension of Cambridge Drive 55167530 Civic ti / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de la propriete Vacant Land Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal Low Density Residential Amendment Requested / Modification demandee High Density Residential Present Zoning / Zonage actuel ❑ Change Zoning to / Modification du zonage a RM2 with Section 39 Conditions and /or / ou ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les ddtails) Amendment to the Millidaeville Secondary Plan is required Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition The proposal is to create 2 areas to be zoned Townhouse and RM -2. The proposal for the area indicated as Townhouse ITH► is to develop the property with a mixture of one family, two family and Townhouse units. This would be an extension to the area presently zoned TH lying immediately north of the subiect site. Many of the units in this area will have a commending view of the Kennebecasis River and lower Saint John River. The value of units in this area are expected to be higher than those that are, or will be, developed in the areas previously rezoned by Barsa Ventures Ltd. The proposal for the areas indicated as RM -2 is to create an area on the property for future high - density residential development. The site that has been chosen is on a ridge that will have views of the Kennebecasis River and Lower Saint John River in the vicinity of Grand Bay. Specific plans of the proposed building /buildings have not been prepared at this time. It is the owner's desire to obtain an approval in principal of the concept and rezone the property with a condition that specifics of the buildina style, architectural details, and specific site development information would be provided at a later date. We propose that a further approval would be required as a statutory amendment to the rezoning at the time of actual development. You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, buildingplans, 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 1'echelle illustrant votre proposition. Vous pouvez e'galement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignemenl. Le plan doit indiquer les dimensions de la propriete, 1'emplacement de to totaliM des bdtiments, des allees, des aires de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance enlre les limites de to propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui pourrait We approuvees. The developer of the property is in the process of completing a Iona -range business plan and marketing strategy for the property. In order to reach the upper plateaus of the property a substantial investment must be made. The areas of the higher plateaus are also extremely rugged rocky conditions which will further challenge the Profitability of the project. To onset the future development cost the developer proposes to increase density for a Portion of the site. Additional green space will be retained around this area so the overall density will remain well within the parameters set out for this area. To assure maximum value the developer will maintain a very high quality development for the future project. Hiah -end condominiums or luxury apartments are the likely market These principles are supported in the Millidgeville Secondary Plan. The Millidgeville Secondary Plan also supports a wide range of housing stock available and diversity in housing types. Attached is a summary of excerpts from the Millidgeville Secondary Plan that we believe support this proposal. It is important to note that the overall site density will be comparable to that of Intensity 4. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait We utile. The developer of this site has committed to a fifteen to twenty year project which is a substantial commitment to the City of Saint John and the Millidgeville community. Long range planning is necessary to assure viability of the project as it goes forward. Within the next five years the developer intends to make substantial upfront investment therefore knowing the long range prospects of the property is essential. A plan showing the overall development, site densities and potential access points are included for consideration. This information is provided so any potential Section 39 conditions that may be required can be considered within the context of the developer's long range vision. Signature of Applicant / Signature du demandeur 1ITM ❑ $400 Application Pee Enclosed / Ci -joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous nWes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du propridtaire dans la partie the owner is authorizing this application to proceed ci- dessous. La signature du propri6taire autorisa t le for consideration by Common Council. traitement de la presente demande pour que cette derme're n�sooit S�ex,, 4aminee par le conseil communal. Signature of Owner (if applicable) Signature due propri@taire (s'il y a lieu) Date: I)Va3166 Pertinent Excerpts from Secondary Plan Section 1.3 (1) To enhance the physical, social and economic well -being of residents through the reservation, creation and maintenance of a high quality mixed residential and institutional environment. The development of a proposed high -end condominium/apartment complex will allow more options for aging citizens and young professionals to remain in the Millidgeville area as their housing needs change and for new residents who choose Millidgeville as their preferred location. In the area requested to be rezoned TH, development will be similar in style to the neighbouring developments to the north which have proven to provide a successful housing alternative. Section 2.1.2 (5) To preserve natural forest and vegetation where possible and to blend natural features with the built form of new developments. Construction and development design will occur in such as manner as to preserve and enhance much of the local topography. Due to its unique geographical characteristics, the escarpment will remain in its natural state and will be dedicated as Land for Public Purposes. The condominium/apartment complex will be built at the high point of the local ridge. Natural areas on all slopes around the proposed high density residential area will be maintained. Section 3.3 (3) Generally, as development costs increase, due to excessive slopes andlor proximity of bedrock, then the density should be allowed to increase accordingly. In this manner it will be possible to design a residential density which allows a reasonable return on investment in accordance with the installation costs of services and roads. This is reflected in the intensities for each Development Area and the densities for individual sites in each Development Area. The area is generally comprised of bedrock with little or no topsoil over much of the area. Bringing the connector road over the escarpment will be costly with little opportunity for housing units along a significant portion of the roadway. Section 3.3 (4) All development is to be implemented in a manner which maintains a sensitivity to the natural characteristics of the environment. In other words built form should relate to physical and natural features, and while "urban- level" standards should be strived for, this should not be to the detriment of maintaining rural 'ambiance ". The condominium/apartment complex will be either a brick or wood toned finish that will blend in with the natural environment. It will be of modern architectural design. rr; / .� 4 / T 4( R -2 v-C.� N TH h 5 Lar- Total area to be rezoned: TH = 7.4 ho t RM -2 = 4.7 ha t Area DNwHws/Hectare Denaay Comparable to Plarmd Area of Cwhidge Estates --11 Intermty 4 Area to be rezoned. TH — 11 In 4 Area to be rezoned RM -2 42.5 InWmity 5 overall Site 1332 Intaisity 4 AREA TO BE REZONED AREA 7.4 ho (18 ac) AREA TO BE REZONED RM -2 AREA 4.7 ho (11.6 oc) ,HUGHES �sz adwr. sv..e lOYN �Mrl NH. a ar'r E —,nafG FNMUpMrwu�y�.ea Plan Showing Potion of Bono ventures Ltd. Properties to be rezoned, Boom Head Rood, 1Sty of Saint John, New Brunswick rao o rm too 3W wo 1;5= ,,,,y„ 5005377 PROPOSED MUNICIPAL PLAN AMENDMENT PORTION OF CAMBRIDGE ESTATES AREA Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A of the Plan, from Low Density Residential to High Density Residential, a parcel of land with an area of approximately 12 hectares, located to the south of Boars Head Road and to the west of Millidge Avenue, also identified as being a portion of PID number 55167530, as illustrated below. 2. Amend Exhibit 3 -1 in Section 3.2 of Millidgeville Secondary (DEVELOPMENT AREA DES GUIDELINES — Development Areas) deleting the number "5" under the hea "Future Development Area Intensity" Development Area D, and replace it with numbers "5 & 6 ". PROJET DE MODIFICATION DU PLAN MUNICIPAL VISANT UNE PARTIE DU LOTISSEMENT CAMBRIDGE ESTATES Avis public est donne, par la presente, que le conseil communal de The City of Saint John a l'intention d'6tudier la modification du plan d'amenagement municipal comme suit: la reclassification, 'a Pannexe 2 -A du plan, d'une parcelle de terrain d'une superficie approximative de 12 hectares, portant le NID 55167530, situee au sud du chemin Boars Head et i1 1'ouest de l'avenue Millidge, afin de modifier le zonage pour la faire passer de zone residentielle a faible densit6 a zone r6sidentielle d forte densite, tel qu'il est precise ci- dessous : the 2. l la modification du t tableau 3 -1 de Particle 3.2 Plan d du plan secondaire d de Millidgeville ( (LIGNES by ding for the Amend Section 3.4.4 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Projects and Proposals — Development Area D: Boars Head Road) by adding the following sentence at the end of the second paragraph under the heading "Development Theme /Character ": "An Intensity 6 mix of one and two family dwellings, townhouses and apartments could also be developed on the higher land to the south." CONCEPTION DE SECTEURS D'AMENAGEMENT : secteurs d'amenagement) par la suppression du num6ro a 5 >>, sous la rubrique « Intensity future du secteur d'amenagement » relativement au secteur d'am6nagement a D », et son remplacement par les nume'ros o 5 et 6 »; 3. la modification de Particle 3.4.4 du Plan secondaire de Millidgeville (LIGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AMENAGEMENT : projets et propositions relatifs au secteur d'amenagement u D » : chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxieme paragraphe sous la rubrique a Th6matiaue et caract6ristique de 1'am6nagement » : Un melange re'sidentiel 'a intensite d'usage n° 6, comprenant des habitations unifamiliales et bifamiliales, des maisons en rangee et des immeubles a logement, peut egalement dtre ame'nag6 sur les terrains 6leves situe's en direction sud. 3. la modification de Particle 3.4.4 du Plan secondaire de Millidgeville (LIGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AMENAGEMENT : projets et propositions relatifs au secteur d'amenagement u D » : chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxieme paragraphe sous la rubrique a Th6matiaue et caract6ristique de 1'am6nagement » : Un melange re'sidentiel 'a intensite d'usage n° 6, comprenant des habitations unifamiliales et bifamiliales, des maisons en rangee et des immeubles a logement, peut egalement dtre ame'nag6 sur les terrains 6leves situe's en direction sud. (INSERT MAP) A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, February 27, 2006 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the subject area to be developed with a mix of one - family dwellings, two - family dwellings, townhouses and apartments. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by March 29, 2006. Enquiries may be made at the office of the Common Clerk or 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. J. Patrick Woods, Common Clerk 658 -2862 (INS$RER LA CARTE) Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le lundi 27 fevrier 2006 dans la salle du conseil de 1'h6tel de ville, an niveau du hall d'entree. MOTIF DE LA MODIFICATION: Permettre que 1'amenagement du secteur en question comprenne une combinaison d'habitations unifamiliales et bifamiliales, de maisons en rangee et d'immeubles a logement. Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard le 29 mars 2006 a l'attention du soussigne. Pour toute demande de renseignements, veuillez communiquer avec le bureau du geffier communal on le bureau de l'urbanisme et du developpement a 116tel 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. J. Patrick Woods, Greffier communal 658 -2862 ot0 Roa J obeson Lake lac R City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud 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, February 14, 2006 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Call to Action: © Public Notice Telephone: (506) 658 -2862 Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 Common Clerk's Office Bureau du greffier communal wvww,sainrjohn.ca February 8, 2006 / 8 fdvrier 2006 P,O. Box /C.P. 1971 Saint John, NB /N. -B, Canada E21L 4L1 Barsa Ventures Ltd. c/o Hughes Surveys & Consultants Inc. 162 Charlotte Street Saint John, N.B. E2L 2J7 Dear Sir: Re: Cambridge Estates Monsieur, Objet: Cambridge Estates The City of saint John Enclosed is a copy of the Public Vous trouverez ci- annexde une copie de Notice regarding a proposed I'avis public relatif a une modification Municipal Plan amendment for envisagde au plan municipal en vue de la redesignation of the above redesignation de la propridtd ci- dessus. property. Following the date for the receipt of objections, namely, March 29, 2006, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, J. atrick Woods Common Clerk / Greffier communal JPW /jaf Aprds la date de rdception des objections, c'est -a -dire le 29 mars 2006, le Conseil communal pourrait autoriser la publication des avis ndcessaires en vue de I'audience publique et demander les opinions du Comit6 consultatif d'urbanisme. Veuillez agrder, Monsieur, 1'expression de nos sentiments distinguds. BY -LAW NUMBER C.P. 105 -7 A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 105-7 ARRE�TE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Que soit ddictd par le conseil communal de The City of Saint John, dument convoqud, ce qui suit: The Municipal Plan By -law of The L'arretd relatif au plan municipal City of Saint John enacted on the 3rd day de The City of Saint John edict& le of January, A.D. 2006 is amended by: 3 janvier 2006 est modifid par: 1 Adopting the Millidgeville 1 I'adoption du plan secondaire de Secondary Plan which is attached hereto and forms a part hereof as Schedule "A" for the area bounded on the south by the New Brunswick Electric Power Commission Transmission Corridor, on the west by the St. John River, on the north by the Kennebecasis River and on the east by Sandy Point Road all as shown approximately on the map attached hereto and forming a part hereof as Schedule "B ". 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. 2006 and signed by: Mayor/Maire Millidgeville, qui est joint aux prdsentes comme Annexe oA» et qui en fait partie, relativement A I'dtendue de terrain ddlimitde en direction sud par le couloir de transport de la Commission d'dnergie 6lectrique du Nouveau - Brunswick, en direction ouest par la riviere Saint John, en direction nord par la riviere Kennebecasis et en direction est par le chemin Sandy Point, le tout illustrd de maniere approximative sur le plan joint aux prdsentes comme Annexe aB» et qui en fait partie. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrdte le * jour de * 2006, avec les signatures suivantes : Common Clerk/Greffier communal First Reading — February 13, 2006 Premiere lecture — 13 fdvrier 2006 Second Reading — Deuxi6me lecture — Third Reading — Troisieme lecture — Your Worship Mayor Norm McFarlane February 23, 2006 and Members of Common Council Your Worship and fellow members of Council Re: Levy for people living outside our City limits but working and using infrastructure maintained by Saint John taxpayers. Since I have been elected to Common Council I have asked that this Council request the Government of New Brunswick to allow the City of Saint John, and other cities in our province, to assess people who live outside City limits but use the infrastructure that each City provides to earn their living. Infrastructure that includes our streets which also include the repairs and plowing on an ongoing basis. Infrastructure such as our water and waste water systems whether they are using the bathrooms or drinking our water, all this needs to be built, maintained and repaired at the City of Saint John taxpayers expense, but workers living outside our City boundaries get to use it free of charge. They also get the benefits of our Fire and Police Departments when they have an accident on our streets on their way to work, or while they are at work there may be a fire or other type of accident that they will call on either the Fire or Police Departments, all free of charge. The residents of Saint John who are paying for all of these services that residents and non residents have at their disposal, have to get some relief from these ever rising costs. I move that this Council, together with City staff, draft an appropriate worded letter asking the Provincial Government to address the imbalance of taxation between the Local Service Districts (LSD's) and the Cities and Towns of this Province. I also ask that this same request be sent to the New Brunswick Municipalities Association for their support. Respectful /lW� Ate' L/ Bill Farren Councillor, The City of Saint John M &C 2006 -42 February 23, 2006 His Worship, Mayor Norman McFarlane and Members, Saint John Common Council City of Saint John Your Worship: Re: Pandemic Influenza Planning INTRODUCTION A wide range of potential hazards face communities including a major public health threat. Of particular concern currently is the threat of an influenza pandemic. The H5N1 virus has already resulted in deaths in Asia, Europe and Africa. BACKGROUND Contingency planning is required to mitigate the impact of an influenza pandemic. For several years, the World Health Organization has been issuing advisories and has strongly promoted the need to plan an emergency response to the threat of a Pandemic Influenza. The "WHO Global Influenza Preparedness Plan" was released in November 2005. In Canada, Health Canada's Plan was first released in 2004, and the Health Ministries in several provinces now have published their own plans. The Province of New Brunswick joined that group on January 26, 2006 with the release of New Brunswick Pandemic Influenza Plan; a copy is attached. The response to a pandemic will require close cooperation and collaboration between all levels of government. At the regional and local level, Saint John Emergency Management Organization has been working and consulting with planning officials from the Regional Health Authority and Public Health, including the Medical Officer of Health, since 2003. The Region 2 Health Authority is currently preparing its plan and SJEMO is developing a plan the purpose of which is to establish the means required to provide support to the Regional Health Authority (Atlantic Health Sciences Corporation) and Public Health, in their efforts to minimize the effects of a large scale pandemic influenza outbreak. In addition, City of Saint John municipal departments have begun work on Business Continuity Plans that will establish the organization and means required to provide essential municipal services before, during and after an impending or actual pandemic influenza emergency. ANALYSIS Forming the foundation for our planning are the following assumptions, among others: ■ An influenza pandemic is inevitable ■ There may be very little warning. Most experts believe that we will have between one and six months between the time that a novel influenza strain is identified and the time that outbreaks begin to occur in Canada. ■ Outbreaks may occur simultaneously throughout much of the country, preventing shifts in human and material resources that normally occur with other natural localized or regional disasters. ■ The effect of an influenza pandemic on individual communities will be relatively prolonged -- weeks to months. ;eingThe impact of the next pandemic could have a devastating effect on the health and well of the Canadian public. Based on an anticipated attack rate of 15 % -35 %, estimates that in Saint John alone (pop. 80,000), during a 2 — 3 month period, • 6,356 to 14,831 persons will be ill • 5,468 to 12,759 persons will seek medical attention • 130 to 305 persons will be hospitalized • 49 to 114 persons will die ■ Effective preventative and therapeutic measures -- including vaccines and antiviral agents, as well as antibiotics to treat secondary infections, will likely be in short supply. ■ Health -care workers and other first responders will likely be at even higher risk of exposure and illness than the general population, further impeding the care of victims. ■ Widespread illness in the community will also increase the likelihood of sudden and potentially significant shortages of personnel in other sectors who provide critical community services, including but not limited to police, firefighters, utility workers, and transportation workers, military personnel. CONCLUSION The overall goal of pandemic influenza emergency response is two -fold: ♦ Minimize serious illness and overall deaths ♦ Minimize societal disruption as a result of an influenza pandemic RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng Co- Chair, SJEMO Encl. Robert Simonds Terrence L. Totten, FCA Co- Chair, SJEMO City Manager New Brunswick Pandemic Influenza Plan For the Health Sector ISBN : 1- 55396 -635 -X Health and Wellness PREFACE Influenza viruses periodically cause worldwide epidemics, or pandemics, with high rates of illness and death. Increasingly, health officials are talking not about "if" but "when" the next pandemic will occur. Advance planning for a large scale and widespread health emergency in the province of New Brunswick is required to optimize delivery of health care and other essential services during a pandemic. In addition, all sectors of society must consider the impact of large absenteeism rates and supply interruptions as businesses and municipalities plan for how they will continue their mission critical business. The Department of Health and Wellness has been working on the development of a pandemic influenza contingency plan for several years. This Pandemic Influenza Plan is and will continue to be an evergreen document, being modified as new information becomes available and /or new appendices are drafted or completed. This plan was prepared by the provincial pandemic influenza committee planning group, which had representation from several Departmental sectors including Public Health, Institutional Services, Mental Health, Ambulance Services, Communications and Emergency Management Services as well as representatives from the Department of Family and Community Services and the Emergency Measures Organization. Realizing that the pandemic will affect all sectors of health care, and in keeping with the Departmental "all hazards" approach to emergency planning, The Director of Health Emergency Management Services (HEMS), working cooperatively with the Office of the Chief Medical Officer of Health, will further develop components to assist in operationalization of the plan, particularly the response and recovery phases. This will be achieved under the direction of the Provincial Pandemic Preparedness Steering Committee (PPPSC), of which the Director of HEMS is the chair. New Brunswick Pandemic Influenza Plan Health and Wellness December 2005 TABLE OF CONTENTS BACKGROUND NEW BRUNSWICK PANDEMIC INFLUENZA PLANNING APPROACH Goal and Objectives Planning Assumptions Overview Estimating Impact of Pandemic Influenza Pandemic Planning Phases Activation of the Pandemic Influenza Response Plan The Role of the Emergency Measures Organization PLAN COMPONENTS Surveillance Public Health Activities: Vaccine Programs and Anti - Virals Public Heath Measures Essential Health Services Communications Community Emergency Response OPE RATIONALIZATION AND RECOVERY New Brunswick Pandemic Influenza Plan Health and Wellness December 2005 BACKGROUND Human influenza is a viral respiratory infection that spreads easily from one person to another. Most people will recover from influenza after 10 days or so, however others, particularly the elderly or those with certain underlying medical conditions, may develop severe medical consequences such as pneumonia or bronchitis. It is important to understand that influenza can be a serious illness. Between 4,000 and 8,000 Canadians can die of influenza and its complications annually, depending on the severity of the season. Vaccination, hand washing and just staying home when you are ill are measures that reduce the possibility of influenza being transmitted from one person to another. Influenza viruses are very adaptable and change their genetic makeup slightly every year. This is one reason why influenza vaccination is needed every year to ensure protection against the current circulating virus strains. Historic evidence suggests that three to four times each century a radical change takes place in the influenza A virus causing a new strain to emerge. This can result in a pandemic influenza, which is a worldwide outbreak of influenza characterized by the rapid spread of a new type of influenza virus to which most, if not all, people will have no immunity. There were three influenza pandemics in the 20th century: the 1918 Spanish influenza, the 1957 Asian influenza, and the 1968 Hong Kong influenza. The Spanish Influenza pandemic was by far the most devastating disease outbreak recorded in the last century; over 20 million people died and more than 200 million were affected. The Asian influenza outbreak of 1957 resulted in 1 to 2 million deaths and the Hong Kong influenza outbreak of 1968 resulted in 1 to 4 million deaths world wide. New Brunswick Pandemic Influenza Plan - 1 - Health and Wellness December 2005 Avian influenza viruses affect all species of birds but can, less commonly, infect mammals - including people. Since January 2004, widespread outbreaks of H51\11 in birds in Asian countries have been associated with human cases and deaths in Asia. There is concern in the scientific community that currently avian influenza H51\11 is the influenza strain with the most potential to become a pandemic. However, to this point there has been no efficient transmission from human to human. There is concern that the more people affected by an avian influenza virus, the greater the likelihood the virus will mutate to create a new influenza strain to which humans will have no immunity. If it develops the ability to transmit efficiently from person to person, the virus could spread rapidly and result in significant illness, death and social disruption. Planning for pandemic influenza has been underway in Canada for several years. The Canadian Pandemic Influenza Committee provides expert knowledge and advice on influenza and potential pandemics and has developed the Canadian Pandemic Influenza Plan that maps out how Canada will prepare for and respond to a pandemic influenza. The Canadian Pandemic Influenza Plan is available on the Public Health Agency of Canada website at www.phac- aspc.gc.ca. With the support and direction of the Canadian Pandemic Influenza Plan, provinces and territories, including New Brunswick, continue to work on their pandemic planning processes. New Brunswick Pandemic Influenza Plan -2- Health and Wellness December 2005 NEW BRUNSWICK PANDEMIC INFLUENZA PLANNING APPROACH Goal: To minimize serious illness and overall deaths and to minimize societal disruption among New Brunswickers as a result of an influenza pandemic. Objectives: • Clarify roles and responsibilities during implementation of the Pandemic Influenza Plan • Implement a functioning infrastructure for influenza surveillance in the interpandemic period (the time between influenza pandemics) that can be used during a pandemic o Identify and prepare for other surveillance needs as required (e.g. adverse event following immunization of a vaccine developed to provide protection against pandemic influenza) • Establish immunization and anti -viral use guidelines for implementation during a pandemic • Develop and /or approve guidelines for use by health care responders during a pandemic response (e.g. clinical care, infection control, essential health services). • Establish plans to obtain, secure, and distribute adequate supplies of vaccines and anti - virals and other medical supplies required to support the pandemic response • Create a communication framework in the interpandemic period that will provide timely, accurate and consistent information to and among health care providers, the media and the general public during a pandemic • Establish and support regional pandemic influenza steering committees in the interpandemic period and support the development of regional and local emergency preparedness and response plans to optimize delivery of health care and other essential services during a pandemic • Identify and develop relationships with relevant stakeholders required to support the pandemic response (e.g., funeral home association, pharmacy association, municipalities) New Brunswick Pandemic Influenza Plan -3- Health and Wellness December 2005 PLANNING ASSUMPTIONS The New Brunswick Pandemic Influenza Plan is based on the following planning assumptions: The course of an influenza pandemic o An influenza pandemic is inevitable. o Based on the last two pandemics it is estimated that the next pandemic virus will arrive in Canada within three months after it emerges in another part of the world. This time could be much shorter due to increases in the volume and speed of air travel. o An influenza pandemic may spread in two or more waves, either in the same year or in successive influenza seasons. o If a second wave occurs, it would likely be within 3 to 9 months of the initial outbreak wave and may cause more serious illnesses and deaths than the first. o Each wave of illness will last approximately 6 to 8 weeks. The extent and severity of illness o Because the population will have had limited, if any, prior exposure, most people will be susceptible. o More severe illness and mortality than the usual annual influenza is likely in all population groups o The first peak in mortality will be one month after the first peak in illness. Access to Vaccines and Anti- virals o Vaccine will be the primary means of pandemic influenza prevention. The supply will unlikely be available in time for the first wave of illness; therefore, plans for the first wave should assume lack of influenza vaccine. The vaccine may be available in time to mitigate the impact of the second wave. • Once available, the vaccine will be in short supply and high demand. • Anti -viral drugs are a treatment option during a pandemic but must be started within 48 hours of the onset of symptoms. The efficacy of anti -viral drugs against a pandemic strain is unknown but is expected to shorten the length of time people are ill and reduce hospitalizations. o Prophylactic anti - virals can be effective in preventing influenza and reducing impact of outbreaks within institutions New Brunswick Pandemic Influenza Plan -4- Health and Wellness December 2005 • Initially there will not be enough vaccine for the entire population; priority groups have been established to determine who receives the initial supply of vaccine. • There will not be enough antivirals for the entire population and priority groups have been established to determine who receives the limited supply. • Depending on the epidemiology of the pandemic influenza strain, the priority groups may change. The impact on health care and other essential services o A substantial proportion of the workforce will not be able to work for some period of time due to illness in themselves or in their family members. • Laboratory testing capacity will be challenged. • Hospital capacity is already limited and could be further challenged. • Care protocols may change and standards of practice for "normal" operating conditions may need to be adapted to meet emergency needs. • Essential services in communities may be disrupted. Managing a Pandemic o The disease will not be localized to individual regions or communities but will be widespread throughout the province which will restrict the ability of one community helping another. o A clear understanding of the roles and responsibilities of the various responders (health and societal) is required. o Effective and streamlined lines of communication will be required at the local, provincial, and federal levels New Brunswick Pandemic Influenza Plan -5- Health and Wellness December 2005 OVERVIEW The New Brunswick Pandemic Influenza Plan provides a comprehensive province wide approach to health preparedness and pandemic planning by providing information to guide provincial and local pandemic planning groups. The phased planning and response approach prepares responders to be ready with the appropriate actions at the appropriate time. The provincial plan is an evolving document and will change as new information comes to light. The following five components are modeled after the national plan and are considered to be the most crucial areas to be considered in planning for an influenza pandemic: 1) Surveillance The goal of the provincial surveillance and monitoring program is to develop, improve and maintain a system for the ongoing collection, analyses, interpretation and timely dissemination of health data essential for measuring changes in population health. Effective surveillance programs are essential for studying the course of the disease and are crucial in the development of vaccines. Since the influenza A virus constantly changes, surveillance is essential to provide timely and sufficient information on the influenza activity in order to make adequate public health decisions. Influenza surveillance occurs year round in New Brunswick. Enhancements to the existing surveillance systems will increase the probability for adequate warning and better monitoring of the novel virus activity in the province. The enhanced plan will augment the already existing Severe Respiratory Infection surveillance in hospitals. The objectives of the enhanced plan are: o To define any modifications to surveillance activities and methodology in the event of the pandemic as per national guidelines o To communicate a need for diligent influenza surveillance and available information related to the detection of a novel virus outside of North America to all stakeholders New Brunswick Pandemic Influenza Plan -6- Health and Wellness December 2005 2) Public Health Activities A) Vaccine and Anti- Virals Management Since their discovery more than half a century ago, influenza vaccines have been the most important development in decreasing the morbidity and mortality of influenza. Promoting an annual influenza shot has become a routine public health activity across Canada. With a good match between the vaccine and the circulating virus, the influenza vaccine is 70% - 90% effective in preventing the influenza in healthy adults. It provides protection against the virus types that are in the vaccine. The protection generally lasts for 4 -6 months. Vaccination continues to be recognized as the primary tactic of prophylaxis. It is expected that, because vaccine production is dependent on the identification of circulating virus strains, supply delays will be experienced in the event of an emerging novel virus as in a pandemic. Contingency plans must take into consideration this delay and the potential need to prioritize recipients for receipt of the initial supplies of vaccine. While vaccines, when available, will become the primary public health intervention during the pandemic, anti -viral drugs will play a role in the pandemic response. Anti - virals, effective for the prevention and treatment of Influenza A, are anticipated to be in limited supply during a pandemic. Consequently, a national stockpile has been established and guidelines regarding their use and priority groups have been developed and are currently under review. Depending on the epidemiology and impact of the pandemic influenza virus strain, the priority groups may change to target the most affected groups. B) Public Health Measures Historically, public health authorities have used the notion of "social distance" to assist in the control of a communicable disease. Social distance is an action that limits the mingling of persons in a community, thus, decreasing the risk of exposure to a disease like influenza. Decisions such as banning public gatherings or closing schools would be included in social distance measures. Decisions regarding the use of appropriate public health measures will occur during the pandemic alert phases when it is better known how the virus is behaving or may behave. New Brunswick Pandemic Influenza Plan -7- Health and Wellness December 2005 3) Essential Health Services For purposes of this plan, Health Services encompasses responsibilities both regionally and Departmentally and refers to: a) Regional Health Authorities (delivery of services); b) Hospital Services (Institutional services, laboratory services, Extra -Mural Program, Tele- Care); c) Mental Health Services; d) Ambulance Services. The Department of Health and Wellness, along with the provincial Regional Health Authorities, are currently developing strategies to maintain services during a pandemic influenza. Any change from regular delivery of service will be communicated to the public. 4) Communications The goals for the communications component of the plan include: o Creating a rapid transfer of information (from local to regional to provincial to federal levels and vice versa) and updates o Creating the ability to assimilate rapid information such as illness, vaccine uptake, adverse events, etc. o Effective distribution of information to the medical community, the media, and the public. 5) Community Emergency Response An influenza pandemic will undoubtedly constitute a health emergency in New Brunswick. Typically, emergencies have been perceived as disasters, e.g. plane crashes, hurricanes, floods or other phenomena that may last hours or days. They may result in many casualties creating a one time demand on health services. A health emergency such as a pandemic influenza however, can be expected to be prolonged with two or more successive waves creating multiple demands on multiple sectors. Each wave is expected to last approximately six to eight weeks. The resulting impact on human resource infrastructure can, potentially, be staggering. New Brunswick Pandemic Influenza Plan -8- Health and Wellness December 2005 One of the assumptions that the provincial plan makes is that essential services may be interrupted due to the high illness rate expected to impact all organizations. It is the intent of the plan that municipalities and organizations responsible for providing essential community services plan for operations during the pandemic period. The emergency community response components of the plan are intended to provide guidance to the non - health sector in terms of planning for pandemic influenza. Planning for emergencies is crucial for any business or municipality. Pandemic influenza is one of those emergencies for which we must all be prepared. Planning is being initiated now in the non - health sector to ensure that all sectors of our society are prepared. The plan is based on a coordination and collaborative approach among governments and stakeholders as they work together to ensure continuation of their mission critical business and support of the pandemic response. An influenza pandemic will have an impact throughout society and, depending on the impact, may involve the broader provincial Emergency Measures Organization. Should this occur, the Minister of Public Safety or the Director of New Brunswick Emergency Measures Organization may activate the Provincial Emergency Response Plan to coordinate the whole of government response. Public Health has brought together relevant partners and stakeholders to facilitate the development of coordinated response plans to pandemic influenza. In the case of local prevention and response, Regional Pandemic Influenza Steering Committees have been established to support the development of local pandemic influenza plans. Regional Pandemic Influenza Steering Committees and plans also require a multi - discipline approach and should include community groups and organizations as well as relevant Government departments (e.g. municipalities, local service districts, nursing homes, Family and Community Services, Emergency Measures Organization representatives, and others that may serve the community in an emergency response capacity). At the regional and local level, Regional Public Health, Regional Health Authorities, municipalities and other organizations are, in consultation with the appropriate stakeholders, responsible for developing their own specific pandemic plans. By following the established provincial guidelines, consistency among the response plans will be assured. New Brunswick Pandemic Influenza Plan -9- Health and Wellness December 2005 ESTIMATING IMPACT OF PANDEMIC INFLUENZA Predicting when and how severely a pandemic influenza will affect the population is difficult. During a pandemic, it is anticipated that the impact will be greater and that the age specific morbidity and mortality may be quite different from the annual influenza outbreaks, which typically affect most severely the very young, the elderly and those with underlying medical conditions. However, until the epidemiology of the pandemic is known, it is not possible to definitively predict the actual impact. An estimate of the health impact of a pandemic has been based on a model by Meltzer and colleagues, from the Centers for Disease Control, Atlanta. The model has utilized data from past epidemics and pandemics and impact estimates are intended to facilitate planning only and are not intended to be a precise prediction as to how a specific pandemic influenza virus actually behaves. The model can be used for a population in a community, region or province; and has attack rates of 15 %, 25% and 35 %. The attack rate describes the impact over the entire duration of the pandemic, that is: the proportion of the population that will be infected over the multiple waves of influenza that usually occur during a pandemic. For example a 35% attack rate means that, over the entire course of a pandemic, about 35% of the people would have influenza severe enough to be unable to attend work or other activities for at least half a day. The following shortcut formulas are derived from the Health Impact model and include, but do not differentiate risk factors and age ranges. Because pandemic influenza impact predictions are derived from a mathematical model and not an epidemiological model, they provide total impact estimations only. As research in this field evolves, it is anticipated that the impact prediction models will be refined. Formula: Y = Population X Attack Rate Y x 0.41% = Number of deaths Y x 1.09% = Number hospitalized Y x 45.57% = Number seeking medical care Y x 52.97% = Number ill, not seeking medical care Population: The population in region, province or community New Brunswick Pandemic Influenza Plan - to- Health and Wellness December 2005 Attack Rate: The proportion of the population who will become clinically ill (unable to attend work or other activities for at least half a day) such that there are consequences for health resources consumed. Based on this, the calculated impact of pandemic influenza on New Brunswick with an estimated population in 2003 of 756,256 (Statistics Canada, 2003) would be: Estimated Impact of an Influenza Pandemic on New Brunswick by Attack Rate Estimated Number of Cases by Outcome Attack Rate Outcome 150/0 25% 35% III, Self Care 60,088 100,147 140,206 (Population X Attack Rate) X 52.97% Outpatient Care 51,694 86,156 120,619 (Population X Attack Rate) X 45.57% Hospitalization 1,237 2,061 2,885 (Population X Attack Rate) X 1.09% Death 465 775 1,085 (Population X Attack Rate) X 0.41% Although the estimations are gross numbers only, they are dramatic. The projected number of people who may be sick and not seek care is significant. Presumably, a large number of those have jobs to which they would be unable to go because of illness. Based on the modeling process, the potential for lost productivity and the interruption of essential services could be significant, further providing evidence that a well developed contingency plan is crucial. Again, it must be emphasized that this model is intended to facilitate planning only and is not intended to be predictive. New Brunswick Pandemic Influenza Plan - 11 - Health and Wellness December 2005 PANDEMIC PLANNING PHASES The World Health Organization (WHO) has developed detailed pandemic planning phases, summarized in the table below. This plan is based on and reflects the planning phases as triggers for provincial and regional responses. The pandemic planning phases in Canada will align with these WHO phases. New Brunswick Pandemic Influenza Plan - 12 - Health and Wellness December 2005 WHO Period Description Phase No new influenza virus subtypes have been detected in humans. An influenza virus subtype that has caused human Phase 1 infection may be present in animals. If present in animals, the Interpandemic risk of human infection is considered low. Period No new influenza virus subtypes have been detected in Phase 2 humans. However, a circulating animal influenza virus subtype poses substantial risk of human disease. Human infection(s) with a new subtype, but no human -to- Phase 3 human spread, or at most rare instances of spread to a close contact. Small cluster(s) with limited human -to -human transmission, but Pandemic Phase 4 spread is highly localized, suggesting that the virus is not well Alert Period adapted to humans. Large cluster(s) but human -to -human spread still localized, suggesting that the virus is becoming increasingly better Phase 5 adapted to humans, but may not yet be fully transmissible (substantial pandemic risk). Pandemic Phase 6 Increased and sustained transmission in general population. Period Post Pandemic Period Return to Interpandemic Period. New Brunswick Pandemic Influenza Plan - 12 - Health and Wellness December 2005 ACTIVATION OF THE PANDEMIC INFLUENZA RESPONSE PLAN The Chief Medical Health Officer (CMOH) and relevant staff, in consultation with the national Pandemic Influenza Committee, will monitor and respond to reports of novel influenza viruses circulating the world or in Canada. The CMOH will review the progression of disease caused by a novel influenza subtype and advise the Minister and Deputy Minister of Health and Wellness, as well as the Director of Health Emergency Management Services, as to the need of convening the Provincial Pandemic Preparedness Steering Committee ( PPPSC). The PPPSC will provide support, information coordination and direction to the regions in mobilizing appropriate and timely responses based on current pandemic phases. At the Departmental level, the pandemic emergency response will be coordinated through the DHW Emergency Operations Centre (EOC). The primary functions of the DHW EOC are: to act as the provincial decision making and policy direction body on health matters; operational support; internal and external communication; planning and analysis of incoming data; and administration and financial matters. Each Regional Health Authority, in addition to and in collaboration with its community partners, will operate a regional EOC to coordinate the response and facilitate effective communications. There will be a time when the response and recovery effort no longer requires the EOC and it will be deactivated. The authority to deactivate the EOC rests with the Director of Health Emergency Management Services. This process of activation, response and deactivation may occur in response to local pandemic influenza activity and to declarations by Health Canada. New Brunswick Pandemic Influenza Plan - 13 - Health and Wellness December 2005 THE ROLE OF THE EMERGENCY MEASURES ORGANIZATION In the event the impact of the pandemic extends beyond the health care system, the Minister of Public Safety or the Director of New Brunswick Emergency Measures Organization (NB EMO) may activate the Provincial Emergency Response Plan to coordinate the whole of government response. In the event that the societal impact of the pandemic is such that the Minister of Public Safety decides to declare a "state of emergency" under the Emergency Measures Act, the Minister of Public Safety may then do everything necessary for the protection of property, the environment and the health or safety of persons, including the use of the emergency powers provided for in the Act. The NB EMO is the provincial lead agency for overall emergency management. NB EMO coordinates emergency preparedness, response and recovery programs with all levels of government in the province, including Federal, with neighboring provinces and states, and with the private sector. NB EMO is responsible for the Provincial Emergency Measures Plan. When activated, the Provincial Emergency Measures Plan coordinates the whole response of government in New Brunswick. For a pandemic scenario, the Provincial Plan would support the Health Response as appropriate. In addition, the Provincial Plan would coordinate the whole of government response in concert with local governments and the federal government, to manage the impact on sectors other than health. New Brunswick Pandemic Influenza Plan - 14 - Health and Wellness December 2005 PLAN COMPONENTS This section addresses prevention and preparedness activities that occur in the interpandemic period, that is the time between influenza pandemics. This is the critical stage for pandemic preparedness. The section also addresses, in part, the pandemic alert period, which is the time when the risk of a pandemic is increasing. To date, the planning components include surveillance, public health activities (vaccines and anti - virals; public health measures), essential health services, communications and community emergency response. The following table provides an overview of provincial and regional responsibilities during the interpandemic and pandemic alert periods. Overview of Responsibilities during the Interpandemic and Pandemic Alert Periods Component Provincial Responsibilities Regional Responsibilities • Provincial surveillance of influenza o Support and participate in provincial and influenza like illness and viral surveillance of influenza and strain identification influenza like illness • Participate in national surveillance o Participate in hospital mortality • Establish enhanced surveillance surveillance system • Refer influenza A isolates to National Surveillance Microbiology Laboratory as per national guidelines • Establish hospital mortality surveillance • Activate enhanced surveillance activities • Establish surveillance of adverse events related to use of vaccine programs and anti - virals New Brunswick Pandemic Influenza Plan - 15 - Health and Wellness December 2005 Component R L 1 c a Ca Public a� C Health .0 Activities > a� X �a a� ., 0 0 0 0 0 0 EO Essential Health 0 Services 0 Communications CO LO C CO Provincial Responsibilities Plan to obtain and distribute vaccine Set guidelines for vaccine use Promote annual vaccination Plan to obtain and distribute anti - virals Set guidelines for anti -viral use Plan for security of supply of vaccines, anti - virals and associated supplies (needles, syringes, etc.) Establish guidelines for public health measures Develop educational materials for public and professional use Develop provincial guidelines for clinical care, infection control and triage during a pandemic and communicate same to RHAs Facilitate and support regional pandemic influenza planning efforts Adapt and /or adopt the recommendations of National Pandemic Influenza Committee Develop provincial health emergency response plan Inform public, media and health care officials of provincial pandemic response plans Develop key messages, strategies and guidelines for Communications through all pandemic phases Support pandemic communications planning Regional Responsibilities • Promote annual vaccination • Develop implementation protocols for anti -viral use • Plan for mass immunization clinics • Plan for distribution and dispensing of anti -viral medication o Develop plan to implement public health measures • Assess clinical capacity • Prepare to implement established pandemic guidelines • Estimate pandemic needs • Identify additional and alternative care locations and resources • Participate on Regional Pandemic Steering Committees • Prepare comprehensive plans with reasonable contingencies that anticipate pandemic events • Develop Health Authority /local communications networks • Define communications roles and responsibilities • Develop regional communication strategies, prepare to communicate provincial messaging in regional context • Support development of provincial health emergency communications network New Brunswick Pandemic Influenza Plan - 16 - Health and Wellness December 2005 Component Provincial Responsibilities Regional Responsibilities o Facilitate and support regional o Participate on Regional Pandemic Community pandemic influenza planning Steering Committees Emergency o Develop provincial emergency o Prepare comprehensive plans that Response response plan anticipate pandemic events with reasonable contingencies New Brunswick Pandemic Influenza Plan - 17 - Health and Wellness December 2005 SURVEILLANCE Influenza surveillance is required to determine when, where and which influenza viruses are circulating and the intensity and impact of the activity. Both laboratory surveillance and epidemiologic surveillance are necessary. Laboratory surveillance involves the isolation of influenza viruses for analysis of antigenic and genetic properties. The signs and symptoms of influenza can be similar to those caused by other respiratory pathogens therefore laboratory testing must be used to confirm the presence of influenza in the province. The collection of epidemiologic data regarding influenza -like illness (ILI) is essential for determining the extent and severity of influenza activity. The influenza surveillance system is built upon the existing systems for communicable disease control. The systems support surveillance during the interpandemic and pandemic alert periods. National Surveillance Surveillance for influenza in New Brunswick is conducted as part of the national influenza surveillance program called FluWatch. This Program provides information on influenza activity across Canada during the influenza season. The information collected on influenza activity across the country is available through weekly or biweekly FluWatch reports at http://www.phac - aspc.gc.ca /fluwatch /index.html. Provincial Surveillance — Interpandemic period Sentinel surveillance sites (designated physicians and emergency rooms in each Regional Health Authority) collect nasopharyngeal specimens from patients deemed highly likely to have influenza and submit these specimens for laboratory testing. The Laboratory at the Dr. Georges L. Dumont Regional Hospital provides viral antigen detection and culture identification. In addition to laboratory surveillance there is: o School reporting: during influenza season, schools are asked to report when 10% or more students are absent most likely due to ILI o Reports of sporadic influenza -like illness cases by FluWatch sentinel physicians (recruitment of the FluWatch sentinel physicians is the responsibility of the College of Family Physicians of Canada) o Respiratory infection outbreaks in nursing homes: nursing homes are asked to report any outbreaks of influenza like illness on any day each week o Severe Respiratory Illness Surveillance (SRI) New Brunswick Pandemic Influenza Plan - 18 - Health and Wellness December 2005 As a result of SARS outbreaks in 2003, there was an expansion of the respiratory surveillance activities to include severe respiratory illness (SRI) surveillance in hospitals. This surveillance is aimed at early detection of emerging respiratory infections, including SARS or novel influenza viruses of pandemic potential. Hospitals are alert for persons presenting with a severe respiratory illness who have traveled to either a potential zone of re- emergence of SARS or an area affected by avian influenza (H5N1) within 10 days prior to the onset of symptoms or had known close contact with a symptomatic person with a history of such travel. Hospitals must report the following to the Regional Medical Officer of Health within 24 hours of admission: o SRI hospitalizations: all persons admitted to hospitals who meet current national SRI case definitions o SRI clusters: all clusters of severe respiratory illness in acute care facilities o SARS -Co -V infections: all persons who have laboratory evidence of SARS -CoV infection o Confirmed and probable SARS: all persons who meet current national SARS case definitions o Laboratory confirmed influenza A (H51\11) infection or other novel influenza virus infection Enhancing Provincial Surveillance In the pandemic alert period, the number of FluWatch sentinel physicians will be increased to enhance the surveillance system for influenza like illness. Surveillance activities will be "ramped up" by phase in response to national and international events. Once the pandemic is declared, it is assumed that all physicians and laboratories will direct most of their efforts toward clinical patient care. When a novel virus is detected in North America, enhanced surveillance will be initiated and all health care institutions and physicians will be asked to obtain specimens from as many as possible patients presenting with ILI. In addition, all laboratories will be asked to process specimens from patients with ILI as priority to the largest extent possible. New Brunswick Pandemic Influenza Plan - 19 - Health and Wellness December 2005 Overview of Surveillance during the Interpandemic and Pandemic Alert Period Component Provincial Responsibilities Regional Responsibilities o Develop surveillance network to enable early o Support and participate in detection of influenza activity surveillance of influenza o Identify list of potential sentinel sites for activity enhanced ILI surveillance o Ensure personnel (primary o Use surveillance network to determine when and secondary) has been influenza arrives in the province, the extent and designated for reporting distribution of the illness and to confirm when activities each outbreak is over. o Ensure timely reporting of o Disseminate surveillance information to key influenza activity stakeholders o Commence additional o Support influenza surveillance activities at the activities when directed by regional, national and international levels. the Office of the Chief Interpandemic o Establish process for influenza - related Medical Officer of Health hospitalizations and mortality surveillance (O /CMOH) o Review /enhance protocols and mechanism for recording and reporting of Vaccine Associated Adverse Events o Develop, maintain and enhance surveillance activities for adverse drug reactions and emergence of anti -viral resistance o Ensure laboratories are aware of testing protocols including prioritization or special handling of specimens o Establish protocols for surveillance in morgues, daycares, worksites and pharmacies o Assess and update provincial surveillance o Continue with surveillance strategies with national guidelines activities as directed by the o Refer representative influenza A isolates to 0 /CMOH National Microbiology Laboratory as per NML Surveillance guidelines Pandemic Alert o Implement hospital mortality surveillance o Implement investigation protocols for clusters o Activate enhanced surveillance activities as necessary - e.g. reporting of absenteeism rates in daycares and workplaces, reporting of sales New Brunswick Pandemic Influenza Plan - 20 - Health and Wellness December 2005 Component Provincial Responsibilities Regional Responsibilities activities in pharmacies o Establish /update as necessary, and in cooperation with Public Health Agency of Canada, surveillance of adverse events related to use of anti - virals and vaccines New Brunswick Pandemic Influenza Plan - 21 - Health and Wellness December 2005 PUBLIC HEALTH ACTIVITIES: VACCINES AND ANTI- VIRALS Immunization is the most effective means to reduce the impact of influenza. The National Advisory Committee on Immunization provides annual recommendations on the use of influenza vaccine in persons most at risk for severe complications from influenza or those who could spread influenza to persons at greatest risk. Vaccines, when available, will become the primary public health intervention during a pandemic. However, because of the time frames required to manufacture vaccine, it is unlikely that vaccine will be available early in the pandemic. Additionally, two doses of vaccine may be necessary to achieve an adequate immune response. Thus, priority groups for immunization in the event of a pandemic will be determined in the interpandemic phase. The national Pandemic Influenza Committee has developed nationally recommended priority groups, which will be adopted by New Brunswick. Depending on the epidemiology and impact of the pandemic influenza virus strain, the priority groups may change to target the most affected groups. The storage and allocation of the pandemic vaccine is the responsibility of the Chief Medical Officer of Health. Each Regional Health Authority is responsible for creating an operational vaccination plan that includes provisions for vaccinating priority groups and mass community vaccinating. For example, using strategies to vaccinate the general population may not be feasible in the event of a vaccine shortage and those receiving vaccines will be prioritized. Options could include organizing worksite clinics in hospitals or other sites where priority groups would be working. In planning community vaccine clinics, the needs of vulnerable populations within the regions should be considered. Such groups may include the homeless, mentally ill, and drug users. The large rural areas in New Brunswick must also be considered in the planning of vaccine clinics. Innovative ideas such as mobile vaccination units may be viable options within provincial and regional plans. Vaccine Associated Adverse Events (VAAEs) and their appropriate recording must be included in the planning process. The current process for reporting VAAEs will remain until a more pandemic appropriate or expedited process is identified. New Brunswick Pandemic Influenza Plan - 22 - Health and Wellness December 2005 While vaccines, when available, will become the primary public health intervention during a pandemic, anti - virals (anti - influenza drugs) will have a role in the pandemic response. Anti -viral medication is anticipated to be in limited supply. Consequently, the national Pandemic Influenza Committee will recommend priority groups for receipt of the anti -viral medications as well as stockpile recommendations to ensure supply to support the pandemic response. Depending on the epidemiology and impact of the pandemic influenza virus strain, the priority groups may change to target the most affected groups. The Office of the Chief Medical Officer of Health will control the supply and allocation of publicly funded anti -viral drugs in the province during a pandemic. The utilization of the anti - virals within the province will be as per the nationally agreed upon priority groups and guidelines. Overview of Vaccines and Anti - Virals during the Interpandemic and Pandemic Alert Periods Component Provincial Responsibilities Regional Responsibilities o Promote annual influenza vaccination o Promote local immunization programs for recommended groups programs for recommended groups o Promote increased update of o Monitor adverse vaccine effects and pneumococcal vaccine report them in a timely fashion o Define vaccine priority groups based o Identify priority groups for vaccine on national guidelines and calculate number o Set priorities and guidelines for o Coordinate planning with other vaccine use during a pandemic government agencies to ensure o Communicate priority groups and vaccine delivery to target groups, Vaccines provide predictive formulas for including "hard to reach" groups Interpandemic calculating numbers in priority groups (e.g. homeless and homebound) o Develop plans for storing, o Develop plans to employ alternate transporting, distributing and immunizers (those for whom the task administering vaccines would be outside routine job o Develop information packages descriptions). regarding flu vaccine for use by the o Ensure immunization plans include public and health care providers vaccine storage and distribution o Develop "train the trainer" package plans for training non - traditional vaccinators o New Brunswick Pandemic Influenza Plan - 23 - Health and Wellness December 2005 Component Provincial Responsibilities Regional Responsibilities o Work with professional organizations o Plan mass immunization clinics and unions to develop guidelines to including: adequate medical supplies, employ alternate immunizers medical directives, site identification, o Develop documentation processes for clinic layout, plans for traffic control recording immunizations internally and externally, identify staff who can assess patients for eligibility, and identify vaccinators o Develop call back and follow up procedures should a two dose vaccine regime be required o Confirm triggers for distributing o Review and update mass vaccine immunization plans with staff and Vaccine o Ensure secure distribution processes relevant stakeholders Pandemic Alert o Ensure staff are trained and infrastructure in place to support the immunization delivery o Determine need for and acquire o Develop plans for anti -viral stockpile to support response administration which include storage, o Develop plans for securely storing, staffing requirements, medical transporting, distributing and directives, etc. administering anti - virals o Maintain up -to -date priority list for o Communicate priority groups and anti -viral target groups Anti - Virals provide predictive formulas for Interpandemic calculating numbers in priority groups o Develop educational and promotional resources for the proper use of anti - virals for the public and health care providers o Determine documentation requirements o Confirm triggers for distributing anti- o Ensure staff are trained and Anti - virals virals infrastructure in place to track who Pandemic alert receives anti - virals for treatment or prophylaxis New Brunswick Pandemic Influenza Plan - 24 - Health and Wellness December 2005 PUBLIC HEALTH ACTIVITIES: PUBLIC HEALTH MEASURES The Medical Officer of Health (MOH) has the legislative authority to "take all measures, which have proven practical in public health administration and which have been accepted by public health authorities, to carry out any preventive measure considered necessary to control and prevent the diffusion of a notifiable disease" (Regulation 88 -200 of the Health Act). Public Health measures are non - medical interventions used to reduce the spread of disease. These measures will range from individual measures (e.g. whether members of the public should wear masks) to population -based recommendations (e.g. whether to cancel public gatherings or close schools). The actions of the Medical Officers of Health will be guided by the authority of the Health Act in response to the epidemiology of the disease. For example, should the need for quarantine, restriction of travel or community mixing be required, processes for drafting these directives, disseminating them and policing them will be implemented. This discussion will take place at the direction of the Chief Medical Officer of Health. Findings from the SARS experience demonstrate that traditional public health interventions (case finding and isolation, quarantine, and stringent infection control) were effective in containing the 2003 outbreak of SARS -CoV. It is difficult to conclude that these measures would be just as effective in a more efficiently transmitted disease like influenza, however, their application will be required to some extent. Any measures identified will be within the national guidelines currently being drafted. In the pandemic alert period, the focus is anticipated to be on identifying ill individuals early, as well as those who had contact with them, in order to contain the spread of the virus (case management and contact tracing). To the extent possible, there will be aggressive follow up of confirmed and suspect cases. Once the pandemic arrives, it is unlikely that case management and contact tracing will be manageable or effective. At that time Public Health measures affecting the broader society may be implemented. A comprehensive approach to Public Heath measures includes: o Individual measures to protect those who have contact with people with influenza such as: the use of personal protective equipment and practices (e.g. respiratory etiquette, hand hygiene, stay home if ill, self care if ill), case management and contact tracing, self isolation, and individual activity restrictions. o Community measures, such as canceling public gatherings and closing schools New Brunswick Pandemic Influenza Plan - 25 - Health and Wellness December 2005 Overview Public Health Measures during the Interpandemic Period Component Provincial Responsibilities Regional Responsibilities o Establish guidelines for the use of o Develop plans for implementation of measures to increase social distance Public Health measures o Develop educational materials on influenza and personal protective practices o Develop guidelines for Public Health staff on how to implement public health measures Public Health o Establish protocols for case Measures management and contact tracing at different phases of the pandemic outbreak o Develop alternative contact tracing /case management mechanisms as conventional methods (i.e. individual case management) may no longer be feasible during a pandemic New Brunswick Pandemic Influenza Plan - Z6 - Health and Wellness December 2005 ESSENTIAL HEALTH SERVICES During the pandemic there will be a marked increase in demand for people (health care workers and others) to care for the sick, as well as for appropriate locations and equipment to facilitate the provision of health care. Communities and health care organizations need plans that will address what will be done when the health care system is overwhelmed and care must be provided by persons, both health care workers and volunteers, doing work which is not normally part of their daily activities and potentially in settings not usually used for health care provision. Laboratories, ambulances, mental health, hospitals and home care services are all key components in the essential health services response. National clinical care guidelines have been developed to assist with planning for and coping with large numbers of influenza cases, some of whom may have severe disease or life- threatening complications. The surge in demand is expected to occur over a six to eight week period in two or more successive waves. These clinical care guidelines are included as annexes in the Canadian Pandemic Influenza Plan and are broadly classified into the following categories: infection prevention and control, clinical management of influenza, resource management, and non traditional workers including health care workers and volunteers. Regional Health Authorities (RHAs) are responsible for developing contingency plans for the delivery of health services in the event of a pandemic. This planning should be in conjunction with other stakeholders in the community to ensure a coordinated response. Due to the expected increase in demand for health services, RHAs are responsible to estimate the potential impact of pandemic influenza by: o Evaluating the ability to cope with increased demand (surge capacity) and the existing resources: e.g. beds with and without oxygen and suctioning capacity, ventilators, ICU beds, antibiotics and anti - virals, staffing levels, mortuary capacity and mental health facilities /capabilities o Estimating the number of non funded beds and the amount of available space that may need to be utilized; and at what care level those spaces may be utilized o Evaluating the ability to operate the facility on reduced staffing levels and increased demand for care o Consulting, and adapting as appropriate, the Canadian Pandemic Influenza Plan for evidenced based guidelines in the clinical care of influenza and infection control recommendations for health care facilities New Brunswick Pandemic Influenza Plan - Z7 - Health and Wellness December 2005 o Considering homeless, vulnerable populations — Populations that tend not to access formal health services should be included in the health services plan. In conjunction with the community steering group, strategies for delivering care and information to these groups should be undertaken. Overview of Essential Health Services during the Interpandemic Period Component Provincial Responsibilities Regional Responsibilities • Develop guidelines for prioritizing o Plan for sustained high volume health health care needs and service care needs delivery (including hospitals, labs, o Identify strategies to ensure ambulance services and mental adequate human resources health services), accessing resources, o Identify strategies to ensure and implementing infection control adequate material resources measures during a pandemic o Plan for triage • Establish guidelines to support o Identify alternate care sites for alternate care providers in a clinical service delivery Essential pandemic, including insurance issues o Purchase /stockpile extra medical Health Services o Determine and develop role of Tele- supplies needed for pandemic Care in pandemic response preparedness • Provide information and educational o Hospitals should assess the adequacy materials about pandemic influenza of: triage, space, beds, ventilators, to health care providers antibiotics, medical and nursing staff, • Clarify and /or adapt national and morgue capacity infection control guidelines in terms of their relevance to NB hospitals • Support stockpiling of essential medical supplies New Brunswick Pandemic Influenza Plan - Z8 - Health and Wellness December 2005 COMMUNICATIONS Communication is an integral part of all emergency planning responses. Communications serves as a vehicle to ensure that appropriate messages and information reaches the appropriate target groups. The goals for the Communications component of this plan include: • Create a rapid transfer of information (from local to regional to provincial to federal levels and vice versa) and updates (Internal Communication • Create the ability to assimilate rapid information such as illness, vaccine uptake, adverse events, etc. (Internal Communication • Have effective distribution of information, for instance, information packages to the medical community, the media, and the public (Public Communication). Internal Communications Effective internal communications provide the backbone for a coordinated response to an influenza pandemic. A wide range of stakeholders will need to share accurate, timely and consistent information about what is known about the pandemic strain and the risks to public health as well as advice on how to manage those risks at each stage of a pandemic. Internal stakeholders involved in information sharing with the New Brunswick Pandemic Influenza Committee include: relevant Government departments, federal, provincial, territorial and international health agencies, health care professionals, infectious disease experts, Regional Health Authorities, Medical Officers of Health, and the network of New Brunswick Health Emergency Management. Communication tools to share disease surveillance information have been developed and are utilized by designated users at the federal, provincial and territorial levels. This provides a venue for the rapid dissemination of information across jurisdictions. A similar process is being utilized at the provincial level to facilitate exchange of health related information between the provincial and regional levels. Public Communications Communications Branch of DHW has drafted an Emergency Communications Plan as an annex to this plan. If the situation escalates within the province, the Emergency Communications Plan will New Brunswick Pandemic Influenza Plan - 29 - Health and Wellness December 2005 link to a broader structure coordinated by Communications New Brunswick. Communications New Brunswick will then oversee the activity of several Departments. The key message in the Emergency Communications Plan is preventing the spread of influenza, particularly by adopting good hygienic measures like hand washing. These messages will be relevant to all New Brunswickers and specific target audiences, such as seniors, health care providers, essential service workers, large employers, children, workers, government, media, stakeholders, students and institutions, may be identified. The objectives of the communications plan differ according to the phase of pandemic preparedness: • Interpandemic and pandemic alert phase: To educate and create good practices. • Pandemic Phase: To minimize the spread of illness, to minimize social disruption, and to manage expectations. o Post - Pandemic Phase: To return to normal and to sustain good hygienic practices. Overview of Communications during the Interpandemic Period Component Provincial Responsibilities Regional Responsibilities o Adapt provincial Emergency o Support and participate in provincial Communications Plan to guide Emergency Communications Plan Communications during an influenza pandemic o Develop detailed strategies and Internal guidelines for Communications for all Communications three phases o Provide regular timely information updates o Build capacity for rapid internal Communications o Inform public, media and health care o Identify regional spokesperson providers of provincial pandemic and o Coordinate public awareness efforts emergency response plans with Communications branch o Communications Branch will: identify Public spokesperson and an alternate to Communications convey information to public; provide template for public information; and ensure key messages are consistent with national messages, New Brunswick Pandemic Influenza Plan - 30 - Health and Wellness December 2005 Component Provincial Responsibilities Regional Responsibilities o Provide regular timely information updates o Public Communications also encompasses the production and dissemination of educational pieces, planning media, advertisements, and planning for communication challenges and risks and modify public awareness efforts accordingly. New Brunswick Pandemic Influenza Plan - 31 - Health and Wellness December 2005 COMMUNITY EMERGENCY RESPONSE A pandemic influenza is anticipated to cause significant stress and potential disruption in normal community services. Because of the diversity of community and regional needs throughout the province, regional steering committees must identify their own community needs and develop plans to meet those needs. The national and provincial pandemic plans serve as a resource for planning for the unique pandemic impact. Municipal Government Planning Considerations Essential services provided in every community include water, power, transportation, communications, food and other essentials. One of the assumptions that the provincial plan makes is that essential services may be interrupted due to the high illness rate expected to impact all sectors. It is imperative that municipalities and organizations responsible for providing essential services plan for operations during the pandemic period. Examining the appropriateness of existing disaster plans is essential in beginning the planning process. Planning for redundancy in operations is crucial to maintain them during disasters and health emergencies. Municipalities are advised to consider the following with respect to pandemic influenza planning and response: o Initiation and maintenance of communication with local pandemic influenza steering committees o Continuity of local government o Maintenance of essential services such as those described above and fire /police service o Communications messages about disruption or delays in services should they occur o Provision of support to the Regional Health Authority and the local Public Health region upon request. Such requests may include, but are not limited to, transportation to and from /traffic control during immunization clinics, assistance in mobilizing the regional plan o Assistance in any community infection control measures such as closure of public buildings o Plan for continuity of commerce such as food purchases and gasoline New Brunswick Pandemic Influenza Plan - 32 - Health and Wellness December 2005 Volunteer Mobilization The use of volunteers in disaster relief has been invaluable in the past. In the event of a pandemic when human resources are expected to be particularly challenged, it is considered inevitable that planners consider the use of volunteer services in their emergency response. A coordinated approach to the identification, recruitment and deployment of volunteers will help to ensure access to the most appropriate responder at the appropriate time. It is recommended that each regional steering committee have volunteer representatives to provide guidance and assistance in the development of a regional volunteer plan. Family and Community Services The Department of Family and Community Services has two important functions in relation to emergencies such as a potential pandemic influenza: continuing to provide departmental services to the citizens of New Brunswick and providing emergency social services. Family and Community Services' mandate during an emergency includes providing services to vulnerable populations, basic social assistance, housing services, and protection services, to name a few. Family and Community Services has established a coordinating committee involving all regional offices in order to plan the response to pandemic influenza issues, to coordinate actions in regions and to maintain service delivery. New Brunswick Pandemic Influenza Plan - 33 - Health and Wellness December 2005 0 PE RATIONALIZATION AND RECOVERY Specific technical appendices are used to support the operationalization (response) of the pandemic plan. These appendices continue to be developed and modified as new information becomes available. During the pandemic, ongoing evaluation of the response will occur to determine if any changes need to be made so pandemic influenza plans can be adapted and refined as required. The recovery phase will involve deactivating the response activities, reviewing their impacts and using the lessons learned to guide future planning. New Brunswick Pandemic Influenza Plan - 34 - Health and Wellness December 2005 M & C 2006 — 47 February 23rd, 2006 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Councillors: SUBJECT: Harbour Clean -Up Now! PURPOSE OF REPORT The purpose of this report is first to highlight the critical need to act Now on clean -up of Saint John Harbour, Marsh Creek, Dutchman's Creek, the Saint John River and other waterways in our community. Secondly, it is timely to reinforce efforts of the Province of New Brunswick to SECURE the funding required to clean the water environment and treat millions of litres of raw sewage currently being dumped into that water environment. BACKGROUND On January 30`'', 2006, Saint John Common Council again reaffirmed its commitment to Harbour Clean -Up by allocating $6,832,000 of $16,947,000 Saint John Water Capital funding to wastewater treatment upgrades. The focus of wastewater work has shifted to the area presenting the greatest challenge — the East drainage basin, encompassing East Saint John, the South Central Peninsula and Waterfront outfalls. In other words, this means finally ridding Marsh Creek, the Harbour Passage and other areas of the appalling contamination that poisons what should be priceless assets. Objective: 100% treatment of collected sewage effluents for serviced areas of the city. Critical to making real progress is building sufficient, secondary -level treatment capacity. This is the need that must be met first. The two existing plants in East Saint John are on their "last legs "; the facilities are woefully inadequate, substandard and almost ramshackle. Rather than statistically treating 43% of existing collected wastewater in the East drainage basin; the City could be dumping 100% of this sewage into the environment - raw. Saint John will not truly solve its environmental crisis until it has somewhere for the raw sewage to go for treatment and the means to get it there. M&C 2006 - 47 February 23rd, 2006 Harbour Clean -Up Now. ANALYSIS Hazen Creek Wastewater Treatment Facility Construction of a new Hazen Creek Wastewater Treatment Facility is the pivotal project. The plant must be in operation and treating wastewater before the raw sewage can be redirected from outfalls. Council has formally committed its share; we are now looking to the Provincial and Federal governments for their formal commitment of funding. -Z, Eastern WWT Facility Construction - Phase A 2006 $11,805,000 -1,1? Eastern WWT Facility Construction - Phase B 2007 $23,610,000 -1,1? Eastern WWT Facility Construction - Phase C 2008 $11,805,000 Related 2006 Proiects Other projects that are awaiting the signing of formal agreements are: -z- Thorne Ave Lift Station #4 Construction 2006 $ 5,910,000 -z- Bayside Drive /Red Head Road Forcemain/Collector 2006 $ 2,390,000 Progress Delayed The City of Saint John has prepared itself for these initiatives and is virtually ready to proceed. Engineering and design work for the WWT Facility and the Bayside Drive / Red Head Road Forcemain/Collector projects are nearing completion. Tenders could be called very soon. The Forcemain/Collector project is also tied into the project to re -build the first section of Red Head Road. The optimistic completion date of June 30, 2006 for Red Head Road reconstruction project will not be achieved unless the work is tendered very soon. 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, C.A. City Manager Page 2 M &C 2006- February 23, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: 12th Canadian National Conference and 3rd Policy Forum on Drinking Water BACKGROUND On April 1 to 4, 2006, the Federal - Provincial - Territorial Committee on Drinking Water will be sponsoring the 12th Canadian National Conference and 3rd Policy Forum on Drinking Water. This biennial conference brings together Canada's government regulators, municipal utility managers, public health inspectors, researchers, students and many others concerned with drinking water. For 2006, the event will be held in Saint John at the Trade and Convention Centre. A copy of the preliminary schedule is attached. The Federal - Provincial - Territorial Committee on Drinking Water develops the Guidelines for Canadian Drinking Water Quality, which are published by Health Canada. Additionally the Committee initiated the Source to Tap management framework, published by the Canadian Council of Ministers of Environment and Health Canada. The Guidelines present maximum acceptable concentrations and/or aesthetic objectives for microbiological, chemical/physical and radiological parameters of potable water obtained from all private and municipal water sources. Source to Tap integrates and sets out the framework of areas and activities needed to ensure public health in drinking water supply. ANALYSIS This Council has repeatedly emphasized the importance of high quality, safe drinking water as one of Saint John's foremost priorities. In January of this year, Council approved the 2006 Operating and Capital Budgets for the Water & Sewerage Fund. This budget included the largest capital program the utility has ever contemplated. Each of these things is essential in the long quest to bringing the highest quality drinking water to Saint Johners. The 12th Canadian National Conference and 3rd Policy Forum on Drinking Water represents an opportunity to show the rest of Canada and in particular those who regulate the provision of safe drinking water (across Canada and in New Brunswick), that the City of Saint John is firmly resolved to provide our citizens with safe drinking water of the highest quality. The conference brings together the latest reports and papers on drinking water issues; it also conducts two policy fora and a public forum. Sunday night, April 2nd at 7:00pm, a public forum on Unfiltered Surface Water Systems will address issues key to the supply of safe drinking water in Saint John - the Spruce Lake and the Loch Lomond water systems are currently unfiltered. This forum will be open to media and any interested member of the public. A panel of specialists from Health Canada, NB Department of Health, NB Department of Environment, and a major Canadian Water Utility will discuss the issues associated with a surface water supply and address questions from the audience. Given the great importance of this topic to our citizens, it would be a clear indication of the resolve of this Council if an elected representative of the City of Saint John were to sit as a member of the panel at this Public Forum. This year represents the first time the National Conference is being held in Saint John, and it is an opportunity for Council, staff and the citizens of our city to show how highly we value the provision of safe drinking water and for us to meet with Canada's leaders in this fundamental public service. RECOMMENDATION It is recommended that Common Council select a representative to participate in the Public Forum and that Council encourage its members to attend and participate in the 12th Canadian National Conference and 3rd Policy Forum on Drinking Water. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering 12th Canadian National Conference and 3rd Policy Forum on Drinking Water Safe Drinking Water: Moving Forward Together Saint John, New Brunswick Saint John Trade and Convention Centre and Hilton Saint John April 1 - 4, 2006 Sponsored by The Federal - Provincial - Territorial Committee on Drinking Water Conference Objectives and Format With the objectives of assuring continuous improvement in drinking water services and public health in the face of new challenges, aging infrastructures and new solutions, the Conference will bring together the latest reports and papers on drinking water issues. These will be presented and discussed through oral and poster presentations, two policy fora and a public forum. The proposed Conference and Poster sessions will cover research findings, technical innovations, emerging issues, regulations and guidelines, monitoring and reporting. The languages of the Conference will be English and French with simultaneous interpretation. AA E F, -, C A, — .. A A a", f- I' P, — A Every person involved in drinking water supply and public health should attend and particularly those affected by the policy and regulatory frameworks or public concerns. The Conference provides a unique opportunity for Canada's consulting engineers, government regulators, municipal utility managers, public health inspectors, private operators, researchers, students and others concerned with drinking water to meet, mingle and discuss the current issues. Thus, the conference discussions will help develop policies and the path forward. Pref rninary Program 12th Canadian National Conference and 3rd Policy Forum - Preliminary Program Time Day 1: Saturday, April 1, 2006 8:15am - 4:30 pm Enterprise -Wide Risk Management Workshop 4:30 - 7:00 pm Registration 7:00 - 9:00 Ipm Opening Reception Day 2: Sunday, April 2, 2006 7:30 am Registration 8:30 am Opening Plenary Welcome to Saint John Keynote Speaker: Edward V. Ohanian, Ph.D., United States EPA 10:00 am Refreshments 10:30 am Analytical Methods and Monitoring Application of GIS tools in Establishing Regional Water Supply and Operations Solutions Virus occurrence in municipal groundwater sources in Quebec. INRS- Institut Armand - Frappier Guidance for the Reporting and Regulating Pathogen Concentrations and Removals, University of Waterloo Health Surveillance and Research Economics and Pricing Beyond Source -to -Tap: The A Little Knowledge ...: Complete Role of the Health Household Water Quality Department in Water Investment in the Annapolis Safety, Edmonton, AB. Valley. Developing a Drinking Water Drinking Water Disinfection By- Products and Pregnancy Management Plan for Greater Outcome. Misha Hasan, AwwaRF Vancouver Water District. Drinking water nitrate Full Cost Pricing of Water in concentrations and type 1 Ontario. Gary Scandlan, C.N. diabetes at the watershed Watson and Associates Ltd. level, Prince Edward Island. 12:00 pm Lunch - Sponsored by the National Guide to Sustainable Municipal Infrastructure 1:30 pm Analytical Methods and Monitoring Evaluation of Media for Simultaneous Enumerationof Total Coliform and E.coli by Membrane Filtration. Saskatchewan Health E. coli detection in drinking water using conventional and molecular -based tools. Sarah Payne, Dalhousie University. Methodological Discrepancies for THMs Analysis in Drinking Water: Health Canada Experience. Health Surveillance and Research Risk of Gastroenteritis in Rural Areas with Intensive Animal Farming. Institut national de sante publique du Quebec. Assessing Impacts Of Environmental Factors And Microbial Contamination Of Watersheds On Community Health. The Occurrence of Bacterial and Protozoan Pathogens in the Grand River Watershed. University of Waterloo. Operator Training Assessment of the Recent Implementation of Competence Requirements for the Drinking Water Operators in Quebec. Operating and managing remote First Nation water and wastewater treatment plants in Ontario through Circuit Rider Training Program TRU Water Treatment Technology Program. Thompson Rivers University 3:00 pm Refreshments - Sponsored by the Canadian Association for Environmental Analytical Laboratories 3:30 pm Guidelines Development Small Systems Issues Quality Management and Regulatory News Systems NB Environment Protocol for Residuals Management Tapping into Drinking Water Determining Groundwater Challenges for Small Standards. Pat Paladino, Under the Direct Influence Systems. Margaret Walsh, Standards Council of of Surface Water. Dalhousie University. Canada. Compilation, Management Multiple Immersed Drinking Water and Analysis of Municipal Ultrafiltration Membrane Laboratories: A Focus on Drinking Water Quality Data Plants for Small Quality. NB Department of in New Brunswick. Municipalities. ZENON the Environment Ontario's Advisory Council A Proficiency Testing Haloacetic Acid Occurrence on Drinking Water Quality in Drinking Water in Nova Program for Process and Testing Standards Scotia and the Implications (Operational) Testing. Ken Drinking Water Systems for Small Treatment Middlebrook, CAEAL Regulation Review. Systems. Transfer Responsibility for Impact of Guidelines for The Benefits of Laboratory Small Drinking Water Canadian Drinking Water Accreditation for Testing Systems From The Ontario Quality on the Cold Regions. Drinking Water. Rick Wilson, Ministry of the Environment Mukesh Mathrani, Earth CAEAL to the Ontario Ministry of Health and Long -Term Care. Tech Canada Ltd. 7:00 pm Public Forum: Unfiltered Surface Water Systems IIDay 3: Monday, April 3, 2006 7:30 am Registration 8:00 am Guidelines Development land Treatment Technology [and Risk Management and Regulatory News Processes Public Perception First Nation Water Results of bench scale Do You Hear What I Hear? Management Strategy experiments on the Overcoming Literacy, Initiatives and Challenges reduction of taste and odour Numeracy and Perception Derrick Kamanga, Ontario compounds using UV/ Barriers in Communicating First Nations H2O2. University of Environmental and Public Waterloo Health Risk. Tools For Use Within A Multi Mitigation of Taste and Public Perspectives on Barrier Approach To Safe Odour Compounds by Drinking Water Quality and Drinking Water. Laura UV /1­12O2 Advanced Related Health Risks - a D'Costa, Health Canada Oxidation: Optimization of Post Walkerton and North Treatment Conditions Battleford Assessment. University of Alberta. Fraser Health Authority - Meeting the Proposed The public perception of Drinking Water Program. Arsenic Limit in Alberta. drinking water in a Fraser Health Authority Alberta Environment Canadian community. Is it Safe to Drink ?: Public Alberta Environment Arsenic Treatment for Small Drinking Water Abatement Water Systems in Nova Concerns Post - Walkerton. Approach Using Database. Scotia University of Manitoba. 10:00 am Refreshments 10:30 am Guidelines Development and Treatment Technology Water Quality and Regulatory News and Processes Distribution System Management Guidelines for Canadian Drinking Design Considerations for Drinking Water Water Quality: Using Information Conventional & High Rate Quality in Buildings - on Treatment Technology and Dissolved Air Flotation for A Monitoring Study. Analytical Methods to Identify the Clarification of Drinking University of Alberta Potential Limitations. Water. The Importance of Non Health IComparison of OF and NF Water Main Repairs Related Criteria in the Membrane Technologies for and Their Impact on Determination of a Maximum Application in Atlantic Water Quality. Ecole Acceptable Concentration: the Canada. Michael Chaulk, Polytechnique de Example of Arsenic in Drinking ZENON Environmental Inc. Montreal. Water. Institut national de sante publique du Quebec. J Stakeholders' Roles and Challenges of Responsibilities in the Risk Assessment of Drinking Water Quality in Kamloops, Reducing Lead Management of Emerging British Columbia Following Exposure in Drinking Scientific Knowledge: a Case Study a Treatment Technology Water: NSF /ANSI of Disinfection By- products (DBPs) Upgrade. University of Standard 61 and in Drinking Water. University of Lead. NSF British Columbia Alberta. (International 12:00 pm Lunch 1:30 pm Guidelines Development Treatment Technology Water Quality & and Regulatory News and Processes Distribution System Management Regulating New Brunswick's Bridging the Gap Between Escherichia coli in drinking Municipal Drinking Water Pilot Plant Testing and Full water sources and Systems. Tony Whalen, NB Scale Upgrades at the distribution system Environment and Local Mannheim Water Treatment biofilms. University of Government Plant Region of Waterloo Ottawa. Alberta's Waterworks Minimizing Disinfection By- How Does the Disinfection Facility Assessment. Ralph Products Through Optimized Regime Affect the Microbial Schroth, Alberta Disinfection: Case Study. Profile in Downstream Environment City of Ottawa Distribution Biofilms? Ontario's Drinking Water A Comparison between a Using Bayesian Parameter Quality Management CFD Approach and CT10 Estimation for Standard (working title), Method for Evaluation of Multicomponent Chlorine Indra Prashad, Ontario Drinking Water Ozone Decay Kinetics Study in a Ministry of the Environment Disinfection Performance. Water Distribution System. 3:00 pm Refreshments - Sponsored by the Canadian Chlorine Chemistry Council 3:30 pm Watershed / Wellhead Treatment Technology and Utility Perspectives Protection and Processes Management Protection And Reducing the Risk of Seeing the Value in Value Management Of Diverse Pathogen Passage Through Engineering - Applications Source - Waters Filter Optimization. City of to Water Systems. Ottawa Being Different Doesn't Continuous Improvement Vilna High Quality Mean Being Indifferent - through Water Quality Master Groundwater Conversion The Evolution of the Planning. Joe Gemin, Earth Project- A Challenge. Rase/ Northwest Territories Tech Ltd. Hossain, Alberta Water Board in Watershed Environment Protection and Management. The Value of Data When Reducing Contamination in Identifying Potential Pipe Establishing a Wellfield Drinking Water Treatment Failures. University of Protection Plans. UNB Chemicals.NSF Guelph Protection of drinking water sources from agricultural pollution in Quebec,Universite Laval 5:00 - 6:30 Poster Session - Meet the Authors pm - Sponsored by Strategic Diagnostics Inc. 7:00 pm Conference Dinner followed by entertainment Day 4: Tuesday April 4, 2006 7:30 am Registration 8:00 am Watershed / Wellhead Emerging Issues Perspectives from Protection Overseas West Creek Well Survey. Fraser Health Authority Zooplankton Prevalence: Drinking Water Treatment Bio Evaluation of Underground Water in South Concerns. east Morocco Groundwater Protection - A Geospatial Analysis of the Use of real -time PCR for Case Study of Poor Well Contamination of Drinking Detection and Quantification Construction. Water by E. coli and its of Legionella Bacteria, Resistance to Antibiotics in France Southern Ontario. Groundwater Under the Amodel to assess the risks Tools for Groundwater Influence? P.M. Wallis, to public health from Resource Management. Hyperion Research Ltd. pathogens in drinking Norwegian University of Life water. Health Canada Sciences Successful Rehabilitation of Coliform 649! Michael Impact of the Storage of Sand and Gravel Wells, Brodsky, Brodsky « Margines » on the Wilmot Park Wellfield, Consultants Physicochemical Quality of Fredericton Aquifer, Underground Water Fredericton Marrakech, Morocco). 10:00 am Refreshments 10:30 am Emerging Issues Utility Perspectives Perspectives from Overseas Conversion of Existing Removal of Triclosan and nomic s, Conservation, Plant Infrastructure for Select Pharmaceuticals Using FEco cing and Investment: ,New Processes. UV Irradiation and UV /H2O2. e Dutch Experience. UV Retrofit - Converting a Clearwell to a UV Disinfection Facility. Occurrence and Treatment of Endocrine Disruptors and Pharmaceuticals. Southern ISO TC 224: Service activities relating to drinking water supply Nevada Water Authority systems and wastewater systems. Town of St. Andrews by- The Presence and Seasonal the -Sea New Water Variation of Pharmaceuticals Treatment Plant; and Endocrine Disrupting Enhanced Treated Water Chemicals (EDCs) in Southern Quality by following the Ontario Drinking Water Filtration Exclusion Supplies. Jennifer Kormos, Provision of the Health University of Waterloo. Canada Turbidity Guideline. 12:00 pm Lunch 1:30 Regulatory Forum Research Forum Keynote Speaker Edward V. Ohanian, Ph.D. Director Health and Ecological Criteria Division Office of Science and Technology / Office of Water U.S. Environmental Protection Agency Washington, D.C. Dr. Ohanian is the Director of the Health and Ecological Criteria Division, Office of Water, United States Environmental Protection Agency ( USEPA), in Washington, D.C. The Division is responsible for conducting human and ecological risk assessments as required under both the Safe Drinking Water Act and Clean Water Act. Recently, he has been appointed the Chairman of the USEPA Risk Assessment Forum. He also serves as an Adjunct Associate Professor with the School of Public Health and Tropical Medicine at Tulane University Medical Center, and with the School of Public Health and Health Services at George Washington University Medical Center. As the Co- Chairman of the Federal -State Toxicology and Risk Analysis Committee, he has been instrumental in fostering cooperation and consistency regarding improved risk assessment /management methodologies. Previously, he served as the Acting Director of USEPA Office of Research and Development's National Center for Environmental Assessment at Cincinnati, Ohio. As the Co- Chairman of the EPA Administrator's Risk Characterization Implementation Team, Dr. Ohanian was responsible for the development and implementation of the USEPA risk characterization policy by the Agency's program offices and regions. Dr. Ohanian received his bachelors in Biological Sciences from Columbia University and his Masters in Physiology from the New York Medical College. His Doctorate in Biomedical Sciences was obtained from Mount Sinai School of Medicine. He has contributed over 60 articles and chapters to scientific journals and books; and has been a member of editorial boards of scientific journals. His professional affiliations have included the Society of Toxicology (appointed member of Committee on Public Communications, 1990- 1992), the Society for Risk Analysis, the Society for Environmental Geochemistry and Health (President, 1987 -1989) and the American Association for the Advancement of Science. Saint John Water will be having public displays of historical photographs, drawings and artefacts regarding the evolution of Canada's first public water supply: displays will be at the Saint John Free Public Library and in the atrium of the New Brunswick Museum, both at Market Square adjacent to the Conference site. The displays will be open to the public starting March 28 and running to April 9th (the end of the week of the Conference). Come to view the history! Sponsoring a meal function like the Opening Reception, Dinner, luncheon, refreshment break, or a Conference Keepsake like the Delegates' bags and Programmes, is an excellent way for any organization looking to increase their brand awareness and gain access to senior level, key decision makers in the Canadian drinking water sector. You have the combined feature of networking and displaying promotional information to a highly targetted audience. Registration Forms and any questions may be sent to: 12th Canadian National Conference on Drinking Water c/o CWWA 11 - 1010 Polytek Street Ottawa, ON K11 91­19 CANADA Tel: (613) 747 -0524 Fax: (613) 747 -0523 E -mail: kparisien(abcwwa.ca M & C 2006 — 46 February 17, 2006 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, SUBJECT: Bulky Item Pick up Program White Goods Program BACKGROUND: In April 2005, Common Council reinstated a "clean -up" program; a pick up and disposal service for large household items not eligible for regular residential garbage and compost collection. The traditional "clean up week" was discontinued after 2001 due to escalating costs and continued financial pressures on the General Fund. Council earmarked $155,000 in the 2005 Operating Budget for the purpose of this bulky item pick up service. A two week Household Spring Cleanup Program was developed and scheduled between May 9 and May 20, 2005. Strict guidelines were established for eligible items, the quantity, placement for collection, pick up schedule, method of collection, manpower and equipment resources. Successful implementation was based on our service principles and maximizing the efficiency and effectiveness of the program. City serviced routes were scheduled for May 9 — 13 while contracted routes were scheduled for May 16 — 20, 2005. The program was well advertised with the anticipation that the public would be cooperative. The experience was not an entirely positive one. Violations not only exceeded some program guidelines, but also resulted in several environmentally damaging and illegal dumping situations. Garbage was strewn about at some locations in the city, in areas like Whalen Road, Bridge Street, Victoria Street, Main Street North and St. James Street, just to name a few. Health concerns became a primary issue and a media blitz ensued. For a complete month, staff continued to clean city streets. Additional staff and equipment from all other areas of Public Works were used to augment Sanitation resources. In the end the Cleanup Program cost approximately $310,000. M &C 2006 — 46 February 23, 2006 Page 2 White Goods Day In addition to the curbside pick up of eligible items, the City provided residential customers with an option to get rid of their "white good" items, not normally included in regular garbage collection or the Household Spring Clean -up Week. Eligible items were stoves, refrigerators, washers, clothes dryers, dish washers, freezers and hot water tanks. Residents were restricted to a maximum of 5 white goods. The City of Saint John held two special "drop off' days Saturday June 11 and Saturday June 18, 2005.The three Public Works Depots on McAllister Drive, McIntosh Street and Fairville Boulevard were utilized as the drop off locations. The city made the appropriate arrangements for the removal of all Freon and the scrap metal went to a recycle facility. Overall this program was deemed a success with very few problems. ANALYSIS: Staff previously indicated to Council, that the service experience would be monitored and we would report back to Council. In addition, it was suggested the approach for bulky items pick up could be something different depending on the 2005 experience. Staff has met and discussed a number of key factors and alternatives to the traditional and 2005 modified "Clean -up Week ". In order to provide a reasonable service within budget, we are proposing a registered program with specified criteria. These must be adhered to. Staff believes this would eliminate the situation faced in 2005; however it will not eliminate the possibility of illegal dumping. Staff will continue to work on an enhanced education program to reduce incidents of illegal dumping. Service Principles used for the program. Service options adopted are guided by our previously established principles: • Consistent — the service must be consistently applied to all current Saint John residential "customers" as defined in the Solid Waste By -Law. • Reasonable — the intent of the service is to provide residential customers with an option for getting rid of bulky household items that can't be included in the regular pick up; not to subsidize contractors and homeowners involved with building renovations, clearing land, demolition, etc. or to allow some to "take advantage" of a public program by abdicating responsibility and dumping large quantities of junk, debris, outbuildings, and the like. M &C 2006 — 46 February 23, 2006 Page 3 • Efficient — the service must be efficient — resources (manpower and equipment) should maximize the amount of material collected and transported to the landfill site at minimum cost — utilization of specialized compacting trucks, and minimum reliance on straight trucks and heavy equipment. • Effective — the majority of customers should perceive a value from the service, with a result in cleaner properties and proper disposal of unwanted items. Proposed Services Staff proposes to provide residential customers the opportunity to participate in a "Bulky Item Pick up Program" and an enhanced "White Goods Program". The goals and criteria are outlined as follows: Project Goals 1. To provide a service to all residential units within the City of Saint John for large bulky items not normally picked up during regular solid waste collection. 2. To provide a service to all residential units within the City of Saint John for white goods not picked up during solid waste collection. Eligible Items for Pick up Must be a current resident receiving the City's Residential Solid Waste Collection Service Manageable in size and weight Placed at curbside when stipulated by City staff 1. Household Furnishings & Metals • Bedspring and mattress • Sofa and living room chair • Table and chairs • Television • Computer and monitor • DVD, VCR • Bookcase, cabinet, desk • Microwave 2. Lawn furniture 3. Bulky children's toys 4. Trunk and tool box 5. Windows and Doors 6. Carpet and vinyl flooring 7. Bicycles(not motorized) M &C 2006 — 46 February 23, 2006 Page 4 Criteria for Free Program Single Dwelling o Up to a maximum of 3 items o Limited to 2 pick -ups per year o Registration required with Municipal Operations Customer Service (658 -4455) o City stipulates when item(s) are to be placed at curbside Multiple units(2 -4) o Up to a maximum of 6 items per PID(per property) o Property owners' responsibility to coordinate tenant limits o Limited to 2 pick -ups per year o Registration required with Municipal Operations Customer Service (658 -4455) o City stipulates when item(s) are to be placed at curbside In extenuating circumstances the program could include a third pick up. This would be at the discretion of the Commissioner. White Goods It is proposed to continue the free "White Goods Drop Off "service, however, with some modifications. Staff feels offering the program twice per year for 2 consecutive Saturdays (May and October) will provide a more enhanced program to our residential customers. The restriction of a maximum of 5 white goods per residential property per year will apply. The program will be administered through a registration process. Eligible items include stoves, refrigerators, washers, clothes dryers, dish washers, freezers and hot water tanks. City personnel and resources will be used for both the "Bulky Item" and "White Goods" services. Public Information The "Bulky Items" service will commence in early spring. The "White Goods Drop Off' service will be offered in May and October. A public information campaign will be initiated to notify the public of the kick off dates, eligible items, criteria and registration for both service(s). M &C 2006 — 46 February 23, 2006 Page 5 INPUT FROM OTHER SOURCES: In previous discussions with external partners, including the Fundy Region Solid Waste Commission, concerns were raised as to the amount and type of material that could be placed in a designated week program. The preference was to spread the pickup over the year. The issues have been reviewed with the Commissioner of Building and Inspection Services (Building Inspector) and his by -law enforcement staff. We have also consulted with and received the input of our solid waste collection team, the staff most directly affected and concerned about the issues. In addition, we appreciate and understand the concerns expressed by citizens in regards to the 2005 program. Staff is concerned with the environmental impact from a compressed, one or two week, program. FINANCIAL IMPLICATIONS: The 2005 Household Spring Clean up Program cost $310,000. City resources hauled 1959 tons to the Fundy Regional Solid Waste Facility, 1559 tons of cleanup material above the 400 tons per week normally collected at this time of year. The White Goods program cost $8000 which included $2800 for the removal of Freon and $5200 in staff costs. It should be noted other associated costs such as wear and tear of equipment, fuel and the manpower for equipment repairs are not included. In 2005, the City purchased a new rear load packer in addition to 3 other units to facilitate a more efficient and enhanced Solid Waste service for the citizens of Saint John. The rear packer unit was crucial for the collection of certain large bulky items. It is necessary to undertake measures that will help control the cost of providing this service and facilitate an effective and efficient household clean up program for both bulky items and white goods. Staff believes this proposal will meet these requirements within budget while providing citizens the opportunity for service improvement, a cleaner environment and help deter illegal dumping. M &C 2006 — 46 February 23, 2006 Page 6 CONCLUSION: The 2005 Household Cleanup Week was successful from an operational perspective. Staff resources, which included both the day and night shifts, did an outstanding job of executing the program and keeping the financial costs to a minimum. The program costs were less relative to those associated with past programs even though they did not meet the financial limits set. The long hours, enormous amount of material and numerous cases of abuse, did not deter the productiveness or efficiency of completing the program. Staff worked with a great deal of pride in serving the public. The collection undertaken included not only the 17,000 residential customers served by City forces but also the 4,000 additional residential customers serviced by contractors. Community participation was not successful in terms of compliance, illegal dumping sites and its impact on the environment. The strict guidelines established were based on the "Service Principles" used for the program. The "White Goods Program" was an overwhelming success with very few issues. Costs were kept to a minimum and the public response was very good. The proposed services for bulky items and white goods will be an integral part of a sustainable solid waste management program for the community. Beyond the municipal service, responsibility will continue to rest with individual citizens and property owners — the essential stakeholders. These are the people who have the most to contribute towards waste diversion objectives. Working together we can achieve our goal of making community sustainability a reality. RECOMMENDATIONS: It is recommended that Common Council support the special Solid Waste service initiatives outlined herein. Respectfully submitted J.M. Paul Groody P.Eng Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering BULKY ITEMS PICK UP PROGRAM GUIDELINES Eligible Items for Pick up Must be a current resident receiving the City's Residential Solid Waste Collection Service Manageable in size and weight Placed at curbside when stipulated by City staff 1. Household Furnishings & Metals • Bedspring and mattress • Sofa and living room chair • Table and chairs • Television • Computer and monitor • DVD, VCR • Bookcase, cabinet, desk • Microwave 2. Lawn furniture 3. Bulky children's toys 4. Trunk and tool box 5. Windows and Doors 6. Carpet and vinyl flooring 7. Bicycles(not motorized) Criteria for Free Prouram SinEle Dwelling • Up to a maximum of 3 items • Limited to 2 pick -ups per year • Registration required with Municipal Operations Customer Service (658 -4455) • City stipulates when item(s) are to be placed at curbside Multiple units(2 -4) • Up to a maximum of 6 items per PID(per property) • Property owners' responsibility to coordinate tenant limits • Limited to 2 pick -ups per year • Registration required with Municipal Operations Customer Service (658 -4455) • City stipulates when item(s) must be placed at curbside In extenuating circumstances the program could include a third pick up. This would be at the discretion of the commissioner. Customer Instructions 1. Call 658 -4455 to register. 2. Municipal Operations Staff takes information. 3. Staff assigns a job order and schedules pick up date. 4. Municipal Operations staff calls customer back with scheduled date. 5. Customer places item(s) at curbside on appropriate date. WHITE GOODS DROP OFF PROGRAM May and October dates TBA. Eligible items Must be a current resident receiving the City's Residential Solid Waste Collection Service Delivered to location specified by staff • stove • refrigerator • washer • clothes dryer • dish washer • freezer • hot water tank Customer Instructions 1. Call 658 -4455 to register. 2. Drop off locations: West Depot — 961 Fairville Boulevard (use Emco Lane entrance) East Depot — 525 McAllister Drive North Depot —100 Boars Head Road 3. Items must be delivered between the hours of 9:00 a.m. and 4:00 p.m. only. 4. Maximum of 5 white goods per residential property per year. M &C 2006 -49 February 17, 2006 His Worship Mayor Norman McFarlane And Members of Common Council Your Worship and Councilors; SUBJECT: Commercial Properties — Solid Waste By -law Enforcement Staff has begun an initiative to review and confirm all residential solid waste collection customers. In the process there are invariably those properties currently being serviced that are found to be "commercial" as defined in the Solid Waste By -law. As staff encounters these situations action is taken to advise the property owners that they are ineligible for residential collection and to make other arrangements with private haulers. A copy of the notification is attached. As this initiative proceeds individual members of Senior Staff or Council may receive inquiries or complaints about staff's action. This is simply an enforcement of the provisions of the current Solid Waste By -law. Arguments are often heard concerning the definition of a particular property, whether it is residential or commercial. In these cases staff relies on the property tax assessment code. The identification and confirmation of all eligible service users is a vital step in the process we are in to develop an effective, efficient solid waste system, viable collection polices, practices and an effective By -law to support Council's objectives. RECOMMENDATION It is recommended that Council receive and file this report. Respectfully submitted J. M. Paul Groody P.Eng Terry Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering Municipal Operations and Engineering Operations et genie municipaux www. saint] ohn. ca (Date) (Name) (Address) (City) (PC) Dear Property Owners: RE: Garbage Collection at (Company) P. O. Box/C.P. 1971 Saint John, NB/N. -B. Canada E2L 4L1 City of Saint John The City of Saint John's Sanitation Division is currently reviewing collection routes. We have found the above - mentioned property is not considered "residential" as defined in the City's Solid Waste By -Law, and therefore is ineligible for continued residential service provided by the City. Your property is considered a "commercial" source of solid waste. As such, alternate arrangements will have to be made for the collection and removal of garbage from this address. I have attached a copy of the by -law definition of commercial property for your interest. In order to allow sufficient time to make alternate arrangements for collection, it is our intent to continue picking up your garbage until the week of (cut -off date). After your regular garbage day this week, our service will no longer be available to this property. I trust we will receive your co- operation in this matter. If you have any questions, concerns or believe that your property has been mistakenly identified as commercial, please do not hesitate to contact us by phoning our Customer Services Department at 658 -4455. Yours truly, Susan Fitzpatrick, Manager Urban & Traffic Services SF:jc C: P. Groody, Commissioner, Municipal Operations T. Watson, By -Law Enforcement Officer R. Morgan, Bu -Law Enforcement Officer S. Galbraith, Director, Works Department Customer Service Attach. M & C — 2006 -45 February 24, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Assignment of Lease - Angela Sagrati to Black Douglas Holdings Ltd. BACKGROUND: By resolution adopted August 15, 2005 Common Council authorized the lease of Stall 15 in the City Market to Mrs. Angela Sagrati. Mrs. Sagrati has been the owner operator of Sagrati's since 1999. The recent lease agreement was highlighted by a term of 6 years and rents which range from $21.00 p.s.f to $31.00 p.s.f. The tenant recently renewed its lease in the City Market so it could attempt to sell the business in the Market and assign the lease of space. Recently an agreement to sell Sagrati's was reached by and between Mrs. Sagrati and Ms. Kylee Douglas, owner of Black Douglas Holdings Ltd. Mr. Dave Drummond has met with the prospective assignee, reviewed their financial situation and operating plan. Ms. Douglas seems very well suited and versed in the restaurant /catering business and would likely make a strong operator. Sagrati's has no arrears or monies owing to The City of Saint John at the time of this report. The purpose of this report is to secure the consent of Council to grant approval of the assignment of the Lease of Space at the City Market for Stall Dl from Angela Sagrati to Black Douglas Holdings Ltd. Report to Common Council February 24, 2006 RECOMMENDATION: Page 2 That The City of Saint John consent to the assignment of Lease for Stall D 1 in the City Market from Angela Sagrati to Black Douglas Holdings Ltd. effective February 15, 2006 and further that the Mayor and Common Clerk be authorized to sign any documents required to finalize the assignment. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development BI /mmf Terrence Totten, F.C.A. City Manager IE 0 Iff Id P/ SUBJECT: Lease of Space Stall No. C - The City Market BACKGROUND w RECOMMENDATION 1 2 3 4 1* Report to Common Council February 24, 2006 Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager BI /mmf Attachment Page 2 BY -LAW NUMBER A BY -LAW RELATING TO THE MARKET IN THE CITY OF SAINT JOHN ARRETE NUMERO ARRETE CONCERNANT LE MARCHE DE THE CITY OF SAINT JOHN Be it enacted by the Common Council of the Le conseil communal de The City of Saint John City of Saint John as follows: edicte : A By -law of The City of Saint John entitled "A L'arr@te concemant le marche de The City of By -law Relating to the Market In The City of Saint Saint John decrete le 18 mai 2005, est modifie comme John ", enacted on the 18th day of May, A.D. 2005 is suit: hereby amended as follows: 1 Amending Section 5(2) by adding the following immediately after subsection 5(2)(g): (h) Stall C IN WITNESS WHEREOF the City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this by -law the day of A.D. 2006 and signed by: Mayor /Maire I La modification du paragraphe 5(2) par Padjonction de cc qui suit immediatement apres Falinea 5(2)(g): (h) Mosque C EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arr@te le 2006, avec les signatures suivantes Common Clerk/Secretaire communal First Reading Premiere lecture Second Reading Deuxieme lecture Third Reading Troisieme lecture Form A19 LEASE Standard Forms of Conveyances Act, S.N.B. 1980, c. 5 -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, E2L 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 March 1, 2006 February 28, 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 SIGNED, SEALED & DELIVERED In the presence of: 2006. THE CITY OF SAINT JOHN N.M. McFarlane, Mayor J. Patrick Woods, Common Clerk Common Council Resolution: Vera Bochar 2006. i� M�M 11, c WO D r r gm Dx r cn r� Z c� 2318.511 z I Ir m t � Im d 0 o m r 0 c �• Im � I � I 3 � w I CJ I I I m J r A' T r Cl) m CD o .. r m z z D o 70 D � ° o D � o r m � v i� M�M 11, c WO D r r gm Dx r cn r� Z c� 2318.511 z I Ir m t � Im d 0 r c �• Im � I � I 3 � w I CJ I I I I i� M�M 11, c WO D r r gm Dx r cn r� Z c� w rz Do 2318.511 t � d 0 r c �• w � z CJ G w rz Do 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 prevention, security and communication systems, columns, pipes, electrical, plumbing, drainage, any central system for the provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or services located therein or related thereto as well as the structures housing installations; including but not limited to all open and enclosed malls, courts and arcades, public seating and service areas, corridors, furniture, first aid and/or information stations, auditoria, conference rooms, nurseries, childcare play areas and related kitchen and storage facilities, escalators, elevators, public washrooms, music systems and any atrium seating/food court; 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: 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; "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 315` 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 3151, 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 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 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- ARTICLE II 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 Feet (400 W). In the event the Leased Premises is re- measured the Lessee shall pay all rents based on a maximum square footage of T (400 ft). 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 March 1, 2006 and fully to be completed and ended on February 28, 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. Lease for Stall Space — City Market Vera Bocharfrhe 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 fast 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 - $533.33 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 plus HST, 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`s 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 60"' 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 - 3.03 Audit (Mandatory when rent calculation based on Lessee's sales) At its option, the Lessor may cause, at any reasonable time upon five (5) days' prior written notice to the Lessee, a complete audit to be made of the Lessee's entire business affairs and records relating to the Leased Premises for the period covered by any statement issued by the Lessee pursuant to Section 3.02. Any information obtained by the Lessor as a result of such audit shall be held in strict confidence by the Lessor. 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 -1 ", 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" - Page 7 - 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 license fees are rated, charged or assessed by any federal, provincial, municipal or other body. ARTICLE V UTILITIES 5.01 Utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed. 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 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; use the name designated for the City Market by the Lessor from time to time and all insignia or other identifying names and marks designated by the Lessor in connection with the advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (i); j) not install or allow in the Leased Premises any transmitter device nor erect any aerial on the roof of any building forming part of the City Market or on any exterior walls of the Lease for Stall Space — City Market Vera Bochar/The Baking Stone Schedule "C" -Page 10 - Leased Premises or in any of the Common Areas. Any such installation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical devices in a manner so that they can be heard or seen outside of the Leased Premises without the prior written consent of the Lessor. If the Lessee uses any such equipment without receiving the prior written consent of the Lessor, the Lessor shall be entitled to remove such equipment without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; 1) not install or allow in the Leased Premises any equipment which will exceed or overload the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which the Lessor has not approved. If the Lessee requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if they are available elect to install them at the Lessee's expense and in accordance with plans and specifications to be approved in advance in writing by the Lessor; m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the Leased Premises or overload the floors of the Leased Premises. Any such machinery, equipment, article or thing shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damages as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; n) observe and comply with all federal, provincial or municipal laws pertaining to or affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Leased Premises, and the regulations of 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 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. Lease for Stall Space — City Market Vera Bochar/The Baking Stone Schedule °C" - Page 11 - 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; Lease for Stall Space — City Market Vera Bochar/The 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. n_tllce w"► 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: All -risk insurance upon property owned by the Lessee or for which the Lessee is legally liable (including, signs and plate glass) and which is located within the City Market in an amount of not less than the full replacement cost thereof, ii. Comprehensive General Liability with minimum limits of at least 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; i) Premises, Property and Operations; g) Completed Operations; h) A Cross Liability Clause; i) A Thirty (30) days written notice of Cancellation shall be given to the City of Saint John. iii. The Lessee shall also provide any other form of insurance as the Lessee or the Lessor may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would insure. b) All policies shall be taken out with reputable and recognized insurers acceptable to the Lessor and shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable after the placing of the required insurance. All policies shall contain an undertaking by the insurers to notify the Lessor in writing not less than thirty (30) days prior to any material change, cancellation or termination thereof; 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. Lease for Stall Space — City Market Vera BochadThe 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 resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premiseror from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi - public work. All property of the Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, without limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any injury to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply of any utilities to the Leased Premises. 9.04 Indemnification of the Lessor The Lessee will indemnify the Lessor, and save harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased premises, the occupancy or use by the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation. ARTICLE X DAMAGE, DESTRUCTION AND EXPROPRIATION 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: 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 Tenn of this Lease shall expire upon the third (3") 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. 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: 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 Bochar/The 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 for aperiod 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 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 %:) 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, between the Lessor and the Lessee concerning the agreements, conditions or representations, either of the said schedules and rider, if any, set forth. alteration, amendment, change or addition to this unless reduced to writing and signed by them. 14.06 No Partnership promises, agreements, conditions and understandings Leased Premises and there are no covenants, promises, at or written, between them other than are herein and in Except as herein otherwise provided, no subsequent Lease shall be binding upon the Lessor or the Lessee 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 Lease for Stall Space - City Market Vera Bochar/The Baking Stone Schedule "C" - Page 21 - payments required by the terms of this Lease, nor entitle the Lessee to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 14.08 Notices Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be sufficiently given if delivered personally to the 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, E2L 4L1, and any notice herein provided or permitted to be given by the Lessor to the Lessee shall be sufficiently given if delivered personally to the party being given such notice or to a responsible employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessee at 15 Crestline Road, Rothesay, N.B. E2H 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 4L1. 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. Lease for Stall Space — City Market Vera Bochar/The Baking Stone Schedule "C" - Page 22 - 14.16 Quiet Enjoyment The Lessor covenants with the Lessee for quiet enjoyment. 14.17 Riders and Schedules Schedules attached hereto form part of this Lease. 14.18 Basement Storage Space Where the Leased Premises includes any area of basement storage space, notwithstanding any provision herein contained, the Lessee acknowledges and agrees that water and sewer lines are located within the basement area of the Leased Premises and that there is a possibility that water and/or sewage may escape from the lines as a result of breakage, blockage, overflow or other cause, and may cause damage to anything stored in the basement area of the Leased Premises. The Lessee acknowledges and agrees that if it chooses to store anything, whether belonging to it or to others, in the basement area of the 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 Febnraiy , 2006 to and including May ++ 006. Utilities, Promotion Funds/Merchants' Association dues are payable % during the Rent Free Per od. I � 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. 5. The Tenant will be required to remain open for business as follows: a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. 6. The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Tenant. 7. The Tenant shall use at the cost of the Tenant a 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. 10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for any purpose other than ingress to and egress from the Leased Premises. 11. The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees shall not bring in or take out, position, construct, install or move any safe or other heavy equipment or furniture without first obtaining the consent in writing of the Landlord. In giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platforms to distribute the weight thereof. All damage done to the City Market by moving or using any such safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. The moving of all equipment and the furniture shall occur only during those hours when the City Market shall not be open for business or any other time consented to by the landlord. 12. All persons entering and leaving the building in which the Leased Premises are situated must do so during hours the City Market is staffed by City Market employees. The Landlord at its sole discretion may determine the hours the City Market is staffed. Tenants shall register in books if so required by the Landlord when accessing the Market "after Market hours ". The Landlord is under no responsibility for failure to enforce this rule. 13. The Tenant shall not place or cause to be placed any additional locks upon any doors of the Leased Premises without the approval of the Landlord and subject to any conditions imposed by the Landlord. 14. No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for the purposes permitted by the lease to which these rules and regulations are annexed. 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 (T- 0" length), or one projecting sign on each aisle -side that identifies the business by name and type; Bench -top Signs: These signs are the preferred primary form of signage. They must be located Ito 2 inches above the top rail of the bench, and should display the business name. They will consist of a 8" high by 6' -0" long narrow band of material with the lettering printed, painted, composed of individual raised letters, or lettering cut into the material and painted a contrasting colour. The rear may not be used for Signage over another tenancy; Projecting Signs: Projecting signs may be used and shall be constructed as two -sided signs. They may only be located at a bench post, and must be rigidly fastened in place. They shall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide. Only one per tenancy per aisle side shall be permitted as Business identifications; Lighted Signs: Not permitted; Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be permitted. They may not exceed 8.5" x 11" in size, and must not excessively obscure the view through the bench between the first and last rail above the bench. SCHEDULE "Di" 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') 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. 6 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) PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, , 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 day of , 2006 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. IN TESTIMONY WHEREOF I, the said Notary Public, have hereunto set my hand and affixed my Notarial Seal at the City of Saint John aforesaid the day and year herein above written. NOTARY PUBLIC PROVINCE OF NEW BRUNSWICK M & C 2006 - 43 February 1323, 2006 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: RURAL ROADS UPGRADES PROGRAM: LAND ACQUISITION POLICY PURPOSE OF REPORT The purpose of this report is to request Common Council's approval of a policy respecting a procedure to be followed to facilitate Rural Road Upgrade projects. BACKGROUND Many roads in rural parts of Saint John were originally built to service seasonal dwellings. The engineering design that normally guides the construction of roads was not required at the time, with limited maintenance services (winter plowing, road grading) being provided either by the Province (before amalgamation) or the Municipality. Many of these rural roads remain woefully substandard, yet seasonal dwellings have since been converted to or replaced by primary homes, creating an expectation or demand for improved levels of service. A considerable amount of maintenance (street and drainage) has been undertaken on these rural roads in attempts to provide the level of service expected by taxpayers. This maintenance work addresses isolated problems but often fails to correct them on a permanent basis. Ad hoc repairs cannot address fundamental construction flaws. Maintenance problems frequently return or resurface in another location. Attempting to provide acceptable service levels in these areas through repeated maintenance work is simply not feasible. It is also very expensive from a cost - per -unit point of view. M &C 2006 — 43 February 1323, 2006 Page 2 Operational work is also difficult in these areas. Many rural roads are narrow, steep, and meandering, which creates many challenges for snow removal activities. It has been realized recognized that the solution was is to reconstruct these roads based on a properly engineered design. The Rural Road Upgrades Program was initiated with a long -term plan to design and reconstruct sets of rural roads each year. Funds were first allocated to the 2004 General Fund for the provision of engineering services for the design of several roads in the Ketepec area, including By Road #2, By Road #3, By Road #4, By Road #5, Poplar Lane, and Olsen Road. Land ownership is one of the most significant challenges of the Rural Road Upgrades Program. Often the 1 Much of the land required for road rights -of -way or for municipal drainage service easements is located on private property. Inmost cases required road rights - of -way overlap a section of the frontage of properties bordering the roadways. In some cases, parts of or the entire existing road surface itself are on private property. The City of Saint John must own the road rights -of -way and have easements for municipal services to ensure service to these streets is made viable and sustained. The City needs access to the land for maintenance purposes. Land acquisition is therefore a critical component of the Rural Road Upgrades Program. Experience indicates it is also best practice to fully acquire all land prior to any construction on a road. Achieving this goal for the Rural Road Upgrades Program is a challenge because several parcels of land must be acquired for each road. Acquisitions that are equitable to both individual property owners and all taxpayers are vital to the successful and timely acquisition of all required parcels. However, the city must be prepared to delay rebuilding a road until all land acquisitions are complete. Staff realizesd a best practice policy that will guide the equitable and timely acquisition of land required for the Rural Road Upgrades Program is required. ANALYSIS Staff from the Real Estate Division of Corporate Services, the Legal Department, and the Municipal Operations and Engineering Department met to develop and recommend a policy. Many issues were considered including, but not limited to, the number of acquisitions required, the costs associated with legal services and subdivision plans, and where outstanding taxes exist on a property, these must be paid before land can be subdividedhow to deal with liens, mortgages, and discharges when subdividing encumbered property. The policy that staff developed is provided on the following pages. Council should be aware that this policy is only intended to facilitate reconstruction of those substandard rural roads where the City provides or has traditionally provided limited road maintenance services. It is not intended as a means to acquire un- serviced private property in order to commence services or extend road M &C 2006 — 43 February 1323, 2006 Page 3 maintenance services on "private roads" and common lanes. There are many of these situations as well — these travel ways must be brought to standard by the owners before being ever considered as public streets, similar to new subdivision developments. RURAL ROADS UPGRADES PROGRAM: LAND ACQUISITION POLICY I. Where land is required for road construction and /or the installation of municipal services under the Rural Roads Upgrades Program, The City of Saint John (the City) will acquire from each land owner along the road to be upgraded, for road construction, the fee simple absolute interest in the land required and for the installation of municipal services, an easement which shall be a first charge against the land owners' title to his /her land. The City shall: 1. issue to the landowner a Municipal Donation Receipt for Income Tax Purposes in the amount equal to the market value of the land required; 2. at its cost, obtain and record a subdivision plan; 3. reimburse /pay the landowner's legal fees to a maximum of $500.00 plus HST; and 4. pay all Registry /Land Titles Office fees. In consideration the land owner shall: 1. where land is required for road construction, give to the Cityfee simple absolute interest in the land required and where land is requiredfor the installation of municipal services only, an easement which shall be a first charge against the land owner's title to his /her land; 2. sign all documentation required to transfer title in the land to the City; 3. pay all real property taxes levied against the lands to be acquired by the City; and 4. where land is required for road construction, to obtain discharges of all encumbrances registered against the lands to be acquired by the M &C 2006 — 43 February 1323, 2006 Page 4 City and where an easement is required, to obtain postponements of all encumbrances registered against the lands subject to the easement. II. Road construction and /or installation of municipal services shall not commence until all land acquisitions, fee simple and /or easement, for a particular road upgrade have been completed. Where land is required for road construction and /or the installation of municipal services under the Rural Roads Capital Upgrades Program, The City of Saint John (the City) will acquire from each land owner along the road to be upgraded, for road construction, the fee simple absolute interest in the land required and for the installation of municipal services, an easement which shall be a first charge against the land owners' title to his /her land. The City shall: issue to the land owner a Municipal Donation Receipt for Income Tax Purposes in the amount equal to the market value of the land required; at its cost, obtain and record a subdivision plan; reimburse /pay the land owner's legal fees to a maximum of $500.00 plus HST; and pay all Registry /Land Titles Office fees. In consideration the land owner shall: where land is required for road construction, give to the City fee simple absolute interest in the land required and where land is required for the installation of municipal services only, an easement which shall be a first charge against the land owner's title to his /her land; sign all documentation required to transfer title in the land to the City; pay all real property taxes levied against the lands to be acquired by the City; and where land is required for road construction, to obtain discharges of all encumbrances registered against the lands to be acquired by the City and where an easement is required, to obtain postponements of all encumbrances registered against the lands subject to the easement. M &C 2006 — 43 February 1323, 2006 Page 5 IT Road construction and /or installation of municipal services shall not commence until all land acquisitions, fee simple and /or easement, for a particular road upgrade have been completed. Real Estate Services has reviewed and is in agreement with the proposed "Rural Roads Upgrades Program: Land Acquisition Policy". The City Solicitor's Office has reviewed the policy and has found it to be appropriate. FINANCIAL IMPLICATIONS The maximum anticipated cost to Tthe City of Saint John to complete one a typical property acquisition considering the policy described in this report is $1050.00 plus H.S.T, plus Registry/ Land Title Office fees. The $1050.00 cost estimate includes the maximum of $500.00 plus H.S.T. for legal fees and an estimated $550.00 plus H.S.T. for a completed subdivision plan. RECOMMENDATION It is recommended that Common Council approve the use of the "Rural Roads Upgrades Program: Land Acquisition Policy" outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering City of Saint John Environment Committee February 27, 2006 Mayor Norm McFarlane & Members of Common Council City of Saint John Subject: FCM — Partners for Climate Protection Program The Environment Committee requests to make a presentation to Common Council at your earliest convenience regarding the FCM — Partner for Climate Protection Program (PCP). A draft of the proposed presentation is enclosed. We would like to review with you the advantages and benefits that the Committee sees for Saint John in being a member of the program. We would encourage Council to initiate, in the coming year, Phases 1 to 3 of the Partners for Climate Protection 5 step program: • This implies receiving 50% funding from FCM for milestones 1 -3 to prepare a recommended action plan (other communities are obtaining substantial funds). • Council would be requested to fund the other 50% of the initial resource requirement. • This could be as much as $50,000, depending on contributions from other local stakeholders. Your Environment Committee works for Council and much of our work is purely volunteer effort. In this case, some initial funding is required to make bigger things happen in the future. We see these initial phases as an investment to improve the City's potential to maximize senior government funding programs dealing with climate change, sustainable infrastructure, and related environmental concerns. While these phases are focused on identifying City and community implementation actions that will reduce greenhouse gas emissions, at the same time many of the projects should achieve long term cost savings for the City and health improvements for citizens. We believe that these initiatives not only relate to the energy conservation and other efforts of both senior governments, but are also very much aligned with the Premier's recently announced priorities — the "5 in 5" goals for the province. We have recently had discussions with Elizabeth Weir, CEO of Efficiency NB, and Trevor Holder, Minister of Environment, and they are supportive of these efforts. Recommendation 1. The Environment Committee recommends that Common Council adopt a resolution to engage in the Partners for Climate Protection program sponsored by the Federation of Canadian Municipalities. 2. The committee further recommends initiation of Phases 1 to 3 of the Partners for Climate Protection 5 step program in the 2006 budget year with initial funding of $50,000. Thank you. Sincerely, Peter McKelvey, Chairman Attachments: Peter McKelvey — Chairman David Dean - Vice Chairman Melanie Frier Terry Gray Christine Saumure Steve Crighton David Keeping Susan Atkinson Tim Curry Tim Vickers — ACAP Karen Kidd Craig Campbell — Staff Mike Cormier - NBDOE JAULIF X Rderxdcmm Fe&rm nri ofCmudim canadiennedes fb w igipa]iliws Cl419L Ii'I�%]hdI .S Green Municipal Funds Invests $275,000 in Halifax Regional Municipality's Healthy Sustainable Community Study & Climate -SMART March 30, 2004, Halifax, NS - Mayor Peter J. Kelly of the Halifax Regional Municipality (HRM), the Honourable Geoff Regan, Minister of Fisheries and Oceans and Member of Parliament for Halifax West and Lloyd Hines, a member of the National Board of Directors of the Federation of Canadian Municipalities (FCM) and Warden of the District of Guysborough, announced today two Green Municipal Enabling Fund (GMF) projects. Together they will help HRM achieve its commitment to the Partners for Climate Protection (PCP) program. 1. The Healthy Sustainable Community project ($75,000) will update HRM's greenhouse gas (GHG) emissions inventory (PCP Milestone 1), establish reduction targets (PCP Milestone 2) & develop preliminary strategies for a local action plan and implementation plan (PCP Milestones 3 and 4). 2. In the $200,000 GMF Climate -SMART (Sustainable Mitigation and Adaptation Risk Toolkit) project, Halifax Regional Municipality will launch the first prototype of the leading edge Climate -SMART collaborative partnership, involving both public and private sectors. Based on C1imAdapt tools, its development will help municipalities integrate GHG emission reduction and climate change mitigation impact /adaptation practices into the decision making process of policy makers, practitioners and vulnerable communities. Lessons learned can be replicated in other Nova Scotia and Atlantic Canada communities, as well as, in municipalities across Canada. "A key to Halifax Regional Municipality's sustainable community planning is to work in cooperation with all levels of government and the private sector," said Mayor Peter J. Kelly. "Today we would like to acknowledge also our other Climate -SMART stakeholders; in particular, the Natural Resources Canada's Climate Change Impacts and Adaptation Program ($150,000), the Nova Scotia Department of Energy's Climate Change Division ($50,000) and the Nova Scotia Department of Environment and Labour ($50,000)." The Government of Canada has endowed $250 million to the Federation of Canadian Municipalities to establish and manage the Green Municipal Funds. The Funds support partnerships and leveraging of both public and private sector funding to reach higher standards of air, water and soil quality, and climate protection. "I am pleased that the Federation of Canadian Municipalities is supporting these projects through the Green Municipal Funds," said Minister Geoff Regan. "Together, these studies will set an important precedent and lay out a roadmap with lessons learned for other municipalities to draw upon in the future. I am looking forward to seeing many more projects, such as these, in the Atlantic region." "These projects will enhance the economic, environmental and social well -being of Halifax Regional Municipality," said Lloyd Hines, Warden of the District of Guysborough, representing FCM's National Board of Directors. "To date, 297 GMF projects have been approved for funding of over $124 million, leveraging more than $769 million in total spending to act on cleaner air, water, soil and climate change." FCM has been the national voice of municipal governments since 1901. It is dedicated to improving the quality of life in communities by promoting strong, effective and accountable municipal government. For information: John O'Brien, Corporate Communications Officer Halifax Regional Municipality, Tel: (902) 490 -6531; Fax: (902) 490 -4044, obrienjkregion.halifax.ns.ca. More information about the Green Municipal Funds, including details of the approved projects and studies, is available on FCM's Knowledge Network, http: / /kn.fcm.ca Participants Municipal governments in all provinces / territories are getting involved in PCP. There are currently 122 member municipalities representing over 60% of Canada's population. Alberta 11 British Columbia 39 Manitoba 8 New Brunswick 12 Newfoundland 5 North West Territories 3 Nova Scotia 6 Nunavut 1 Ontario 32 Prince Edward Island 1 Quebec 5 Saskatchewan 2 Yukon 1 Municipalities in New Brunswick that have joined the FCM's Partners for Climate Protection Program include: ➢ Bathurst Sustainable Development: ➢ City of Fredericton: ➢ City of Moncton: ➢ City of Edmundston: ➢ City of Miramichi ➢ Town of Sackville: ➢ Town of Hampton: ➢ Town of Quispamsis: ➢ Town of St. Stephen: ➢ Village of Dorchester: ➢ Town of Woodstock: ➢ Town of Saint Andrews: Strategy for Reducing Greenhouse Gas Emissions Draft 11 January, 2006 Fla W Contents • Recommendation to engage in the Partners for Climate Protection program • Background — Policy framework and guidelines — Supporting programs and initiatives • Program elements — Milestones — Resources • Achieving Results — Program targets — Ensuring success — Benefits to the City and its Citizens 24 February 2006 City of Saint John Environment Committee KA Fla W Recommendation • The Environment Committee recommends that Mayor and Council adopt a resolution to engage in the Partners for Climate Protection program sponsored by the Federation of Canadian Municipalities • The committee further recommends initiation of Phases 1 to 3 of the Partners for Climate Protection 5 step program — Implies receiving 50% funding for milestones 1 -3 of recommended action plan — Council to fund the other 50% of initial resource requirement 24 February 2006 City of Saint John Environment 3 Committee Fla W Background • The Government of Canada has committed the nation to support the climate protection measures adopted under the Kyoto Accord • The City has adopted measures to pursue energy conservation and other environmental initiatives • Mayor and Councillors have provided guidance that the City should look for ways to leverage applicable program funding from senior governments where appropriate 24 February 2006 City of Saint John Environment 4 Committee Fla W Organizational Context • Operational review — Vision Statement for City to be `community of choice in Atlantic Canada ...' — Environmental protection identified as target program — Target standing committee on environment, public health &energy • Environment Committee appointed by Council to advise on environmental issues • Initiative supports City's Transportation, Energy, Public Health and Environmental programs pertaining to management of Greenhouse Gas (GHG) emissions and related efforts 24 February 2006 City of Saint John Environment 5 Committee Internal Services (Corporate) Program City Programs City of Saint John Programs People & Saint Generations Saint Property Johners Commuters To Come Johners Owners Public Safety eisure, Arts and Transportation Environmental ` Public Health Program ulture Program Program Protection Program Program Economic Property Community Development Development Housing Energy Program Leadership and Program Program Program Partnership Program / Community Businesses Owners Residents Consumers Service rop Providers 24 February 2006 City of Saint John Environment 6 Committee Fla W Current S*Ituat*10P • City employs energy coordinator resulting in - Many energy conservation initiatives undertaken (primarily in building management) - Savings of -$1 Million / yr. • Energy initiatives in Transportation /Fleet management currently under way • More opportunities exist, but are yet to be quantified 24 February 2006 City of Saint John Environment 7 Committee Annual Accumulated Savings 1997 -2007 000 00'y 00ti el "I 1 00 00 00 00 00 ti 250%) reduction $1, °° ° $87 o in GHG by 2007 $73 o $59o,jaw $440,000 $300,OOG $226,95 $171,959 $64,000' 110,000 30,000 71 - :L== - --L � Li 000 00'y 00ti el "I 1 00 00 00 00 00 ti Fla W Programs available • Partners for Climate Protection Program (FCM) • Environmental Trust Fund (Province of New Brunswick) • Some potential for Natural Resources Canada programs — Wind power production incentives — Private sector programs • Energy audits • Renewable energy deployment • Energy retrofit assistance • Federal Government "new deal for cities" — Relates to environmentally sustainable municipal infrastructure initiatives • $5 Billion in Gas tax funds — Bill C -48 • $800 Million for Transit funds 24 February 2006 City of Saint John Environment 9 Committee Fla W Needs To be successful in reducing the City's Greenhouse Gas Emissions, we need: — A specific, rational way to take key next steps — A comprehensive approach to leverage senior government programs — A defined process to achieve tangible results 24 February 2006 City of Saint John Environment 10 Committee a Program Milestones (Partners for Climate Protection) 1. Perform Inventory and Forecast of Greenhouse Gas Emissions 2. Set reduction targets 3. Develop a Local Action Plan 4. Implement the Plan 5. Measure Progress 24 February 2006 City of Saint John Environment 11 Committee Fla W Resources • Currently Available — City's Environment Committee — Mayor & Council — One staff resource — Potential to leverage fleet management staff activities — Help from community organizations • But, need additional resource(s) dedicated to achieving new objectives relating to GHG management 24 February 2006 City of Saint John Environment 12 Committee Specific Program Targets • Achievement of milestones 1 -3 lays out specific plan to implement milestones 4 & 5 Also sets targets for operational savings from implementation program • Establishes policy framework to maximize opportunities to leverage senior government programs • Establishes guidelines /framework to optimize economic, social and environmental benefits of specific initiatives — e.g. fleet management, buildings management, municipal infrastructure development 24 February 2006 City of Saint John Environment 13 Committee Fla W Ensuring Success • Good process in crafting and administering request for proposals will — ensure money is not wasted • Obtaining guidance from Council and senior staff and aligning with other transportation and building initiatives will — ensure program is compatible with other priorities in Saint John • Strategic leverage of senior government and private sector initiatives will — reduce risk of not obtaining sufficient ROI to meet requirements • Careful implementation of program as recommended will — avoid communicating inappropriate message to citizens and stakeholders and compromising City's position 24 February 2006 City of Saint John Environment 14 Committee Benefits to the City (1 of 3) • Achieves specific reductions in Greenhouse Gas (GHG) emissions • Achieves Kyoto compliance • Shows leadership in addressing environmental initiatives • Public profile is improved -both from investment &quality -of -life perspectives, encouraging more in- migration 24 February 2006 City of Saint John Environment 15 Committee Benefits to the City (2 of 3) • Reduces its consumption of non - renewable resources and saves on municipal operating COStS • Captures available emission credits to benefit operating budget • Profiles energy conservation as part of City's emergence as "energy hub" • Fosters innovation &application of conservation technologies in local context, possibly driving export potential 24 February 2006 City of Saint John Environment 16 Committee Benefits to the City (3 of 3) • Maximizes leverage of funding programs from other levels of government &private sector • Minimizes impact of GHG emissions on human health • Maximizes environmental benefits associated with GHG emissions programs 24 February 2006 City of Saint John Environment 17 Committee Fla W Recommendation • The Environment Committee recommends that Mayor and Council adopt a resolution to engage in the Partners for Climate Protection program sponsored by the Federation of Canadian Municipalities • The committee further recommends initiation of Phases 1 to 3 of the Partners for Climate Protection 5 step program — Implies receiving 50% funding for milestones 1 -3 of recommended action plan — Council to fund the other 50% of initial resource requirement — Could be as much as $50,000, depending on contributions from other local stakeholders — request for 2006 budget year 24 February 2006 City of Saint John Environment 18 Committee 258 Prince William Street Saint John, NB E2L 2C1 January 28,2006 Mayor and Council Saint John City Hall 15 Market Square P. O. Box 1971 Saint John, NB E2L 4L1 Mayor and Council; Recent developments undertaken by Mr. John Rocca, president of Ellerdale Properties Ltd., with respect to the vacant property between Prince William Street and Water Street, north from the Three Sisters Light to the Three Sisters building, have attracted a great deal of attention — much of it negative. Briefly, residents of the immediate area were invited to an information session on October 18, 2005 to learn about a proposed townhouse and condominium project for the property mentioned above. By the time the meeting was adjourned, it was clear that Mr. Rocca had no intentions of building townhouses on the west side of Prince William Street. He revised his proposal to include two apartment buildings fronting on Prince William Street with underground parking off Water Street. Mr. Rocca, noting our objections, suggested another meeting early in the New Year. It was held on January 12, 2006 at the offices of Comeau MacKenzie, 115 Prince William Street, as was the previous meeting. The local residents in attendance were presented with a two building complex: one being an apartment building with approximately 70 units and the other a condominium with approximately 50 units. Their heights are expected to be similar: four and one half stories off Prince William Street. The total height will be seven stories off Water Street. My concern is that this proposed development will have an adverse effect on the much smaller homes in the surrounding neighbourhood. All of the structures fronting on Prince William Street between Queen Street and St. James Street are residences, nine of which are two storey while three others are three storey. When my wife and I purchased our two storey townhouse at 258 Prince William Street in 1995 there were restrictions with respect to colour, height and design - Queen Anne architecture. In a heritage area, the same standards should apply on both sides of the same street. Earlier this month, I contacted Mr. Jim Bezanson to learn that the lower end of Prince William on the west side of the street is not zoned heritage. I believe that this would be an opportune time to include that area as part of the heritage zone. In that way, future development would comply and adhere to similar requirements for any construction in this area. Smaller, lower buildings designed to blend in with existing properties, respecting exposure and space would surely complement that area adjacent the Three Sisters Light and the soon to be completed Harbour Passage walkway presenting a pleasing and harmonious skyline. My proposal to the City of Saint John is to include the property described in my opening paragraph as part of the heritage area. Hopefully in doing so, the planning and development of this area will insure a standard of uniformity and continuity for any projects for the present and in the future. Sincerely, 16� L � Robert Coes His Worship Mayor McFarlane & Councillors of the City of Saint John Street Crime Committee C/o Philip Huggard 16 Peters St. Saint John,N.B.,E2L 2Z9 February 13, 2006 Your Worship and Councillors: As a newly formed group of property owners and concerned citizens of the Inner City Core, located between Union St., City Road, Haymarket Square and Crown St. we are very eager to work with you to make our neighbourhood a safe and more attractive place to live. We will invest a considerable amount of time and money in our buildings, and spend many hours of volunteer time in landscaping and cleaning projects. There is one item of major importance that we will need your help with, and that is to eliminate the extensive activity of soliciting for prostitution. Most of the prostitutes are drug addicts, and so leave used needles carelessly lying about, which is a danger to any children who come across them. Soliciting on the streets is also a major source of embarrassment to our younger citizens, who are often accosted by men driving around looking for prostitutes, especially in the area of Cliff, Exmouth, Richmond, Peters, and Coburg Streets. The acceptance of this being the district where a John can find a prostitute must come to an end. We have observed that the number of girls soliciting is increasing, and with shutdowns pending for Point Lepreau, we anticipate even greater activity. We strongly believe this is a business activity and as such has absolutely no place in our residential district. We thank the police for having taken some action on this issue in the past 6 months, but we urge you to put more resources on this major problem for out neighbourhood so that it can be moved out of our area once and for all. Besides being a business activity in a residential area, and hence against zoning bylaws, soliciting on city streets for purposes of paid sex is also illegal. We count on you to give your full support to the Police Commission as they deal with this problem. This committee would be glad to take the time to meet with your worship, or any councillor, about this matter. Please feel free to contact us. Yours Very Truly, PhiliplHuggard 653 -'9�� l inn x Paul Robert -r b <<Z '4f'° Dan Robichaud rukl- lli- U-3 t cc. Saint John Board of Police Commissioners Nei 9l acv`�wa lJ Last Name First Address email phone Blanchard Anne M Brienza Cony 36 Richmond Street 635 -5827 Brienza Bill 36 Richmond Street 635 -5827 634 -7491 (h) Caissie Veronica 18 Exmouth Street 657 -2790 (w) D'Alessio Mitzi Dingwall Julie — 5- rr+-z„ z4z�,ea; r; z Doyle Barb Ewing Bob and Jocelyn 48 Peters Street, Apt 1 650 -5904 Fleming Mike 160 Sydney Street 693 -1036 Fleming Jim Canterbury Street-- QOixco, 648 -3250 Frigault Sarah Godin Joe 65 Prince Edward Apt 3 639 -2720 Hayward Cathy Higgins Jackie 98 Coberg Street 652 -4334 Holmes -Lau Robert Exmouth Street 642 -6715 Huggard Philip 16 Peters Apt 2 652 -6576 Hughes Laura 31 Cliff Street 6344970 Kenney Darlene 13 Garden Street 696 -4130 Leblanc Tanya Lloyd Astrid 15 Paddock 693 -1182 Lloyd Ofelia 15 Paddock St Apt A 642 -3370 Garden House B &B Lu Peter 28 Garden Street 646 -9093 Paquette Jocelyn 48 Peters Street, Apt 1 650 -5904 Robert Paul 62 Sewell Street 642 -8810 Robichaud Dawn and Rob 28 Exmouth Street 652 -2809 636- 7094(w) 635- 8364(h) Robichaud Dan 139 Union Street 696 -0311 (h) Savoie Malcolm 15 Paddock 693 -1182 Sheehan Marykate 16 Cliff Street 693 -8380 Sheehan Eleanor 16 Cliff Street 693 -8380 Veneau Tabitha 72 Exmouth Street Helpful websites: http:// tamarackoommunity.ca/g2s28.html (Vibrant Communities) http:// www .humandevelopmenteouncil.nb,ca /index.htm (Human Development Council, Saint John) Mr. Ray French Chair of the Saint John Board Of Police Commissioners C/0 City of Saint John, Street Crime Committee The Village Neighbour - Hood Association C/o 16 Peters St. Saint John,N.B.,E2L 2Z9 February 13, 2006 Dear Mr. French and Commissioners: As a newly formed association,we are very concerned about the longstanding practice of soliciting for the purposes of sex trade in the Uptown area. This has been going on for over 20 years. We have asked the Mayor and Councillors for help to eliminate this practice , and are asking you to schedule a time for us to make a presentation to your Board. We recognize that some progress has been made on this issue by the Police in the past 6 months, but with a shutdown coming up for Point Lepreau we feel the problem will get much worse unless new strategies or more resources are put in place. Even now we think that the number of women working the streets is on the increase, and would like the opportunity to share the statistics with you. Attached is our letter to the Mayor and Common Council, and a list of our present members. urs Very Trul , P Pjihp H rd Paul Robert �an Robichau Kevin H. Steele Contracting Ltd. 773 Hillcrest Road Saint John, N.B. E2N 2B6 Phone: 696 -7677 February 1, 2006 Mayor Norm McFarlane & Members of Common Council 8th Floor, City Hall P.O. Box 1971 Saint John, N.B. E2L 41,1 Mayor McFarlane & Councillors: RE: Hillcrest Road Fax: 696.5332 Over the past several years a number of developments and residential houses have been built on the Hillcrest Road in east Saint John. Unfortunately the upkeep of the Hillcrest Road itself has not kept up with the growth in the area and the results of the extra traffic. At present the road is only partially paved and is in a poor state of repair. As an owner is my intention of to multiple parcels of land on this one day develop subdivisions and road, it homes in this area. would need Before some confirmation I could undertake such a project that the Hillcrest Road however, I would be repaired, paved and maintained. I am asking that the City Works Dept. put the repair, paving and maintenance of the Hillcrest Road as one of its priorities for 2006. If that were to happen, I would be able to pursue my plans for approximately 150 building lots immediately. The potential for this area is tremendous. The location is desirably close to many of the east Saint John malls yet is a rural setting. As a mayor and council supporting growth and development of our city, I am sure you will agree that the cost of having this road paved and maintained would be far less than the benefits of having the area further developed. Thank You For Your Consideration, Kevin Steele Eric L. Teed, O.0 , C.D. , Q.C. 127 Prince William Street, Saint John, New Brunswick, EM 2134 Tel: (506) 634 -7324 Fax: (506) 634 7423 Common Council City of Saint John Your Worship and Councillors, One of the major attractions in the City is the Reversing Falls Gorge. When one visits Reversing Falls Restaurant or Park, and looks at the water surging down through the passage way and the still water slack tide and then the movement up the river is fascinating. Unfortunately, there is no lighting to bring to peoples attention and pleasure the changing action which takes place particularly in the evening or night, winter or summer, it is literally invisible in the dark. It is suggested that appropriate spot lighting on the river surface at the gorge would enable a greater interest. Transportation of boats, canoes, river craft could take place 24 hours a day (depending of course on the tides). Council is urged to have a report made on the feasibility of appropriate spot lighting to enhance this world famous attraction throughout the entire year. Yours truly, His Worship Mayor Norman MacFarlane, City Hall, Market Square, Saint John, N. B. Dear Norman, A proposal will soon come before the National Energy Board, requesting permission to install a 30 inch pipeline across the City of Saint John, for transportation of Natural Gas. I was born in Saint John and have lived here all my life. In my opinion, the proposed route through Rockwood Park is the proper one. There will be some disruption during construction, but this huge land mass has never been utilized to any great degree. The Western portion, containing Lily Lake and the Fisher Lakes as well as a trailer park and recreational facilities would remain untouched, as should the Golf Course and Cherry Brook Zoo. The pipeline is passing through a huge undeveloped area, primarily rocky and with small tree growth. As well, the line follows an existing power line. I would suggest that in a very short time after construction, most people would not even be able to find the gas line. If this does not work out, the second choice should certainly be 4ome other land route. To say that the pipeline should pass through the Bay of Fundy is totally irresponsible and thoughtless. The entrance to Saint John Harbour has some of the most violent tides in the world. We are subject to major ocean storms as well as the commercial use of the channel. Dredging of the area, use by commercial fisherman or any commercial marine disaster could have major effects on a pipeline. In addition, the costs and difficulty of construction present unbelievable challenges. A small group of citizens always seem to be against any industrial enterprise in this City and its prosperity. For once, let's place this route in its proper place, through the City, preferably through Rockwood Park. Yours T � Q, Ow' Earl 1, 94 Manchester Ave., Saint John, N.B. E2M 4Hl Brian D. Roy 66 Creighton Ave. Saint John, NB Feb. 18, 2006 Re: Pipeline Corridor through Rockwood Park Dear Mayor and Councilors, I am writing to give my support to the pipeline, going through Rockwood Park's right of way corridor. I agree with councilor Stephen Chase that we should see that it is installed as safely and pleasing as can be. Also we should negotiate the best deal for the city and the park as we can and turn this into a project that we can be proud of for many years to come. I trust that the benefit for many will not be decided by a few. Yours Truly,, ul Ooev I Brian D. Roy